ACTING HIGH COMMISSIONER FOR HUMAN RIGHTS ADDRESSES EASTERN EUROPEAN EXPERT SEMINAR ON FOLLOW UP TO DURBAN CONFERENCE

“Implementation of the Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance:
An Exchange of Ideas on How to Move Forward”
Prague, 24 – 26 September 2003
Organized by the Office of the High Commissioner for Human Rights (OHCHR)
and hosted by the Government of the Czech Republic



Distinguished Deputy Prime Minister and Foreign Minister,
Distinguished Deputy Foreign Minister,
Excellencies,
Distinguished Experts,
Ladies and Gentlemen,

Good morning. It is a pleasure to be with you here today and I would like to warmly welcome you to this seminar organized by the Office of the High Commissioner for Human rights under the title “Implementation of the Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: An Exchange of Ideas on How to Move Forward”. The historic and beautiful city of Prague is indeed a very fitting environment for this seminar and I would like to extend my sincere appreciation and gratitude to the Government of the Czech Republic for hosting the seminar.
As many of you know, similar seminars – for the Latin American and Caribbean region and for Africa – were held in Mexico and in Kenya last year, so this is the third in a series of regional consultations with experts, as well as governments, UN agencies and non-governmental organizations on the implementation of the commitments made at the World Conference against Racism in Durban in September 2001 by 168 States.
I would like to particularly thank the 13 experts gathered here, who have taken time out of their busy schedules to analyze very complex issues, draft papers and prepare presentations on the various issues that will be considered over the next 3 days. These 13 experts, with the input from the observer governments, UN agencies, intergovernmental organizations and NGOs have an important task before them.
A number of international human rights instruments have put the issue of racial discrimination on the international agenda as a matter of law. The United Nations Charter and the Universal Declaration on Human Rights both outlaw racial discrimination. In 1965, the General Assembly took the important step of adopting the International Convention on the Elimination of All Forms of Racial Discrimination. This Convention was the first human rights treaty to establish a monitoring body and is now widely, although not universally, ratified. Over time there have been great advances in the international legal framework protecting the rights of those who are discriminated against on the basis of race, colour, descent, national or ethnic origin – the definition of racial discrimination as set out in the anti-racism convention.
Yet, we still have a long way to go in improving the implementation of international human rights conventions and the recommendations formulated by the United Nations treaty bodies. It is our hope that this seminar will contribute to a better implementation of both, by drawing renewed attention to the urgency to combat racism and xenophobia.
In the preparatory stages of the World Conference against Racism, at the regional intergovernmental conference in Strasbourg and at the expert seminar in Warsaw, the main challenges with regard to racial discrimination and xenophobia in Europe were identified. The conclusions of these meetings fed into the World Conference which, after long and frequently difficult negotiations, adopted a Declaration and Programme of Action.
Never before was the issue of racism discussed in such an open manner. The intense suffering caused by racism and the presence, in large numbers, of victim groups turned the Durban conference into a very historic event. While some issues were contentious, a broad consensus existed on most topics. Past and contemporary forms of racism and xenophobia were addressed in the Declaration and Programme of Action. The intertwining of racism with gender, age, social and economic factors was examined. Specific reference was made to groups particularly vulnerable to racial discrimination and xenophobia, such as the Roma, migrants and others. In order to effectively tackle the scourge, accurate data collection and research were identified as important prerequisites for taking corrective measures. A series of remedies for victims of racism were proposed, such as the need to elaborate national strategies and action plans against racism, and to ensure the legal protection of victims against racial discrimination through the administration of justice.
But maybe the most important lesson from Durban was that no country can claim to be free of racism and xenophobia. Acknowledging the problem is therefore the start of an effective search for solutions. It is not until we realize that we are all members of one human family that we can change current realities.

