HUMAN RIGHTS COUNCIL HOLDS A GENERAL DEBATE ON RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED FORMS OF INTOLERANCE

The Human Rights Council this morning held a general debate on racism, racial discrimination, xenophobia and related forms of intolerance after hearing the presentation of the report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action.

Yvette Stevens, Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, recalled that racism was of concern to all peoples and countries as it was the international community’s responsibility to contribute in every way to its eradication. In its most perverse manifestations, racism invariably and disproportionally affected marginalized and vulnerable groups. Unless racism, racial discrimination, xenophobia and related forms of intolerance were addressed, large groups of populations would be left behind in the implementation of the 2030 Agenda. The Durban Declaration and Programme of Action offered an opportunity to States to engage in the struggle against racism. Ms. Stevens called the Council’s attention to the emphasis given by the Working Group to the establishment of a forum for people of African descent which should take place as a matter of priority.

In the ensuing discussion, speakers noted that racism, racial discrimination, xenophobia and related intolerance continued to have a negative impact on the full enjoyment of civil, political, economic, social and cultural rights, including the right to development. They called on all Member States to demonstrate further political will to prevent and combat all scourges of racism and to promote further effective action to eliminate instances of racism and intolerance around the world. People of African descent throughout the world still constituted some of the poorest and most marginalized groups. Specific policies were warranted in order to overcome the obstacles and address their needs adequately. It was a challenge and a historical debt, which had to be addressed at the international level. Speakers also expressed concern over the rising trend of hate speech towards migrants, the rise of neo-Nazism, neo-Fascism and violent nationalist ideologies based on racial prejudices.

Speaking were El Salvador on behalf of the Community of Latin American and Caribbean States, Venezuela on behalf of the Non-Aligned Movement, Tunisia on behalf of the African Group, Egypt on behalf of the Arab Group, Malta on behalf of the European Union, Pakistan on behalf of the Organization of Islamic Cooperation, Cuba, Germany, Egypt, China, Brazil, Venezuela, South Africa, Bangladesh, Pakistan, Sierra Leone, Colombia, Bahrain, Iran, Israel, Turkey, Ukraine, Armenia and Mexico.

Also taking the floor were the following non-governmental organizations: Americans for Democracy and Human Rights in Bahrain, Iraqi Development Organization, Alsalam Foundation, International Youth and Student Movement for the United Nations, World Jewish Congress, Conseil international pour le soutien à des procès équitables at aux Droits de l’Homme, Indian Council of South America, World Muslim Congress, International-Lawyers.org, International Humanist and Ethical Union, United Nations Watch, Association for the Protection of Women and Children’s Rights, Mbororo Social and Cultural Development Association, Liberation, Verein Sudwind Entwicklungspolitik, Indigenous People of Africa Coordinating Committee, International Organization for the Elimination of All Forms of Racial Discrimination, Association pour l’Intégration et le Développement Durable au Burundi, World Barua Organization, Tourner la page, Association des étudiants tamouls de France, Association Bharathi Centre Culturel Franco-Tamoul, L’Observatoire Mauritanien des Droits de l’Homme et de la Démocratie, Tamil Uzhagam, Association pour les Victimes du Monde, Society for Development and Community Empowerment, Association Solidarité Internationale pour l’Afrique, Alliance Creative Community, Rencontre Africaine pour la defense des droits de l’homme, International Buddhist Relief Organization, ANAJA L’Eternel a répondu, European Union of Jewish Students, Africa Culture Internationale, Servas International and Auspice Stella.

Argentina and Russian Federation spoke in a right of reply.

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related forms of intolerance. The summary of the discussion held on Monday, 19 June, can be read here.

Speaking this morning were the following civil society organizations: Centro de Estudios Legales y Sociales Asociacion Civil, European Centre for Law and Justice, and International Bar Association.

In his concluding remarks, Mutuma Ruteere, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, addressing the issues of social media and the internet and how they could affect his mandate’s themes, said they had to begin by looking at the technologies as facilitators for the rights of individuals. A number of good practices had emerged, including a multi-stakeholder approach where States, service providers, civil society and users engaged in finding solutions. He noted that various countries had made laws, which risked sliding into censorship. It was not just racists and extremists who were using new technologies, but also those challenging extremist voices. The content of education should be examined, with questions posed as to whether the content reflected the accurate history of countries. Schools and universities should reflect the diversity of societies. Racism was a challenging question for States to face. The starting point of all international human rights laws was affording due process to suspects. Rights were not invented for the people who were least likely to enjoy due process.

