人权理事会举行关于种族主义、种族歧视、仇外心理和相关的不容忍现象问题的一般性辩论（部分翻译）

人权理事会
晚上

2016年3月21日

在听取有效执行《德班宣言和行动纲领》政府间工作组和拟订补充标准特设委员会的报告介绍后，人权理事会今天晚上举行了关于种族主义、种族歧视、仇外心理和相关的不容忍现象问题的一般性辩论。

人权事务高级专员办事处反种族歧视科科长尤里·博耶琴科（Yury Boychenko）代表有效落实《德班宣言和行动纲领》政府间工作组主席穆罕默德·西亚德·杜埃勒（Mohamed Siad Douale）宣读了已经准备好的一份声明。 他向人权理事会提交了政府间工作组第十三届会议的报告，该报告反映了部分小组成员的发言以及工作组通过的建议。

前南非常驻联合国日内瓦办事处代表兼拟订补充标准特设委员会主席－报告员阿卜杜勒·萨马德·明蒂（Abdul Samad Minty）呈报了特设委员会第七届会议的报告。总体情况是问题兜兜转转一再被提出，自从设立特设委员会以来，政府的立场多次被重申。明蒂先生强烈建议所有特设委员会成员共同牢记大局。

在随后的讨论中，代表团重申歧视、仇外心理和不容忍是消极力量，代表团还指出了奴役制和奴隶贸易的历史不公正性，其长期影响仍然存在。一些代表团将种族主义的讨论与当前的事件联系在了一起，提到了媒体对穆斯林的陈规定型以及促进西方政客鼓动仇恨言论等问题。部分代表团提到了移徙者的状况。

在会议中发言的有荷兰（代表欧盟），南非（代表非洲集团），巴基斯坦（代表伊斯兰合作组织），多明尼加共和国（代表拉丁美洲和加勒比国家集团），科威特（代表阿拉伯集团），加纳，委内瑞拉，俄罗斯，古巴，印度，中国，阿尔巴尼亚，格鲁吉亚，埃及，巴西，土耳其，伊朗，巴基斯坦和阿塞拜疆。

以下民间社会组织也进行了发言：锡克族人权小组（Sikh Human Rights Group），

阿拉伯人权委员会（Arab Commission for Human Rights），国际青年和学生拥护联合国运动（International Youth and Student Movement for the United Nations），国际人道与伦理联合会（International Humanist and Ethical Union），国际发展机构联合会（Agence Internationale pour le Developpement），受害者保护慈善机构（The Charitable Institute for Protecting Social Victims），国际消除一切形式种族歧视组织（International Organization for the Elimination of All Forms of Racial Discrimination），调查中心（Centre for Inquiry），康复支持协会（The Society for Recovery Support），人权与和平倡导中心（Centre for Human Rights Peace and Advocacy），全球巴鲁阿组织（World Barua Organization），世界穆斯林大会（World Muslim Congress），维护暴力受害者组织（Organization for Defending Victims of Violence），国际伊斯兰学生组织联合会（International Islamic Federation of Student Organizations），促进巴林民主和人权的美国人联盟（Americans for Democracy and Human Rights in Bahrain），萨拉玛基金会（Alsalam Foundation），伊拉克发展组织（Iraqi Development Association），解放组织（Liberation），联合国观察（United Nations Watch），非洲维护人权会议（Rencontre Africaine pour la défense des droits de l’homme），欧洲犹太学生联合会（European Union of Jewish Students），柏拉哈尔（Prahar），喀麦隆青年和学生和平论坛 （Cameroon Youths and Students Forum for Peace），印第安人教育理事会（Indian Council of Education），国际不结盟运动研究所（International Institute for Non-aligned Studies），国际促进非洲民主协会（International Association for Democracy in Africa），国际罐头业常设委员会（Canners International Permanent Committee），学联国际（United Schools International），环境与管理研究中心（Centre for Environmental and Management Studies），欧洲公共关系联合会（European Union of Public Relations），世界环境与资源理事会（World Environment and Resources Council），和平组织问题研究委员会（Commission to Study the Organization of Peace），泛非科学和技术联盟（Pan African Union for Science and Technology），图罗法律中心（Touro Law Center）提耶国际（Tiye International）以及非洲区域农业信贷协会（African Regional Agriculture Credit Association）。