The documents adopted at the World Conference against Racism provide the international community with a broad anti-discrimination agenda. They also underline that the primary responsibility for combating racism lies with States. At the same time they encourage the active involvement of international and non-governmental organizations, the media, young people and civil society at large.
By organizing regional expert seminars on the follow-up to the World Conference, it has been our intention to bring the outcome of this global conference back to the regions. The question we would like to address to the experts at this stage of the process is “How do we move forward from here?” In essence, the purpose of this seminar is to gather ideas and suggestions from independent experts from the region about how to implement the Durban Declaration and Programme of Action in Eastern Europe.
Building fair and equitable societies remains one of the main challenges of the twenty-first century. This vision of the future, embodied in the final documents of the World Conference, will require tolerance and respect for diversity. It also requires a global commitment to human rights, the rule of law and democracy.
The multiethnic and multicultural character of countries in Central and Eastern Europe has resulted from a complex history. In the early nineties the region entered a new era. The democratization process in many countries has opened great perspectives for citizen participation and modernization and has put human rights on the map. As the process unfolds, we must guard against tensions between different national and ethnic groups previously suppressed. We must also guard against extreme nationalism, accompanied by intolerance and hate speech. Ethnic strife has led to bloody conflicts in the Balkans and other places.
Your region is presently at a turning point in history. In the turbulent waters of ever increasing xenophobia, there can be only one choice: to walk the path of tolerance and inter-ethnic understanding anchored in the spirit of human rights. The challenges are many and the economic obstacles that some countries are facing may make it difficult to implement a comprehensive human rights agenda overnight. We are all conscious of this, but let us not be deterred. Human rights are not only a set of legal standards.