The Council will next meet at noon to hear the presentation of a report by the Independent Expert on the enhancement of capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights, to be followed by an interactive dialogue.

Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Centro de Estudios Legales y Sociales Asociacion Civil said a link was being created between migration and crime. Argentina had established a procedure for holding and deporting migrants facing any judicial proceedings which led to them being condemned to a custodial sentence. European Centre for Law and Justice regretted that scientific racism had not been explored by the report of the Special Rapporteur. Eugenism was a contemporary form of racism since developing certain species led to the idea that some human beings were better than others. It was not possible to refuse the right to life for someone on the basis of their chromosomes. International Bar Association called the attention of the Council to the ongoing xenophobic and racist attacks in South Africa. All forms of discrimination and racism were intolerable. Women with albinism were particularly exposed to discrimination, which deepened their poverty and exposed them to sexual violence.

Concluding Remarks by the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

MUTUMA RUTEERE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, began by addressing the issues of social media and the internet and how they could affect his mandate’s themes. The mandate had to begin by looking at the technologies as facilitators for the rights of individuals. A number of good practices had emerged, including a multi-stakeholder approach where States, service providers, civil society and users engaged in finding solutions. Various countries had made laws, which risked sliding into censorship. The other side was to see social media and the internet as a platform where those struggles were actually waged. Increasing the on-line presence and use of the technologies by people who were formerly victims was another way of harnessing the technologies. It was not just racists and extremists who were using the technology, but it was also being used to challenge those voices. Turning to education and racism, he said it helped beneficiaries to claim their rights, ensuring transitions from poverty and deprivation to a better livelihood. From that perspective alone, education became very important. The content of education should be examined, with questions posed as to whether the content reflected the accurate history of countries. Schools and universities should reflect the diversity of societies. In many places, where the government might not be present in appropriate capacities, it was civil society which provided services. His last point, he said, was related to the issue of terrorism. Racism was a challenging question that States had to face. The beginning point of all international human rights laws was affording due process to suspects. Rights were not invented for the people who were most popular, but for the least popular people who were unlikely to enjoy due process.

Documentation

The Council has before it the Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its fourteenth session (A/HRC/35/45).

Presentation of Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action

YVETTE STEVENS, Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, recalled that racism was of concern to all peoples and countries and it was the international community’s responsibility to contribute in every way to its eradication. In its most perverse manifestations, racism invariably and disproportionally affected marginalized and vulnerable groups. The 2030 Sustainable Development Agenda made the promise that no one would be left behind. However, everyone knew that unless racism, racial discrimination and xenophobia were addressed, large groups of populations would be left behind.

The Durban Declaration and Programme of Action was a blueprint for action and offered an opportunity for States to engage in the struggle against racism. The commitment to combat racism was reinforced by the 2011 Political Declaration contained in the General Assembly’s resolution 66/3, adopted by consensus during the High Level Meeting of the General Assembly to commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action. The Intergovernmental Working Group, which was set up to ensure the effective implementation of the Durban Declaration and Programme of Action, had constantly sought to refine its methods of work, in order to fulfil its mandate. Those efforts had resulted in a positive environment and an effective functioning of the Working Group. Learning from each other benefited the collective efforts to eradicate racism, racial discrimination, xenophobia and related intolerance.

The present report reflected the presentations made by several panellists, the exchanges with representatives of the other Durban follow-up mechanisms, and the set of conclusions and recommendations adopted by the Working Group. Recommendations were also adopted regarding the implementation of the programme of activities of the international decade for people of African descent. Ms. Stevens also recommended that Member States, intergovernmental and non-governmental organizations, private institutions and other donors in a position to do so contribute to the trust funds established by the General Assembly which would allow for funding of activities not covered by the existing budget. Since the launch of the decade, only one country had contributed to these trust funds.

Finally, Ms. Stevens drew the attention of the Council to the emphasis put by the Working Group on the establishment of a forum for people of African descent, which should take place as a matter of priority, and the allocation of time to this work.