结束关于项目9的一般性辩论后，人权理事会分别开展关于布隆迪和中非共和国的互动对话。

文件

理事会面前有有效执行《德班宣言和行动纲领》政府间工作组的报告（A/HRC/31/75）。

理事会面前有拟订补充标准特设委员会的报告（A/HRC/31/74）。

Presentation of Reports

YURI BOYCHENKO, Chief of the Anti-Racial Discrimination Section of the Office of the High Commissioner for Human Rights, read a prepared statement on behalf of Ambassador Mohamed Siad Douale, Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action. He submitted to the Human Rights Council the report of the thirteenth session of the Intergovernmental Working Group and provided a brief outline of the problem of racism before reviewing the mandate of the Intergovernmental Working Group and discussing its methods of work. Mr. Boychenko said that the Group had devoted its thirteenth session to, inter alia, a thematic discussion on racism and poverty, and the report reflected the presentations by several panellists, as well as conclusions and recommendations adopted by the working group. He appealed to Member States to constructively participate in the Group’s discussions and to display a positive spirit that built on dialogue and compromise.

ABDUL SAMAD MINTY, Former Permanent Representative of South Africa to the United Nations Office at Geneva and Chairperson-Rapporteur of the Ad Hoc Committee on the elaboration of complementary international standards, presented the report of the seventh session of the Ad Hoc Committee, which had taken place from 13 until 24 July 2015. The Ad Hoc Committee had held substantive discussions with the Committee on the Elimination of Racial Discrimination on the assessment of the use of the complaint mechanism under Article 14, and on the purpose of general recommendations by the Committee on the Elimination of Racial Discrimination. The Ad Hoc Committee had agreed on the following: to recirculate the questionnaire pursuant to paragraph 4 of the Human Rights Council resolution 21/30 to all those States which had not yet responded; to continue its discussion on the issue of racism and sport; and to recommend that the Committee on the Elimination of Racial Discrimination update its 2007 report on complementary international standards. As for the list of topics, the Ad Hoc Committee recommended that the Committee on the Elimination of Racial Discrimination further elaborate its views on key elements regarding procedural gaps and best ways to address them. With respect to racism and sport, the Ad Hoc Committee would discuss effective and adequate remedies and the right to seek from competent national tribunals and other national institutions just and adequate reparation and satisfaction for victims.

Mr. Minty stated that the Ad Hoc Committee had discussed procedural and substantive gaps which needed to be addressed. All of the presentations of experts over the years had confirmed that national mechanisms, overall, were not working effectively. The adoption of the first decision concerning the Ad Hoc Committee had brought hope to victims of human rights violations, who wanted nothing more than the protection of their dignity as human beings. Mr. Minty viewed circling of issues and absence of any real movement as an abdication of the collective responsibility and a failure of all to work together and make a contribution. The members of the Ad Hoc Committee were strongly urged to work together and keep in mind the big picture. It might be useful for the Ad Hoc Committee to explore possibilities for an international regulatory framework for xenophobia. There was much work to be done in the fulfilling the mandate to elaborate complementary standards. The Council also needed to reflect on resolutions and decisions which rendered almost not implementable due to a search for consensus.

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

Netherlands, speaking on behalf of the European Union, said that all peoples had the right to be treated equally. Too many people continued to suffer from racism, discrimination, xenophobia and exclusion, despite the fact that all human beings were supposed to be born free and equal in dignity and in rights. The Netherlands underlined the importance of human rights education and training.

South Africa, speaking on behalf of the African Group, stated that the African Group had taken leadership of the global agenda for the elimination of all the scourges of racism, and welcomed the opportunity for committee engagement on that agenda item. The historical injustices and the negative legacies of slavery, slave trade, transatlantic slave trade and colonialism had severely impacted the continent, the human dignity and equality of its peoples.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the Organization was concerned by the rise of anti-immigrant political parties with Islamophobic tendencies in many countries of Europe. The increasing trend of the mainstreaming of discrimination, media stereotyping of Muslims and promotion of hate speech by some Western politicians was leading to incitement to violence and hatred against minority immigrant communities.

Dominican Republic, speaking on behalf of the Community of Latin American and Caribbean States, expressed support for the International Decade for People of African Descent, and referred to regional initiatives in relation to it. It also expressed support for negotiations on a possible United Nations declaration on that issue, as well as for the creation of a forum for persons of African descent, which would function as an advisory body.

