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人权理事会举行关于种族主义、种族歧视、仇外心理和相关形式不容忍现象的一般性辩论(部分翻译)

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2015年6月30日

人权理事会
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2015年6月30日

结束与当代形式种族主义和种族歧视问题特别报告员的对话

人权理事会今天上午在结束与当代形式种族主义、种族歧视、仇外心理和相关形式不容忍现象特别报告员穆图马·鲁泰雷的互动对话后举行了一场关于种族主义、种族歧视、仇外心理和相关形式不容忍现象问题以及跟进和落实德班宣言和行动纲领问题的一般性辩论。

在一般性辩论期间,发言者对所有种族主义和种族歧视行为表示坚决谴责,并指出这种行为举目皆是。发言者提到了一些国家引人关切的情况,并介绍了其国内一些有效落实《德班宣言和行动纲领》和促进文化和民族多样性的举措。

在一般性辩论中发言的有立陶宛代表欧盟,巴基斯坦代表伊斯兰合作组织,突尼斯代表阿拉伯集团,美国,古巴,俄罗斯联邦,卡塔尔,纳米比亚,欧洲理事会,埃及,土耳其,伊拉克,以色列,比利时,伊朗,匈牙利和巴林。

促进民主社会律师协会(MINBYUN),国际青年和学生拥护联合国运动,消除一切形式种族歧视国际组织,国际人道和伦理联合会,人权与和平倡议中心,世界穆斯林大会,解放组织,世界巴鲁阿组织,姆伯洛洛社会与文化发展协会,南风政策研究中心,萨拉姆基金会与促进巴林民主和人权的美国人联盟发表联合声明,非洲卫生和人权促进者委员会,联合国观察,捍卫暴力受害者组织,国际发展机构,马利基和平与发展基金会,世界犹太人大会,国际穆斯林妇女联盟,促进巴林民主和人权的美国人联盟, 非洲捍卫人权会议,塞尔瓦斯国际,圣母友谊会,国际人权欲发展网络,受威胁民族协会和阿拉伯人权委员会也在讨论中发言。

人权理事会在会议开始时结束了与当代形式的种族主义、种族歧视、仇外心理和相关形式的不容忍现象特别报告员穆图马·鲁泰雷的互动对话。与鲁泰雷先生的互动对话开始于6月29日,点击此处阅读概要。

鲁泰雷先生在总结发言中表示,种族和民族定性的核心便是不安全的背景,这通常是由恐怖主义和移民威胁滋生的公众恐惧所导致。他强调了媒体和民间社会在打击不容忍现象方面的根本作用,并强调了收集分类数据和统计数据以及培训执法人员的重要性。

布基纳法索,希腊,古巴,摩洛哥,孟加拉国,刚果共和国,美国,智利,博茨瓦纳,俄罗斯联邦,玻利维亚,阿尔及利亚,伊朗和法国在讨论中发言。

国际民主律师协会,少数群体权利集团,反对一切形式歧视和种族主义国际运动,南风政策协会,受威胁民族协会和久比利运动也在讨论中发言。

理事会今天将举行全日会议。它将于中午举行有关恐怖主义对所有人享有人权和基本自由问题的小组讨论。它将于下午三点与中非共和国问题和科特迪瓦问题独立专家举行单独互动对话。

Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Burkina Faso said that in order to combat racism, racial discrimination and xenophobia, Burkina Faso had adopted a national strategy for the promotion of a culture of tolerance and peace, and a national action plan to fight racism, xenophobia and intolerance. It was necessary to implement education and sensibilization for all social stakeholders in order to combat racial, ethnic and religious discrimination. Greece said that despite differences in approach, the fight against racism should unite the world as that phenomenon, including practices of racial and ethnic profiling, was present in all societies. Greece reiterated its willingness to continue achieving its international commitment towards the fight against racism as a matter of priority. Cuba reaffirmed its commitment to the Durban Declaration and Programme of Action, and viewed with concern some countries that discriminated on the basis of race, colour and ethnic origin. There was a dangerous rise of groups and political parties with extremist ideologies in Europe and the United States. There was a need to fight against the structural causes of such ideologies. Morocco said that it was a sad fact that ethnic and racial profiling was a chronic problem in law enforcement, and voiced hope that legal provisions would be adopted in order to fight that practice. It was important for law enforcement forces to keep regular contact with minorities in order to foster good relations with them. Extremist groups and political parties that espoused extremist ideologies should be countered.

