CURRENT LEVEL OF WESTERN WORLD COMPLICITY IN ACCEPTANCE OF RACISM DISTURBING, THIRD COMMITTEE TOLD AS DEBATE ON DISCRIMINATION ENDS
Press Release
GA/SHC/3380
CURRENT LEVEL OF WESTERN WORLD COMPLICITY IN ACCEPTANCE OF RACISM DISTURBING, THIRD COMMITTEE TOLD AS DEBATE ON DISCRIMINATION ENDS
19961107 There was a disturbing degree of complicity, and perhaps even acceptance of racial intolerance and discrimination in the world today, the representative of India told the Third Committee (Social, Humanitarian and Cultural) this afternoon. The Committee was concluding its general debate on the elimination of racism, racial discrimination and the rights of peoples to self-determination.Rightist or ultra-conservative political groups or parties had gained ground notably in the Western world, she said. Weak laws defining discrimination, lax enforcement and inadequate sentences for racially motivated crimes in industrialized countries did not help to uproot the problem.
Algeria said the mass media and the technology of the Internet have recently facilitated the dissemination of xenophobic, racist and neo-facist views. The current world order would remain fragile until solutions were found to the scourges of racism and racial discrimination, which unfortunately continued to exist in several countries.
Both Thailand and Zambia spoke of the need to control illegal immigration and described its negative economic and social impact in their countries. The representative of Thailand said the Special Rapporteur went too far in citing his country as one which saw immigrants as a threat to national security. However, the problem of 700,000 illegal immigrants must be addressed in a systematic and humane manner. There was now a two-year moratorium on the expulsion of illegal immigrants pending the adoption of regulations designed to ease the impact of illegal immigration on public order and at the same time to take care of the needs of illegal immigrant workers, he added.
Speakers stressed that the Committee on the Elimination of Racial Discrimination must be given adequate resources to carry out its work. It was important to educate the public, especially youth, through information campaigns which promoted tolerance of diversity, they said.
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The representatives of Slovenia, Ukraine, Guyana, Syria, Colombia, Pakistan, Libya, Iraq, Andorra, Singapore and Croatia also made statements.
Myanmar, Morocco and Algeria spoke in exercise of the right of reply.
The Committee will meet again at 10 a.m. Friday, 8 November, to begin its general debate on the programme of activities of the International Decade of the World's Indigenous People. The Committee is also expected to act on a draft resolution on the United Nations High Commissioner for Refugees (UNHCR).
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to conclude its discussions on racism, racial discrimination and the rights of peoples to self-determination. (For background, see Press Release GA/SHC/3376, of 5 November.)
Statements
EVA TOMIC (Slovenia) said her Government believed that perpetrators of racially motivated violence must be brought to justice in accordance with the principle of individual responsibility. The state of impunity must not be allowed to exist for those who commit gross violations of human rights and grave breaches of humanitarian law. Slovenia supported the early establishment of the international criminal court as a permanent, effective and impartial mechanism with a jurisdiction that included the core of the most serious crimes under international law, including genocide and crimes against humanity. It also appreciated the work of both ad hoc tribunals for the former Yugoslavia and for Rwanda.
The Government was encouraged by the improved working methods of the Committee on the Elimination of Racial Discrimination, specifically the combined consideration of the States parties reports in cases where the submission was excessively overdue. This method has allowed the Committee to eliminate its backlog of unconsidered reports. The Committee should also be commended for its contribution in the area of prevention of racial discrimination, including its early-warning measures and urgent procedures, which constitute an important contribution to the effective prevention and response to serious violations of the Convention on the Elimination of Racial Discrimination.
RENUKA CHOWDHURY (India) said racist politics had been constitutionally enshrined in some countries and new and more subtle forms of racism had crystallized into a worldwide immigration crisis in which economic imbalances between countries of the North and South played a part. They took the form of xenophobia, restrictive or discriminatory immigration policies based on racial considerations, and ethno-centricism. There was a disturbing degree of complicity, and perhaps even acceptance of racial intolerance and discrimination. Rightist or ultra-conservative political groups or parties had gained ground notably in the Western world. Weak laws defining discrimination, lax enforcement and inadequate sentences for racially motivated crimes in industrialized countries did not help uproot the problem.