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

El Salvador, speaking on behalf of the Community of Latin American and Caribbean States, stated that the Community was committed to fight against discrimination in order to sustain democracy. There was a need to focus on people of African descent in vulnerable situations and their social marginalization. The Community welcomed the establishment of the Committee for the Reparations of the Caribbean Community. It urged the United Nations to convene the fourth international conference on racism, racial discrimination, xenophobia and related intolerance.

Venezuela, speaking on behalf of the Non-Aligned Movement, reiterated the importance of the Durban Declaration, as well as the outcome of the Durban Review Conference adopted in 2009. There was an urgent need to address with greater resolve and political will the issue of racial discrimination in all spheres of life and in all parts of the world, including in areas under foreign occupation. The Non-Aligned Movement urged those countries that had not participated in the Durban Review Conference to implement all provisions of the Durban Declaration and Programme of Action.

Tunisia, speaking on behalf of the African Group, noted that racism, racial discrimination, xenophobia and related intolerance continued to have a negative impact on the full enjoyment of civil, political, economic, social and cultural rights, including the right to development. The African Group called on all Member States to demonstrate further political will to prevent and combat all scourges of racism and to promote further effective action to eliminate instances of racism, racial discrimination, xenophobia and related intolerance around the world.

Egypt, speaking on behalf of the Arab Group, said despite the progress made in fighting racism and the work all had carried out in strengthening the framework, there was increasing discrimination which was weakening groups in societies. As a result of discrimination, innocent people were losing their lives. Some countries which claimed to be developed continued to tolerate racism. International conventions prohibited all forms of discrimination. Racism could be fought only when those policies supporting it were eradicated root and branch. That required awareness-building and respect for others’ dignity.

Malta, speaking on behalf of the European Union, said the international human rights legal framework and the human rights already in place were extremely powerful tools to address racism, racial discrimination, xenophobia and related forms of intolerance worldwide. The European Union reiterated its commitment to prevent and fight all forms of discrimination and to ensure justice for victims. Increased migration flows posed significant challenges to integration, and in response, the Council of the European Union had adopted conclusions on the integration of third country nationals legally residing in the European Union.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said the Organization of Islamic Cooperation resolution on combatting intolerance was an important step to combat discrimination. The Organization of Islamic Cooperation was concerned at increased incidences of Islamophobia, which went against peaceful coexistence. As per the Durban Declaration and Programme of Action, cultural diversity was an asset for humanity. It was highly expected that the Office of the High Commissioner for Human Rights request Member States to take adequate action against incitement to religious hatred and denigration against venerated personalities.

Cuba recalled that, in a world where racism and xenophobia were increasingly part of governmental policies aimed at strengthening national security, it was crucial to reaffirm the importance of the commitments made during the Durban Conference in 2001. Cuba welcomed the Decade of People of African Descent as a key opportunity to improve policies fighting discrimination. Cuba reiterated its intention to permanently fight discrimination and prejudices since both were linked.

Germany was concerned that, today, the basic fundament of human rights was under threat by racism and other ideologies which questioned the equality of human beings. Throughout history, those ideologies had caused unutterable suffering and appalling atrocities. People of African descent, and Jewish, Muslim and Christian minorities were among those who suffered from hostility as were people based on their sexual orientation and gender identity.

Egypt highlighted that many countries had made significant achievements in order to effectively address racism. However, different forms of intolerance and discrimination were reappearing on the international scene. Stereotypes were spreading, leading to questions on the effectiveness of some international instruments. Egypt deplored terrorist attacks in Europe and underscored that hate speech was not an appropriate response. Refugees should not be discriminated against. Yet some of them were detained in unacceptable conditions.

China stressed the importance of the Durban Declaration and Programme of Action in the global fight against racism, racial discrimination, xenophobia and related intolerance. However, it remained a serious issue and had even shown signs of worsening in some countries. Violence and hate speech against migrants were rising. China called on the international community to display political will and effectively implement the Durban Declaration and Programme of Action in order to foster peaceful and harmonious relations among communities.

