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Geneva, 4 August, 2003



ADDRESS OF BERTRAND G. RAMCHARAN
ACTING HIGH COMMISSIONER FOR HUMAN RIGHTS
AT THE OPENING OF THE COMMITTEE
ON THE ELIMINATION OF RACIAL DISCRIMINATION




Mr Chairman, distinguished members of the Committee on the Elimination of Racial Discrimination, friends of the human rights movement, ladies and gentlemen,

As you open another session of the Committee, let me offer you a warm welcome and wish you every success in your efforts.

Your meeting takes place at a troubled time for human rights:

Terrorists continue to strike in different parts of the world and innocent lives are lost and people maimed. I condemn such terrorist acts unreservedly, wherever and by whomsoever committed. We have recently seen attacks against hospitals, schools, and churches. This evokes revulsion. Terrorism is just plain wrong and criminal.

Poverty, far from receding, continues to make even more wretched, the lives of the wretched of the earth.

Inequality, within and among nations, is rampant.

Discrimination against migrants is commonplace in receiving countries.

Racism and racial discrimination are as serious as when the Convention was drafted.

Religious discrimination and persecution are rampant. In our troubled times persons who are distinctive because of their faiths or beliefs are set upon, harassed and persecuted. This has been the fate of Muslims, Sikhs, Jews and Hindus. In the aftermath of September 11, persons of the Islamic faith have been particularly vulnerable.

Gross violations of human rights are commonplace in many parts of the world.

In a number of conflicts around the world, civilians are deliberately targeted and women and children suffer grievously.

The recommendations of international human rights treaty bodies are frequently flouted.

The Special rapporteurs and other special procedures of the Commission on Human Rights report shocking violations of human rights and it is difficult to know who is listening - far from acting - to stop such violations.

In the midst of all of this, you are called upon to uphold the principle of equality and non-discrimination as elaborated in the International Convention on the Elimination of All Forms of Racial Discrimination. The principle of non-discrimination pervades the Charter and the Universal Declaration. In your general comment No. XIV you noted that "non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitutes a basic principle in the protection of human rights". In determining whether there is discrimination you announced that you would look to see whether an action under scrutiny "has an unjustifiable disparate impact upon a group distinguished by race, colour, descent, or national or ethnic origin."

In the opening stages of the drafting of the Universal Declaration of Human Rights, one of its architects and philosophers, Dr Malik of Lebanon, urged that the human rights work of the United Nations be based on core principles including the following: (i) the human person is more important than the racial, national, or other group to which he or she may belong; (ii) the human mind and conscience are sacred; (iii) the individual should be free of pressure from the State, or due to religion or race; It is in this spirit that Article 1 of the Universal Declaration proclaims that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit brotherhood.

In his pioneering study on racial discrimination, which he did for the United Nations in the 1960s and updated in the 1970s Hernan Santa Cruz of Chile, one of the drafters of the Universal Declaration, noted that general principles relating to the elimination of racial discrimination were set out clearly in the United Nations Declaration and in the International Convention on the Elimination of All Forms of Racial Discrimination. He therefore sought to develop recommendations to eliminate racial discrimination in the political sphere by all appropriate means, including legislation; and discrimination in the economic and social spheres stemming from differences in living standards which, he concluded, "are an expression of the lack of authentic quality of social and economic opportunities." In a telling comment, Santa Cruz wrote:

" The hard road that leads to the elimination of racial discrimination is similar to the one that must be traversed by the poorest strata of underdeveloped societies in their progress towards conditions of life more compatible with human dignity and more egalitarian. Therefore, action on the national and international levels to accelerate economic and social development in developing countries represents one of the most effective means of eliminating or reducing de facto discrimination in the economic and social spheres."

Santa Cruz urged continued cooperation between United Nations organs and the ILO with a view to the elimination of racial discrimination in economic and social sphere, particularly in employment. He advocated dynamic education policies guaranteeing access to education for all citizens as the surest way of eliminating de facto discrimination in the sphere of education and other sources of culture and called for cooperation between United Nations organs and UNESCO.

Your own General Comment No. XVII recommended that States parties establish national commissions or other appropriate bodies to promote respect for the enjoyment of human rights without discrimination; to review government policy towards protection against racial discrimination; to monitor legislative compliance with the provisions of the ICERD; to educate the public about the obligations of States parties under the Convention; and to assist the Government in the preparation of reports to be submitted to this Committee.