Her Government fully supported the Special Rapporteur's call for a world conference on racism, racial discrimination and xenophobia to include the question of immigration and xenophobia, she said. The lack of resources for the work of the Special Rapporteur was a concern and could severely affect
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education and the dissemination of information promoting tolerance of and respect for other cultures and peoples. Self-determination should not be construed as authorizing or encouraging any action which would dismember or impair the territorial integrity or political unity of sovereign States. It was important to emphasize the Secretary-General's observations that "if every ethnic, religious or linguistic group claimed statehood there would be no limit to fragmentation, and peace and security and economic well-being would be difficult for all to achieve". India had been the victim of sustained terrorism by mercenaries, armed, trained and financed from across its borders for over a decade, she added.
OLEKSANDRA SAVCHENKO (Ukraine) said the inalienable right of self- determination carried both national and international ramifications. There was a need for pragmatic approaches to this principle to ensure fair and just solutions to conflicts that arise in the process of self-determination. However, territorial separation could not be equated with separatism, which was one of the great threats to global security. In addition, self- determination could not be seen as sanctioning any actions that would lead to the fragmentation of the territorial integrity or political unity of sovereign States. To that end the following principles could be used in regulating implementing efforts of self-determination: only identifiable ethnic groups should be recognized; an ethnic group with an independent territory outside its current State would not be granted self-determination; self-determination should not be achieved in the form of territorial separation; a mandatory condition for territorial separation should be the presence of discrimination against the ethnic group which could not be removed by other means; self- determination could not be implemented if it conflicted with the well-being of other ethnic groups; self-determination should be in accordance with universally recognized principles of international law. If followed, these principles would deny separatist movements not in accordance with the principles and promote orderly and just self-determination of people.
At this stage in the struggle to eradicate racial discrimination, emphasis should be given to xenophobia, intolerance and racism against minorities, immigrants, and other vulnerable groups, she said. It was necessary to change the focus of the tasks related to the Third Decade Against Racism (1993-2003) in order to orient international cooperation to strengthen the effectiveness of national measures. A secure legal framework had been established in the Ukraine to protect the rights of minorities and to satisfy the conditions of their social and spiritual needs.
PAULETTE HOADES-CORNETTE (Guyana), speaking on behalf of the Caribbean Community (CARICOM), said they were very concerned with recent developments in Rwanda and Zaire and called on the international community to do everything possible to deal with the terrible problems there. The work of the International Criminal Tribunals for Rwanda and the former Yugoslavia should be enhanced. The CARICOM countries strongly believed that the elimination of
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racism and racial discrimination could not be achieved without adherence to the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international legal instruments. Governments should cooperate with the Committee on the Elimination of Racial Discrimination and its third programme of action. Emphasis should be given to the Commission on Human Rights' early warning mechanisms. The CARICOM countries joined in the appeal for adequate resources for the work of the Centre for Human Rights and the Special Rapporteur.
She said the rights of peoples to self-determination were linked to human rights. There were a number of Assembly resolutions on the rights of all countries to self-determination, however, there was still a problem in many parts of the world. The United Nations had the responsibility to encourage adherence to the principles and the rights to self-determination for the peoples of Palestine. During the last decade there had been an increase in mercenary activities and terrorism which also included drug and arms trafficking. The CARICOM countries supported the recommendations of the Special Rapporteur and joined in the call for the General Assembly to condemn those activities.
FAYSSAL MEKDAD (Syria) said the question of self-determination remained on the international agenda because a final solution must be found to the threat it sometimes caused to international security and stability. Modern forms of xenophobia and discrimination against foreigners in developed countries were of great concern and combating them must be of high priority to the international community. Racism in all its manifestations must be ended immediately.
The United Nations had undertaken an important role in the struggle for self-determination all over the world, yet it was unable to help the Palestinian people, he said. This failure could be seen as a result of the expansionist policies of the Israeli Government and its inability to adhere to peace agreements. Its continued attempts to falsify histories and turn facts upside down will not serve peace in the region. Sooner or later, Israel must withdraw from occupied Arab territories and recognize the Palestinian people's right to self-determination. The Israeli occupation of Arab territories was based on killing and terror, and any solution to the problem must be based on the terms of reference and principles agreed upon in Madrid.