Brazil reminded that people of African descent throughout the world still constituted some of the poorest and most marginalized groups. Specific policies were warranted in order to overcome the obstacles and address their needs adequately. It was a challenge and a historical debt, which had to be addressed at the international level. Brazil believed that the establishment of a forum on people of African descent would be a key step towards implementing the commitments set out in the programme of activities of the International Decade of People of African Descent.

Venezuela attached great importance to the premises and principles established in the Durban Declaration and Programme of Action. It was worried about the rising trend of racism, racial discrimination, xenophobia and related intolerance. Venezuela rejected the global rise in hate speech, neo-Nazism, neo-fascism and violent nationalist ideologies based on racial prejudices. Unfortunately, Venezuela had fallen victim to the attacks of such groups which aimed to overthrow the legitimate Venezuelan Government. But Venezuela would resist such attempts.

South Africa said the current global landscape had become a breeding ground for bigotry and hatred, and it was the duty of States represented in this room to ensure that the scourges of racism were dealt with in a manner that was sensitive to the victims of racism, bearing in mind that all were entitled to every right as enshrined in all international human rights instruments. In South Africa, the danger of regression to the past was suppressed by a government and citizens who knew first-hand the destruction that was racism and intolerance.

Bangladesh said it was a grave concern that xenophobia was being normalized in public discourse and justified by making reference to national values, such as freedom of speech or, to security needs. Bangladesh believed that understanding and respect for cultural and religious diversity and plurality was key to creating peace and a harmonious society that drew on social solidarity. Inter-religious and inter-cultural dialogue would contribute to improving mutual understanding within and among societies to address misconceptions.

Pakistan said the world was faced with a myriad of challenges, including racism and xenophobia. The vilification of religious communities created a political discourse blaming migrants for problems. Pakistan had taken a number of steps domestically to combat hate speech, including banning loudspeakers. Human rights education and training was being provided in the military and in academies.

Sierra Leone stressed the importance in addressing racism in the context of the 2030 Agenda which stated that no one should be left behind. But given the level of racism and xenophobia, large numbers of people would be left behind unless concerted efforts were made to address their plight. States should collect data that would allow them to identify marginalised groups and their needs, and plan accordingly to address them.

Colombia attached great importance to the recognition of its population as multi-ethnic. Diversity was an asset for national identity. The 1991 Constitution of Colombia stated that all people were equal before the law. The Government had adopted a strategy of differentiated policies that would take stock of the characteristics of each group. The aim was to implement measures adapted to all groups and localities.

Bahrain said that even though most international human rights mechanisms were based on the principle of equality for all, some countries promoted racial supremacy over others. This led to xenophobia and Islamophobia. Bahrain voiced concerns about the increasing victims of Islamophobia in the United States and the increasing restrictions of rights of refugees in Ireland and Denmark.

Iran stated that terrorist-sponsoring despots threatened to spread terrorist acts and intolerance around the world. Proxies attacked what their masters despised most: the seat of democracy. The recent terrorist attacks in Tehran and some cities in Europe were the vivid examples of extremism and intolerance which had resulted in violence and terrorism. Despite many efforts the world was still witnessing acts of racism, racial discrimination, xenophobia and related intolerance, including religious intolerance, most of which were provoked by certain political leaders.

Israel reminded that anti-Semitism remained present in far too many places in the world. In most cases anti-Semitic crimes had not been ignored by local governments. However, that did not reduce the need for education and awareness raising about anti-Semitism. Israel condemned the Palestinian authorities’ praise for Palestinian terrorists who attacked Israeli border guards and their payment of indemnities to the families of the dead attackers.

Turkey deplored the rising global anti-immigrant sentiments. It noted that the international community had a moral and legal obligation to protect the dignity of individuals and their right to be free from any kind of discrimination. It was crucially important that prominent personalities, particularly politicians and media representatives in countries where anti-immigrant attacks frequently took place, used a rhetoric of unity rather than division.

Ukraine said the Russian Federation continued to violate international law, including the Convention on the Elimination of All Forms of Racial Discrimination, by banning the Mejlis of Crimean Tatars in the illegally occupied Crimea, providing discriminatory policies towards Crimean Tatars and ethnic Ukrainians. Last month, the International Court of Justice had adopted a significant ruling on Ukraine’s submission against Russia. The international community was called on to urge Russia to abide by its obligations highlighted by the Court.

