下午
2014年3月23日
拟定补充标准特设委员会主席介绍报告
人权理事会今天下午开始了有关种族主义、种族歧视、仇外心理和相关刑事的不容忍现象的一般性辩论,以及对《德班宣言和行动纲领》的跟进和落实情况。在辩论开始之前,理事会听取了拟定补充标准特设委员会的报告。
拟定补充标准特设委员会主席兼报告员阿卜杜勒·萨玛德·明提(Abdul Samad Minty)介绍了有关委员会第六届会议的报告,届会期间进行了有关两项新议题的实质性讨论,分别是在打击与体育运动相关种族主义、种族歧视、仇外心理和相关形式的不容忍现象中的预防和提高意识工作,以及预防、打击和消除所有形式的种族主义、种族歧视、仇外心理和相关不容忍现象的及其表现的特别措施、战略和行动。
在一般性辩论中,发言者重申了其打击种族主义、种族歧视和仇外心理的承诺,并对新形式的种族和宗教不容忍问题的出现表示关切,包括在互联网上。发言者对特设委员会的任务表示支持,并呼吁全面履行《德班宣言和行动纲领》和《消除一切形式种族歧视公约》。发言者一致同意有必要采取新的国际标准来应对新形式的种族主义。
巴基斯坦代表伊斯兰合作组织,拉脱维亚代表欧盟,阿尔及利亚代表非盟,巴林代表阿拉伯集团,爱尔兰,美国,古巴,摩洛哥,巴基斯坦,阿尔及利亚,巴西,南非,委内瑞拉,俄罗斯联邦,沙特阿拉伯,博茨瓦纳,印度,中国,埃及,土耳其,突尼斯,波兰,希腊,欧洲理事会,伊朗和乌克兰。
国际青年和学生拥护联合国运动,世界犹太人大会,国际佛教徒救济组织,人权倡导者协会,伊朗妇女倡导可持续发展与环境学会,维护暴力受害者协会,妇女问题研究机构,解放组织和世界巴鲁阿组织也在讨论中发言。
立陶宛行使答辩权发言。
人权理事会将于3月24日星期二上午9点再次召开会议,届时将结束有关种族主义、种族歧视、仇外心理和相关形式的不容忍现象的一般性辩论。理事会随后将与中非共和国、科特迪瓦、海地和马里问题独立专家举行单独互动对话。
文件
理事会已收到拟定补充标准特设委员会关于第六届会议的报告(A/HRC/28/81)
Presentation by the Chairperson of the Ad Hoc Committee on the Elaboration of Complementary Standards
ABDUL SAMAD MINTY, Chairperson-Rapporteur of the Ad Hoc Committee on the Elaboration of Complementary Standards, presenting the report on the sixth session of the Ad Hoc Committee, which had taken place in October 2014, said that High Commissioner for Human Rights Zeid Ra’ad Al Hussein had delivered the opening statement in which he had stated that the task of the Committee was to indicate how the international community could ensure greater decency, dignity, equality, and fairness for the millions of victims of scourges of racism, racial discrimination, xenophobia and related forms of intolerance. During the session, substantive discussions on two new topics had taken place: on prevention and awareness-raising in the fight against racism, racial discrimination, xenophobia and related forms of intolerance as it related to sport; and on special measures, strategies and actions to prevent, combat and eradicate all forms and manifestations of racism, racial discrimination, xenophobia and related forms of intolerance. The Committee had agreed on the topics to take up at its seventh session, which would include issues related to the implementation of the Convention on the Elimination of Racial Discrimination, procedural gaps with regard to the Convention, and national, regional and sub-regional mechanisms. The Committee would also discuss the purpose of general recommendations by the Committee on the Elimination of Racial Discrimination and the process leading to their issuance in the context of the effective implementation of the Convention and possible shortcomings. The Ad Hoc Committee also agreed to some general conclusions on racism and sport and encouraged the Human Rights Council to invite the Office of the High Commissioner for Human Rights to continue to prioritize the issue of racism in sport, with an emphasis on football, in its work, and said that resources should be made available for these activities.
