HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON VIENNA DECLARATION AND PROGRAMME OF ACTION, AND ON RACISM AND RACIAL DISCRIMINATION
The Human Rights Council today held a general debate on the follow-up to and implementation of the Vienna Declaration and Plan of Action, and then held an interactive dialogue with the Working Group of Experts on People of African Descent, followed by a general debate on racism, racial discrimination, xenophobia and related forms of intolerance.
In the general debate on the follow-up to and the implementation of the Vienna Declaration and Programme of Action, speakers stressed the importance of combatting discrimination on all grounds, including against women and lesbian, gay, bisexual and transgender persons. They highlighted the fundamental role of civil society organizations, and strongly condemned unacceptable acts of intimidation and reprisals against human rights defenders. Some speakers expressed concern over violations of the rights of migrants in European States, and the rise of xenophobia, stigmatization and marginalization of migrants there. They called for better efforts to combat these trends, noting that security driven and discriminatory policies were counter-productive. International cooperation was also required for addressing the root causes of the current migration crisis in Europe.
Speaking were: Luxembourg on behalf of the European Union, Pakistan on behalf of the Organization of Islamic Cooperation, Algeria on behalf of the African Group, Denmark on behalf of Nordic States, Argentina on behalf of a group of countries, Ukraine on behalf of a cross-regional core group of countries, United States on behalf of a group of countries, Ireland, Netherlands, Cuba, Venezuela, United Kingdom, Russian Federation, China, United States, South Africa, Montenegro, Morocco, Spain, Iran, Slovenia, Uruguay, Australia, and Sudan.
Also taking the floor were the following non-governmental organizations: Helios Life Association, Americans for Democracy and Human Rights in Bahrain, Action Canada for Population and Development, Murder Victims’ Families for Human Rights, Africa Speaks, Maarij Foundation for Peace and Development, Advocates for Human Rights, Human Rights Law Centre, Pasumai Thaayagam Foundation, Institut international pour la paix, la justice et les droits de l’Homme, Global Network for Rights and Development, World Association for the School as an Instrument of Peace, Press Emblem Campaign, Cameroon Youth and Students Forum for Peace, International Service for Human Rights, Agence pour les droits de l’homme, Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos, Iranian Elite Research Centre, Iraqi Development Organization, Arab Commission for Human Rights, World Muslim Congress, World Barua Organization, Al-Salam Foundation, Khiam Rehabilitation Centre for Victims of Torture, Organization for Defending Victims of Violence, Mbororo Social and Cultural Development Association, Centre for Human Rights and Peace Advocacy, Liberation, Agence Internationale pour le Développement, Alliance Defending Freedom, Verein Südwind Entwicklungspolitik, Rencontre Africaine pour la Défense des Droits de l'Homme, Action Internationale Pour la Paix et le Développement dans la Région des Grands Lacs, Africa Cultural Internationale, Solidarite Suisse-Guinee, Amnesty International, Prahar, Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, Marangopoulos Foundation for Human Rights, Commission africaine des promoteurs de la santé et des droits de l’homme, International Humanist and Ethical Union, and World Environment and Resources Council.
Mirelle Fanon Mendes, Chairperson of the Working Group of Experts on People of African Descent, said that during its fifteenth session, the Working Group undertook reflection on its mandate, including on its role within the framework of the two adopted mechanisms, the International Forum and the United Nations Declaration on People of African Descent, while during the sixteenth session, it had focused on issues of development and people of African descent with the aim of documenting the consequences of the historic injustices, including the black salve trade, slavery and colonialism. It was noted that despite the economic growth, people of African descent continued to suffer under-development and discrimination in access to basic services. The Chairperson also presented the reports from country visits to the Netherlands and to Sweden.
The Netherlands and Sweden spoke as concerned countries. The Netherlands institute for Human Rights also spoke.
In the ensuing interactive dialogue, speakers expressed concern about injustice affecting people of African descent throughout the world, and the increase in racism, racial discrimination and xenophobia. They stressed the corrective impact and an important preventive role of affirmative action, and said that the International Decade for People of African Descent presented an opportunity to take stock of the efforts made in the uplifting of the conditions of people of African descent, and to make recommendations for the future. The outcome document of the Sustainable Development Goals should lead to the protection of human dignity and human rights for all, they said, as development could only be sustainable if accompanied with respect of human rights.
Speaking were the European Union, Saudi Arabia on behalf of the Arab Group, Algeria on behalf of the African Group, Ecuador on behalf of the Community of Latin American and Caribbean States, United States, Brazil, Tunisia, Nigeria, Namibia, Cuba, Venezuela, Morocco, Costa Rica, Egypt, Ghana, South Africa, Iran, Algeria, and the Bahamas.
Also speaking were the International Youth and Student Movement for the United Nations (joint statement), Cameroon Youth and Students Forum, Global Network for Rights and Development, Maarij Foundation for Peace and Development, and Africa Speaks.
The Council then held a general debate in which speakers said that racism, racial discrimination, xenophobia and related forms of intolerance negated the core human rights principles of equality, non-discrimination, human dignity as well as cultural and religious diversity. They expressed concern about the emergence of new forms of racism, and the increase of racist and xenophobic platforms in industrialized nations, where the resistance to hate speech was being weakened under the guise of freedom of expression.
Luxembourg on behalf of the European Union, Saudi Arabia on behalf of the Arab Group, Pakistan on behalf of the Organization of Islamic Cooperation, Cuba, Venezuela, Russia, China, United States, Pakistan, Council of Europe, Greece, Iran, Colombia, Uruguay, and Bahrain took the floor. Also speaking were the International Youth and Student Movement for the United Nations (joint statement), Iranian Elite Research Centre and Agence Internationale pour le Développement.