In your decision 9(53) you gave an assessment of the contemporary challenges in indicating the following issues for consideration:

"...current realities in the aftermath of slavery and colonialism; impact of economic globalisation and racial equality; treatment of migrants, refugees, asylum-seekers and displaced persons; prevention of racial discrimination, including early-warning and urgent procedures; prevention of racial discrimination through education; remedies, redress mechanisms land reparations for racial discrimination; international mechanisms for the implementation of the ICERD and their progressive development; combating hate speech and promoting tolerance in the digital age; the implications of multiple identities (race, colour, descent, national or ethnic origin, gender."

Your decision at your forty-fifth session to establish an item on the prevention of racial discrimination, including early warning measures and urgent action procedures as one of your regular and principal agenda items was a crucial one. Within the framework of efforts to prevent racial discrimination you have declared your readiness to take early warning measures aimed at preventing existing problems from escalating into conflicts; or you may decide to initiate urgent action procedures aimed at responding to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention.

Strategically, the preventive approach was a breakthrough. The challenge on the eve of a new century, a new millennium, is to take preventive strategies to the national level: every State party should be able to show and to explain to the Committee the preventive strategies it has in place: in its constitutional structure, its legislation, its judicial system, its executive branch, its education policy, and in the institutions it has established to provide special protection to those at risk.

Preventive strategies at the national level would need to be buttressed by regional exchanges of experience and insights that are also designed to emphasise prevention and protection. By building on national strategies and regional efforts we can reinforce international cooperation for the prevention and elimination of racial discrimination.

It is my strong belief that nothing is more central to the success of the United Nations than the fulfilment of its human rights mission. Allow me, therefore, to express our gratitude to each of you for your crucial contribution to this task. In taking forward the human rights mission of the United Nations, we must be guided by the principles of the Charter. The experience of millions of people worldwide testifies to a simple fact: where there is racism, there can be no respect for these principles nor for the norms enshrined in the core international human rights treaties.

Among these treaties, the main instrument to fight racism and racial discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination (hereafter ICERD) of which you are the guardians, and I am convinced of the fundamental importance of working towards its universal ratification. In this respect, I am pleased to inform you that the number of States parties has now reached 169 following the ratification of the Convention by two more States Parties.

Of course ratification of international human rights treaties is only the starting point; our main goal must be their successful implementation, which is crucial to the future world order and to the realisation of peoples' aspirations for peace, justice, development, equity and social progress.

When one takes into account the centrality of implementation of the core human rights treaties for national, regional, and international efforts for the prevention of conflicts, peace, development and justice, one gets a true measure of the importance of the work of human rights treaty bodies such as your Committee. For it is in your charge to foster democratic societies grounded in the rule of law and respect for the principle of the equal enjoyment of human rights by all, while taking into account the historical context and present-day realities of each country. Without democracy, the rule of law and respect for human rights, the edifice crumbles.

This is an all too familiar story in different parts of the world where I have seen first hand that the roots of situations of conflict and underdevelopment lie in severe violations of the principle of equality and in racial discrimination. I strongly believe, therefore, that a global fight against racism and racial discrimination is a matter of priority for the international community, and that we, the actors of this community, should spare no effort to ensure the faithful implementation of all international human rights norms and in particular those enshrined in ICERD. Then and only then will all parts of the population of a country, whether they be poor, rich, members of an indigenous group or of an ethnic or national minority, feel that they have a stake in the future of the society and that their rights are protected through the rule of law in a functioning democracy.

Unless basic human rights of all, in full compliance with the principle of equality, are respected and protected, the people will not be motivated to produce, and development will lag or there could even be regression. A society without respect for human rights and in which people are being victimized because they belong to a particular group is a society that is working against its own development.

Poverty, underdevelopment, marginalisation and social exclusion are closely associated with racism and racial discrimination, and contribute to the persistence of racist attitudes and practices which in turn generate more underdevelopment and poverty. Human rights norms introduce indispensable elements of non-discrimination and equity in the development process. The aim of development is to help achieve realization of these norms while the implementation of human rights facilitates and accelerates development.


The implementation of the core human rights treaties is at the heart of the concept of national protection systems as highlighted by the Secretary-General in his second reform report (A/57/387, paragraph 50) and by the High Commissioner in his annual report to the Commission on Human Rights (E/CN.4/2003/14, paragraphs 14 to 17). As indicated in this report, we must focus directly on the adequacy and effectiveness of the national protection system in each country. Last month, we invited all governments to make a brief submission on the main elements of their national protection system. These submissions will be compiled and submitted to an expert group consisting of one representative of each of the six main human rights treaty bodies. The ultimate aim of the exercise will be to identify areas in which, at the request of the Government concerned, the international community can be of assistance in the strengthening of the national protection system, in whole or in part.

