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20 March 2001
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Introduction of the Report of the High Commissioner for Human Rights
to the Commission on Human Rights - 57th session
Agenda Item 4
Statement by
Mary Robinson,
United Nations High Commissioner for Human Rights
Geneva, 20 March 2001
Chairman,
Excellencies,
Distinguished delegates and dear friends,
I am pleased to introduce my report to the Commission under agenda item 4. As I emphasised yesterday, the Commission on Human Rights is in a position to exercise real leadership in the struggle against racism.
That leadership can be shown in the statements by high level participants to the Commission and also by integrating a conscious perspective of practical preparation for the Durban Conference into the relevant agenda items of this 57th session. The audience waiting for this leadership is very large, spread throughout the world, and hopeful of change. It includes the victims of racism and discrimination, civilians caught up in ethnic conflicts, the marginalized and excluded, minorities – including those of African descent, indigenous peoples, migrants, those who are trafficked, refugees and asylum seekers.
This session takes place at a crucial time. We have reached a strategic moment in the World Conference preparations. I think we can safely say that the main issues to be addressed in Durban have been identified. That in itself is an achievement.
Of course there is not agreement on everything, but many shared understandings have been found. We should build on those areas of agreement. The eminent personalities who will address this Commission are in a unique position to help in building bridges between the various positions in the negotiations and I call on them to do so. Even in the sensitive area of addressing the legacy of racism and slavery I believe that it will be possible to find language which properly reflects the horror and revulsion which all must feel at the injustices which were committed and which expresses our determination that never again will such abuses of fundamental human rights be allowed to happen.
At this stage, the Commission could usefully identify some concrete measures which States could immediately take domestically to prepare for their meaningful participation in the World Conference. In embarking on this task, we should be guided by the pioneering work of CERD and other Treaty Bodies and Special Mechanisms of the Commission, which have made solid achievements and built up considerable expertise over the years.
It is particularly fitting that the Special Dialogue during the Commission this year will focus on tolerance and respect. The purpose of this high level debate is to explore practical action-oriented ways and means to promote these values. We should take stock of what will be discussed and act on it.
To assist the Commission, my report highlights a number of measures that could make a difference in the struggle against racism in the months leading up to the World Conference. The report also summarizes the outcome of my visits to the Democratic Republic of Congo, China, Venezuela, Mexico, and Colombia.
First: Human rights law:
My report identifies a number of key conventions, including those that focus on racial discrimination, migration, and refugees that have yet to receive universal ratification. My Office stands ready to assist those countries that are constrained by a lack of financial or technical resources to achieve this important objective.
In the months leading up to the World Conference, it is essential that States demonstrate their serious intention to eradicate racism not only by ratifying human rights Conventions, but also by taking practical measures towards bringing their national laws and policies into conformity with their provisions.
I have written to the 25 States Members of the United Nations which have not ratified the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) urging them to ratify this treaty before the World Conference. I would also urge many more states to join the 33 who have made declarations under Article 14 of the Convention. It is, of course, essential that States enact implementing legislation to this Convention. These are major targets that should be achieved soon.
Second: Contemporary trends in racism:
We must come to grips with the various ways in which racism reveals itself in today’s world. It is worrying that despite the defeat of apartheid, some of the old forms of racism remain with us today. Racially discriminatory laws and policies continue to exist in several countries.
The last decade has witnessed the outbreak of brutal racial and ethnic tensions in Asia, Africa, Europe and elsewhere in the world. Civilians, in particular women and children, have been the victims of unspeakable cruelty and were made to suffer with no mercy.
New manifestations of discrimination also present serious challenges to social cohesion in many countries. Thinking about racism today, I ask you to consider three kinds of movement: the movement of people, the movement of information and the movement of capital.
