HR/CN/826

DELEGATES AT HUMAN RIGHTS COMMISSION DECRY PERSISTENT RACIAL DISCRIMINATION AND XENOPHOBIA

24 March 1998


Press Release
HR/CN/826


DELEGATES AT HUMAN RIGHTS COMMISSION DECRY PERSISTENT RACIAL DISCRIMINATION AND XENOPHOBIA

19980324 Minister for Higher Education of Tunisia Addresses Rights Forum

(Reissued as received.)

GENEVA, 23 March (UN Information Centre) -- Government delegations and non-governmental organizations addressing the Commission on Human Rights this morning condemned rising racism, racial discrimination and xenophobia in all their forms, including through the Internet.

According to Maurice Glèlè-Ahanhanzo, the Commission's Special Rapporteur on Racism, Racial Discrimination, Xenophobia and other Related Intolerance, said new manifestations of racism and racial discrimination were developing thanks to technological advances like the World Wide Web. Despite measures by some governments to combat racism and racial discrimination, the situation in this area remained alarming and required further action nationally and internationally, he added.

The Special Rapporteur reiterated his support for the convening of a world conference against racism as soon as possible, a recommendation made by the General Assembly last year and supported this morning by a number of participants.

Also this morning the Commission heard from the Minister of Higher Education of Tunisia, Dali Jazy, who outlined his Government's actions in the field of human rights.

Bangladesh, Cuba, Philippines, Czech Republic, Argentina, Sudan, Russian Federation, Guatemala, Madagascar, Pakistan and Senegal spoke during the morning's discussion, as did the following non-governmental organizations (NGOs): World Jewish Congress, Association for World Education, International Council of Jewish Women, International Movement Against All Forms of Discrimination and Racism, African Commission of Health and Human Rights Promoters, World Federation of Democratic Youth, Transnational Radical Party, Women's International League for Peace and Freedom, and International Institute for Non-Aligned Studies.

Statement by Minister of Higher Education of Tunisia

DALI JAZY, Minister of Higher Education of Tunisia, said his country accorded great importance to the Universal Declaration of Human Rights, which had opened the way to other human rights instruments. Tunisia had been encouraged by that Declaration to ratify all human rights treaties of the United Nations advocating the universal and indivisible rights of human beings. In addition, the Vienna Declaration had asserted the universality and indivisibility of human rights based on complementarity and on an equal footing, without selectivity. Tunisia had played an active and important role in the preparation of the Vienna Conference and hosted the regional conference for Africa.

The Commission's current meeting took place at a time when the human rights situation was worsening in some parts of the world as a result of occupation and violations, he continued. Tunisia had continued its full support to those peoples suffering human rights abuses. Concerning Palestine, Tunisia had played an eminent role in the peace process, believing that negotiations should be held in an atmosphere of understanding and mutual respect. But Israel had not fulfilled its obligation and had reduced Palestinian rights.

Stability and security in many regions were threatened by terrorism and conflicts, Mr. Jazy said. Although a number of States had made progress towards democracy and had established stability, poverty and low living standards remained major problems. Such phenomena had hampered the full promotion and protection of human rights in some States. In order to close the gap between economic progress or lack of it and respect for human rights, the international community should strengthen the dialogue among the various parties in the implementation of the Vienna Declaration.

The President of Tunisia accorded great importance to human rights, Mr. Jazy said. In the past decade, a number of accomplishments had taken place in Tunisia to strengthen the foundations of the rule of law and human rights: a human rights culture had been encouraged in all segments of society; legal reforms had been effected, and extremism and violence had been rejected. In addition, schools taught human rights and national councils for human rights were set up throughout the society. And since political rights could not be developed without economic progress, Tunisia had implemented large and numerous programmes of development to allow people to live honourably. Furthermore, measures were taken to permit women to effectively participate in the society and to effectively contribute to its construction.

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Racism, Racial Discrimination, Xenophobia: Documentation

As it takes up the question of racial bias, the Commission will have before it the report of Maurice Glele-Ahanhanzo, Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance(E/CN.4/1998/79). The Special Rapporteur recalls that in his previous report, he noted an alarming increase in manifestations of racism, racial discrimination, xenophobia and related intolerance. Since then at the global level, the situation has improved very little. Despite the governmental, legislative or judicial measures taken or envisaged in some countries to combat racism and racial discrimination, the situation in this area continues to be cause for concern.

The Special Rapporteur recommends that a world conference on racism, racial discrimination, and xenophobia be convened as soon as possible. He also recommends to envisage the possibility of action at the international level by immediately beginning studies and research on the use of the Internet for purposes of incitement to hatred, racist propaganda and xenophobia, and to draw up a programme of human rights education and exchanges over the Internet.