While acknowledging the difficulties encountered by governments and their need for assistance, we must also continue to insist on the principle of international accountability. No country is or can be above the law. Your Committee, through its comments, recommendations and the opinions it formulates after considering petitions, helps to identify, explain and elaborate upon the law. The fundamental premise of the international legal system is the supremacy of international law. International accountability is the principle that helps uphold this. This is the measure of the importance of your work.

Let me now say a few words on your agenda for this session as well as on various developments that have occurred since you last met.

Meeting of CERD with States parties on 19 August 2003


I am pleased to see that you will devote the afternoon of 19 August to a meeting with States parties to the ICERD. This meeting will be the first of its kind in the Committee’s history. I hope that it will provide an opportunity for a fruitful exchange of views with States parties on the elaboration and consideration of periodic reports, on the follow-up to the conclusions and recommendations of your Committee, as well as on any issues relating to its work which States parties may wish to raise. I very much hope that this meeting will provide an occasion to explore how the work of your Committee can be enhanced in an effective and mutually beneficial manner under the mandate conferred to it, at the same time contributing to further the protection of equality and the elimination of all forms of racial discrimination.

Secretary-General’s report on further reform of the UN system and treaty body reform:

As you know, there has been much discussion on the Secretary-General’s reform proposals during the past few months. In early May, a meeting on the issue was convened at Malbun (Liechtenstein) which brought together representatives of States parties, NGOs, specialized agencies, treaty body experts and members of the Secretariat. Your Chairperson, Mr. Diaconu, and Mr. Thiam, represented your Committee. The debates were open and constructive, and the Points of Agreement emanating from this meeting have been made available to you.

The second Inter-Committee meeting convened from 18 to 20 June also focused to a large extent on options for implementing in a meaningful way the Secretary-General’s proposals. You have been provided with the report of this meeting and I am certain that Mr. Diaconu, will report in due course on the outcome of this meeting. Very briefly, the meeting considered that the proposal that each State should be allowed to produce a single report summarizing its adherence to the full range of international human rights instruments would not meet the concerns and objectives expressed in relation to the system. Some of these concerns and objectives could be met by requiring States parties to the different instruments to prepare an expanded core or common document, to be updated regularly, as well as treaty-specific focused periodic reports to individual treaty bodies.

The Inter-Committee meeting was followed by the 15th meeting of Chairpersons of human rights treaty bodies. It endorsed the recommendations of the second Inter-Committee meeting and recommended that the third Inter-Committee meeting in 2004 examine draft guidelines for an expanded core document to be submitted by all States parties to the principal human rights instruments. The Secretariat has started to work on these draft guidelines.

I wish to thank you for your contributions to the process I have just outlined. Key insights that have emerged in the process are that the reporting system is a positive and successful system, which allows for the creation of constituencies at the national level to encourage and foster domestic level implementation. Recent innovations by treaty bodies on follow-up to concluding observations have been welcomed. It has also been pointed out that there might be a stronger role of national institutions for the protection of human rights in the treaty reporting system and its follow-up.

Working methods/ Follow up to concluding observations

I am aware that you will be once again devoting part of this session to the review of your working methods and I welcome this prospect. The discussions of the past few months have put a great deal of emphasis on the necessity of harmonising treaty bodies’ working methods, and in particular on the usefulness of lists of issues for the consideration of States parties’ reports and the need to put in place efficient follow-up procedures. Your Committee has been informed of the new follow-up procedures adopted by the Human Rights Committee and the Committee against Torture. It is heartening to learn that they appear to be working well, and I strongly encourage you to consider the establishment of a similar procedure for your recommendations.

As you know, a workshop was held in Quito last year which focused on the implementation of the recommendations of the Human Rights Committee from a regional perspective. Another more recent and equally successful example of this approach was the organization and conduct of a regional course in Tegucigalpa, Honduras, on the preparation and presentation of reports to treaty bodies, and I thank one of your members, Mr. Valencia Rodriguez, for his important contribution to the workshop. A workshop on follow-up to concluding observations of the Committee on the Rights of the Child will be convened in Syria in October 2003, and I am very pleased to inform you that a similar workshop on the follow-up to the concluding observations of your Committee is in the planning stage. I trust that before long, you will see the fruits of these and other similar exercises, in terms of a larger number of reports before you, and better follow-up to your concluding observations.

In conclusion, Mr. Chairperson and distinguished members of the Committee, I express our deep appreciation for the important work done by your Committee in promoting and protecting equality and the elimination of all forms of racial discrimination and I wish you a fruitful and successful session.



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