The movement of people:
The movement of people can be seen most evidently in migration patterns. In our shrinking, globalizing world, it is likely that migration will intensify, either in a managed way with respect for human rights or with a further increase in illegal and undocumented migrants. Migration brings people from different cultures into a common labour force; this movement could be a source of empowerment for individuals as well as for societies of origin and destination. On the other hand, legal as well as undocumented migrants across the globe are often subjected to humiliation, discrimination, racism and outright violence. It is surely wrong that individuals face such treatment. States remain under a duty to protect and safeguard everyone living under their control from violence and acts of racism, this duty extends to undocumented workers.
Recently States adopted a protocol to the Convention on Transnational Organized Crime outlawing the smuggling of migrants by land, sea and air. This protocol, which was adopted in November 2000, has already been signed by 82 States. Yet, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was adopted in 1990, has yet to enter into force having received only 16 ratifications. Why are the rights of migrants given such a low priority? It is important that States ratify this Convention and implement its provisions, particularly in light of the recently adopted Protocol on the smuggling of migrants.
One particularly vulnerable group is those persons who are tricked, sold, coerced, and trafficked as part of the labour force or the sex trade. The link between trafficking and racism is apparent in all stages in the trafficking cycle. Members of certain racial or ethnic groups are particularly vulnerable to trafficking because they are poor and have limited access to education, housing, employment and legal protection. Until recently, international human rights law was not able to deal effectively with trafficking. The very day that the Protocol on the smuggling of migrants was adopted, an important Protocol to prevent, suppress and punish the trafficking in human persons, with particular attention to women and children was adopted as a supplement to the same Convention. I welcome the adoption of this Protocol especially as it contains a number of provisions providing for protection and assistance to trafficked persons.
Refugees and internally displaced persons are also particularly vulnerable to racist abuse. Those who are fleeing racial and ethnic conflicts are often met with cynicism and rejection. There is a need for the exercise of real political leadership in refugee matters in order to give meaningful effect to the promise of the Universal Declaration of Human Rights that everyone has the right “to seek and enjoy in other countries asylum from persecution.”
Several countries, particularly in Asia, are not party to the 1951 Refugee Convention. It is particularly important that such States adhere to this Convention, especially as unlike other regions, Asia lacks a regional framework for refugee rights.
Racism and xenophobia against refugees in Europe are fuelled by restrictive policies that effectively erode the right to asylum. Some States, for example, invoke technical issues, such as differentiating between State and non-State persecution, to deny protection to those who are seeking refuge. This is a serious constraint in the protection of victims of racism. The theme chosen by UNHCR for this special anniversary year is “respect”, a theme I would invite this Commission to support strongly.
Racial and ethnic conflicts have also exacerbated the internal movement of people. Many of the almost 25 million internally displaced around the world face ethnic and racial hatred and violence. We should pay more attention to the protection of the internally displaced from racism. It is fitting that a UN inter-agency approach is being developed and that an inter-agency panel on internal displacement will take place during this Commission.
The movement of information:
In addition to the movement of people in today’s world, consider also the rapid movement of information. Rapid changes and new developments in technology have improved our ability to communicate and spread the human rights message around the world. The fact that some racist groups have misused the Internet to spread repugnant hate speech needs to be addressed urgently. In considering this issue, however, we must keep in mind that the right of freedom of expression is a precious fundamental right – any attempt to restrict it must be approached with absolute care and considered within the strict parameters of human rights norms.
The movement of capital:
I also think of the movement of capital. Our world is witnessing dramatic changes in the global economy. I believe that international and local business communities can play a key role in eradicating racism. They need to fully assume their responsibility in this momentous struggle. I have met with business and trade union leaders during the World Economic Forum in Davos and elsewhere, and discussed with them how the private sector could best contribute to making tangible progress on the issues to be addressed in Durban, particularly with regard to diversity in the workplace.
Third: The gender dimension
The specific impact of racism on women and children deserves our special attention and I have highlighted this in my report.
I applaud CERD for devoting General Recommendation XXV to the gender-related dimension of racial discrimination. In designing their national policies, I call upon States to pay special attention to the specific needs of certain women, such as women victims of conflict, indigenous women, refugee women, migrant women, and trafficked women.