Bangladesh shared concern about the spread of racism and xenophobia via new technologies with impunity and warned that the right to freedom of expression and opinion carried with it special duties and responsibilities. Crimes motivated by racist hatred were attacks on human dignity and they were facilitated by laws that allowed law enforcement agencies to undertake racial and ethnic profiling. Migrants and Muslims were particularly vulnerable to this practice. Republic of Congo said that the contemporary resurgence of racial hatred, particularly in long-standing democratic communities, called for the implementation of the Durban Declaration and Programme of Action and the Rabat Plan of Action. The Human Rights Council should elaborate new standards and regulations to complement the provisions of the Convention on the Elimination of Racial Discrimination. Estonia said that the successful combatting of racism, racial discrimination, xenophobia and related forms of intolerance was strong and effective in countries where Governments fully respected freedom of opinion, expression, association and assembly. While adopting measures to counter extremist ideas and biases, States should strengthen freedom of expression, which played a crucial role in promoting democracy and combatting racist ideologies based on racial superiority. United States said that racial and ethnic profiling was an important issue in the county and the United States acknowledged the continuing challenges it faced in the area of discrimination in policing. It had updated in December 2014 the policy on profiling which directed that law enforcement officers might not consider race, ethnicity, national origin, gender, religion or sexual orientation to any degree when making routine or spontaneous law enforcement decisions.

Chile expressed concern that the practice of racial and ethnic profiling was still used in border control and for security purposes. The persons affected by those acts generally did not report them because of their illegal migration status, language barriers or ethnic origin. The lack of judicial action increased the sense of impunity among victims, which was why States had to implement the Durban Declaration and Programme of Action. Botswana warned that continued acts of violence and harassment by extremist groups and political parties were on the rise, especially against persons of African descent. The advent of new technologies also contributed to cyber racism and hate propaganda disseminated in social media by extremist political parties, movements and groups. States should thus foster the values of equality, non-discrimination, diversity and democracy. Russian Federation said that racial and ethnic profiling was a serious impediment for the enjoyment of human rights by ethnic and racial minorities worldwide. Russia regretted that the report did not properly take into account the rise of Nazi glorification and the spread of neo-Nazi movements and groups across Europe. It asked the Special Rapporteur to comment on the recently adopted laws in Ukraine that rehabilitated those who fought on the side of Nazi forces during the Second World War. Bolivia said that the fight against the use of racial and ethnic profiling in law enforcement was challenging and complex. The Bolivian Constitution sanctioned all forms of discrimination based on gender, colour, age, sexual orientation, origin, culture, nationality, religion, ideology or political affiliation. It called on all those States who had not ratified the Convention on the Elimination of All Forms of Discrimination to do so.

Algeria said that racial and ethnic profiling was a human rights violation of the groups it targeted; the fight against it must be a part of a larger framework for the fight against racism, racial discrimination, xenophobia and related forms of intolerance. Special attention must be given to vulnerable groups such as migrants and migrant workers, asylum seekers and people of African descent. Iran reiterated that racial and ethnic profiling was prohibited under international human rights law. Iran agreed on the necessity of national regulation reforms, and said that more basic measures for surpassing the problem of racial profiling and hate crimes should be taken on the cognitive levels. France said it had made the fight against racism and anti-Semitism its national campaign in 2015 and had renewed its National Action Plan 2015-2017. France had adopted a Code of Conduct for police officers prohibiting racial profiling and had set up a monitoring body for ethnic consideration.