The Human Rights Council will meet at 9 a.m. on Tuesday, 29 September, to conclude its general debate on racism, racial discrimination, xenophobia and related forms of intolerance. It will then hold interactive dialogues on the oral updates on the human rights situation in Ukraine, the Democratic Republic of the Congo, Libya, Cambodia and Sudan under the agenda item on technical assistance and capacity building.
General Debate on Follow-up to and Implementation of the Vienna Declaration and Programme of Action
Luxembourg, speaking on behalf of the European Union, stressed their commitment to the Vienna Declaration and Programme of Action and underlined the importance of human rights education. They stressed the importance of combatting discrimination on all grounds, including against women and lesbian, gay, bisexual and transgender persons. The European Union highlighted the fundamental role of civil society organizations, and strongly condemned unacceptable acts of intimidation and reprisals against human rights defenders.
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, highlighted the importance of the principle of non-discrimination enshrined in the Vienna Declaration and Programme of Action. They were concerned about violations of the rights of migrants in European States, and the rise of xenophobia, stigmatization and marginalization of migrants there, and called for better efforts to combat these trends. Security driven and discriminatory policies were counter-productive, and a human rights-based approach was needed. International cooperation was also required for addressing the root causes of this crisis.
Algeria, speaking on behalf of the African Group, was concerned about violations of the rights of migrants and refugees, often left at the mercy of mafia groups and smugglers as a result of restrictive migration policies that were put in place. It was important and urgent that measures were taken by some countries, including the ratification of international instruments relating to the protection of migrants. The World Conference on Human Rights reaffirmed the universality and inalienability of the right to development, and it was regrettable that States continued to differ in the implementation of the Declaration on the Right to Development.
Denmark, speaking on behalf of Nordic countries, said the High Commissioner’s latest report on discrimination and violence against individuals based on their sexual orientation and gender identity painted a gloomy picture. But the report also highlighted best practices on how to counter violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons. This taboo would be tackled step by step, by the leadership of political, religious and other public and private leaders.
Argentina, speaking on behalf of a number of countries, stated that positive progress had been made at various levels when it came to fighting discrimination and violence against lesbian, gay, bisexual, transgender, and intersex persons. There was no special international human rights mechanism applied to the rights of lesbian, gay, bisexual, transgender and intersex persons. The issue ought to be dealt with systematically and comprehensively.
Ukraine, speaking on behalf of a cross-regional core group of countries, stressed the important role of prevention of human rights violations in overall strategies for the promotion and protection of all human rights. There was a need for more evidence-based research to advance the understanding and effective implementation of measures that could prevent human rights violations.
United States, speaking on behalf of a group of countries, reiterated the import role of civil society in strengthening the rule of rule and the promotion of democratic values. People working together freely brought vibrant and pluralistic societies, which in turn reinforced tolerance. It therefore called against reprisals or harassment and jailing of individuals who cooperated with United Nations bodies and of civil society activists. The United States pledged to strive to review its own legislation and policies to ensure that non-governmental organizations did not have burdensome registration requirements.
Ireland reminded that the Vienna Declaration and Programme of Action obliged States to reaffirm that human rights were universal, indivisible and interdependent. Ireland expressed deep concern about serious human rights violations on the basis of sexual orientation and gender identity. It reiterated the role of civil society in the development and strengthening of human rights and called for special emphasis on this, as civil society actors continued to face barriers in law and practice.
Netherlands warned of the voices that were discouraging to make the realization of human rights a central theme of international concern, using the issue of national sovereignty as an excuse. It was not enough to say that the Government did not discriminate but that it left the rest to society. The Government had a clear task to not only promote human rights, but to exercise due diligence in protecting human rights.
Cuba believed in the principle of the interdependence of all human rights. The reality was that, on the seventieth anniversary of the United Nations, the goal of granting economic, social and cultural rights had not been treated the same way as granting civil and political rights. The right to food, for example, was of paramount importance. It was entirely possible to evaluate their progressive realization. It was imperative to avoid the violation of the rights of hundreds of thousands of migrants arriving to Europe.
Venezuela said that the principles established in the Vienna Declaration had been undermined by the imposition of the hegemonic interest using human rights to impose a particular political and economic vision of the world. It was up to the sovereign will of States to promote their own models of development and democracy. Venezuela restated the importance of the right of development as an essential human right. The immediate cessation of unilateral coercive measures against the countries of the south was needed.
United Kingdom stated that human rights were universal and should apply equally to all people. The international community should thus address all forms of discrimination, including on the basis of sexual orientation and gender identity. For too long, the Council had remained silent on discrimination and violence against lesbian, gay, bisexual, and transgender people, but in 2014, it had adopted its second resolution on sexual orientation.
Russian Federation underlined that the Human Rights Council should be guided by the principle of cooperation. Unfortunately, recent discussions had been politicized and the Council had become instrumentalized by certain States, which wanted to impose new understandings of human rights under the guise of universality. This would only lead to the increase of confrontation. As a result, the United Nations system would not be seen as trustworthy. Cooperation was the only way to avoid such a trend, and would effectively help build national capacity.
China stated that it was committed to improving human rights through international cooperation, adding that the development of human rights was directly related to social and economic development. It reminded that the Vienna Declaration reaffirmed the right to development as a fundamental right. Global development was not in balance, which seriously affected the enjoyment of human rights. Thus the post-2015 development agenda was an important opportunity to address those imbalances.