Armenia said it was alarming that racist hate crimes against an ethnic group were encouraged by leading State figures. Concern had often been expressed at the policies of a neighbouring country, which was a concern shared by many United Nations mechanisms. A climate of hatred and impunity prevailed, and the international community needed to prevent the worst forms of violence from reoccurring.

Mexico said the Working Group was undertaking important work, supporting all efforts to eliminate racial discrimination, racism, xenophobia and related intolerance. That should be one of the priorities for the international community. The challenge was not just for certain countries, but there was concern that there was backsliding in certain regions of the world. A sharp decrease had been seen in States’ participation in the Working Group’s sessions. Regression could not be allowed, and States should take part in the Council’s mechanisms on racism.

Americans for Democracy and Human Rights in Bahrain expressed concerns about the increase of religious fanaticism. Continued discrimination against Shia Muslims and members of non-governmental organizations were equally worrisome. More than 50 Shia clerics had been harassed this year. One of them had been sent to prison under false accusations of money laundering. Shia should be able to practice their religion without being threatened with harassment.


Iraqi Development Organization drew the attention of the Council to the discrimination that women were subjected to in Saudi Arabia. They could not drive cars, they had to wait for permits to travel, and they could not access health care. Women in other countries were under constant bombardment, siege and hunger. Recent airstrikes targeted women in Yemen, killing and wounding more than 4,000.

Alsalam Foundation was concerned about the continued discrimination against Shia minorities in Saudi Arabia. It strictly condemned the attack led by Saudi Arabia’s forces against the predominately Shia city of Al-Awamiya. Since May, this military operation had become a siege and indiscriminate fire had killed many civilians. Alsalam Foundation called on all States to provide protection for religious minorities.

International Youth and Student Movement for the United Nations deplored the non-implementation of the Durban Declaration and Programme of Action by the United Nations. It called on the High Commissioner for Human Rights to restore the reduced funds for that purpose, and to provide the necessary leadership for the implementation of the Durban Declaration.

World Jewish Congress warned about the increasing number of anti-Semitic posts on the internet during 2016. It urged the Human Rights Council and Member States to implement the internationally accepted standards on the definition of anti-Semitism. It expressed hope that internet companies would act swiftly to protect the safety and security of Jewish and other minority communities.

Conseil international pour le soutien à des procès équitables at aux Droits de l’Homme drew attention to the attacks on and discrimination against Shia Muslims in Saudi Arabia, Bahrain and Kuwait, who were excluded from leadership positions and whose mosques were closed down. It called on all States to provide adequate protection to all religious groups in order to effectively implement the provisions of the Durban Declaration and Programme of Action.

Indian Council of South America called on the United States to invite the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to address the denial of the right to self-determination on grounds of racial discrimination. The denial of the right to self-determination on grounds of racial discrimination was a crime against humanity. The Human Rights Council suffered from “self-determinationphobia” which included racism and its application to puppet governments.

World Muslim Congress said violence against religious minorities, discrimination and forced conversion had been mounting under the Modi-led BJP government. The militarization of Indian occupied Kashmir had affected the whole life of Kashmiris, including social, cultural, economic, educational and other aspects of life. The Government of India was called on to end its policy of exclusion and marginalization of religious and ethnic minorities.

International-Lawyers.org expressed concern about the failure of the Office of the High Commissioner for Human Rights to carry out the recommendations of the thirteenth and fourteenth sessions of the Working Group on implementing the Durban Declaration and Programme of Action and on commemorating the fifteenth anniversary of that Programme. Due to that failure, the implementation of the Programme and the International Decade for People of African Descent was threatened.

International Humanist and Ethical Union, in a joint statement with, European Humanist Federation, underscored the key role of religion and belief in the inherent dignity and worth of the human person as well as to eradicate racism, racial discrimination, xenophobia and related intolerance. It was not possible to end intolerance based on religion by selectively silencing speech of religious people. International Humanist and Ethical Union urged the Council to bear in mind the crucial role of freedom of religion.

United Nations Watch said that member countries of the Arab League were using the word racism in a twisted way. United Nations Watch expressed concerns about Lebanon’s decision to ban the film “Wonderwoman” because the main actress was a Jew, as part of this country’s ban policy against Israeli products.