International Association of Democratic Lawyers said that the revival of racism and racial discrimination should provoke scorn, but unfortunately this was not the case and neo-Nazi groups were supported by politicians. The situation in Ukraine was particularly alarming, where neo-Nazi groups attacked the Communist party and desecrated graveyards. Minority Rights Group said racial profiling targeted primarily persons of visible minorities, as well as persons perceived to profess a certain religion, especially those believed to be Muslims. Ethnic profiling was often linked to religious profiling, and efforts had to be made to address these two practices together. International Movement Against All Forms of Discrimination and Racism expressed concern over the rise of racist groups in both political and social spheres across the world, and called upon all States to adopt further concrete measures to combat hate speech in accordance with the International Convention on the Elimination of Racial Discrimination and General Recommendation 35 of the Committee on the Elimination of Racial Discrimination. Sudwind said Afghani inhabitants of Iran suffered an immense amount of systematic discrimination, and were being targeted by more random police stops than others. There were over 5,800 Afghan prisoners in Iran, of which 1,200 were sentenced to death.

Society for Threatened Peoples was deeply concerned about the situation of the Rohingya Muslims in Myanmar’s Rakhine State, and called on the Council to urge Myanmar to address this issue. It described how Rohingya Muslims had been victims of systematic, persistent and widespread human rights violations, including denial of citizenship rights, land confiscation, restriction on education, marriage and religion, sexual abuse, arbitrary arrests, torture and killings. Jubilee Campaign, in a joint statement with Christian Solidarity Worldwide, shared concern that racial and ethnic profiling posed serious challenges to the realization of the rights of religious communities, particularly in light of contemporary counter-terrorism measures. In Myanmar religion, race and ethnicity were used to foster severe discrimination against the Rohingyas, whereas in Sudan it contributed to decades of repression of Muslim African tribes in Darfur and the Nuba Mountains.

Concluding Remarks:

MUTUMA RUTEERE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that at the core of racial and ethnic profiling was the context of insecurity, precipitated by public fears fuelled often by the threats of terrorism and immigration. The data on racial and ethnic profiling was not very good and there was no information on the impact of profiling on groups and individuals. The role of the media was critical in combatting racism and racial discrimination, they could frame issues, paint certain groups in particular ways, and in some instances fuel fear. There was a need to look at the responsibility of the media in regard to digital technologies and their Internet platforms. Mr. Ruteere emphasized the role and centrality of civil society in actions against racism and racial discrimination, and said that his report on profiling focused on the need for training, not only of the law enforcement officials, but for all civil servants. It was not only in the field of law enforcement that individuals were victims of racial and ethnic profiling, but this happened in many areas of public interaction. Statistics remained a constant challenge, and the Special Rapporteur said that his next report to the General Assembly would focus on data and statistics, which was also a challenge for States because the data collected on race and ethnicity could also be used for different purposes; but the non-collection of such data also impacted the individuals and the exercise of their rights. The value of data also spoke about structural side of racism and racial discrimination, and the only way to erase such exclusion was to use the data to address the socio-economic realities of persons suffering that exclusion and discrimination.

General Debate on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance

Latvia, speaking on behalf of the European Union, highlighted the need to step up efforts to ensure the elimination of racism, racial discrimination and xenophobia. The European Union had a strong legal and policy framework in place to that end, and it was fully committed to the primary objectives of the 2001 Durban World Conference on combatting racism, racial discrimination and xenophobia. It would soon enter into negotiations on the mandate and modalities of another mechanism, the Forum for People of African Descent.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, voiced deep concern over the rise of discrimination against migrants and ethnic minorities. There was also an alarming increase in incidents of Islamophobia. All such acts impeded the attainment of a culture of cooperation and peaceful co-existence. The Organization of Islamic Cooperation’s resolution on “combatting intolerance, negative stereotyping and stigmatization and discrimination, incitement to violence against persons based on religion or belief” was an important step to combat violence on the basis of religion.

Tunisia, speaking on behalf of the Arab Group, noted that numerous racist practices were still witnessed worldwide, impeding international security and peace. States that claimed to uphold civilization and human rights advocacy were the very States where racism and discrimination took place. Arab persons were victims of such practices. The elimination of racial and ethnic discrimination was only way to ensure the full enjoyment of human rights for all, and the Council had to make necessary efforts to eliminate racism worldwide.