Also before the Commission is the report of the Secretary-General on the Seminar on Immigration, Racism, and Racial Discrimination held in Geneva from 5 to 9 May 1997 (E/CN.4/1998/77/Add.1). The report states that geographic mobility continues to increase because of the growing poverty in the third world and because, despite the crisis, developed countries continue to look for more people. There is a fundamental contradiction between the tendency to place increasingly draconian restrictions on individual mobility and the free flow of trade.

The Seminar recommended, among other things, that the right to be different should be respected by all and host States must guarantee the preservation of migrants' cultural identity. States are called upon to ratify and implement the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as relevant conventions of the International Labour Organization.

The Seminar called on all Governments to establish suitable, efficient, and accessible recourse procedures for victims of racism, racial discrimination and xenophobia, as well as to provide victims with legal assistance.

Another document available to the Commission is the report of the expert seminar on "the role of the Internet in the light of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination" held in Geneva from 10 to 14 November 1997 (E/CN.4/1998/77/Add.2). The seminar suggested that an open-ended

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intergovernmental working group be established to draft guidelines for the ethical use of the Internet. It also proposes that the Commission on Human Rights consider the creation of a consultative group with a view to preparing a report in the framework of the World Conference on Racism.

The Commission will also review the report of the Secretary-General on racism, racial discrimination, xenophobia and related intolerance (E/CN.4/1998/78), which notes that, as stressed by the fifty-second session of the General Assembly, the Third Decade to Combat Racism and Racial Discrimination did not command sufficient interest to lead to far-reaching activities.

In addition, the Commission may consider a note by the Secretariat (E/CN.4/1998/131) circulating a letter, dated 9 March 1998, by the Permanent Representative of the Republic of Azerbaijan to the Chairman of the Committee on the Elimination of Racial Discrimination.

Statements

MORRIS ABRAM, of the World Jewish Congress, said that on 11 March 1997, the Palestine Liberation Organization (PLO) Observer made a blood libel against the Israelis before the Commission. In August 1997, at the Subcommission on Human Rights, the PLO had made another terrible and unfounded charge that the Jewish State was engaged in a Nazi practice of using Palestinian prisoners for medical experiments. These damnable and damaging lies could not be dismissed as mere politics. The speaker hoped that henceforth, this would truly become a Commission on Human Rights, whose Members would pursue the Charter principles which had been so well laid out by the Secretary-General, Kofi Annan. This would require not only that evil not be spoken in this chamber, but that if it was, there would be no silent listener.

RENE WADLOW, of the Association for World Education, said the Special Rapporteur's report duly reflected the ever rising waves of intolerance and racism that threatened to overwhelm the world; it also accurately reflected the threat posed by use of the Internet by purveyors of racial hatred. Waves of ethno-and nationalistic thought would not abate by themselves; they needed a reaction; extensive education was the best response. The work of the Special Rapporteur should be augmented, rather than interfered with; the Commission's decision to censor last year's report on the basis of a highly questionable interpretation of one of its passages was deplorable and would only serve to weaken the position of the Special Rapporteur and of Special Rapporteurs in general. The Commission must play a lead role in preparation for the upcoming World Conference on racism, and must make sure that the preparation was sound, for such a meeting would be successful only if there was careful and thorough planning.

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ANDREE FARHI,of the International Council of Jewish Women, said racism could take diverse forms, from subtle to more violent. But where could one place the pseudo-historian who denied the Jewish genocide of the German Nazis or the one who said that the genocide was a detail of a history? The Council was concerned by the regrettable position taken on the case of Roger Garaudy by persons in a United Nations organ whose functions required a minimum of intellectual honesty. It was sufficient to say that the revisionists and the negationists were all religious or political extremists, racists and particularly anti-Semites. French National Front leader le Pen, despite his coded language, was in good company with Roland Raes of the Belgian Vlaams Blok and with Robert Faurisson, often condemned for their pseudo-historical approaches. David Irving, Louis Farakhan and Garaudy also belonged in the same company.

ATSUKO TANAKA, of the International Movement Against All Forms of Discrimination and Racism, said in these days of globalization of the world economy, the causes and conditions of racism and racial discrimination had become more acute and affected the vulnerable and destitute more gravely than before. In that context, the Movement welcomed the decision by the General Assembly to convene a world conference on racism, racial discrimination, xenophobia and related intolerance no later than the year 2001. The International Convention on the Elimination of all Forms of Racial Discrimination, adopted more than 30 years ago, provided for a wide range of measures such as education, criminal punishment of racial propaganda, remedies for victims and so-called affirmative action. More effective implementation of the Convention should be one of the objectives of the Conference -- only 25 countries had accepted the mechanism allowing individuals to submit complaints of racial discrimination to the Committee on the Elimination of Racial Discrimination, although 150 countries had ratified the Convention.