General Debate on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, emphasized that Islam was a religion of peace and tolerance which forbade the killing of innocent people for any reason. It condemned any act of terrorism in the name of Islam and stressed that no religious community should be equated with terrorism. It underlined that the freedom of expression did not grant a license for hate speech, intolerance or insult to anyone’s beliefs. A clear distinction between free speech versus hate speech should be made. Concerns about the growth of nationalist parties in the West targeting Muslim minorities were also stressed.
Latvia, speaking on behalf of the European Union, reiterated its commitment to the fight against racism, racial discrimination, xenophobia and related intolerance. Those phenomena ran counter to the founding principles of the European Union. All human beings were born free and equal in dignity and must be treated equally in law and in practice. The European Union and its Member States were committed to prevent and to fight discrimination on any grounds and had adopted an extensive arsenal of policies and legislative instruments to prevent and to fight against racism.
Algeria, speaking on behalf of the African Group, recalled the injustices and the negative legacies of slavery, the worst form of plundering of Africa’s resources through the trading of its peoples. The African Group welcomed the momentous strides taken by the United Nations General Assembly which had resulted in the launch of the third International Decade for People of African Descent. The African Group urged all countries to accelerate the implementation of all the activities envisaged in the Programme Budget for the Decade.
Bahrain, speaking on behalf of the Arab Group, stated that the phenomenon of racism had taken new forms, going beyond colour and religion. There were many forms of racism. Arab citizens were the prime victims of racism. The Arab Group condemned Islamophonia in developed countries and called for the eradication of all forms of racism which could be achieved by punishing the perpetrators. The defamation of religions had to stop.
Ireland reiterated its commitment to the fight against racism, racial discrimination, xenophobia, and related intolerance. All members of society had to be treated equally. Ireland was firmly committed to the principle of non-discrimination. It recognized the important work of the Committee on the Elimination of Racial Discrimination. 2015 marked the start of the International Decade of People of African Descent, and Ireland remained committed to contributing successfully to this important initiative.
United States stated that President Obama, community leaders, activists, and thousands of other marchers had gathered in Selma to commemorate the fiftieth anniversary of “Bloody Sunday.” President Obama had acknowledged that it was a mistake to suggest that racism in the United States had been banished. Justice and equal opportunity required sustained action and effort and the United States remained deeply committed to fighting racism and racial discrimination at home and abroad.
Cuba said that much remained to be done, including the full implementation of the Durban Declaration and Programme of Action. Racism, racial discrimination, xenophobia and related forms of intolerance were worsening and were compounded by the growing divide between rich and poor as a result of neo-liberal policies. Discrimination was evident in migratory laws and policies, and in the policies to counter terrorism, while political will by Western States was lacking to fight this scourge.
Morocco recalled the historical injustice and adverse legacy of slavery and the slave trade, and said that the road to dignity remained a long and arduous one. Racism, racial discrimination, xenophobia and related forms of intolerance continued to hold sway in their most insidious forms and it was now more essential than ever to turn to the spirit of the Durban Declaration. Xenophobic discourse was on the rise, pointing to the failure of the integration models of immigrants. Intolerance and hatred could be fought at the source, and teaching history was among the prime tools.
Pakistan said it had measures in place to ensure life in harmony and an inclusive society, including the quota for minorities in politics and jobs, the National Commission for Minorities, celebration of 11 August as Minorities’ Day, protection from forced conversion, de-radicalization programmes for youth, and others. Pakistan was in the process of finalizing the formulation of the National Action Plan for the Promotion and Protection of Minority Rights.
Algeria said that racial discrimination took different forms, including in political discourse, the labour market, sports and the media. Asylum seekers, work migrants and some populations of African descent had been picked out as targets of racism, requiring further attention of the Committee. The improvement of existing instruments in order to eliminate all the forms of racism was recommended. In particular, religious discrimination required more attention since it was closely linked to ethnic discrimination.
Brazil attached great importance to the full and effective implementation of the Durban Declaration and Programme of Action. The continued discussion of national and regional mechanisms on xenophobia as well as on procedural gaps was welcomed. Affirmative action measures had been at the core of Brazil’s policies to promote racial equality and positive results had been achieved. Positive actions for victims of racism and special measures not only had a corrective function but also an important preventive role.
South Africa was concerned about the continued denial of the increase in the scourge of racism worldwide. Some of the resurgent forms of racism had been taking violent forms and had been exacerbating intolerance and hatred. South Africa encouraged the General Assembly to call for concrete progress. The implementation of the recommendation providing for the punishment by law for propaganda inciting hatred should be implemented.