United States denied that it had laws that restricted civil society. The ability of a person to organize with others and form groups was highly valued in the United States, and its laws were designed to support and help people who want to form civil society organizations. The Foreign Agents Registration Act covered “all persons,” including any individual, corporation and association that was an agent of a foreign principal, but it provided a number of exemptions from registration and it did provide transparency.
South Africa said that the Vienna Declaration remained the only instructive document addressing the protection and promotion of human rights in a comprehensive manner. Despite major achievements in Vienna, it was disconcerting that the right to development and economic, social and cultural rights were not receiving proper attention in the Council. As a result, there were no legally binding documents on the right to development or the right of peasants, for example.
Montenegro stressed that the fundamental rights of everyone, including lesbian, gay, bisexual, transgender and intersex persons, had to be protected, without excuse. Taking active measures to combat homophobic and transphobic violence and discrimination was a clear priority of the Government of Montenegro, which was a co-sponsor and a member of the Group of Friends for the 2014 Council resolution on combatting violence and discrimination based on sexual orientation and gender identity. It was of utmost importance to understand that cultural relativism should not exclude universal standards.
Morocco said that for more than two decades, Morocco had been carrying out strategic structural reforms to better protect human rights across its entire territory. The reforms affected particularly the rights of women and children, education and health. National institutions to protect and promote human rights had been strengthened. The qualitative contribution of the 2011 Constitution in that regard was undeniable. The Vienna Declaration was of undeniable validity and relevance.
Spain said that the Vienna Declaration and Programme of Action were the universal commitment to the promotion and protection of human rights with no exception, and the commitment to fight all forms of discrimination at the heart of it. The fight against all forms of discrimination enjoyed unequivocal support of the Member States of the Human Rights Council, all expect discrimination against lesbian, gay, bisexual, transgender and intersex persons, on the grounds of cultural, religious and societal relativism.
Iran said that the Vienna Declaration and Programme of Action underlined universality, objectivity and non-selectivity in consideration of human rights and the importance of key concepts such as the enhancement of international cooperation and cultural diversity. However, matters like the enhancement of international cooperation in the field of human rights and attention to regional and national specificities had not received the required attention by the United Nations human rights bodies. At the same time, the establishment of country-specific mandates and unilateral coercive measures ignored that the Declaration called on States to refrain from such steps.
Slovenia said that the Vienna Declaration and Programme of Action reaffirmed the universality of human rights and the principles of equality and non-discrimination. Lesbian, gay, bisexual, transgender and intersex persons were entitled to the same human rights and fundamental freedoms as everyone else. Cultural, traditional and religious values could not justify any form of discrimination, including discrimination based on sexual orientation and gender identity.
Uruguay stated that a robust civil society was a fundamental component of the rule of law and a basic element for the full realization of human rights. It reiterated its firm rejection of any attempt to restrict and limit the work of civil society through various forms of intimidation and repression. States had to guarantee the security of those who cooperated with the international system for the protection of human rights.
Australia noted that efforts need to be redoubled in order to prevent human rights violations and abuses. In that respect it welcomed the ongoing work of the Office of the High Commissioner for Human Rights, including its latest report on the role of prevention in the promotion and protection of human rights. The prevention of human rights violations required States to proactively and systematically address risk factors.
Sudan stated that its Constitution enshrined rights for all its citizens, which were then translated into several pieces of legislation. It stressed the importance of cultural and social differences of each country. Social values should be taken into account in the promotion and protection of human rights.
Helios Life Association said that corruption was rampant and universal. The true cause of corruption was corruption of thought, the greed within ourselves. Corruption was much more than just the abuse of public power and position for private gains. It was not the power that corrupted, but fear – fear of losing the power. It called for the Council to create a United Nations Working Group on education for life.
Americans for Democracy and Human Rights in Bahrain Inc. raised concern about the negative trend of restrictions of the right to freedom of expression, and called on all States that criminalized free expression to ensure international standards in line with the Vienna Declaration and Programme of Action.
Action Canada for Population and Development, in a joint statement with, Federation for Women and Family Planning, said that today was a global day of action on safe and legal abortion and reminded that the Vienna Declaration and Programme of Action was a milestone for the human rights of women. Access to comprehensive sexual and reproductive health services, including access to safe and legal abortion, still remained a significant problem in many countries due to its criminalization.
Murder Victims’ Families for Human Rights said that the world drug problem had severe negative impacts on human rights, and the benevolent intent was transformed too often into the codification of the death penalty for drug-related crimes. This was in spite of the reality that the death penalty did not reduce drug use and there was no positive or productive use or societal benefit in executing people for drug-related crimes.
Africa Speaks reminded that the Vienna Declaration, among several other objectives, sought to address racism, racial discrimination, xenophobia and other forms of intolerance. While many African nations had made great strides in tackling racial intolerance and xenophobia in recent years, discrimination against certain communities continued across the continent. Persons with albinism faced mistreatment, abuse and violence in southern and eastern African countries.
Maarij Foundation for Peace and Development condemned all attempts to intimidate non-governmental organizations through arbitrary judicial proceedings and expressed its full support to the Global Network for Rights and Development following the unjustified raid on its offices in Norway. It requested that Norway granted the Global Network for Rights and Development an official answer for such a decision, in line with the provisions of the Vienna Declaration and Plan of Action.
Advocates for Human Rights drew attention to the impact of the world drug problem on the enjoyment of human rights, in particular the impact of violent transnational criminal gangs in Central America, fuelled by profits from the trade in illegal drugs. The United States violated the fundamental rights of asylum seekers by failing to recognize victims of transnational criminal gangs as refugees, even when such gangs operated as quasi-state actors that routinely tortured, raped and killed those who resisted recruitment.