Women are particularly vulnerable during ethnic and racial conflicts.
I am heartened by the recent judgements of the International Tribunals for Rwanda and for the Former Yugoslavia, which brought home how women are often deliberately targeted for violence – not just because they are women, but also because of their ethnic origin. These recent convictions of rape and enslavement as crimes against humanity serve as a reminder that the international community will stand firm to assert that there will be no impunity for such crimes.
Fourth: Youth and racism
Too many children in the world are deprived of basic education, health care, food, or adequate housing simply because they do not belong to the “right” race, ethnicity, nationality, or colour.
I applaud the Committee on Economic, Social and Cultural Rights as well as the Committee on the Rights of the Child for their general comments on various aspects of the right to education as part of their contribution to the World Conference. These contributions identify key measures that States could usefully adopt in enhancing education as a tool to combat racism. My Office will be organizing a panel on racism and the role of education during this session in collaboration with UNICEF.
The struggle against racism is a struggle for all nations, large and small. No region, no country, no community can fairly claim to be free from intolerance.
My message is simple: in the months leading up to the Durban Conference, each State needs to look afresh at itself. Each State needs to reflect on the past, present and the future. Each State would benefit from a review of its laws and policies with the view to repealing those that disproportionately affect disadvantaged racial groups and ensuring that remedies and complaint mechanisms are available. Each State needs to go beyond trying to ensure equality of individual opportunity by merely making discrimination illegal. It needs to think of special measures as to how it can reverse historical injustices that have consigned certain groups to positions of disadvantage. Equally important, each State should establish relevant institutions and develop education and training programmes to foster tolerance and appreciation of diversity as part of efforts to eliminate racism. The Commission can guide this process by identifying what States need to do at home to prepare themselves for the World Conference in Durban.
The best contribution that you can make to the World Conference is to take concrete action now to eliminate the suffering of victims of racism. We can then go to Durban and celebrate your achievements.
Thank you.
to the Commission on Human Rights - 57th session
Agenda Item 4
Statement by
Mary Robinson,
United Nations High Commissioner for Human Rights
Geneva, 20 March 2001
Chairman,
Excellencies,
Distinguished delegates and dear friends,
I am pleased to introduce my report to the Commission under agenda item 4. As I emphasised yesterday, the Commission on Human Rights is in a position to exercise real leadership in the struggle against racism.
That leadership can be shown in the statements by high level participants to the Commission and also by integrating a conscious perspective of practical preparation for the Durban Conference into the relevant agenda items of this 57th session. The audience waiting for this leadership is very large, spread throughout the world, and hopeful of change. It includes the victims of racism and discrimination, civilians caught up in ethnic conflicts, the marginalized and excluded, minorities – including those of African descent, indigenous peoples, migrants, those who are trafficked, refugees and asylum seekers.
This session takes place at a crucial time. We have reached a strategic moment in the World Conference preparations. I think we can safely say that the main issues to be addressed in Durban have been identified. That in itself is an achievement.
Of course there is not agreement on everything, but many shared understandings have been found. We should build on those areas of agreement. The eminent personalities who will address this Commission are in a unique position to help in building bridges between the various positions in the negotiations and I call on them to do so. Even in the sensitive area of addressing the legacy of racism and slavery I believe that it will be possible to find language which properly reflects the horror and revulsion which all must feel at the injustices which were committed and which expresses our determination that never again will such abuses of fundamental human rights be allowed to happen.
At this stage, the Commission could usefully identify some concrete measures which States could immediately take domestically to prepare for their meaningful participation in the World Conference. In embarking on this task, we should be guided by the pioneering work of CERD and other Treaty Bodies and Special Mechanisms of the Commission, which have made solid achievements and built up considerable expertise over the years.
It is particularly fitting that the Special Dialogue during the Commission this year will focus on tolerance and respect. The purpose of this high level debate is to explore practical action-oriented ways and means to promote these values. We should take stock of what will be discussed and act on it.