Kuwait, speaking on behalf of the Arab Group, was concerned at flagrant expressions of racism, xenophobia and discrimination in developed countries. Those practices were sometimes institutionalized, and political parties with discriminatory programmes targeting Arabs, Muslims and persons of African descent were on the rise. Kuwait underlined the importance of adopting appropriate legislations to combat racism of all types.

Ghana commended the Council, Governments, non-governmental organizations and national human rights institutions for their vigorous and sincere efforts to combat the tragic consequences of explosion, marginalization and discrimination based on race, colour, language or religion. Only through cooperation, partnership, dialogue and inclusion could desirable changes be achieved.

Venezuela attached great importance to the implementation of the Durban Declaration and Programme of Action. It was clear that there was a link between racism and poverty, and Venezuela regretted the increase of racism and xenophobia against migrants, refugees and asylum seekers. New standards and instruments were needed to fight racial discrimination.

Russian Federation observed a number of countries where xenophobia and aggressive nationalism were on the rise. The recent serious incidents of racism and xenophobia in the United States, and denial of citizenship rights in the European Union on the basis of ethnic origin, were worrisome. In Ukraine, radical nationalist groups enjoyed full impunity for their crimes.

Cuba stated that it was more than ever necessary for States to associate themselves with the Durban Declaration and Programme of Action, as well as to comply with the mandate of the Ad Hoc Committee. Cuba shared the concern over the increase in racism, hate and racial discrimination in developed countries, noting that the migration crisis had exacerbated those ultranationalist and xenophobic sentiments.

India said that it was unfortunate that even in the twenty-first century attitudes, habits and thought process of the bygone era continued to foment racial hatred and segregation. The recrudescence of racism and xenophobia in different parts of the world was a disturbing phenomenon, and there was an increase in the number of racist incidents in several countries in the recent past. Such acts continued to have a negative impact on the full enjoyment of human rights.

China stated that, despite the progress made by the international community on implementation of the Durban Declaration and Programme of Action, racism and discrimination remained serious in some countries. Police actions resulting in deaths of people of African descent were often in the media. China participated actively in international efforts to implement the outcome document of the Durban Review Conference, and to promote harmonious coexistence among all peoples.

Albania said that the general debate should constitute another opportunity to highlight the crucial issue of racism, racial discrimination, xenophobia and related intolerance, and the need to step up the global efforts to ensure their elimination. The world was witnessing an unprecedented rise in religious intolerance, violent extremism and widespread discrimination and persecution of individuals belonging to religious, ethnic and other minorities.

Georgia noted that the full and effective implementation of the provisions of the Durban Declaration and Programme of Action by all States was fundamental for the prevention and elimination of racism and discrimination in all regions. It highlighted the essential role of the transparent and accountable governance in effectively challenging racism and intolerance.

Egypt deplored the fact that the problem of racism and xenophobia had continued. The scourge of racism was rampant in certain governments, which had resulted in laws, administrative and political measures. It was concerning that some political parties espoused discourse of discrimination against Muslims and Arabs. Egypt appreciated those parties which had endorsed the Durban Declaration and Programme of Action.

Brazil reaffirmed its commitment to the full implementation of all relevant international instruments that addressed the promotion of racial equality and the fight against all forms of racism. It underlined the importance of the establishment of a forum with broad and inclusive participation of people of African descent within the framework of the International Decade for People of African Descent.

Turkey noted that racist discourse and hate speech targeted in particular vulnerable groups. The tendency to stigmatize migrants, refugees, asylum seekers and foreigners as scapegoats for all the ills of the society was a dangerous phenomenon. Tukey expressed hope that strengthened international efforts would make it possible to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels.

Iran said that all people in the world deserved justice. Insolence to the Muslim community would result in ranges of violations, and more coalitions were needed to counter that. Socially oriented movements, State-run organisations and even police officers were perpetrators of racism and discrimination. Muslims, especially those from the Middle East, were often facing inappropriate and inhumane treatment today.

Pakistan stressed that its commitment to the elimination of racial discrimination in all its forms and manifestations was reflected in its Constitution. Repeated incidents of Muslim travellers who were profiled and harassed despite having valid travel documents had been reported. A Muslim woman had returned to her country as a “suspect” because she had replied to an immigration official that she had prayed five times a day.