Human Rights Law Centre, in a joint statement with, Allied Rainbow Communities International; International Service for Human Rights; and International Lesbian and Gay Association, noted that it was disturbing that in 22 years since the adoption of the Vienna Declaration and Plan of Action, people continued to suffer systemic discrimination, violence and persecution as a result of their sexual orientation, gender identity and intersex status, or because of their work to stand up and speak out for equal rights.
Pasumai Thaayagam Foundation thanked the Office of the High Commissioner for Human Rights for the investigation on Sri Lanka and said that the recommendations could only assist the country in finding solutions. Significant international involvement in the justice process in Sri Lanka was needed, including through setting up a credible accountability mechanism. Thousands of Tamils remained missing and there were reports about ongoing sexual violence.
Institut international pour la paix, la justice et les droits de l’homme highlighted the principles of equality and non-discrimination in the Universal Declaration of Human Rights and noted with concern that the main objectives of the Decade to combat racial discrimination had not been achieved. Millions of persons still suffered racial discrimination.
Global Network for Rights and Development applauded the global efforts to support child rights and noted that the rights of children continued to be violated in conflict situations with total impunity. Millions of children fled the conflict and while on the move, they were extremely vulnerable to be exploited by human trafficking gangs. The international community should combine its efforts and commitment to overcome the challenges and pave the road for the future of the planet.
World Association for the School as an Instrument of Peace said that since 1998, each election in Cambodia had been marked by fraud and corruption. In 2012, the Council had issued a recommendation for the reform of the electoral system in this country, which the Government ignored, leading to a social and constitutional crisis, in direct violation of the Vienna Declaration and Programme of Action.
Press Emblem Campaign regretted that impunity remained the rule in most cases with the unwillingness of the authorities to prosecute perpetrators. Journalists and human rights defenders should fully enjoy the right to freedom of expression. The organization drew attention to cases of violations of the right to freedom of expression in Mexico, Honduras, Brazil, Guatemala, Colombia, Paraguay, Ecuador and Venezuela.
Cameroon Youths and Students Forum for Peace drew attention to the importance of the elimination of gender-based violence, sexual harassment, exploitation and trafficking in women. It urged States to combat violence against women by adopting effective legislation and practices which would ensure women’s full and equal participation in all aspects of life.
International Service for Human Rights stated that a number of States had failed to follow-up on recommendations and communications from the United Nations bodies and mechanisms. For example, Sudan had received a communication in May 2015 on a case of arbitrary detention. Oman had received a communication in March 2015 on a case of detention of a human rights defender. Cambodia had received two communications on the redrafting of a law on civil society. All three did not respond.
Agence pour les droits de l’homme warned that violence against women and girls was pervading. Violence against women was a grave violation of human rights as it prevented them from full participation in society. It was important to raise awareness about the consequences of such violations through States’ upholding of the Vienna Declaration and Plan of Action.
Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos was concerned that no change had been seen regarding human rights violations by the Moroccan authorities in Western Sahara. It stressed that the people of Western Sahara were the victims of a genocide. Serious human rights violations continued, and the Council should take all possible action in order to implement the Vienna Declaration and Programme of Action in Western Sahara and protect Sahrawi people’s right to self-determination.
Iranian Elite Research Center underlined the importance of sustainable development and of protecting the rights of farmers. The international community should establish adequate norms for the use of renewable energy and develop tools to ensure respect of these norms by the private sector. Developing countries should be supported in their efforts to adapt to renewable energy norms.
Iraqi Development Organization, in a joint statement, highlighted the importance of the right to self-determination and the right of people to take any legitimate action against foreign occupation or aggression, such as the illegal war that was being conducted by Saudi Arabia in Yemen. This campaign was a war of aggression which failed to abide by the principles of distinction, proportionality and military necessity in violation of the laws of war. The Council should help facilitate Yemeni-Yemeni dialogue without foreign meddling.
Arab Commission for Human Rights recalled that people had the right to take any legitimate action to ensure their right to self-determination, and called on all States to recognize the right to self-determination of the Palestinian people. Occupation had a negative impact upon the enjoyment of all human rights, including the right to development.
World Muslim Congress said that the Vienna Declaration recognized the right of all peoples to self-determination and said that the people of Jammu Kashmir had been promised this right by the United Nations Security Council. The denial of this right by India had led to a regime of human rights violations in Indian-occupied Kashmir, with a policy of repression and suppression to crush the will of the people.
World Barua Organization said that crimes against women and children in the society of Meghalaya in north east India were on the increase, including rapes, kidnapping and abduction, molestation and cruelty by husbands or in-laws.
Alsalam Foundation said that Vienna Declaration and Programme of Action called on States to recognize the right to free expression, and yet human rights defenders suffered restrictions in many countries, including in South Arabia, Bahrain, and the United Arab Emirates. All States should respect freedom of expression inside and outside their borders.
Khiam Rehabilitation Center for Victims of Torture, in a joint statement, drew the attention of the Council to the latest human rights violations in Bahrain, namely the clampdown on freedom of expression. Many human rights defenders and activists were imprisoned simply for having posted on social media platforms, such as Twitter. The Bahrain Government had largely failed to implement the accepted recommendations put forth by the Bahrain Independent Commission Inquiry.
Organization for Defending Victims of Violence noted that drug addiction created challenges such as unemployment, homelessness, street women and children, child abuse, divorce, domestic violence, HIV transmission, crimes and murders. It called on the international community to provide Iran with more support in the fight against drug smugglers, and technical assistance to raise public awareness about the negative effects of drug abuse.
Mbororo Social and Cultural Development Association drew attention to the situation of the Jamatia Christian community in India, in particular to the situation of Jamatia women. After Tripura became part of India in 1949 the indigenous peoples became threatened in a number of ways. The local women were one of the poorest people in the country, with 60 per cent illiteracy rate. The Government of India was urged to improve the situation of indigenous women in Tripura and north east India.