To assist the Commission, my report highlights a number of measures that could make a difference in the struggle against racism in the months leading up to the World Conference. The report also summarizes the outcome of my visits to the Democratic Republic of Congo, China, Venezuela, Mexico, and Colombia.
First: Human rights law:
My report identifies a number of key conventions, including those that focus on racial discrimination, migration, and refugees that have yet to receive universal ratification. My Office stands ready to assist those countries that are constrained by a lack of financial or technical resources to achieve this important objective.
In the months leading up to the World Conference, it is essential that States demonstrate their serious intention to eradicate racism not only by ratifying human rights Conventions, but also by taking practical measures towards bringing their national laws and policies into conformity with their provisions.
I have written to the 25 States Members of the United Nations which have not ratified the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) urging them to ratify this treaty before the World Conference. I would also urge many more states to join the 33 who have made declarations under Article 14 of the Convention. It is, of course, essential that States enact implementing legislation to this Convention. These are major targets that should be achieved soon.
Second: Contemporary trends in racism:
We must come to grips with the various ways in which racism reveals itself in today’s world. It is worrying that despite the defeat of apartheid, some of the old forms of racism remain with us today. Racially discriminatory laws and policies continue to exist in several countries.
The last decade has witnessed the outbreak of brutal racial and ethnic tensions in Asia, Africa, Europe and elsewhere in the world. Civilians, in particular women and children, have been the victims of unspeakable cruelty and were made to suffer with no mercy.
New manifestations of discrimination also present serious challenges to social cohesion in many countries. Thinking about racism today, I ask you to consider three kinds of movement: the movement of people, the movement of information and the movement of capital.
The movement of people:
The movement of people can be seen most evidently in migration patterns. In our shrinking, globalizing world, it is likely that migration will intensify, either in a managed way with respect for human rights or with a further increase in illegal and undocumented migrants. Migration brings people from different cultures into a common labour force; this movement could be a source of empowerment for individuals as well as for societies of origin and destination. On the other hand, legal as well as undocumented migrants across the globe are often subjected to humiliation, discrimination, racism and outright violence. It is surely wrong that individuals face such treatment. States remain under a duty to protect and safeguard everyone living under their control from violence and acts of racism, this duty extends to undocumented workers.
Recently States adopted a protocol to the Convention on Transnational Organized Crime outlawing the smuggling of migrants by land, sea and air. This protocol, which was adopted in November 2000, has already been signed by 82 States. Yet, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was adopted in 1990, has yet to enter into force having received only 16 ratifications. Why are the rights of migrants given such a low priority? It is important that States ratify this Convention and implement its provisions, particularly in light of the recently adopted Protocol on the smuggling of migrants.
One particularly vulnerable group is those persons who are tricked, sold, coerced, and trafficked as part of the labour force or the sex trade. The link between trafficking and racism is apparent in all stages in the trafficking cycle. Members of certain racial or ethnic groups are particularly vulnerable to trafficking because they are poor and have limited access to education, housing, employment and legal protection. Until recently, international human rights law was not able to deal effectively with trafficking. The very day that the Protocol on the smuggling of migrants was adopted, an important Protocol to prevent, suppress and punish the trafficking in human persons, with particular attention to women and children was adopted as a supplement to the same Convention. I welcome the adoption of this Protocol especially as it contains a number of provisions providing for protection and assistance to trafficked persons.
Refugees and internally displaced persons are also particularly vulnerable to racist abuse. Those who are fleeing racial and ethnic conflicts are often met with cynicism and rejection. There is a need for the exercise of real political leadership in refugee matters in order to give meaningful effect to the promise of the Universal Declaration of Human Rights that everyone has the right “to seek and enjoy in other countries asylum from persecution.”
Several countries, particularly in Asia, are not party to the 1951 Refugee Convention. It is particularly important that such States adhere to this Convention, especially as unlike other regions, Asia lacks a regional framework for refugee rights.