Human rights are also a way of life. If you, as policy-shapers, decision-makers or grass-roots activists adopt human rights as a fundamental philosophy in your work, this will have an impact. One way of advancing the cause of human rights is to speak out openly against xenophobia and racism. Tackling taboos and going against mainstream populist views takes courage.
We like to believe that the experts selected for this seminar have, each one in his or her field, shown the courage to defend the philosophy of human rights and human dignity. They come from a variety of backgrounds: some have functions at government level, others work for regional organizations, national human rights institutions, non-governmental organizations, or are active in the academic world. Yet today they are not representing their institutions, but speaking in their personal capacity as independent experts. By inviting these experts to the seminar, our wish has been to contribute to an open dialogue on difficult and sometimes painful human rights issues in the region. The views expressed by the experts are their own and rooted in each expert’s professional and personal experience.
Specific human rights instruments were designed to protect the most vulnerable: children, women, victims of maltreatment, migrant workers, and victims of racism. It is the role of the United Nations to see to it that the civil, political, economic, social and cultural rights of all be respected, and to advocate for special protection for the most vulnerable.
It is against this background that the agenda for this seminar has been developed. As I mentioned earlier, the victims of racial discrimination were very much at the centre stage of the World Conference. The World Conference was a catharsis for many victims of racial discrimination and xenophobia, in the sense that it allowed them to bring their cause to an international forum, to share their grief and to network with others experiencing different, yet similar, suffering. As we move forward we would like to discuss concrete policies and programmes to protect the victims of discrimination and xenophobia from further violations and to grant them the dignity they deserve. We should not fool ourselves, since this is not an easy process. Granting equal rights may mean giving up some of our own privileges. Focusing on “the other” may mean focusing less on ourselves. Yet, it is the only way forward. History is full of examples of discrimination and marginalization leading to instability, conflict, and frustration on all sides. Peaceful and democratic societies can only be built on the foundations of mutual respect and non-discrimination. Too often a diverse society is seen as a burden or even a threat. In today’s globalized world, the trend towards multiculturalism cannot be reversed. It is therefore time to move away from this perception and to recognize diversity as an asset to be cherished.
Regional organizations such as the Council of Europe, OSCE and the European Union, have gone a long way in fostering respect for human rights in both Western and Eastern Europe. The European Court of Human Rights has caused dramatic change in the legislation and practice of all European countries through its binding judgements on civil and political rights.
We very much welcome the adoption of Protocol 12 to the European Convention on Human Rights, which foresees the general prohibition of discrimination on a broad range of grounds.
The European Council Race Directive (200/43/EC) has already contributed greatly to improving in quality and expanding in scope the legal protections available to victims of racial discrimination in European Union member States and candidate countries from Central and Eastern Europe. In this regard, it is also important to acknowledge the efforts that countries in Central and Eastern Europe have already made to adopt anti-discrimination legislation or to implement the provisions of human rights instruments, such as the Framework Convention on the Protection of National Minorities. The OSCE, through its recent Human Dimension Implementation Meetings on anti-Semitism and on racism and xenophobia, has provided an important forum for discussion and dialogue. Earlier this year the World Bank, together with the Open Society Institute, organized a major conference on the situation of the Roma in the region. And these are just some of the initiatives attesting to the awareness of States and other actors in Central and Eastern Europe of the need to tackle the scourges of racial discrimination and xenophobia.
Yet, it is mainly at the national level that initiatives have a tangible impact on the daily lives of the victims of racial discrimination. In this light, the strengthening of national protection systems is of paramount importance for eliminating racial discrimination and xenophobia.
The first theme on the programme of this seminar is “the rights of persons belonging to national, ethnic, religious and linguistic minorities”. Discrimination is not a stand-alone violation. It tends to manifest itself through the violation of the right to health, housing, employment, and education. The United Nations has provided the world with a place to study and to consider the human rights of persons belonging to minorities by creating the Working Group on Minorities of the Sub-Commission.
In some cases special temporary measures may be justified to combat the discrimination of minorities and more permanent special measures to allow minorities to maintain their cultural identity within their host country. There is a need to balance integration and autonomy measures in the field of education to ensure that minorities and majorities are taught about each other’s history and culture. The same balancing act is necessary when it comes to political participation, to ensure that there is no exclusion or, on the contrary, unfavourable inclusion.
The administration of justice on the one hand and instruments of reconciliation on the other have proved to be of paramount importance in addressing past and present injustice.
Creating national human rights institutions or strengthening them where they already exist should also be considered as they have proved to be effective in providing direct assistance to those who are victims of discrimination, and helpful in obtaining adequate redress, particularly when such institutions are independent. Many national institutions also undertake valuable work through awareness-raising activities, research, educational programmes and by advising the government on measures that could be considered to combat racism, promote social cohesion and value diversity.
The second theme on the agenda will address “The Roma: Issues and Perspectives on the Road to Equality”. The United Nations treaty bodies have repeatedly voiced their concern over the treatment of Roma in parts of Central and Eastern Europe. The Roma are becoming the largest and fastest growing minority in Europe, yet they score very poorly in the Human Development statistics. Many States have taken action to outlaw institutional racism, yet day-to-day discrimination is frequent. The stereotyping of Roma, and the prejudices against them, show the extent to which racism against Roma is deeply embedded in the social fabric of societies. One of the challenges in this regard is how to change the mentality of the majority and root out the denigrating prejudice against Roma.
Thirdly and finally, under the theme “Xenophobia”, the experts will examine possible strategies to combat anti-Semitism, discrimination against refugees and internally displaced persons and the discrimination against migrants.

Throughout your discussion during the next three days, it is my hope that you will also reflect on how non-governmental organizations, youth groups and other sectors of civil society can assist with the implementation of the Durban Programme of Action. These organizations have proved to be efficient partners in advancing the promotion and protection of human rights. Civil society has frequently been creative in coming up with ways to convert policy goals into action, and their input and suggestions should be closely considered.
The report of this seminar, including the recommendations formulated by the experts, will be presented to the next session of the Commission on Human Rights in March next year.
As I said before, the issue of racial discrimination, tolerance and respect is and remains one of the most difficult issues of our times. The true measure of your work will be whether it makes a real difference in the lives of the victims. It is our hope that forward-looking, realistic and consensus-oriented recommendations will result from this seminar that will lead to concrete improvement in the lives of the victims of racial discrimination, xenophobia and related intolerance.
I wish you great success in your deliberations and look forward to receiving your recommendations. Thank you.