United States said the recent shooting that took place in the country showed the importance of continuing efforts to combat racism. Also, recent excessive use of force by the police against racial minorities showed that challenges remained to be overcome. The Government would promote initiatives to restore harmony and dialogue among communities, and to rebuild a culture of trust, justice and security for every individual, no matter who they were.

Cuba said all States, including those that had dissociated from the Durban Declaration and Programme of Action, had to commit to combat racism and racial discrimination, and to address violence and hate speech against racial minorities and migrants. There should be no impunity for the cold-blooding killings by police officers against persons because of their race or origin. Actions had been taken by Cuba, through the press, to promote cultural and ethnic diversity, and to teach anti-slavery.

Russian Federation said discrimination on racial grounds occurred everywhere, as illustrated by the recent killings in the United States. Russian Federation also underlined systematic discrimination against the Roma population, as well as attempts to deport persons. The Russian Federation was also concerned about the resurgence of neo-Nazism, as was for example the case in Ukraine. Combatting racism was an important area of action and the necessary funds had to be allocating to this cause.

Qatar expressed concern about the resurgence of Islamophobia in a number of countries and said that what was particularly distressing was that those events were taking place in democratic countries, yet, no action was being taken to address the incidents. Freedom of expression should not be used to undermine other rights contained in the Universal Declaration of Human Rights. Qatar was committed to working with the United Nations system to combat racism and racial discrimination.

Namibia said that historically, racism and discrimination had been used to encourage fear or hatred of others in times of conflict and war, and even during economic downturn. Since the adoption of the Universal Declaration of Human Rights in 1948 and the Durban Declaration and Programme of Action in 2001, the international community had progressed in the fight against racism, racial discrimination, xenophobia and related forms of intolerance, but a lot more remained to be done.

Council of Europe said it had a wide range of instruments to help governments, citizens, and organizations to jointly prevent and combat racism and discrimination and to create an institutional framework based on democratic values. The main instrument was the European Commission against Racism and Intolerance, which reported increasing racial discrimination in most European States. The Council of Europe encouraged the development of more effective policies to tackle racism, while the European Court of Human Rights had identified forms of expression which were to be considered offensive and contrary to the European Convention on Human Rights.

Egypt said that it was alarming that despite efforts to eradicate racism worldwide there was a growing trend of various forms of racism, racial discrimination and xenophobia in many countries. In the Czech Republic the Roma community suffered from different forms of discrimination, and in Germany there was a rise of ultra-right wing and xenophobic ideologies. The rise of intolerance was also noted in Switzerland, United States and United Kingdom, whereas the European Union failed to hold Member States accountable for human rights abuses.

Turkey noted that members of religious and ethnic groups were increasingly subjected to hostile acts, and there was a tendency to stigmatize people on the basis of race, colour, descent and national or ethnic origin, and to use racist propaganda in politics. The tendency to label immigrants as scapegoats for all the ills of society was a dangerous phenomenon. It was thus all the more important to prevent further initiatives aiming at dividing societies along the lines of race, ethnicity and belief.

Iraq said it was one of the first States to ratify the Convention on the Elimination of All Forms of Racial Discrimination, and was making efforts to implement it on the ground. The ISIL terrorist acts had led to the displacement of thousands of people, and religious minorities had been subjected to killings. Iraq called on the international community to help it deal with the terrorism that was threatening the Iraqi society.

Israel firmly supported worldwide efforts to combat and condemn racism, xenophobia and discrimination, and expressed concerns about the rise of neo-Nazism in Europe. Israel firmly condemned denial of the Holocaust, and recalled that the Jewish community had suffered a lot from racism. It implored all countries to reject all acts of racism, including anti-Semitism, and to take all measures to combat such acts, including hate speech.

Belgium said legal and security measures to combat foreign terrorist combatants in Belgium had to be accompanied with full respect for human rights and social inclusion policies. Belgium had recently organized a Council of Europe conference on promoting tolerance and combatting violent extremism. Belgium underlined the importance of the press and media to combat racial stigmatization and to promote cultural dialogue and diversity.