Azerbaijan carried out its national policy in all fields with the consideration of traditional tolerance and harmonic coexistence of different national, ethnic, linguistic and religious groups. The Committee on the Elimination of Racial Discrimination was deeply concerned about the negative influence of the Nagorno Karabakh conflict on the full enjoyment of the rights by Azerbaijani internally displaced persons.

Sikh Human Rights Group expressed concern over the denial of ethnic identity of Sikhs in France, which insisted on imposing its own definition of Sikhs upon the Sikh people. That way, France continued to pursue an inflexible seventeenth century colonial attitude of denying people the respect and dignity of self-definition.

Arab Commission for Human Rights noted that the Durban Declaration and Programme of Action had focused on the need to fight against all forms of discrimination. Discrimination was applied against Muslims and Africans in Europe and the United States. Many migrant children had disappeared in Europe.

International Youth and Student Movement for the United Nations called on the Human Rights Council to implement the requests made by the General Assembly on the implementation of the Durban Declaration and Programme of Action, such as developing and adopting a multi-year programme of renewed and strengthened outreach activities.

International Humanist and Ethical Union said that the rise in European political parties with ideologies grounded in nationalism and populism was notable, with State-led aggressive nationalism particularly stark in India and Russia. The Council should do more to combat the “harmful and exclusionary” ideology of populist nationalism.

Agence Internationale pour le Developpement spoke about systemic discrimination of lower caste persons, who, due to racial discrimination, could not access their basic human rights such as education, health services, and housing rights. Dalit people lived in constant fear, and the Council was asked to take concrete steps to combat racism.

The Charitable Institute for Protecting Social Victims stated that racism and racial discrimination ran through all strata of society, noting that some groups were particularly exposed. Skin colour and religion were often a basis for discrimination. Some countries imposed obstacles against large parts of their populations.

International Organization for the Elimination of All Forms of Racial Discrimination, in a joint statement with International-Lawyers.Org, referred to racial discrimination by Israel, and noted that only Jews were allowed to immigrate to Israel. Arab schools in Israel received less than two thirds of the budget allocated to Jewish schools and it was not a violation to refuse employing Arabs because they did not serve in the Israeli military.

Centre for Inquiry said that State failure to address social hostility and violence could create a culture of impunity leading to increased violence. States would never realize their full potential unless all of their citizens had an equal standing. Council’s Member States should root out any legal, historical and social discrimination.

Society for Recovery Support referred to acts perpetrated by “Da’esh” and said that there was no justification for violence in the name of Islam. Muslims were the first targets of that violence, which also contributed to Islamophobia and stigmatization.

Centre for Human Rights Peace and Advocacy said that the blatant discrimination of minorities in India had never been so apparent. An example was given of a 82-year old humanitarian activist Bapu Singh Khalsa, who had been on a hunger strike since 16 January 2015, campaigning for a release of Sikh political prisoners languishing and forgotten in jails for decades.

World Barua Organization stated that on 17 January 2016, a Dalit student Rohith Vemula had committed suicide against the ugly caste system in India. That suicide had shocked the so-called secular India and brought to the fore the discrimination against low caste Dalits and other marginalized communities in the educational system.

World Muslim Congress said that caste based discrimination in India was centuries old and Dalits, scheduled caste Hindus, religious minorities - Muslims and Christians - were marginalized and discriminated in each and every walk of life. With the current government in office, that trend was further reinforced.

Organization for Defending Victims of Violence spoke about the Yezidi community in Iraq as well as the situation in Syria, where Daesh and other extremist groups were presenting a heinous image of Islam for the world to see. An Islamophobic backlash caused Muslims and refugees to be scapegoated. It was vital to counter Islamophobia.

International Islamic Federation of Student Organizations said that Kashmiri Muslims in New Delhi were victims of humiliating searches, intimidation, and arbitrary detentions by local policemen under the pretext of fighting terrorism. The Council was urged to call upon India to ends its policy of profiling and harassment.

Americans for Democracy and Human Rights in Bahrain expressed concerns with regard to the discriminatory policies toward stateless persons in the Gulf region. Due to their lack of identity documents, they were marginalized. Concern was also expressed about torture practiced against stateless persons in the Gulf countries.

Alsalam Foundation referred to Saudi Arabia’s discriminatory practices against the Shia minority, which included reduced access to public education and employment, restrictions on religious freedoms and unequal treatment under the justice system. Since 2011, the Government had detained and imprisoned many Shia in relation to peaceful protests and religious gatherings.

