THIRD COMMITTEE MEMBERS SEE INCREASE IN RACISM, DISCUSS ALSO USE OF MERCENARIES

Press Release
GA/SHC/3533

THIRD COMMITTEE MEMBERS SEE INCREASE IN RACISM, DISCUSS ALSO USE OF MERCENARIES

Expressing profound concern over the increase in racism and hatred being spread on the Internet, the representative of South Africa said his country would offer to host the 2001 conference against racism. He make that statement to the Third Committee (Social, Humanitarian and Cultural) this morning as it began considering issues related to the elimination of racism, racial discrimination and the right of peoples to self-determination.

The offer was contingent on the assurance that adequate resources would be provided, he continued, after speaking on behalf of the Southern African Development Community (SADC) on the urgency of attacking institutionalized and non-institutionalized racism through preparations for the conference. The root causes of racism should be identified, a study should be undertaken on how the Internet could counter racism, and a programme of education should be initiated immediately.

The representative of Cuba said South Africa was the appropriate host for the conference. The new, discriminatory, xenophobic hatred spread by cyberspace racism on the multiplying information highways was spreading racial hatred and instigation toward Neo-Nazi trends in developed countries. The United Nations should give priority to funding the conference in view of the donor community’s apathy.

The representative of Senegal also supported the holding of the 2001 world conference on racism in South Africa.

The responsibility for eradicating racism and xenophobia did not rest solely on the shoulders of the United Nations, the representative of the United States said. He supported the holding of United Nations conferences in the United States because of significant savings in expenses for both the United Nations and for national delegations. Substantatively, the conference should not be a finger-pointing exercise but should highlight best practices.

Addressing the Committee today, the Deputy Director of the New York Office of the High Commissioner for Human Rights reported on

Third Committee - 1a - Press Release GA/SHC/3533 19th Meeting (AM) 21 October 1999

activities of the High Commissioner’s Office during the year. Speaking on behalf of the Special Rapporteur on Racism, she reported on country issues he had studied.

Also addressing the Committee, the Special Rapporteur on the use of mercenaries said privatization of security and armed conflict freed States from their obligations to defend their citizens and seek peace, which was very dangerous for human rights.

The representatives of Finland, Liechtenstein, Iran, Austria, Ecuador, Ukraine and Republic of Congo also spoke.

The Committee will meet again this afternoon at 3:00 p.m. to continue its consideration of issues related to racism and racial discrimination, and to the right of peoples to self-determination.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to begin considering questions related to the elimination of racism and racial discrimination, as well as the right of peoples to self-determination.

The Committee has before it the relevant section of the Economic and Social Council’s 1999 report (document A/54/3: see press release GA/SHC/3529 of 18 October). It also has before it a report of the Committee on the Elimination of Racial Discrimination, still to be issued, and reports of the Secretary-General on preparations for the world conference against racism and related intolerance; on the Programme of Action for the Third Decade to combat racism and discrimination; and on the universal right of self-determination. Notes by the Secretary-General transmit the reports of two Special Rapporteurs, one on combating contemporary forms of racism and the other on use of mercenaries for violations of human rights.

Documents

The report of the Committee on the Elimination of Racial Discrimination (document A/54/18) is to be issued.

The Secretary-General’s report on the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance has been incorporated into his report on implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination (document A/54/299). In that report, the Secretary-General outlines the steps taken to implement the Third Decade, which began in 1993. Among those actions, a study on the economic factors contributing to the perpetuation of racism and related forms of discrimination had been conducted, with the results to be submitted to the Preparatory Committee for the Conference at its first session in Geneva during May 2000. Also summarized are activities of a racism project team established by the Office of the United Nations High Commissioner for Human Rights; proposals for obtaining resources to implement and supplement the Programme of Action; and the status of the Trust Fund for the Programme of Action.

Also summarized in the report is progress made in preparing for the Conference through a working group established by the Commission on Human Rights, which is acting as the preparatory committee for the Conference. Substantive issues considered by the working group included themes for the Conference; ensuring application of international standards and compliance with instruments for combating racial discrimination; activities aimed at fighting racism at the international, regional and national levels; progress achieved and obstacles remaining in fighting racism; actions increasing United Nations effectiveness; and proposals for obtaining the resources needed to prepare for the Conference.

The procedural issues considered by the working group are also outlined in the report. The Commission on Human Rights recommended that the Conference be held in 2001 and that absent an invitation being extended by a State, the Conference would be held in Geneva.