Centre for Human Rights and Peace Advocacy noted that since India’s Right to Information Act was enacted in 2005, at least 45 right-to-information users and activists had been reported killed and more than 250 assaulted, harassed or threatened. Police often failed to investigate the attacks, under pressure from politicians and contractors with vested interests in keeping the information from becoming public.
Liberation was concerned about human rights violations resulting from the military law in the north of India, which allowed the army to enjoy impunity. It urged the international community to put pressure on the Indian Government to repeal the Military Act and stop racial treatment of people in north east India through military law.
Agence Internationale pour le Développement expressed concerns over human rights violations in the Tindouf Camp in the south west of Algeria, including lack of access to water, food, housing, employment, forced marriage, and degrading work. It then noted the massive participation in the last elections in Morocco, including in the Sahara region, which demonstrated the Saharawi’s willingness to benefit from a credible autonomy project.
Alliance Defending Freedom was highly concerned that the autonomy of the elderly was largely interpreted as the right to make the life-or-death decision. However, the right to life of the elderly must be adequately protected. Protecting human life at each stage was at the heart of the United Nations.
Verein Sudwind Entwicklungspolitik stressed the human rights obligation of Iran to ensure that human rights applied equally to all groups of people, including teachers, who were very important for the current period in Iran. Yet, many teachers were held in jail for their membership in the teachers’ association, which had recently marched calling for salary increases.
Rencontre africaine pour la défense des droits de l'homme said that the Vienna Declaration and Programme of Action reaffirmed that human rights and fundamental freedoms were the birth right of all persons and it was the duty of States to provide for the realization of those rights. The objective and impartial information contained in the Office of the High Commissioner for Human Rights report on Sri Lanka, compiled over the past six years, must be acted on.
Action internationale pour la paix et le développement dans la région des Grands Lacs said it was an urgent matter to provide all populations with access to health care and to combat extreme poverty.
Africa Culture Internationale said millions of girls were subjected to violence. Often, families forced their daughter to marry her rapist. In India, such practices continued to persist, and it would take decades to change.
Solidarité Suisse-Guinée, in a joint statement with, Company of the Daughters of Charity of St. Vincent de Paul, said millions of young women were still victims of female genital mutilation. Despite the adoption of the relevant resolution and efforts made by the United Nations Children’s Fund, the problem continued to persist. Accordingly, all States needed to step up and put an end to this practice.
Amnesty International welcomed the discussion on the impact of the current drug problem on human rights and urged States to incorporate the respect for human rights as an integral part of drug-related policies. It called particular attention to the use of the death penalty for drug-related crimes in China, Iran and Saudi Arabia.
Prahar noted that India was yet to uphold democratic laws even though it claimed it was a democratic country. The Indian army was carrying out extrajudicial killings and other massive human rights abuses. The Armed Forces Special Powers Act should be abolished and Prahar called on the Council to urge India to demilitarize its society.
Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco said youth were still facing many challenges in enjoying their rights. Their right to education was in serious jeopardy, particularly the right to education by young refugees. The Council shouldered a fundamental responsibility in empowering the young.
Marangopoulos Foundation for Human Rights remained concerned about the dangers that refugees arriving in Europe faced, especially those at peril at sea. It was in the spirit of the Vienna Declaration that the solution to the current refugee crisis should be found.
Commission africaine des promoteurs de la santé et des droits de l’homme said violence against women and sexual abuse were incompatible with human rights standards. It voiced concern over the increased violence against women in Jammu Kashmir.
International Humanist and Ethical Union was concerned about sexual violence in a number of Latin American countries, and the prohibition of abortion even in cases of rape and child pregnancy. Access to safe and legal abortion was an issue that deserved the urgent consideration of the Human Rights Council.
World Environment and Resources Council said the Koran and Pope Francis both said that Muslims should seek a peaceful interpretation of the words of the Prophet. Some readings had however led to Jihad and extremism, rather than to cultural diversity, religious pluralism and human rights.
Documentation
The Council has before it a report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions (A/HRC/30/56)
The Council has before it an addendum to the report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions – Mission to the Netherlands (A/HRC/30/56/Add.1)
The Council has before it an addendum to the report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions – Mission to Sweden (A/HRC/30/56/Add.2)
The Council has before it an addendum to the report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions – Comments by the Netherlands (A/HRC/30/56/Add.3)
The Council has before it an addendum to the report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions – Comments by Sweden (A/HRC/30/56/Add.4)
Presentation by the Chairperson of the Working Group of Experts on People of African Descent
MIRELLE FANON MENDES, Chairperson of the Working Group of Experts on People of African Descent, presenting the reports, said that during its fifteenth session, the Working Group undertook reflection on strategic and methodological issues relating to its mandate, including on clarifying its role within the framework of the two adopted mechanisms, the International Forum and the United Nations Declaration on People of African Descent. During its sixteenth session, the Working Group had focused on development and people of African descent with the aim to document the consequences of the historic injustices, including the black salve trade, and slavery and colonialism, and had identified challenges that States faced in terms of developing guarantees included in their national constitutions which precisely articulated human rights and the right to development. It was noted that despite the economic growth, people of African descent continued to suffer under-development and discrimination in access to basic services. People of African descent remained largely invisible in societies and in the eyes of governments, and the important role of statistical data was highlighted in this regard. During this session, a panel had been held on the objectives of the International Decade, which should be the time of dialogue, and the time to rehabilitate the victims of racism, especially People of African Descent.