Iran was alarmed at the rise of extreme right political parties in Western countries, and their targeting of vulnerable groups, including Muslims and migrants, and the blaming of social crises on these groups. Individuals from the Muslim community had been singled out and stigmatized. Iran recalled that Muslims were the first victims of terrorism today, and condemned any attempts to depict Muslims as terrorists. Iran was also deeply concerned about hate crimes against persons of African descent.
Hungary said that hate speech toward Roma, Jews and Muslims was a daily reality in many countries, while individuals with migrant background were regularly subjected to stops and searches, interrogations and arrests. Those practices were undoubtedly discriminatory, prohibited by international laws and against human dignity.

Bahrain was extremely concerned about the rise of Islamophobia in the United States and urged the Government to adopt the necessary measures to abolish this phenomenon. In Europe, Bahrain was especially concerned at the fact that terrorist attacks committed by extremist groups that hid under the cloak of Islam were being taken as a foundation for an overtly generalized stereotype encompassing all Muslims.

MINBYUN – Lawyers for Democratic Society welcomed the recent legislative reforms in the Republic of Korea concerning racial discrimination and immigration and urged the Government to put in place measures to address hate speech and the difficult situation of migrant workers in agriculture and livestock industries.

International Youth and Student Movement for the United Nations said that the urgency of combatting racism at the United Nations always required positive advocacy from non-governmental organizations and cooperation from committed States. It voiced concern over the delay in implementing the Durban Programme of Action by the Office of the High Commissioner for Human Rights, despite a substantial budget of more than a million dollars.

International Organization for the Elimination of All Forms of Racial Discrimination noted that women were often victims of dual discrimination due to gender and race, and evidence showed that they suffered from it more than men. Race and gender were intrinsically linked and had to be addressed together as they constituted a double burden for the women concerned.

International Humanist and Ethical Union stated that a crisis of institutionalized racism was being exposed in the United States. Statistics showed that on average black youths were shot dead by white police officers almost twice a week. Furthermore, when lethal police shootings showed the deceased to have been unarmed and the death unwarranted, few of the perpetrators were found guilty.

Centre for Human Rights and Peace Advocacy was deeply concerned about violations of the Durban Declaration in India, which was deeply plagued by the shameful caste system. Dalits were still not allowed in many temples by extremist upper caste Hindus, they were sometimes not allowed to use main roads or water sources in villages, and suffered humiliation. The Council should appoint a Special Rapporteur to help Dalits and other minorities in India.

World Muslim Congress said heavy militarization, and the occupation of premises of educational institutions by army and paramilitary forces, had created an unsafe educational environment in Indian-occupied Kashmir. Parents were forced to send their children for higher education to India, and students from Kashmir faced diverse challenges there, including harassment, detention and other discrimination.

Liberation noted with deep concern racism in different parts of India, where intolerance was based on race, caste, creed and religion. Unchecked activities of Hindu fundamentalists against Christians, Muslims, Buddhists and Dalits continued unabated. Cases of rape, torture and killing with impunity were indicators of intolerance on the rise in India.

World Barua Organization said that in India, Dalits were condemned to the profession of “manual scavengers”, as they occupied the lowest rung in the caste hierarchy and were condemned to tasks that were regarded as below the dignity of upper castes. India should ensure the implementation of the laws and provisions of the right to life and development to its own minority citizens.

Mbororo Social and Cultural Development Association stressed the important role of the Durban Declaration and Programme of Action in the fight against racism and racial discrimination and called upon the Government of India to stop racial discrimination against its own north-eastern citizens and other minority groups.

Verein Sudwind Entwicklungspolitik said that the war crimes and crimes against humanity currently practiced by ISIL within the Middle East were the primary cause of destruction there. Saudi Arabia and Iran were two powerful countries in the region which could have a significant role in peace building, and there was not need to show hatred and enmity towards one another.

Alsalam Foundation, in a joint statement with Americans for Democracy and Human Rights in Bahrain, raised concern over the approaches of certain States countering terrorism at the expense of human rights. In Bahrain, anti-terrorist legislation provided the public prosecution with grounds to issue detention without justification. Too often that law was used to detain or sentence individuals on charges related to their freedom of expression.

Commission africaine des promoteurs de la santé et des droits de l’homme noted that the proclamation of the International Decade for Peoples of African Descent was an opportunity to strengthen the struggle against racism and for the rights of people of African descent. It called on Member States, the Office of the High Commissioner for Human Rights and civil society to recognize it as a “reparations decade.”