DJELY-KARIFA SAMOURA, of the African Commission of Health and Human Rights Promoters, said Africans were frequently subjected to painful attacks upon their dignity in the guise of various forms of racism. Following the dismantling of apartheid in South Africa, all must attack other forms of apartheid that remained in Africa. Mauritania, like Rwanda and Chad, required attention in this respect; the Commission should call for effective implementation of the principles prohibiting racism and xenophobia there. Mauritania was at the crossroads of the black African and Arab civilizations and cultures; it had signed most international human-rights instruments but was far from implementing them. The political power there violated the rights of human-rights defenders who worked on behalf of the black African community; a number had been imprisoned, although they were non-violent. The Commission must call for and obtain their immediate release.

MAURICE GLELE-AHANHANZO, Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance, said he was just back from

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a fact-finding mission to South Africa, a country for which he was full of admiration. South Africa was rebuilding itself under the Truth and Reconciliation Commission. Ministries and other Government bodies were increasingly reflecting the ethnic composition of the country. The education curriculum also was being reformed, as was legislature.

Mr. Glèlè-Ahanhanzo said he had observed some resistance within certain sectors of the administration, which were still holding on to their racist beliefs. There was also resistance on the part of members of the private sector, which made the emergence of black economic operators difficult. In addition, the press was still largely in the hands of supporters of the old regime. Regarding the rise of xenophobia, official and informal interlocutors he spoke to had recognized the worrying nature of this phenomenon which targeted Africans from neighbouring countries. The Government of South Africa said it was aware of these problems and that it was working on resolving them.

The Special Rapporteur said there were new forms of racism and racial discrimination which had developed thanks to technological advances like the Internet. Despite measures from some Governments to combat racism and racial discrimination, the situation in this area remained alarming. More action was needed nationally and internationally to nip that scourge in the bud. He recalled that among the recommendations in his latest report to the Commission (E/CN.4/1998/71) was the need to convene as soon as possible a World Conference against Racism and to include on its agenda the questions of immigration and xenophobia.

ABDELBAGI GEBRIEL, of the World Federation of Democratic Youth, said that in a number of European countries, including France and Denmark, political movements with racist ideas were gaining seats in legislatures. Prime targets of these movements were people of African descent, Asians, Arabs, and other non-Europeans; it would not be long until such chauvinist movements gained the power to fully implement their agendas. Countries such as Switzerland had enacted laws to prohibit acts of a racist nature and other countries were encouraged to do the same. Meanwhile, there were illogical attempts in some circles, including some Governments and NGOs, to dilute the question of racism with other forms of discrimination; they would not succeed. All sorts of discrimination were unacceptable, but there should be no illusion about racism -- it always had been and would continue to remain directly connected with the colour line of people. This year should be a turning point in international efforts to combat such racism.

PAOLO PIETROSANTI, of the Transnational Radical Party, said there was a people, a Nation in the world whose 20 million individuals were simply forgotten, hidden; even by the most important and authoritative media in the world. Never the less, the very few news published by the media could show how spread racial discrimination against Gypsies was. At the same time, one

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should say that only few Nations had been able, like the Gypsy, one had not to disappear after suffering a genocide, and still suffering an attempt to delete it. Gypsies were a Nation, and they did not want what other peoples meant a state should be. The history of the Gypsy Nation itself cut through the traditional identity and coincidence between the concept of a State and the one of a Nation. Gypsies were individuals in the world, and one could say them to be the most adequate people for the globalization.

KATHARINE MORRIS, of the Women's International League for Peace and Freedom, said the manifestations of racism and the strategies to combat it were rapidly changing and growing in complexity in a world increasingly shaped by globalization. Economic, cultural, territorial and legislative boundaries were increasingly eroded by communications and information technology, trade liberalization, international and multi-national institutions and increasing migration. One complex and dangerous consequence was that the identities of all peoples were challenged and as a result they often felt threatened, leading to a rise in xenophobic, racist and generally discriminatory attitudes. This resulted in both direct and indirect violations of human rights. The organization applauded the decision to have a World Conference against Racism, and it believed that the Republic of South Africa would be a pertinent choice of location. The quality of the preparatory process would significantly impact the Conference results; there was, therefore, a need for additional preparatory meetings, and non-governmental organizations must be a fundamental part of all preparations.