Venezuela emphasized the importance of the topics discussed during the sixth session, namely, the prevention and sensitization through human rights education and training; special measures to prevent, combat and eradicate all forms and manifestations of racism; the work of national mechanisms; and the identification of gaps in the process of the implementation of the Convention on the Elimination of All Forms of Racial Discrimination. Venezuela reiterated its steadfast commitment to fight against racism.
Russia said that standing up to racial intolerance must be a priority. Fighting these shameful phenomena was more important than ever, including in those countries that called themselves democratic. Racial minorities in the United States were increasingly targeted by the police authorities. Russia warned of the danger of the spread of neo-Nazism in a number of countries in the European Union, especially Latvia and Lithuania. Some of these were expressed by marches of SS veterans. Events in Ukraine evidenced the growth of neo-Nazism there as well.
Saudi Arabia noted the report with great interest, in particular the action plans adopted by some countries to address intolerant stigmatization thorough education. The teachings of Islam strongly rejected racism and such unacceptable practices. The international community had to address violence based on racial and religious intolerance. It was important to target defamation of religions, especially Islam. Dialogue between religions and cultures on the basis of moderation was necessary.
Botswana said it attached great importance to the full implementation of the Durban Declaration and Programme of Action, and supported therefore the mandate of the Ad Hoc Committee. There was a need to complement the provisions of the Convention on the Elimination of All Forms of Racial Discrimination to address new forms of racism, xenophobia and related intolerance, including racial and religious hatred.
India said racism went against the basic grain of ancient Indian philosophy, and flourished in economic deprivation. Laws addressing the issues of immigration, citizenship and refugee status had at times racist overtones and resulted in racial hatred. India underlined the possible negative impact of modern technologies in the hand of hate-mongers and purveyors of racial discrimination. India agreed on the need to explore possibilities for an international regulatory framework to combat xenophobia.
China said racism had not been fully eliminated, and was concerned about new forms of racism, particularly in Western countries. This constituted a serious challenge to human rights. China welcomed efforts by international mechanisms in this field. China was fully against the practice of double standards on this issue, and called for the full implementation of the Durban Declaration and Programme of Action.
Egypt reiterated the importance of the preservation of fundamental rights and freedoms. The international community continued to suffer from numerous forms of racism, especially from law enforcement agencies. Repeated acts of racism in various forms made it clear that Arabs were the biggest victims of such practices today, especially in developed countries. Freedom of expression was used to defame the religious freedom of millions of people. This was called Islamophonia.
Turkey said that the common struggle against racism, xenophobia, anti-Semitism and Islamophobia was more relevant than ever. Members of religious or ethnic groups were increasingly subjected to hostile acts. Economic downturns, unemployment and marginalization unfortunately contributed to the rise of extremist ideologies. Experience showed that these extremist ideologies sowed the seeds of further confrontation and extremism. Turkey had played a big role in the preparation of the guiding principles on combatting intolerance based on religion.
Tunisia said that the manifestation of racism and religious intolerance was on the rise. For Tunisia, the fight against racism was also a fight for human dignity and social justice, as well as for the fight for democracy. Tunisia was convinced of the necessity that was imposed on society by the universality and independence of human rights. There was a need to intensify efforts, both collective and individual, to eliminate racism, racial discrimination, and xenophobia, and to respect the obligations of the Durban Declaration and the Convention on the Elimination of All Forms of Racial Discrimination.
Poland reiterated its commitment to the fight against racism, racial discrimination, xenophobia and related intolerance. It informed about its continuous support for addressing incitement to hatred and discrimination on the Internet and social media networks, on the grounds of racial or ethnic origin, religion or belief, age, gender, disability, sexual orientation or gender identity. It encouraged all States to enact far-reaching policies and legislative instruments to eliminate racism and related intolerance forms, including hate speech in the media and on the Internet.
Greece considered that the fight against racism, racial discrimination, xenophobia and related intolerance should unite the world. For its part, Greece had recently adopted a new law amending previous ones with a view to strengthening the existing criminal anti-racism legislation and adjusting it with the relevant framework. Additionally, the first national Action Plan on Human Rights to fight against racism, racial discrimination and related intolerance issues had been launched.
