Human Rights Council Informed on Progress Made on Draft United Nations Declaration on the Promotion and Full Respect of the Human Rights of People of African Descent

Council Concludes General Debate on the Vienna Declaration and Programme of Action and Starts General Debate on Racism and Racial Discrimination

The Human Rights Council this morning concluded the general debate on follow-up to and implementation of the Vienna Declaration and Programme of Action.  It then heard a presentation by the Inter-governmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action of the report on its twentieth session, and started the general debate on racism, racial discrimination, xenophobia and related forms of intolerance: follow-up to and implementation of the Durban Declaration and Programme of Action.

Marie Chantal Rwakazina, Chair-Rapporteur of the Inter-governmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, said that the report of the Working Group on its twentieth session stated that as one of the Durban follow-up mechanisms, it had made a valuable contribution to the implementation of the Durban Declaration and Programme of Action and the promotion of racial equality.  Last year the Working Group was particularly honoured by the request made by the General Assembly in its resolution A/RES/76/226, whereby the Working Group was entrusted to elaborate a draft United Nations declaration on the promotion and full respect of the human rights of people of African descent.  The Working Group now had important elements for the draft declaration contained in the annex of the report.

After listing elements in the broad preamble, Ms. Rwakazina said the draft text further advanced concrete measures against racism and racial discrimination against people of African descent, and elaborated their rights in accordance with international human rights law.  It was essential for the legitimacy of the process to consider the concerns expressed by people of African descent themselves, including the issues raised during the first session of the Permanent Forum, as regional and local specificities of communities of African descent such as collective rights, and the need for reparatory justice for crimes of the past.

In the general debate on racism, racial discrimination, xenophobia and related intolerance, many speakers confirmed their firm commitment to the fight against racism, racial discrimination, xenophobia and related forms of intolerance, and to eradicate racism in all its forms and across all parts of society.  Speakers said that the Durban Declaration and Programme of Action, adopted in 2001, was a landmark document that recognised and addressed historical and contemporary forms of racism, racial discrimination, xenophobia and related intolerance that continued to plague societies around the world.  Despite this, the phenomena of intolerance, racism, discrimination and hate speech continued to spread around the world, underscoring the urgent need for more effective measures at national and international levels to address them. 

Speaking in the general debate were Qatar on behalf of Arab States, Sweden on behalf of the European Union, Côte d'Ivoire on behalf of a group of African States, Brazil on behalf of a group of countries, Azerbaijan on behalf of the Non-Aligned Movement, Iceland on behalf of the Nordic-Baltic States, Pakistan on behalf of the Organization for Islamic Cooperation, Saudi Arabia on behalf of a group of countries, Luxembourg on behalf of a group of countries, United States, China, Germany, Luxembourg, France, Cameroon, Morocco, India, Nepal, Malaysia, South Africa, Sudan, Maldives, Bangladesh, Algeria, Malawi, Benin, Cuba, Pakistan, Qatar, Ukraine, Belgium, Georgia, Tunisia, Russian Federation, Israel, Sierra Leone, Venezuela, Democratic People's Republic of Korea, Peru, Egypt, Bahrain, Iraq, Armenia, Zimbabwe, Djibouti, Uganda, Türkiye, Philippines, Afghanistan, Nigeria,  Mauritania, Namibia, Azerbaijan, Jordan, Ireland, Kenya, Oman, Belarus, Syria, Iran, Indonesia, and Mozambique.

At the beginning of the meeting, the Council concluded the general debate under agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action, which began yesterday and a summary can be found here and here.

In the general debate, many speakers said the Vienna Declaration and Programme of Action was envisioned to strengthen human rights work around the world, and remained a cornerstone of human rights protection globally.  The Declaration stated that human rights were the birth right of all, and that it was the duty of States to protect them, regardless of cultural settings.  As the international community celebrated 30 years since the adoption of the Vienna Declaration and Programme of Action, it was crucial to reflect on its implementation.  While some key recommendations had been implemented, the human rights situation in many conflict areas continued to deteriorate.  Many countries continued to face various human rights challenges, including poverty, inequality, and discrimination.  Speakers said that States needed to prioritise the implementation of the Vienna Declaration and Programme of Action in their national policies and frameworks. The international community needed provide support to States in their efforts to address these challenges, including through capacity building and technical assistance. 