Transmitted by a note of the Secretary-General, the report of the Special Rapporteur on measures to combat contemporary forms of racism and racial discrimination (document A/54/347) states that violent forms of racism, racial discrimination, xenophobia and anti-Semitism coexist with new, more insidous and subtle forms. Verbal racism and xenophobia are ingrained in society as a result of the increasing sophistication of racially motivated acts, racial discrimination and anti-Semitism of which the members of the extreme right and neo-Nazi organizations are the main purveyors. The report states that, in the absence of substantive replies from Member States with respect to those problems and given the reluctance of victims of discrimination to lodge complaints, it was difficult to get a full picture of the daily manifestations of racism and xenophobia.

According to the report, the General Assembly and the Commission on Human Rights had recommended that all States and related agencies transmit to the Special Rapporteur the necessary documentation and information and respond to his requests. The use of the Internet to incite racial hatred, racial discrimination and xenophobia was becoming an issue of serious concern, the report states.

The Secretary-General’s report on the universal realization of the right of peoples to self-determination (document A/54/327) states that the Commission on Human Rights considered two issues with regard to that right. One issue concerned the right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation. On that issue, the Commission adopted two resolutions, one concerned the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self- determination, and the other concerning the question of Western Sahara. On the other issue, regarding the question of the violation of human rights in the occupied Arab territories, including Palestine, the Commission adopted a resolution on the situation in occupied Palestine.

Again, transmitted by a note of the Secretary-General, the report of the Special Rapporteur on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (document A/54/326) states that the Special Rapporteur expressed his appreciation to the Government of the United Kingdom for its invitation to visit on official mission in January 1999. The meetings resulted in a significant concurrence of opinion on the treatment of mercenary activities, on the assessment of situations, and on procedures for better regulation of private companies offering security services and military assistance.

According to the report, mercenary activities continue and have taken new forms. One of the new developments is the recruitment and hiring of mercenaries by private companies offering security services and military assistance and advice. Such companies promote themselves as multifaceted, versatile, technologically advanced and capable of rapid evolution and adaptation to specific circumstances. They claim a comparative advantage over regular forces in their command, communications, control, computer and intelligence systems.

The report states that mercenary activities impede the exercise of the right of peoples to self-determination and jeopardize the sovereignty of States. As the recruitment and hiring of mercenaries has become more businesslike, the number of mercenaries has increased. Mercenary activities cannot be successfully combated with existing rules and they are not classified as a separate criminal offence in the criminal law of most States. Africa remains the continent where mercenaries are most active with Angola, the Republic of the Congo, Sierra Leone and the Democratic Republic of the Congo being the main areas of mercenary activity. Despite the United Nations embargo, the National Union for the Total Independence of Angola (UNITA) continues to procure arms and the services of mercenaries.

The UNITA is estimated to have raised from $3 billion to $4 billion by exporting diamonds from the area it controls and it enables them to recruit mercenaries and acquire sophisticated weapons.

According to the report, nearly 10 years have passed since the General Assembly adopted the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, yet only 19 States have so far agreed to be bound by it. In order for the Convention to enter into force, 22 States must ratify or accede to it.

Among the recommendations made in the report is the request to United Nations Member States to classify mercenary activities as a crime in their internal criminal law. In addition, Member States should ratify or accede to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. Also, the Office of the High Commissioner for Human Rights should publicize the adverse effects of the activities of mercenaries on the enjoyment of human rights. Furthermore, that Office should, when requested, render advisory services to States affected by mercenary activities.

Address by Special Rapporteur on Use of Mercenaries

The Special Rapporteur on the Use of Mercenaries, Enrique Bernales- Ballesteros, said his visit to London this year had been supported by the British Government. He had investigated and discussed issues related to British private activities offering security services in the market. The British Government had suggested specific descriptions in regard to mercenary activities in order to avoid generalizations. Security firms recruiting mercenaries should be categorized differently from military security agencies which also recruited mercenaries to participate in combat. Furthermore, such activities should be conducted under the supervision of a special public agency.

Private firms who provided the mercenaries acted mainly in regions where there were armed conflicts and where governments had authority problems, he said. Those firms were moved by reasons which were alien to those States’ real needs. The British Government had expressed its concern in regard to mercenary activities, mainly in Africa. They had indicated that, because those activities were of a criminal nature, they deserved to end up at a judicial tribunal. The criminality of mercenary acts should be considered. Security companies which hired those people were also accountable for those actions. Those hired, as well as those hiring, should be responsible. It was dangerous that those companies were not limited by any legal regulation. Legislation should regulate such activities. Private companies responded to their own interests, which were alien to that of States. Private security firms benefited financially from mercenary activities. States should prohibit the forming of those private units which benefited from armed conflicts and States’ problems. A State was weakened by the forming of such units.