Association for the Protection of Women and Children’s Rights was concerned about the frequent racist attacks against vulnerable groups in India. Prejudices were common against Muslims and other minorities. Association for the Protection of Women and Children’s Rights was concerned about the ongoing occupation of Kashmir and the restricted freedom of expression against its population. The Council was called on to take steps to address racism in India.

Mbororo Social and Cultural Development Association noted that racial discrimination in northeast India was prevalent due to the Armed Forces Special Powers Act. It urged India to invite the United Nations Special Rapporteur on racism to come to India, and to repeal the legislation in question.

Liberation stated that the Indian Constitution and laws were based on racial discrimination, which was very sophisticated and high-tech. Some tribes from north-east India were discriminated against. It urged the Council to include and stop racial discrimination by repealing the Armed Forces Special Powers Act.

Verein Sudwind Entwicklungspolitik condemned hate speech delivered by Iranian political leaders against the “Kuffar” people, who supposedly rejected or did not believe in God. According to Iran’s criminal law, if a Muslim killed a “Kaffer” person, there would be no punishment for that act. Hate speech against Baha’i followers had already led to murder.

Indigenous People of Africa Coordinating Committee drew the attention of the Human Rights Council to the discrimination faced by nomadic tribes in India. Historically, those groups were criminalized from birth. The Criminal Tribes Act had caused a history of stigma. The dominant stereotypical attitude of the majority community alienated those communities from development. The Human Rights Council should ensure those groups’ fundamental human rights.

International Organization for the Elimination of All Forms of Racial Discrimination, in a joint statement, said the discrimination that had led to the creation of the Durban Declaration and Programme of Action sadly persisted. Violations against identifiable groups such as Palestinians, entrenched to a system of institutionalized racial discrimination, qualified as crimes against humanity. Some of Israel’s basic laws institutionalized discrimination against Palestinians, such as in the field of land policy.

Association pour l’Intégration et le Développement Durable au Burundi said the Armed Forces Special Powers Act in India was a racist act, and the Human Rights Council should pay attention to racist attacks on students from northeast India. Recently, a student was brutally beaten up by his landlord over alleged excessive use of water. India should provide security to people from northeast India from discrimination.

World Barua Organization deplored the non-submission of India’s report to the Committee on the Elimination of Racial Discrimination since 2007. Insufficient or biased data had been submitted in previous reports. World Barua Organization urged the Council to communicate with India in order to ensure that this country abided by the Durban Declaration and Programme of Action.

Tourner la Page said that Sri Lanka was a State party to several international conventions protecting human rights. Yet, the Tamil community was still fighting for its rights and faced many human rights violations, including occupation of land, extrajudicial killings and detention. Tourner la Page called on Sri Lanka to strictly implement the principles of the Durban Declaration and Programme of Action.

Association des étudiants tamouls de France highlighted that the predominance of Buddhism and the draconian law passed to counter terrorism were abusively used by Sri Lanka against Tamils. Minorities such as Tamils in Sri Lanka were exposed to repeated discrimination. Hindus were also regularly victims of attacks.

Association Bharathi Centre Culturel Franco-Tamoul noted that there had been no ethnic reconciliation in Sri Lanka as a result of the xenophobic designs of the dominant Singhalese Buddhist clergy. It drew attention to numerous cases of attacks on religious minorities, namely Christians and Muslims. It was essential for the Office of the High Commissioner for Human Rights to set up a permanent office in Sri Lanka.

L’Observatoire Mauritanien des Droits de l’Homme et de la Démocratie reminded that the equality as set out in the Durban Declaration and the Programme of Action should be implemented by all States. Religious and ethnic minorities were particularly susceptible to persecution in Sri Lanka. Continuous examples of attacks against ethno-religious minorities in that country testified to that situation.

Tamil Uzhagam reminded that successive Sri Lankan Governments had continuously violated the Convention on the Elimination of All Forms of Racial Discrimination. Tamils continued to be victims of discrimination, in spite of the defeat of the Tamil Tigers. It called on the Council to hold a discussion on the right to self-determination by the Tamil people.

Association pour les Victimes du Monde said the Sri Lankan Government had ended the bloody war in which Tamil rights were violated. Sri Lanka had ratified the International Convention on the Elimination of All Forms of Racial Discrimination. The Tamils were struggling for equal opportunities. The present Government had detained numerous Tamil civilians, and the regime had declared many areas as high security zones.