Iraqi Development Association, in a joint statement, expressed concerns about gross human rights violations in the Arab Peninsula and the bombing of mosques. Racism targeted minorities in Saudi Arabia and Yemen, and the Council should review its standards that allowed Saudi Arabia to be one of its members.

Liberation said that the caste system in India was a manifestation of racism and xenophobia. People suffered unequal distributions of wealth, and indigenous peoples were denied their right to land. The Council should raise the issue of social discrimination with the Government of India.

United Nations Watch said ISIS had revived slavery and enshrined an ideology of rape and sex slavery. Systematic rape of women and girls form the Yezidi minority had become daily, and amounted to genocide. Where did that genocidal ideology come from and were there some countries to blame?

Rencontre Africaine pour la défense des droits de l’homme stated that the debate on racism today was crucial. The multiplication of racist incidents was of concern, which was why the time had come to further invest in education and cultural diversity.

European Union of Jewish Students said that the previous year had been another turning point for Jewish people across Europe. A tide of anti-Semitic incidents caused great fear and anxiety amongst many Jewish communities, with many people now questioning the future security of Jewish life on the continent.

Prahar noted that indigenous peoples in northeast India were confronted with extra constitutional regulations, such as the Armed Forces Special Powers Act, special legal concessions for extractive industries to exploit natural resources, which were increasingly threatening indigenous communities, their livelihoods and social cohesion.

Cameroon Youths and Students Forum for Peace stated that xenophobia in India was at its peak, as well as racial attacks on minorities in every corner of the country. In February 2016, a Tanzanian student had been attacked by a mob in the city of Bangalore, and that was not the first case of racism and violence against Africans living in India.

Indian Council of Education said that gender inequality was exacerbated by poverty and was a key factor in the persistence of poverty. When women and men did not have equal access to resources or equal opportunities to take part in decision-making, there were direct economic and social costs.

International Institute for Non-aligned Studies spoke about the history of the intersection between the ideas of feminism and women in development. Various United Nations conferences and their outcome documents were mentioned, including the Beijing Declaration and Platform for Action adopted in 1995.

International Association for Democracy in Africa said that in Pakistan the worst forms of racism manifested in the treatment of Hindu and Christian communities. Forced conversions were taking place and the Government, police and judiciary were all ignoring the problem.

Canners International Permanent Committee stated that China’s domestic bureaucracy helped promote the status of women. The bureaucracy included many offices of the National Working Committee on Children and Women.

United Schools International said that Canada was committed to gender equality, and to the promotion of women’s rights at the international level, and was one of the first countries to ratify the Convention on the Elimination of All Forms of Discrimination Against Women.

Centre for Environmental and Management Studies stated that Germany supported efforts for achieving gender equality. Germany accorded a central role to the European Union Guidelines on violence against women.

European Union of Public Relations said that women in Italy represented a significant majority of the teaching workforce. The principle of equal opportunity was grounded in the Italian Constitution, and Italy had ratified the Convention on the Elimination of All Forms of Discrimination Against Women in 1985.

World Environment and Resources Council said that France prioritized the promotion of women’s rights and it supported actions against violence against women, violence against women in peacekeeping forces, and it was active in the fight against female genital mutilation.

Commission to Study the Organization of Peace stated that more women in the United States had taken on new responsibilities outside the home by joining the paid workforce. Women were also stepping up to lead the country, as there was a record-high percentage of women were serving in the Congress.

Pan African Union for Science and Technology said that women in the United Kingdom were playing an increasingly active role in economic, political and public life. They made up nearly half of those in employment, making a crucial contribution to the economy.

Touro Law Center, the Institute on Human Rights and the Holocaust, said that the Durban conference had been characterized by profound displays of antisemitism. The annual General Assembly resolution on Durban was not supported by most of the world’s democracies. Anti-Semitism had not improved with age, and neither did its offspring - the Durban Declaration.

Tiye International expressed concern about the slow progress of the implementation of the Programme of Activities of the International Decade for People of African Descent, with the Durban Declaration and Programme of Action at its centre. The term “Afrophobia” should receive consensus recognition.

African Regional Agricultural Credit Association spoke about New Zealand, giving details of the country’s demographics and also reviewing education statistics and labour force participation. Health outcomes were also noted, and activities of the country’s Ministry for Women were explained.

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