Council of Europe, believing strongly in diversity and promoting non-discrimination, had set up a “No Hate Parliamentary Alliance” whereby parliamentarians had committed to campaign against intolerance and discrimination and had exchanged information on law and best practices on the field. Also, a campaign had been launched against hate speech on the Internet towards vulnerable minority groups, such as Roma, Muslims, Jews and lesbian, gay, bisexual, transgender and intersex people.
Iran praised the Convention on the Elimination of All Forms of Racial Discrimination as well as the outcome of the 2001 World Conference against Racism and Racial Discrimination, as the result of collective world efforts towards the elimination of racism, racial discrimination, xenophobia and related intolerances. Unfortunately the noble values of equality and fraternity were being threatened by racial, ethnic and xenophobic prejudices.
Ukraine expressed deep concern on manifestations of xenophobia, extremism, and ethnic intolerance which were increasingly taking place in the Russian Federation against Ukrainian citizens and ethnic Ukrainians. Anti-Ukrainian sentiments had been fuelled by some Russian media. The spread of such propaganda was a threat to the personal safety of citizens and led to tragic consequences such as the brutal murder of Ukrainian citizen Roman Muzychenko by a nationalist group of young people in Moscow on February 14, 2015.
International Youth and Student Movement for the United Nations hoped that the adoption by consensus of the International Decade for People of African Debate would restore confidence in the Durban Declaration and Programme of Action. There was concern about the delays of the implementation of activities of the Durban Declaration and Programme of Action, which had been a victim of lack of funding since its adoption. The Movement stressed the need for the provision of new activities to inform and globalize the support of the Durban Declaration and Programme of Action.
World Jewish Congress said 2014 had seen a rise of anti–Semitism in Europe, including new forms of anti–Semitism following the Gaza conflict. The organization referred to cases in France, the United Kingdom and Italy. Anti-Semitic attacks had been used to show opposition to Israel’s policies. Jews in Europe could not be held accountable for the policies of Israel or Palestine.
International Buddhist Relief Organization expressed concern about sexual violence and forced labour against Dalit women in India, which were used as weapons to exert racial power and were deeply connected to the caste hierarchy. The Council should take note of caste, religion and racial discrimination in India.
Advocates for Human Rights said religious minorities in India were viewed as outsiders in their own land, and expressed concerns about religious freedom in India, including impunity for instigators of communal violence, anti-conversion and anti-terrorism laws that facilitated the persecution of Muslims. In recent months, Christian churches had also been vandalized. The Human Rights Council should monitor the situation in India and request that the Indian Government take all necessary measures to ensure that the rights of religious minorities were protected.
Society of Iranian Women Advocating Sustainable Development of the Environment said that Islamophobia was a phenomenon with the intention of the illogical negative presentation of Islam and Muslims, which had roots in guided political approaches. A violent image of Islam had been presented through the media, with unreal and insulting images of the holies that had tried to influence world public opinion.
Organization for Defending Victims of Violence said that the recent terror attacks in France could not be justified for any reason whatsoever. It expressed sympathy to the families of the victims and regretted the publication of the cartoon of the Prophet of Islam. Freedom of expression had never been absolute, not even in the most democratic and liberal countries.
Institute for Women’s Studies and Research said that the world had witnessed unjustifiable, unprecedented, atrocity crimes committed by extremist groups. Within the developed world, double standards had been expressed for “freedom of expression”. Those double standards had exacerbated the tension with the Muslim community in France and the Islamic world and could trigger religious extremism.
Liberation noted with grave concern that despite the efforts of the international community, the principal objectives of the three Decades to Combat Racism and Racial Discrimination had not been attained. Discrimination against people hailing from the north east region of India who faced discrimination at public places in Delhi and other provinces continued.
World Barua Organization stated that it supported the fundamental right of human beings not to be discriminated against on the basis of colour, caste, creed, gender, ethnicity or abilities. Religious faith, ethnic background, low social caste and female gender were immediate qualifications for any Indian citizen to be an eligible victim of intolerance, torture and discrimination.
Right of Reply
Lithuania, speaking in a right of reply regarding the statement made by Russia, stated that racism was strongly prohibited by Lithuania. Lithuania said States should only give well-informed comments with relevant data.
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