Turning to the country visit to the Netherlands in 2014, the Chairperson said that in Curacao, expectations in terms of sovereignty had not been met; the people visiting the Netherlands were seen as strangers and were discriminated against. The Working Group was concerned that people of African descent in the Netherlands often continued to be seriously affected by racial discrimination, and the Working Group recommended the adoption of particular policies, including to increase the number of Afro-Dutch persons in public life. In Sweden, the Working Group noted with satisfaction that the Government was aware of the racial discrimination against people of African descent and also noted significant lack of knowledge about the African continent which affected people of African descent. Despite several initiatives to combat hate crime, those were not sufficient to recognize this crime and to investigate allegations of this serious crime. The Working Group recommended that Sweden develop a national action plan against racism and set up a national human rights institution; both the action plan and the institution should maintain a focus on the promotion of human rights of people of African descent as a risk group.
Statements from the Concerned Countries
Netherlands, speaking as a concerned country, said it was home to over 190 different nationalities, including many people of African descent. Curacao was home to people from over 100 nationalities. There was an Afro-Caribbean majority, but also other sizeable minorities. Everyone living and residing in the Kingdom of the Netherlands was protected by law from discrimination. The ban on discrimination was enshrined in Article 1 of the Dutch Constitution and Article 3 of Curacao’s Constitution. The Dutch Government worked hard to combat discrimination in collaboration with the business community, civil society organizations and individuals as discrimination was a shared concern and imposed shared responsibility. The anti-discrimination policy in the Netherlands was a generic policy, and did not, in the first instance, target particular groups. If however, research or signals from society indicated that a specific strategy was required for a certain group, the Government responded accordingly. Curacao, through the creation of an Ombudsman, worked to ensure that discrimination did not remain an issue with the Government. In the framework of the United Nations International Decade for People of African Descent, both countries would pay specific attention to dialogue with civil society organizations and active members of the public regarding specific problems facing people of African descent.
Netherlands National Institute for Human Rights stressed that discrimination on the grounds of race was harmful and prevented individuals from the enjoyment of their human rights. Many of the problems addressed in the report were recognized by the Institute. Clearly, racial discrimination was more widespread and structural than people thought. Because the Netherlands was becoming a refugee country, this was on the rise. Discrimination affected not only people of African descent, but people from Bulgaria, the Middle East, Asia, and the Roma, among others. The Dutch Government had substantially intensified its efforts. The facts showed that discrimination was often unintended. A comprehensive policy aimed at preventing discrimination on a structural basis was needed. Human rights education in schools would provide that.
Sweden, speaking as a concerned country, said combatting all forms of racism, including Afrophobia, was a priority for its Government. All its measures against racism included Afrophobia, and its ombudsman had an assignment to carry out awareness raising measures specifically regarding Afrophobia. The Minister for Culture and Democracy had launched an initiative against racism to gather local actors to various activities and dialogues with representatives of groups subjected to racism. The Minister would participate on 9 October in the commemoration of the abolition of the participation in the transatlantic slavery, and more precisely in a conference and a dialogue on Afrophobia.
Interactive Dialogue with the Chairperson of the Working Group of Experts on People of African Descent
European Union reiterated its strong commitment to combat racism, racial discrimination, xenophobia and related intolerance. The outcome document of the Sustainable Development Goals should lead to the protection of human dignity and human rights for all. The European Union asked whether this idea was no longer included in the report presented by the Working Group. Saudi Arabia, speaking on behalf of the Arab Group, said that a large number of persons of African descent lived in difficult conditions in a number of countries, including developed countries, partly as a result of a lack of implementation of the right to development. Arab citizens were also victims of discrimination at all levels, and this was recently illustrated during the Syrian refugee crisis. There was a need to adopt measures to protect persons of African descent and their right to development. Algeria, speaking on behalf of the African Group, said the launch of the Decade of People of African Descent had led to more visibility to the vulnerability of this group. Africans were taken as slaves to the Americas and Europe during the transatlantic slave trade. The African Group therefore called on the group to respect the vision of the Durban Conference and address the challenges faced by the diaspora as well.
Ecuador said that as part of the awareness raising campaign for the International Decade for People of African Descent, the Office of the High Commissioner for Human Rights would organize five regional meetings. The first meeting would be for the Latin American and Caribbean region in December 2015. United States said it was a dynamic democracy that promoted diversity while acknowledging and addressing existing challenges. The United States embraced the goals of the International Decade: ‘Recognition, Justice, and Development’. Djibouti thanked the Working Group for the report as it emphasised the key importance of the declaration. Welcoming the progress made and quality of the report’s content, Djibouti noted that the International Decade for People of African Descent would certainly draw attention to the issue.
Brazil said that affirmative action not only had a corrective impact, but also had an important preventive role; affirmative action or positive measures had been at the core of Brazil’s policies to promote racial equality, and over the past ten years positive results had been achieved, particularly in the area of education. Tunisia was concerned by injustice affecting people of African descent throughout the world. Claims of slavery in Tunisia were unfounded; slavery had been abolished in January 1846, well before the majority of other countries in the world had done so. Nigeria said that the International Decade for People of African Descent presented an opportunity to take stock of the efforts made in the uplifting of the conditions of people of African descent, and to make recommendations for the future.
Namibia thanked the Working Group of Experts on People of African Descent for their leadership on this issue. Fighting racism had to be the priority at international, regional and national levels, to ensure that people of African descent enjoyed full and equal participation in all aspects in their respective societies. Cuba took note of the recommendations of the Working Group on People of African Descent, especially those related to development. Despite all mechanisms in place, racism continued to be on the rise. What measures should be adopted by European countries, in particular for migrants, and especially in regard to their right for housing, among other rights. Venezuela said historical injustices had contributed to poverty, underdevelopment, marginalization, social exclusion, economic disparities, instability and insecurity that affected people of African descent in the world. Venezuela supported the elaboration of a United Nations declaration on the promotion and protection of human rights of persons of African descent.