SHYAMA CHONA, of the International Institute for Non-Aligned Studies, said that in the Institute's corner of the world some countries had made constitutional arrangements that permitted, with the State's sanction, notions of intolerance to be legitimized; these notions could spread easily and their fallout was quite modern in terms of weapons and narcotics. Each call for a holy war in Kashmir or Afghanistan created possibly hundreds of new drug addicts in the United States and other developed countries. India had been celebrating 50 years of independence, but in many homes the celebration was tinged with sorrow that the shackles of colonialism had to be replaced by the intolerance of religion resulting in a partition that had left scars that were still livid. The streams of people seen on television moving between towns and villages in Bosnia, the caravans of the bereft in Rwanda and in Afghanistan, brought back memories of the caravans of homeless people that the partition of the Indian subcontinent had entailed. Democracy and secularism were the best eliminators of racial prejudice.

IFTEKHAR AHMED CHOWDHURY (Bangladesh) said it was only in recent days, specially since the end of apartheid in South Africa, that one had learnt to appreciate the vicious dimensions of racism, racial discrimination and related intolerance as more than State policy -- as a social malaise and dysfunction. Racism was about communities perceiving themselves in exclusive or superior

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light, and consequently discriminating against demeaning others. It was as much a problem of colour as of ethnicity, nationality and indeed, in every form of collective discrimination. It was important that in the current year of the fiftieth anniversary of the Universal Declaration, one be introspective to probe and root out the apartheid in one's mind. The seriousness of the malaise owed also to the fact that beyond the faces of the expressly racist, there were those who were not aware of the racist implication of their belief action and disposition. There was therefore the imperative for the world community to consider measures to correct such societal dysfunction so that the incessantly burgeoning forms of racism and related intolerance could be stemmed at the earliest.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said there was a revival and consolidation of racial discrimination, racist practices and xenophobia in several parts of the world. The expansion of such practices demonstrated that it was in the developed world where they unfolded in the most alarming and insidious ways. The institutionalization of alienating and xenophobic practices had reached an extremely serious magnitude -- political parties founded upon doctrines which upheld racial exclusion had gained remarkable space in the political scenario of many countries. The Internet and other networks with global range were improperly used to disseminate ideas based on superiority and racial hatred. A ban on that sort of dissemination of racist ideas was a legitimate and necessary restriction to the freedom of expression. Cuba attached particular importance to the convening of a World Conference against Racism before the end of the century.

MONINA CALLANGAN (Philippines) said the country rejoiced in the victory over apartheid in South Africa, but unfortunately the problem of racism persisted around the world. The people of the Philippines, like many others, knew how it felt to be subjected to racism, and thus called not only for greater vigilance but for a redoubling of efforts to stamp out racism in its myriad forms, including discrimination against minorities, migrant workers, and indigenous peoples. The Philippines strongly supported convening a world conference on racism, and attached great importance to the work of the Special Rapporteur; it was one of nine countries to have ratified the International Convention on the Protection of the Rights of All Migrant Workers and members of their Families, and also had passed a law recognizing all the rights of the country's indigenous peoples, including rights to ancestral lands and domains and respect for their values and institutions.

MIROSLAV SOMOL (Czech Republic) said his country had inherited some problems from the past communist regime. There were few minorities in the country, but the problem of racism arose in particular with regard to the Roma minority. The mistakes of the former communist regime, including a paternalistic approach on the one hand and forced assimilation of the Roma community on the other, had caused a very difficult situation. The

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seriousness of the situation had been underestimated for a long time by the public and by some of State officials. The situation had changed completely last summer and autumn, when a few hundred members of the Roma community had asked for asylum abroad. During that time several attacks of skinheads against Roma and dark skinned foreigners were registered. Nevertheless, the situation in many spheres of domestic laws and the general protection against racism and racial discrimination in the Czech Republic met the highest criteria set by United Nations bodies.

VICTOR RAMOS (Argentina) said there was a re-emergence of ethnic, racial and xenophobic conflict in the world. Many progressive sounding policies concealed policies of racism. Racism was very often a reaction to a fear by established orders of losing privileges. It was crucial to study racial conflict in a broader sense. In Argentina, some asked how there could be racism if there were no blacks. However, Argentina had people of mixed blood, and it had a policy against racism incorporated in the Constitution. The Government was also giving impetus to advance legislation to further penalize racism according to the recommendations of the Special Rapporteur on racism and the Secretary-General.