Speaking were Association pour la défense des droits de l'homme et des revendications démocratiques/culturelles du peuple Azerbaidjanais-Iran - « ARC », Tumuku Development and Cultural Union, International Human Rights Association of American Minorities, Centre Zagros pour les Droits de l'Homme, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, Réseau Unité pour le Développement de Mauritanie, Association pour les Victimes Du Monde, Association PANAFRICA,  Tripla Difesa Onlus Guardie - Sicurezza Sociale e Ecozoofila, Integrated Youth Empowerment - Common Initiative Group, Khiam Rehabilitation Centre for Victims of Torture, Peace Track Initiative, Citoyens en action pour la démocratie et le développement, Youth Parliament for SDG, Humanists International, Union of Northwest Human Rights Organisation, Maloca Internationale, Global Institute for Water, Environment and Health, Alsalam Foundation, Association pour l'Intégration et le Développement Durable au Burundi, Platform for Youth Integration and Volunteerism, World Barua Organization, and Association Bharathi Centre Culturel Franco-Tamoul.

Speaking in right of reply were Armenia, Uganda, and Azerbaijan.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.

The Council will reconvene this afternoon at 3 p.m. to continue the general debate under agenda item nine on racism and racial discrimination, followed by the enhanced interactive dialogue on the oral updates by the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo, and the interactive dialogue with the Independent Expert on the situation of human rights in Mali.

Interactive Dialogue on Agenda Item Eight on Follow-up to and Implementation of the Vienna Declaration and Programme of Action

The interactive dialogue on agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action started in previous meetings and a summary can be found here and here.

Many speakers said the Vienna Declaration and Programme of Action was envisioned to strengthen human rights work around the world, and remained a cornerstone of human rights protection globally.  It reaffirmed the universal nature of human rights and emphasised the need for cooperation and dialogue among nations to promote and protect human rights.  The Vienna Declaration condemned the gross and systematic violations of human rights that continued to be committed in many parts of the world.  It had dealt extensively with violations such as torture and cruel treatment or punishment, summary and arbitrary executions, enforced disappearances and arbitrary detention.  The Declaration stated that human rights were the birth right of all, and that it was the duty of States to protect them, regardless of cultural settings.  The Vienna Declaration and Programme of Action also upheld the protection of the rights of indigenous peoples, and urged States to ensure the full and free participation of indigenous peoples in all aspects of societies. 

As the international community celebrated 30 years since the adoption of the Vienna Declaration and Programme of Action, it was crucial to reflect on its implementation.  While some key recommendations had been implemented, the human rights situation in many conflict areas continued to deteriorate.  Many countries continued to face various human rights challenges, including poverty, inequality, and discrimination.  Violations were still systematically committed in many States, and amounted to serious infringements of fundamental human rights. The suffering of the people in these areas was a matter of concern for the entire international community. 

Some speakers said that States needed to prioritise the implementation of the Vienna Declaration and Programme of Action in their national policies and frameworks.  They should also work towards creating an enabling environment for civil society organizations to participate actively in the promotion and protection of human rights.  Furthermore, it was crucial to address the root causes of human rights violations, including conflict and political instability, which continued to undermine the enjoyment of human rights in many countries.  The international community needed to provide support to States in their efforts to address these challenges, including through capacity building and technical assistance. 

Statement by the Inter-Governmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action

The Council has before it the report of the Inter-Governmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its twentieth session (A/HRC/52/78).

MARIE CHANTAL RWAKAZINA, Chair-Rapporteur of the Inter-Governmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, said that the report of the Working Group on its twentieth session stated that as one of the Durban follow-up mechanisms, it had made a valuable contribution to the implementation of the Durban Declaration and Programme of Action and the promotion of racial equality.  It had deepened its understanding of the current manifestations of racism, shared good practices from different parts of the world, and learned what Member States and other stakeholders were doing on the fight against racism.  It had also spoken about measures to enhance the effectiveness of the Durban Declaration and Programme of Action follow-up mechanisms and ensure better synergy and complementarities in their work.  Last year, the Working Group was particularly honoured by the request made by the General Assembly in its resolution A/RES/76/226, whereby the Working Group was entrusted to elaborate a draft United Nations declaration on the promotion and full respect of the human rights of people of African descent.  The Working Group now had important elements for the draft declaration contained in the annex of the report.