The privatization of security and of war meant that States were liberated from their obligations to defend their citizens and to seek peace, he continued. They were dealing with the security of people and, in the area of human rights, such actions were very dangerous. If the international community remained passive to such actions, that could be interpreted as tolerating foreign intervention. The General Assembly needed to repeat to the Office of the High Commissioner for Human Rights the need to disseminate the negative effects of mercenary activities by publishing a brochure on those questions.

Address by Deputy Director of New York Office of High Commissioner for Human Rights

ELSA STAMATOPOLOU-ROBBINS, Deputy Director of the New York Office of the High Commission for Human Rights, speaking on behalf of the Special Rapporteur on Racism, said racist sentiments had been on the increase. No border was safe from it. Since the victims of racism were the Special Rapporteur’s concern, his attention had been called to the aborigines in Australia, the so-called untouchables in India and the groups of gypsies in nearly every country of Europe.

The Special Rapporteur had also considered the situation in those countries where the Roma were meeting with discrimination, she said, such as Hungary and Romania. The Governments of those countries had been very cooperative and measures had been taken to improve their situation. The situation of discrimination against the Roma was due to the transition to a market economy that made the employment situation difficult as well as to centuries-old prejudice. In the Czech Republic, the Roma’s situation was exacerbated by a problem with skinheads.

She said recommendations to the Governments had included the advice that they avoid measures setting the Roma out from the population at large, such as placing children in special schools for their protection. Governments had been encouraged to take measures such as altering attitudes through education and information programmes. It had also been suggested that they involve the Roma in decision- making processes. In Hungary, for example, the Government had been encouraged to promote the integration of Roma in rural villages.

France had implemented important anti-racism legislation, she said. Ethnic hatred and intolerance were still a scourge; that affected the lives of people everywhere. The world conference on racism-related issues would lead to important steps forward.

Speaking on behalf of the High Commissioner for Human Rights, Ms. STAMATOPOLOU gave a summary of activities with regard to the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee on the Elimination of Racial Discrimination had considered 21 State reports during the past year. Those had shown racial discrimination and ethnic divisions to persist, sometimes with alarming and dramatic consequences. The Committee had remained actively involved in preparing for the world conference on racism. The number of States which had ratified the Convention was 155.

She also reported on progress made in preparing for the world conference on racism. Measures included completing a study on economic factors contributing to racism, research projects, and the setting up of an Internet site.

Question and Answer Session

The representative of Finland asked a number of questions on behalf of the European Union, including a request for an update on country situations, and for clarification on the use of mercenaries by private companies. Had there been any positive developments in regard to racism?

The representative of Liechtenstein asked a question regarding the bombings in Africa last year as well as about the convention to combat terrorism.

The representative of Iran asked about activities and resources with regard to the world conference on racism.

In reply to the several questions addressed to him, the Special Rapporteur, Enrique Bernales-Ballesteros explained that visits were being planned, for example, to Sierra Leone. Visits to African countries were vital. At least two of those visits could be carried out next year. Those visits were based on direct communication with governments. Also, non-governmental organizations were working very actively in the field.

In reply to the question by the representative of the European Union, Mr. Bernales-Ballesteros said the concept of transnational firms offering mercenary services was a new one. They were selling security like others sold other products. However, there were countries where those services were legal establishments. Those companies followed police regulations and the weapons they used were controlled. His Office had no objection to those firms. Transnational security which gave some military consultancy was acceptable. There were companies which had professionals offering such services. The latter was not considered to be a mercenary activity.

The problem of mercenaries arose when a State’s weakness was taken advantage of and regular armies were replaced and new ones hired to participate in armed conflicts, he continued. If mercenaries had not played a role in Sierra Leone, many human rights violations would not have occurred. Private companies intervened in that country by forming armies and being paid from the country's resources. That had been a very serious mistake because the interest of firms which sought to profit were different from the national interests of States. Regional peace mechanisms were necessary to counteract such actions.

In reply to another question, Mr. Bernales-Ballesteros explained that mercenaries legitimized their activities through those companies which hired them and guaranteed them a very good income.