Morocco shared the view that poverty was both the cause and consequence of discrimination, and noted that people of African descent suffered lack of access to the labour market. The guidance note by the Secretary General on racial discrimination had to be implemented. Costa Rica stressed the importance of coordinated efforts by the United Nations system, and underlined on this matter the important role of the World Health Organization on maternal mortality and morbidity. It welcomed coordinated efforts to continue to monitor the situation of people of African descent and to report on discrimination against them. Egypt welcomed that the report tackled the issue of development and people of African descent. It showed the vulnerability of people of African descent in acceding development, including in acceding the labour market and other services. Egypt was concerned at the migrant crisis and recalled States’ obligation to protect people fleeing human rights violations.
Ghana said that in the implementation of the Post 2015 Sustainable Development Agenda, the issue of eradicating extreme poverty among people of African descent must be given equal attention. South Africa was fully aware of the important role that the Working Group needed to play. Sadly, racism continued to persist and more aggressive manifestations of structured racism needed stronger measures. Iran said the new International Decade for People of African Descent provided an important opportunity to raise more awareness of the rights of those people. Iran noted that the problem of discrimination and marginalisation was not limited to people of African descent but to other minorities like Muslims in Europe.
Algeria shared the conclusion of the Working Group that poverty was the cause and consequence of discrimination, and marginalization was the effect of injustice. People of African descent were victims of a viscous circle of poverty and discrimination. It was regrettable that programmes and political parties in developed countries still encouraged racist practices. Bahamas thanked the Working Group and welcomed the recommendations that development should not be narrowly defined as economic. There was still much more to be done to eliminate poverty, racism, crime, violence and war. Climate change greatly influenced the development of small island States.
International Youth and Student Movement for the United Nations, on behalf of severals NGOs1,asked the Working Group to positively respond to the longstanding proposal from non-governmental organizations and Member States to transform the Working Group into a Permanent Forum on People of African Descent. Cameroon Youths and Students Forum underlined the importance of empowering vulnerable groups though education and including them in efforts to overcome racial discrimination against them. Global Network for the Right to Development insisted on the need to raise awareness among the population on the rights of people of African descent and the injustice they faced, and underlined the importance of education as a key component of eliminating discrimination and stereotypes. Maarij Foundation for Peace and Development regretted that people of African descent were targeted by discriminatory policies that prevented their access to the labour market and that locked them to stereotypical roles in societies. Africa Speaks said that people of African descent were the ones who best knew the situation on the ground and the solutions to problems arising from discrimination and marginalization.
Concluding Remarks
MIRELLE FANON MENDES, Chairperson of the Working Group of Experts on People of African Descent, said she had taken note of the comments and questions, and said that during the next session of the Working Group a more open dialogue could take place, in which the questions raised in the discussion could be addressed. The Chairperson noted with satisfaction that the delegations raised the links between the Sustainable Development Goals and racism and racial discrimination experienced by people of African descent, and said that the Working Group looked forward to the feedback and the constructive dialogue within the context of the International Decade on People of African Descent. The Working Group firmly believed that the way forward was the elimination of racism, racial discrimination, xenophobia and related forms of intolerance, and Ms. Fanon Mendes stressed the need for the active participation of and cooperation with civil society.
General Debate on Racism, Racial Discrimination, Xenophobia and Related Intolerance
Luxembourg, speaking on behalf of the European Union, said that racism, racial discrimination, xenophobia, and racial intolerance were problems confronted by all societies in the world. Combatting all forms of discrimination and racism was an essential priority for the European Union. Two measures specifically combatted discrimination. The first forbade all discrimination based on race or ethnical origin, while the second forbade discrimination based on religious and other convictions, age, disability or sexual orientation. A specific legal framework had been stepped up to help victims of discrimination access justice and reparations.
Saudi Arabia welcomed the efforts by the Working Group on People of African Descent which focused on the key question of development. Saudi Arabia was greatly concerned that discrimination continued to affect people of African descent in all sectors, despite the progress made. Arab peoples also suffered discrimination. Improving the situation of people of African descent required the adoption of development measures.
Pakistan, speaking on behalf of Organization of Islamic Cooperation, believed that racism, racial discrimination, xenophobia and related forms of intolerance negated the core human rights principles of equality, non-discrimination, human dignity as well as cultural and religious diversity. There had been an alarming increase in incidents in recent years. In 2001, the Durban World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance recognized the existence of religious intolerance against certain religious communities. It was vital to combat new and contemporary forms of discrimination.
Cuba said that discrimination against an entire people continued because of the colour of their skin, ethnicity or nationality, and what was more of concern was the emergence of new forms of racism, and the increase of racist and xenophobic platforms in industrialized nations. They abused the freedom of expression and the new technologies, and that was why the implementation of the Durban Declaration and Programme of Action and the 2009 Outcome Document of the Durban Review Conference was crucial.
Venezuela said that racism and racial discrimination continued to raise significant challenges, adding that the increase of racist, xenophobic, and hate messages led to violence and even death of numerous persons, while police brutality was alarming. The emergence of neo-Nazi groups had highlighted the need for the fight against racism and racial discrimination to be a priority for this Council.