Racism and xenophobia against refugees in Europe are fuelled by restrictive policies that effectively erode the right to asylum. Some States, for example, invoke technical issues, such as differentiating between State and non-State persecution, to deny protection to those who are seeking refuge. This is a serious constraint in the protection of victims of racism. The theme chosen by UNHCR for this special anniversary year is “respect”, a theme I would invite this Commission to support strongly.
Racial and ethnic conflicts have also exacerbated the internal movement of people. Many of the almost 25 million internally displaced around the world face ethnic and racial hatred and violence. We should pay more attention to the protection of the internally displaced from racism. It is fitting that a UN inter-agency approach is being developed and that an inter-agency panel on internal displacement will take place during this Commission.
The movement of information:
In addition to the movement of people in today’s world, consider also the rapid movement of information. Rapid changes and new developments in technology have improved our ability to communicate and spread the human rights message around the world. The fact that some racist groups have misused the Internet to spread repugnant hate speech needs to be addressed urgently. In considering this issue, however, we must keep in mind that the right of freedom of expression is a precious fundamental right – any attempt to restrict it must be approached with absolute care and considered within the strict parameters of human rights norms.
The movement of capital:
I also think of the movement of capital. Our world is witnessing dramatic changes in the global economy. I believe that international and local business communities can play a key role in eradicating racism. They need to fully assume their responsibility in this momentous struggle. I have met with business and trade union leaders during the World Economic Forum in Davos and elsewhere, and discussed with them how the private sector could best contribute to making tangible progress on the issues to be addressed in Durban, particularly with regard to diversity in the workplace.
Third: The gender dimension
The specific impact of racism on women and children deserves our special attention and I have highlighted this in my report.
I applaud CERD for devoting General Recommendation XXV to the gender-related dimension of racial discrimination. In designing their national policies, I call upon States to pay special attention to the specific needs of certain women, such as women victims of conflict, indigenous women, refugee women, migrant women, and trafficked women.
Women are particularly vulnerable during ethnic and racial conflicts.
I am heartened by the recent judgements of the International Tribunals for Rwanda and for the Former Yugoslavia, which brought home how women are often deliberately targeted for violence – not just because they are women, but also because of their ethnic origin. These recent convictions of rape and enslavement as crimes against humanity serve as a reminder that the international community will stand firm to assert that there will be no impunity for such crimes.
Fourth: Youth and racism
Too many children in the world are deprived of basic education, health care, food, or adequate housing simply because they do not belong to the “right” race, ethnicity, nationality, or colour.
I applaud the Committee on Economic, Social and Cultural Rights as well as the Committee on the Rights of the Child for their general comments on various aspects of the right to education as part of their contribution to the World Conference. These contributions identify key measures that States could usefully adopt in enhancing education as a tool to combat racism. My Office will be organizing a panel on racism and the role of education during this session in collaboration with UNICEF.
The struggle against racism is a struggle for all nations, large and small. No region, no country, no community can fairly claim to be free from intolerance.
My message is simple: in the months leading up to the Durban Conference, each State needs to look afresh at itself. Each State needs to reflect on the past, present and the future. Each State would benefit from a review of its laws and policies with the view to repealing those that disproportionately affect disadvantaged racial groups and ensuring that remedies and complaint mechanisms are available. Each State needs to go beyond trying to ensure equality of individual opportunity by merely making discrimination illegal. It needs to think of special measures as to how it can reverse historical injustices that have consigned certain groups to positions of disadvantage. Equally important, each State should establish relevant institutions and develop education and training programmes to foster tolerance and appreciation of diversity as part of efforts to eliminate racism. The Commission can guide this process by identifying what States need to do at home to prepare themselves for the World Conference in Durban.
The best contribution that you can make to the World Conference is to take concrete action now to eliminate the suffering of victims of racism. We can then go to Durban and celebrate your achievements.
Thank you.