Society for Development and Community Empowerment drew the attention of the Human Rights Council to the illegal occupation of territory in post-conflict Sri Lanka. The military presence could be felt in people’s daily lives. The military occupation caused hardships in relation to cultivation and construction and was affecting livelihoods.

Association Solidarité Internationale pour l’Afrique said the ethnic conflict in Sri Lanka had resulted in illegal and arbitrary arrests and detention, abduction and forced disappearances, rape and torture in custody, extrajudicial killings, internal displacement of the Tamil communities, and militarization. Despite pledging to repeal the Prevention of Terrorism Act in the Human Rights Council, the Government of Sri Lanka continued to use that piece of legislation to discriminate against and marginalize the country’s ethnic Tamils.

Alliance Creative Community Project was concerned about religious intolerance against certain religious communities in Sri Lanka. Ethnic and ethno-religious minorities in the country continued to experience discrimination and human rights violations. Incidents of discrimination had been on the rise since the conclusion of Sri Lanka’s civil conflict. They had paved the way to land grabbing, economic hardship and violence against women.

Rencotre Africaine pour la défense des droits de l’homme highlighted that security and counter-terrorism measures should never be invoked by certain States to undermine the principles of international human rights. There was a rise of hatred and virulent political extremism in many parts of the world. The demonization of migrants and refugees gave rise to xenophobic ideologies conveyed by extremist political parties.

International Buddhist Relief Organization said that in Sri Lanka, Tamils were not considered as a discriminated against community but rather as a highly privileged community. Some 60 per cent of the Tamils lived happily with the Singhalese population. The organization said that the repeated demands of justification sent by the United Nations High Commissioner for Refugees to Sri Lanka’s authorities regarding the current counter terrorism legislation were illogical and unacceptable.

ANAJA L’Eternel a répondu reminded that the Tamils in Sri Lanka had been suffering systematic discrimination and living under military occupation. It called on the Government of Sri Lanka to withdraw all its armed forces from the Tamil homeland, and to secure a political solution that would allow the Tamil people to realize their right to self-determination.

European Union of Jewish Students regretted that racial discrimination and xenophobia were unfortunately still a common sight, despite great strides in eradicating ignorance and baseless hatred. The Jewish people knew more than anyone else that racism did not end with words, but led to dark and heinous places from which humanity could not recover.

Africa Culture Internationale experienced serious concern that Pakistan had failed to address the violence and discrimination against the Baloch people. It subjected millions of people to a life without fundamental rights. The State purposely allowed Muslim extremists to roam the country and preach their ideology.

Servas International said the elimination of racism had been on the Council’s agenda since its inception. The Durban Declaration and Programme of Action warned that xenophobia against migrants constituted the main form of racism, and threats against that group were socially unjust and dangerous. As the largest humanitarian and refugee crisis since World War 2 was responded to, the Human Rights Council needed to make the full implementation of its relevant resolutions a priority.

Auspice Stella said that in Chile and Argentina, the Mapuche people were being stigmatized, and political parties and the media were being influenced. Their struggle for the return of their land was being criminalized and linked to terrorism. The Mapuche people were being persecuted in courts for their territorial claims. The anti-terrorist act prevented due process, leaving defendants with no proper defence.

Right of Reply

Argentina, speaking in a right of reply, made some clarifications concerning Argentina’s law on migration. Articles of the constitution made it clear that foreign citizens enjoyed the same rights as citizens in Argentina. There was a positive contribution from migrants, who were humans, not based on any nationality. There were no quotas on migrants, and there were objective and non-discriminatory rules. Argentina had openness and hospitality to all migrants of good faith pursuing opportunities, with the only condition that all must abide by the law.

Russian Federation, speaking in a right of reply in response to the unfounded accusations made by the delegation of Ukraine, suggested that Ukraine focus on its internal questions, including the recommendations of the international monitoring mechanisms, including the human rights observer mission in Ukraine. All the obligations of the Russian Federation under international human treaties were applicable across its territory, including Crimea and the city of Sevastopol.



For use of the information media; not an official record

HRC17/103E