In regard to the definition of a mercenary, Mr. Bernales-Ballesteros said that it had been very difficult to work as there was a gap in regard to the international concept of the mercenary. Accession to the international Convention on the use of mercenaries was imperative. Only 19 States had so far acceded to that Convention; three more were needed for its entry into force. States should study it and consider accession. Plans to hold an independent expert meeting on the definition of mercenaries were being discussed.

In reply to a remark that the lack of employment increased the number of mercenary activities, Mr. Bernales-Ballesteros agreed. He hoped for the establishment of domestic laws that would allow States to be more effective in their struggle against mercenary actions.

On the question of adding the mercenary problem to the draft convention on terrorism, Mr. Bernales-Ballesteros said the first priority should be to ensure that the Convention on the elimination of mercenary activities be ratified. There was a close relationship between terrorist and mercenary activities. Terrorist activities were, many times, carried out by mercenaries. Both Conventions served the same purpose in assuring better human rights worldwide.

Ms. STAMATOPOLOU-ROBBINS said some resources had been allocated towards activities for the conference, including regional meetings. The Ford Foundation had made a contribution enabling a core secretariat to be set up.

The representative of Austria said his country was a democratic country which had given homes to refugees from the Balkans. He asked for clarification on the technical assistance offered by the Office of the High Commissioner for Human Rights.

Mr. BERNALES-BALLESTEROS said that was up to the Assembly. Certainly assistance was given to a State in armed conflict. For example, the Office provided technical assistance for setting up and strengthening human rights institutions in countries affected by armed conflict. An expert group could provide more detail on practical assistance, for example, on how to absorb into the job market people against whom there was discrimination.

Statements

SIM FARAR (United States) said the responsibility for eradicating racism and xenophobia did not rest solely on the shoulders of the United Nations. National efforts needed to continue with mutual support and a sharing of information on progress. Towards that end, there should be good coordination between all actors in preparing a well-balanced agenda for the 2001 conference on racism.

He said his country fully supported the holding of United Nations conferences in the United States because of significant savings in expenses, both for the United Nations and for national delegations. Substantively, the racism conference should not focus on past or present practices or problems. The conference should not be a finger-pointing exercise but should highlight best practices.

DUMISANI KUMALO (South Africa), speaking on behalf of the Southern African Development Community (SADC), said his continent had faced more than its fair share of incidents of racism, injustice and colonialism. It was of profound concern that the struggle for equality was hampered by weak laws defining discrimination, by poor enforcement of those laws and by inadequate sentences for racially-motivated crimes. That was all the more disturbing in view of the rise in subtle forms of racism such as that being spread on the Internet.

The SADC welcomed the world conference on racism, he said. A study should be undertaken as to how the Internet could be used to counter racism, and a programme of education for human rights should be initiated immediately. Both institutionalized and non-institutionalized racism had to be attacked, particularly on behalf of those who were double victims, such as women who were victims of both racism and sexism.

The conference itself should examine the basis of racism, he said. Adequate resources had to be provided for the entire, comprehensive programme. Attention should be given to providing tangible relief to the victims of racism and a number of points should be kept in mind: adequate resources must be provided on a timely basis; an information campaign about the conference should be initiated immediately; and national and regional strategies must be devised. South Africa would offer to host the conference if it was assured that adequate resources would be provided.

JOHAN SCHALIN (Finland), speaking on behalf of the European Union and the countries associated with it, said in order to understand and combat racism the concept had to be approached comprehensively, encompassing all forms of racial discrimination.

The European Union had adopted a broad range of concrete measures to fight discrimination and combat racism against vulnerable groups, in particular migrants, refugees and minorities, he said. The entry into force on May 1999 of the Amsterdam Treaty had strengthened the position of human rights in the European Union. In addition, a solid legal framework had been established by the Council for European Conventions and their mechanism, most notably the European Convention on Human Rights. An important new development was the establishment of a new post of Europe’s Commissioner for Human Rights. Furthermore, the European Union underlined the importance of ensuring full respect for the human rights of the Roma and Sinti populations.

The work of non-governmental organizations was essential for sensitizing national public opinion in the objectives of the world conference against racism, he continued. Violent conflicts were the most extreme forms of racism. Better consideration by regional and local administrations of the special needs of minorities and indigenous populations was imperative. Moreover, governments must ensure effective protection and remedies against acts of racial discrimination through competent national tribunals and other bodies. Education and awareness- raising were among the means to achieve concrete results.