ALEJANDRO BORDA (Colombia) said his Government had submitted its sixth and seventh reports to the Commission on Human Rights, and the Special Rapporteur had recently visited his country. Colombia was a multi-ethnic community. Its Constitution guaranteed respect for and the dignity of ethnic groups and reiterated the equality of all human beings regardless of their origin, religion, colour, ethnicity. The Government had implemented programmes which supported and recognized ethnic rights and minority community networks within society. It also aimed to promote the collective rights of
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minorities, support their sustainable development and include them in decision-making and encourage tolerance of multi-ethnicity. There were a number of ambitious projects which emphasized health and education. The programme of activities for the Decade of Indigenous Peoples was being carried out. In 1994, the Ministry for black communities initiated a five-year plan for the Afro-Colombian people. It strengthened community research projects, the gathering of statistics on that population and promoted public information campaigns.
He said economic development of ethnic groups would benefit the entire Colombian community and help the country step forward. His Government supported the right of the Palestinian people to their own state and noted the difficulties in the peace process. He urged the parties to settle their dispute within the framework of dialogue and the peaceful settlement of disputes.
AHMAD KAMAL (Pakistan) said India had prevented the people of Jammu and Kashmir from exercising their right to self-determination, as stipulated in the resolutions of the Security Council. For over four decades, India had occupied Jammu and Kashmir by the force of arms. The Kashmiri resistance to Indian repression was legitimate, and India's depiction of the Kashmiri freedom struggle as a secessionist movement was a classic colonial ploy. The virtually defenceless Kashmiri were engaged in a struggle against the largest occupational force in colonial history, and they possessed the inherent right of self-defence. The Indian army was repressing, killing, torturing and raping Kashmiris under the cover of the emergency laws imposed by its Government.
Action must be taken to reduce tensions and to avert a possible threat to peace, he said. India should accept the offer of good offices made by the Secretary-General over the last three years. Most importantly, India's repression and human rights violations in Kashmir must be halted and it should be persuaded to give up the use of force as a means of resolving the crisis in Kashmir. Pakistan believed that sincere, meaningful and result-oriented negotiations should be started to promote an early solution to the Jammu and Kashmir dispute. The central focus of the talks should be to devise acceptable ways to ascertain the freely expressed wishes of the Kashmiri people.
ABDUSSALAM S. SERGIWA (Libya) said he was disappointed with the Special Rapporteur's report which did not go far enough in addressing certain issues and had not touched on the racial problems facing the Palestinian people. He also regretted that in the last two years the activities of the Human Rights Centre had not been up to the requisite level. Only one seminar had been held to promote the implementation of the Convention on the Elimination of All Forms of Racial Discrimination.
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He said the Vienna Declaration and various Assembly resolutions had emphasized the rights of peoples to self-determination and had sanctioned the struggle to achieve it. Despite the United Nations achievements over the years there were people who still suffered from domination and occupation, including the Palestinians who had been denied their right to self- determination. That would not be achieved until Israel ended its occupation of the Palestinian territories and the Syrian Golan and the southern part of Lebanon. Any just and peaceful resolution of the Palestinian right to an independent state with Al-Quds Al-Sharif as its capital depended on fulfilling their rights to a land where Jews and Arabs lived as one. His Government condemned racism and racial discrimination particularly of the Palestinian people who had been subjected to genocide and violence.
KHALID S. AL-HITTI (Iraq) said his country did not count among its citizens a segment that could be considered part of an indigenous population, and his Government had enacted guarantees for people belonging to minorities so they could use their language and enjoy their own culture without fear of discrimination. Arab and Kurdish nationals were part of the Iraq union. Numerous laws and legislation had been promulgated to ensure the rights of national groups in Iraq, and his country was committed to the rights and limits provided for in international instruments for minorities, including equality of treatment. Kurds, Turks and Syrians have their own political and cultural societies which represent their interests and aspirations.
The right to self-determination provided for the equality of rights among people, so they were free to pursue economic, social and political development and to dispose of their wealth and natural resources as they chose, he said. The right of people to self-determination was not only a collective right but a civic one as well. However, changes on the international scene had fostered in some States a tendency to disregard self- determination, in such a degree that they had intervened with military aggression. Direct military intervention in the northern part of Iraq, violation of its air space, and the launch of United States missiles against Iraq have amounted to a violation of Iraq's sovereignty and the martyrdom of numerous citizens.