Russia said that the important subject of racism was being pushed in the background and it was unfortunate that the activities to address racism in the Office of the High Commissioner for Human Rights were not getting sufficient funding. In Latvia and Estonia, hundreds of thousands had been denied citizenship and thus political rights, only because of their nationality. In many Western countries, the resistance to hate speech was weakened under the guise of freedom of expression. In Ukraine, radical nationalist groups continued to enjoy full impunity for their crimes.
China said contemporary forms of racism were on the rise, and that the media had been increasingly used to propagate xenophobia. Fully eliminating racism was an important topic, and should focus on eliminating both the root causes and the manifestations of racism. The international community should promote the ratification and implementation of the Convention on the Elimination of All Forms of Racism, the Vienna Declaration and Programme of Action and the International Decade for Persons of African Descent.
United States referred to the recent death of Julian Bond, who was a trailblazer of the country’s long fight for civil rights. It also referred to the recent killing of nine African Americans in a church in Charleston and racist manifestations and protests that occurred in the country. It refused however to limit freedom of expression to prohibit these manifestations. Racism, xenophobia and intolerance would be overcome through painstaking efforts of education, collaboration and respect for each other.
Pakistan was concerned at incidents of racism and violence in the United States, and the re-emergence of white supremacy ideology. The United States had failed to address the root causes of racism. Pakistan was also concerned about the treatment of migrants and refugees in European countries, and deplored violent attacks against them. European countries had a moral obligation to welcome these refugees, and Pakistan also noted the importance of tackling the root causes of the refugee crisis by addressing conflict situations that originated it.
Council of Europe said that the Commission of Europe against Racism and Intolerance had noted in its 2014 report a radical increase of anti-Semitic, Islamophobic, racist statements and acts, as well as a rise in populist political and overtly xenophobic discourse. This led to significant suffering for Muslim and Jewish communities in Europe. Certain inappropriate responses to the migrant crisis confirmed this diagnosis. Member States had to respect the right to asylum and the principle of non-refoulement, and to ensure access to procedures of demand for asylum, and guarantee and equitable mechanisms protecting fundamental rights.
Greece strongly believed that despite differences, the fight against racism should unite the world as this phenomenon was present in all societies. Greece had set the fight against racism as a top priority in its first National Action Plan on Human Rights launched last year. It adopted a specific law on this issue, reinforcing the accountability for racially motivated crimes, in an effort to upgrade the existing framework. Greece reiterated its willingness to continue fulfilling its international commitments towards the fight against racism.
Iran said that the world was suffering from the consequences of various forms of extremism and intolerance on different grounds. There were grave concerns over the expanded influence of extremism around the world which stigmatized and targeted foreigners, migrants, minority groups, refugees and asylum seekers. Iran was prepared to counter violence and extremism. The initiative of President Rohani at the sixty-eighth session of the United Nations General Assembly in 2013 for a Global Collective Fight against Violence and Extremism could provide an institutional framework for promoting world peace and fighting extremism and violence.
Colombia was convinced that the recognition of the right to development could have a positive impact on the situation of people of African descent and would reverse their social, economic and political exclusion as a result of the slave trade, slavery and colonialism. Clear public policies, with clear objectives, dedicated budgets and monitoring mechanisms were needed to translate the International Decade for People of African Descent into tangible actions.
Uruguay said that the International Decade for People of African Descent constituted a valuable opportunity to bolster actions to combat racism, racial discrimination, xenophobia and related forms of intolerance. Uruguay called upon all interested stakeholders to actively participate in the programme of the Decade so that it could fulfil its goals of recognition, justice and development, and so contribute to the implementation of the Durban Declaration and Programme of Action.
Bahrain was extremely concerned about the heights that Islamophobia had reached in Western countries, and the fact that terrorist acts committed by extremist groups that hid under the cloak of Islam were being taken as a foundation for an overtly generalized stereotype grouping all Muslims. Despite the rapid evolution of human civilization, human rights violations continued to prevail in the world today and the international community should adopt all necessary measures to completely wipe out all discriminatory phenomena.
International Youth and Student Movement for the United Nations, on behalf of severals NGOs2, was concerned that the draft resolution to be adopted by the Council was weak and failed to address some of the main issues relating to racism and xenophobia. It regretted also that the decision of creating three new staff positions at the office of the Human Rights Council had not been fulfilled.
Iranian Elite Research Center was deeply concerned at continued racism and xenophobia, and called for action by States to condemn defamation of religion and religious hatred. It stressed the need for tolerance, human rights and mutual respect.
Agence Internationale pour le Développement said racial discrimination remained widespread and systematic against lower castes and minorities in India. Disadvantaged groups failed to enjoy human rights, and the Council should take concrete steps to end discrimination and racism.
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1Joint statement: International Youth and Student Movement for the United Nations; December Twelfth Movement International Secretariat; International Association Against Torture; Drammeh Institute, Inc; African Canadian Legal Clinic; International-Lawyers.org; Tiye International; Arab Commission for Human Rights; African Development Association; Comité International pour le Respect et l'Application de la Charte Africaine des Droits de l'Homme et des Peuples; Commission africaine des promoteurs de la santé et des droits de l'homme; Association Dunenyo; and Action internationale pour la paix et le développement dans la région des Grands Lacs.
2Joint statement: International Youth and Student Movement for the United Nations; African Canadian Legal Clinic; International Association Against Torture; December Twelfth Movement International Secretariat; Nord-Sud XXI - North-South XXI; Action internationale pour la paix et le développement dans la région des Grands Lacs; Association Dunenyo; International-Lawyers.org; Commission africaine des promoteurs de la santé et des droits de l'homme; African Development Association; Comité International pour le Respect et l'Application de la Charte Africaine des Droits de l'Homme et des Peuples; Arab Commission for Human Rights; and Tiye International.
For use of the information media; not an official record
HRC15/132E