In regard to the right to self-determination, violation of that right constituted a threat to the freedom and dignity of persons, he said. It was the responsibility of States that everyone enjoyed freedom of thought and expression, including the right of assembly and association, as well as the right to effective participation. Also, minorities should fully participate in public life without fear of reprisal. “The European Union urges States to make serious efforts to strengthen democratic institutions, democratic governments and a democratic electoral system”, he emphasized. In addition, people must be allowed to change their government regularly without fear of a coup d’état or other undemocratic consequence.

IBRA DEGUENE KA (Senegal) said that ethnic conflicts, laws of national preference and employment discrimination were indicators of the fragility of our societies.

A world conference against racism could not exclude anyone, he said. All governmental, as well as non-governmental organizations, the private sector, the arts, cultural and sports sectors should participate. Awareness of the conference should be stressed in educational bodies, as well as on the Internet. Funds for that conference were necessary.

The conference needed to include several different topics: the international mechanism necessary for implementation of the Convention on all forms of discrimination; the historical, economic, social and psychological factors that contributed to racism; and the treatment of migrants and refugees. Furthermore, it was important that it touched upon the channels for reparation in cases of discrimination and the use of information technologies for non-racial purposes. He encouraged the holding of that conference in South Africa in 2001.

LUIS ALBERTO AMOROS NUNEZ (Cuba) said racism was cropping up in new forms. Discrimination against immigrants was a most vile form of racism in developed societies, where immigrants were the victims of institutionalized racism. They were denied health care and social welfare even though many of them were only children. The situation was growingly alarming with the new discriminatory, xenophobic hatred. Neo-nazi trends were increasing and had gained space on a political spectrum based on social exclusion. With the multiplying information highways being improperly used for racial hatred, and instigation through cyberspace racism, a code of conduct for Internet users and servers could no longer be delayed. Spreading racial superiority was a legitimate reason for restricting speech.

Despite the negative picture, he said, there was hope that after years of neglect due to lack of resources and coordinating mechanisms, the Third Decade to Combat Racism and Racial Discrimination would finally be activated. Resources should be given priority by the United Nations in view of the donor community’s apathy. For the conference itself, there should be a timely formulation of specific means and measures by which to fight racism at the global level. South Africa would be a most appropriate host for the conference.

MONICA MARTINEZ (Ecuador) said her country had ratified the Convention on the Elimination of Racial Discrimination and had reformed its legislation accordingly. The world conference against racism would mark a new era for humanity. It would be an opportunity to implement a concept discussed daily at the United Nations.

She said equality was an ideal espoused by all those at the United Nations as a fundamental principle. No one, however, had a real concept of what it would be like for everyone to be equal. In the twentieth century, the truth of the saying that the darkest hour came before dawn was certainly applicable. Humans had made the greatest of gains in technology, and those were being used for the basest purposes of racism. The cnference must be made a success to reverse that.

OKSANA BOYKO (Ukraine) said early warning procedures to improve the ability of the United Nations to prevent conflicts resulting from racial and ethnic tensions needed to be established. No country in the world was secure from racist manifestations. National governments bore the primary responsibility for the elimination of racial discrimination.

Special importance was attached to the rights of national minorities, which constituted more than a quarter of her country’s population. A reliable legal basis had been created to protect their rights and establish true equality of all nationalities. In regard to the right to self-determination, it should not be viewed as a way to dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. Also, the principle of self-determination did not automatically imply the right to territorial secession. She rejected the “alleged identification of some mercenaries in Angola as nationals of the Ukraine” in the report of the Special Rapporteur on the Use of Mercenaries.

HENRI BLAISE GOTIENNE (Congo) said the report of the Special Rapporteur on the Use of Mercenaries was full of false allegations and incorrect information on his country.

In explanation of another misunderstanding in that report, he said that oil fields had been developed in his country since 1957 by French companies. Oil had become profitable only after Occidental Petroleum came to play a role. After that, other companies came.

The armed private militia in his country only appeared in 1965- 1966 and then, in 1993-1997. That militia destroyed railroads and entire industries, as well as infrastructures, and used the local population as human shields. Those “bandits” had assumed the role of heroes, which should be considered a demonstration of ignorance. In addition, the report mistakenly stated that combat was taking place in his country. Today, his country had resumed international activities and festivities. Also, representatives of the World Bank were visiting it. Violence had been eradicated and political dialogue with the opposition had started. He wondered where the Rapporteur had carried out his “frivolous” inquiry.

* *** *