JULI MINOVES-TRIQUELL (Andorra), said in 1993, his country had adopted a new Constitution which pronounced that people were equal under the law. No one needed to fear discrimination for reasons of birth, race, sex, origin, religion, opinion or any social or personal situation. The Pyrenees had always been a passage into the country. Since the twelfth century, Andorra has been a country which had enjoyed peace and freedom and where many people had sought refuge from persecution. A more recent example was during the Second World War when refugees of several races and religions benefited from asylum in his country.
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Nothing was more contrary to the essence of mankind than racism, he continued. Peoples' differences were based on their precious individuality and uniqueness. The courage, honesty and integrity of people was the real basis of any country's success. Andorra welcomed the report of the Special Rapporteur on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance, as well as its description of activities to motivate civil society and educate young people on the issues. Peoples right to self-determination was linked to human rights. He thanked Liechtenstein which had in recent years stimulated the debate on the right to self-determination and come up with a number of initiatives. For example, the international conference held at the Woodrow Wilson Centre at Princeton University had offered an academic atmosphere to explore the question.
BILAHARI KAUSIKAN (Singapore) said that in the report on measures to combat contemporary forms of racism, racial discrimination and xenophobia (document A/51/301), the Special Rapporteur stated that he relied mainly on sources from quasi-governmental agencies and non-governmental organizations, as well as consulting reliable articles in the international press. That was a strange and damning admission, and by choosing to ignore the views of Member States, the Special Rapporteur made factual errors of such an elementary nature that he had cast doubt on the credibility of the entire report. In one of the report's many factually inaccurate passages in paragraph 21, the Special Rapporteur stated that relations between the Philippines and Singapore deteriorated in 1995 after the execution of Flor Contemplacion, a domestic worker who had been accused of murdering her employer, and that Philippine authorities had cast doubt on the circumstances of the trial. This statement contained several notable points. One factual error was that Flor Contemplacion was charged, tried and convicted of murdering another domestic servant and a four-year old boy, and not her employer. Also, while relations between the Philippines and Singapore did deteriorate for a period from March 1995, after the execution of Flor Contemplacion, relations between the countries were restored later that year. In addition, Flor Contemplacion was given full recourse to due legal process in Singapore and admitted to the murders in the presence of a Philippine Embassy labour official who acted as her interpreter. On no occasion did she ever deny her crime or claim to be innocent.
It was well known that the United Nations was mired in a financial crisis and was restructuring, downsizing and streamlining many of its bodies, he said. However, these kinds of errors were not the result of a lack of staff or results but of a lack of professionalism, if not outright negligence. If Member States were expected to give credence to the Special Rapporteur's report, it must be prepared in a professional manner, adequately researched and with due regard to factual accuracy.
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HUMPHREY KUNDA (Zambia) said his country was an open society and welcomed all people whatever their origin. However, his Government did not have to tolerate criminal elements and it had a responsibility to enforce the laws against illegal immigration. It was well known that there was a problem in Zambia with the smuggling of precious stones. People even entered the country specifically to steal those stones. The practice denied the Zambian people much-needed revenue. Zambia was a least developed country which had to make optimum use of its resources.
He said foreigners who had been repatriated were either criminals who had completed their sentences or illegal immigrants. The Government had a right to take action against those who threatened law and order. A large number of West Africans had settled in the country and were very prosperous. His Government fully supported the work of the Special Rapporteur.
CHEMS-EDDINE ZELACI (Algeria) said the current world order would remain fragile until solutions were found to the scourges of racism and racial discrimination, which unfortunately continued to exist in several countries. The mass media and the technology of the Internet have recently facilitated the dissemination of xenophobic, racist and neo-facist views. Racism and racial discrimination have been used as a systematic method for solving the problem of migratory movements thus challenging non-discrimination which was one of the pillars of human rights. Racism and racial discrimination must be combated with measures to sanction and penalize those who commit racist acts, and educational and promotional campaigns should be undertaken to reach everyone. Algeria has undertaken action to contain and abolish all forms of intolerance. It was in favour of a world conference on racism, racial discrimination, xenophobia and other forms of intolerance.