United Nations Watch spoke on behalf of the people who were tortured and detained by security forces of Venezuela. There were more than 25,000 persons murdered. Some detainees were sometimes tortured in prison. They were detained because they called for the change of the regime. The isolation and detention of political prisoners had to stop.

Organization for Defending Victims of Violence said Muslims were victims of discrimination in Europe. It referred to the rise of violence and stigmatization of Muslims in France, particularly in the aftermath of the Charlie Hebdo killings, and despite the fact that one of the victims of this attack was a Muslim police officer. Muslims were also being discriminated against in the United States.

Agence Internationale pour le Développement said racism and xenophobia were rampant in India because of the caste system. India systematically denied numerous people their basic rights, and ethnic and religious minorities, including Dalits, were victims of human rights violations, including economic and political discrimination. Students from Kashmir in India were systematically harassed and subjected to ethnic profiling. This was apartheid and a crime against humanity.

Maarij Foundation for Peace and Development condemned Norwegian authorities’ recent and brutal invasion of the headquarters of the non-governmental organization Global Network for Rights and Development, as well as insulting and baseless press campaigns against this organization.

World Jewish Congress commended the Council for advancing the issue of neo-Nazi and Nazi glorification as required by the General Assembly resolution 69/160. However, that was not enough to combat anti-Semitism as perpetrators were not only primarily neo-Nazis and were not always inspired by Nazi glorification. The Special Rapporteur should expand the scope of his work in regard to anti-Semitism.

International Muslim Women’s Union remained concerned about the discrimination against religious and ethnic minorities in India. Hindu fundamentalism and expressions of religious hatred infiltrated not only politics but also educational institutions. Some carried biased historical and cultural narratives that misrepresented the contribution of the religious minorities to the history of India.

Americans for Democracy and Human Rights in Bahrain drew the attention of the Council to the destruction of religious sites in Saudi Arabia, which were sacred to millions of Muslims worldwide. In 2011 the Saudi Government authorized a 21-million dollar plan to modify the Grand Mosque in Mecca. In October 2014 the Ministry of Islamic Affairs and Endowments reported that 95 properties and 126 mosques would be destroyed before the Grand Mosque renovations were complete.

Rencontre Africaine pour la Défense des Droits de l’Homme said national dispositions had to be taken to combat racial and ethnic profiling, which remained in place and in practice because of security considerations. States all had the obligation to prohibit racial profiling, and were encouraged to establish monitoring bodies to ensure equal treatment.

Servas International said tackling the root problems of intolerance was important, and underlined the role of education and of bringing people of different cultural backgrounds together. It also stressed the importance that recent terrorist attacks in France, Tunisia and Kuwait did not give rise to additional racism, xenophobia or intolerance.

Déclaration de la Fraternité Notre Dame expressed concerns about the persecution of Christians in the world, and about religious hatred in France in the name of secularism, including the ban on wearing religious symbols at school. Religious hatred would lead to a new persecution of Christians in Europe.

Global Network for Rights and Development said that racism and xenophobia posed a serious threat to the mechanisms of human rights protection around the world and democratic society. Since the 11 September 2001 attacks in the United States, some countries and certain media had created bad images for persons of certain origins. The Network stressed the necessity to take measures to combat intolerance and discrimination of persons of certain origins.

Society for Threatened Peoples voiced deep concern about the situation of the Rohingya Muslim minority in Myanmar. The Rohingya were discriminated against solely on the basis of religion and race. It called on the Myanmar Government to revise legislation on the protection of race and religion, take action against anti-Muslim organizations, take action against hate speech and propaganda, and to immediately end human rights violations of the Rohingya.

Arab Commission for Human Rights welcomed the report’s attention to the battling of neo-Nazi groups, and stressed the role of teachers in combatting racism and xenophobia. It deplored racial discrimination and Islamophobia. Racial discrimination against peoples under occupation was particularly important and the Arab Commission called on the Council to address the link between occupation and racial discrimination.

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For use of the information media; not an official record

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