GASIM IDRIS (Sudan) said the Special Rapporteur referred to the holy Koran in paragraph 27 of his report in a way that constituted an attack on Islam and Muslims. Since the Commission at its last session had been extremely clear on the need to delete that paragraph, he wished to reaffirm that it should in fact be deleted. The Rapporteur referred in his document to Sudan; the Government had set up a commission of inquiry into claims cited about various problems alleged; no one had come forward to support these claims. Two years ago, to clear up any misunderstandings, the Working Group on slavery had been invited to Sudan to confirm that the claims were false; the invitation had since been reaffirmed. Sudan was still waiting for a response. It also had invited various NGOs to visit the country in the context of that investigation.

BORIS KRYLOV (Russian Federation) said that although racism existed in many parts of the world in different forms, one should celebrate the final results of the efforts to eradicate it. The Special Rapporteur on Racism should not confine his findings only to traditional forms of racism: he should also deal with all forms of racism so that the international community could find remedies to those problems and reach conclusions on its complex impacts. The Special Rapporteur should also focus on forms of racism other than those mentioned in his mandate.

The delegate said the so-called "war veterans" in Latvia were in fact former fascists engaged in punitive activities against Russians and other persons. The Latvian authorities had allowed such activities to take place. It was also strange that the commander-in-chief of the army was advising young

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recruits to learn from the veterans who were in fact former SS. The attack on 3 March against Russian pensioners was also to be recalled. Russia could not tolerate the violation of equality; the combat against racism could only be successful through a coordinated struggle. The forthcoming Conference could also be successful if a real contribution was made towards its realization.

CAROLINA RODRIGUEZ DE FANKHAUSER (Guatemala) said that commitment to the elimination of racial discrimination lay in basic principles of United Nations instruments. In December 1996, a peace agreement was signed in Guatemala; the Government hoped that its gradual implementations would satisfy the aims of the people. More than 15 per cent of the population of Guatemala was indigenous and it was necessary to gear all institutions for harmonious interaction. There was some discrimination in Guatemala because of difficulty of access as well as translation problems. However, a pilot administration of justice project was now in place which, among other things, provided trained translators to overcome this discrimination against the indigenous. Guatemala had not yet enforced laws making racial discrimination a crime, but it was attempting to create a national policy to eliminate all forms of the phenomenon. A process of education could help this. Much remained to be done, but the first steps had been taken.

The delegate said his country had noticed with concern the important role that the Internet was playing in promoting racist and xenophobic policies. A ban on this could be a good contribution to the World Conference against Racism, which Guatemala backed.

MAXIME HASHMI (Madagascar) said the delegation was concerned that there was a negative note in the two reports under consideration about rises in racism and racial discrimination, among them in the form of new technologies such as the Internet. Madagascar was an island, and people of all kinds had come there over time and had mixed; that was why its Constitutions proscribed any discrimination of any type. The country had acceded to many human-rights instruments, and had contributed as far as it was able to the efforts of the various decades for eliminating racial discrimination. In other steps, the country had amended its penal code to further prohibit discrimination. The relevant International Convention was now 30 years old; it was a concern that the third decade for combatting racial discrimination had not received sufficient resources; considering the harmful and violent manifestations of racism occurring almost daily, it was clear that more had to be done. A world conference should be convened as soon as possible, with an agenda item on xenophobia as if affected migrant labourers.

NIHAL HASHMI (Pakistan) said Pakistan's commitment to the elimination of racism and racial discrimination in all its forms and manifestations had been deep and consistent. For the past five decades, since Pakistan's independence, the Government had remained in the vanguard of the struggle

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against racism and racial discrimination. Pakistan had consistently supported the struggle for equality of all human beings, regardless of their race, colour or creed. Pakistan's active participation at the United Nations in the elaboration of the Convention on the Elimination of all forms of Racial Discrimination was a clear manifestation of its commitment. The country had also been among the first to sign and ratify the Convention in September 1966. But his delegation was extremely concerned at the growing trend of discrimination against Muslims. There were millions of Muslims in the world who suffered discrimination on the basis of their faith.

SAIDOU NOUROU BA (Senegal) said racism, xenophobia and related phenomena were among today's major challenges. They were undoubtedly among the most harmful of evils and were difficult to combat. Often, when the world thought it had dealt with these ills, their manifestations became more difficult to deal with and more contagious. The United Nations fight against those evils scourges should be strengthened in all it forms. Yet, the third year of the Decade against of Racism had already run into problems; this showed the importance of the forthcoming World Conference against Racism. The results of the Conference would depend on the quality of preparations, therefore the task of the Commission was extremely important. All parties concerned should be involved in preparatory meetings because the objective was not to make accusations but to find solutions.

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For information media. Not an official record.