Impediments continued to exist and hamper some groups in the fundamental right of self-determination, he said. The peace process in the Middle East had been compromised by actions taken by the new Israeli Government. Algeria continued to support stability in the region, and a solution based on the restitution of all Arab territories occupied by Israel in 1967, and comprising Jerusalem, Golan Heights and Southern Lebanon.
LJUBINKO MATESIC (Croatia) said paragraph 14 of the report of the Special Rapporteur on the use of mercenaries (document A/51/392) contained a note verbale from Germany dated 16 July to the United Nations office in Geneva which was a reply to an 18 March letter of the Special Rapporteur inquiring about two individuals suspected of being mercenaries.
He said the note verbale was somewhat unclear as to which country the two suspected mercenaries operated in or under whose command. The activities mentioned in the note did not take place in Croatia's territory and the
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military commanders were not associated with the Croatian army. He asked the Special Rapporteur to make that matter clear in any possible future references to the case.
THAKUR PHANIT (Thailand) said he wished to clarify a point in the report of the Special Rapporteur, Maurice Glele-Ahanhanzo on measures to combat contemporary forms of racism, specifically under subheading A, "The worldwide immigration crisis" on pages 12 and 13. The issue of immigration in Asia described in the report was not one of racial discrimination. The Special Rapporteur went too far in citing Thailand as a country which claims that the arrival of immigrants was a threat to national security -- specifically the 350,000 'illegal' immigrants from Myanmar. For many decades, Thailand had been host to hundreds of thousands of people from Myanmar, Laos, Cambodia and Viet Nam, including refugees, displaced persons, asylum seekers, and illegal immigrants. The Government would provide appropriate treatment to illegal immigrants who were truly in need of protection and assistance. It would also do its utmost to provide humanitarian shelter to those displaced across the border into Thailand by conflicts in their own country. When situations returned to normal, Thailand would facilitate their return safely and with dignity.
He said there were 700,000 illegal immigrants in Thailand and their sheer numbers had a negative impact on the economy and social conditions. The problem must be addressed in a systematic and humane manner. The Government had recently announced a two-year moratorium on the expulsion of illegal immigrants pending the adoption of regulations designed to ease the impact of illegal immigration on public order and at the same time to take care of the needs of illegal immigrant workers, in terms of employment conditions, wages and occupation.
Rights of Reply
U PE THEIN TIN (Myanmar), speaking in exercise of the right of reply, noted with regret the statement yesterday by the representative of Ireland, speaking on behalf of the European Union and associated countries. References to Myanmar were totally irrelevant to the item under consideration. In the past, his country had played a leading role in the Committee on Decolonization, demonstrating the right of all peoples to self-determination. At present, a dialogue was under way to meet the aspirations of 135 national races, especially the minorities, to have a multi-party democratic and pluralist society. The people and a majority of the political parties wanted a new constitution which reflected the aspirations of all the national races.
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The National Convention had been meeting to draft a new constitution which would respect the rights of all races, he continued. Priority would be given to the process of reconciliation which had resulted in the return of 15 to 16 armed groups who were now fully participating in the political process. Myanmar was fully committed to the maintenance of law and order. As a rule, detentions and arbitrary arrests were never made. Action was only taken against those who transgressed existing laws, and they had the benefit of legal counsel.
YAMINA BENNANI AKHAMLISH (Morocco), speaking in exercise of the right of reply, said her Government believed it should offer a clarification because another delegation had chosen to address the topic of the self-determination of the people of the Sahara.
Despite the Madrid accord and despite an historical and legally legitimate presence, Morocco had proven its determination to peacefully resolve this problem and had demonstrated its respect for the principles of international law and peace and stability in the region and the world, she said. In this context, Morocco had taken the initiative to seek a lasting peace, with respect to international principles, and had asked the United Nations to organize a referendum on the self-determination of the peoples of the Sahara. Morocco had reaffirmed its solemn support and its willingness to abide by the rules of the United Nations and to follow the referendum process, she said.
AMINA MESDOUA (Algeria), speaking in exercise of the right of reply, said her Government believed that the problem in Western Sahara was a problem that was being solved in the Security Council and in the Fourth Committee. Once again, Morocco was attempting to mislead delegations. Negotiations were under way between Morocco and the Polisario Front, which had been called for by the Secretary-General and the Moroccan delegate to the Fourth Committee. Algeria was committed to a just and impartial settlement in the Western Sahara.
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