The current draft started with a broad preamble, including among others: the reaffirmation and commitment to human rights and particularly to the principles of equality and non-discrimination; the recognition that racism, racial discrimination, xenophobia and related intolerance constituted a negation of the purpose of the Charter of the United Nations and of the Universal Declaration of Human Rights; the importance to acknowledge the economic, social, cultural, political and scientific contributions made by people of African descent; the acknowledgment of the suffering and evils inflicted on people of African descent as a result of slavery, the slave trade, the transatlantic slave trade, apartheid, genocide and past tragedies; the recognition that colonialism led to racism and racial discrimination, and that Africans and people of African descent were victims of colonialism and continue to be victimized by its lasting consequences; the urge to the international community to take responsibility for, and repair the violations of human rights against people of African descent across the world; a deep concern that the social, economic, political and legal structures and practices that were designed by enslavement, colonialism and successive racially discriminatory policies still persisted today; and the need to pursue sustainable development in a balanced and integrated manner, including people of African descent, in accordance with their own aspirations, needs and interests.

The draft text further advanced concrete measures against racism and racial discrimination against people of African descent, and elaborated their rights in accordance with international human rights law.  It was essential for the legitimacy of the process to consider the concerns expressed by people of African descent themselves, including the issues raised during the first session of the Permanent Forum, as regional and local specificities of communities of African descent such as collective rights, and the need for reparatory justice for crimes of the past.

General Debate Under Agenda Item Nine on Racism, Racial Discrimination, Xenophobia and Related Intolerance: Follow-Up to and Implementation of the Durban Declaration and Programme of Action

Many speakers confirmed their firm commitment to the fight against racism, racial discrimination, xenophobia and related forms of intolerance, and to eradicate racism in all its forms and across all parts of society.  This was in accordance with the Durban Declaration and Programme of Action, in addition to the implementation of the programme of activities for the International Decade for People of African Descent.  It was not enough to be neutral or not racist; the international community needed to be anti-racist.  Ignorance and indifference had no place in any societies.  Acts of prejudice, discrimination, stereotyping, as well as racial, religious and sectarian profiling were affronts to human dignity and equality and should be condemned.  Pluralism, tolerance, dialogue and understanding of religious and cultural diversity were essential for peace and harmony.

Some speakers said that the Durban Declaration and Programme of Action, adopted in 2001, was a landmark document that recognised and addressed historical and contemporary forms of racism, racial discrimination, xenophobia and related intolerance that continued to plague societies around the world.  The Durban Declaration provided a comprehensive framework that recognised the intersectional nature of discrimination and the need for a holistic approach to addressing it.  It provided guidance on a wide range of issues, including education, employment, health, justice, and media, and emphasised the need for effective measures to combat hate speech, hate crimes, and other forms of intolerance.  It was pleasing that the provisions of the Durban Declaration would form the core of the new Permanent Forum on People of African Descent, which underscored the importance of the Declaration as a framework for addressing the institutional and structural forms of racism and discrimination faced by people of African descent, and the need for continued efforts to implement its provisions.

Despite this, the phenomena of intolerance, racism, discrimination and hate speech continued to spread around the world, underscoring the urgent need for more effective measures at national and international levels to address them.  Governments of countries which had seen an increase in extremist groups needed to stand strong against the destructive ideas that spread hate speech against racial, ethnic and religious minorities.  Hate speech and racist and discriminatory practices threatened democratic and human values and weakened the fabric and social harmony, undermining stability, peace and security.  Tolerating these practices could fuel feelings of hostility, incite further violence against minorities, and impact on their rights and social integration.  Some speakers also condemned the recent burning of the Quran in some countries. 

Some speakers said more needed to be done to ensure the implementation of the Durban Declaration and Programme of Action.  It was deeply concerning that some States were actively working to undermine the follow-up to and implementation of the Declaration, including attempts to water down the commitments and obligations it set out, to question its validity and relevance, and to boycott international meetings and initiatives aimed at promoting the implementation of the Declaration.  All States were urged to reaffirm their commitment to the Durban Declaration and Programme of Action, and to take concrete steps to implement its provisions, and not to fall to false narratives peddled by its detractors.

Speakers called on the Human Rights Council and the Office of the High Commissioner for Human Rights to assume their responsibilities and tasks in confronting abhorrent practices of racism, assisting Member States in fulfilling their obligations towards this, and working effectively to promote the values of equality, tolerance and mutual respect.  The Durban Declaration and Programme of Action was a commitment made by the international community to fight against the scourge of racism, racial discrimination, xenophobia and related intolerance, and the progress made by States so far was appreciated.  In the year in which the international community commemorated the seventy-fifth anniversary of the Universal Declaration of Human Rights and the thirtieth anniversary of the Vienna Declaration, they needed to rise to the challenge of overcoming the legacies of slavery, colonialism and racial segregation, so that the universality of human rights could be enjoyed without discrimination.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/le-conseil-des-droits-de-lhomme-est-informe-de-letat-davancement