Council holds interactive dialogue with Special Rapporteur on racism and working group on people of african descent

MIDDAY

27 September 2011

Discontinues Consideration of Human Rights Situation in Tajikistan under Complaint Procedure, Keeps Democratic Republic of the Congo under Review

The Human Rights Council at a midday meeting today held a clustered interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Working Group of Experts on people of African descent.

At the beginning of the meeting, the President of the Council said that in accordance with established practice, the Council had in closed meetings examined the human rights situations in Tajikistan and in the Democratic Republic of the Congo under the Complaint Procedure. The Council has decided to discontinue its consideration of the human rights situation in Tajikistan and to keep under review the human rights situation in the Democratic Republic of the Congo as well as to recommend that the Office of the High Commissioner for Human Rights provide the Democratic Republic of the Congo with technical cooperation, capacity-building, assistance or advisory services as needed in both situations examined under the Complaint Procedure.

Maya Sahli, member of the Working Group on people of African descent, reading out the statement of Githu Muigai, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that the report submitted considered the threats that radical parties continued to pose for human rights and development and looked into the measures taken by States to combat this scourge. The report noted attacks by organized groups and parties against individuals belonging to minorities, asylum seekers, migrants and refugees. The report noted that extremist movements, including Neo-Nazis and anti-Semitic groups, continued to pose a threat to democracy as well, and it noted an increase in the number of parliamentary seats taken by those parties and called on all parties not to form political coalitions with extremist parties. There was a need to ensure that all measures to fight this phenomenon were compatible with international human rights law and democratic principles.

Speaking as a member of the Working Group on people of African descent, Ms. Sahli, presented the Working Group’s report and said they had looked at an overview of the situation facing persons of African descent; the role that positive discrimination played in supporting persons of African descent; and the contribution of persons of African descent to global development. The marginalization of persons of African descent was highlighted along with progress made in combating racism, racial discrimination, xenophobia and related intolerance. Persons of African descent faced structural problems in education, employment, health and justice. Poverty affected persons of African descent disproportionately. As part of recommendations, the Working Group urged the use of the word “Afrophobia” to become common usage and the establishment of the International Decade on Persons of African Descent.

In the interactive dialogue, speakers observed, among other issues, that education played a crucial part in combating racism, as well as penalization, and that racial discrimination was a universal problem. Speakers shared concerns regarding extremist political groups, especially in Europe, political violence, and the use of the Internet to disseminate racism, and mentioned the need to preserve freedom of expression while combating racial hate speech. The Durban Declaration and Programme of Action was referred to by several speakers, as was the need to confront extremist ideologies, prejudices and stereotypes of cultural and religious intolerance in the public domain and a need for a new definition of racism. Speakers said that measures relating to persons of African descent were not implemented effectively as envisaged because of lack of political will. The World leaders gathered in New York in commemoration of the tenth anniversary of the Durban Declaration and Programme of Action and reaffirmed their commitment to the Declaration as well as the outcome document of the Durban Review Conference. It was hoped that the international community would demonstrate the required political will to the effective implementation of the Durban Declaration and Programme of Action, in particular the provisions relating to persons of African descent.

Speaking in the interactive dialogue were Senegal speaking on behalf of the African Group, European Union, Pakistan speaking on behalf of the Organization for Islamic Cooperation, Austria, Algeria, United States, Uganda, Egypt, Cuba, Egypt speaking on behalf on the Non-Aligned Movement, Indonesia, India, Russian Federation, Norway, Morocco, Denmark, Portugal, Ecuador, Uruguay speaking on behalf of the Southern Common Market (MERCOSUR), Brazil, Sweden, South Africa, Armenia, Bangladesh, Honduras, Iran, Venezuela and the United Nations International Children's Emergency Fund (UNICEF).

Also speaking were representatives of non-governmental organizations including International Humanist and Ethical Union, International Youth and Student Movement for the United Nations and Centre for Environmental and Management Studies.

This afternoon at 3 p.m. the Council will hear the report of the Ad Hoc Committee on Complementary Standards and will then hold a general debate on racism, racial discrimination, xenophobia and related forms of intolerance.

Documentation

The Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on the implementation of General Assembly resolution 65/199, (A/HRC/18/44), addresses the latest developments identified by the Special Rapporteur with regard to the human rights and democratic challenges that extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and similar extremist ideological movements continue to pose. The Special Rapporteur identifies good practices developed by States and different stakeholders and examines the main areas of concern where further efforts and consistent vigilance are required, including with regard to the protection of vulnerable groups of individuals against racist and xenophobic crimes and the protection and consolidation of democracy and human rights in general.

The Report of the Working Group of Experts on People of African Descent on its tenth session, Geneva, 28 March to 1 April 2011, (A/HRC/18/45), states that the Working Group of Experts on People of African Descent engaged in a thematic discussion on the situation of people of African descent in the context of the International Year for People of African Descent 2011, as proclaimed by the General Assembly in its resolution 64/169.

Presentation of Reports

MAYA SAHLI, Member of the Working Group on People of African Descent, reading out the statement on behalf of GITHU MUIGAI, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that the report submitted by the Special Rapporteur considered the threats that radical parties including the neo-Nazis continued to pose for human rights and development and looked into the measures taken by States to combat this scourge. In chapter three of the report it emerged that States continued to face challenges in protecting individuals and groups from racism and xenophobia by organised groups and parties. The report noted the attacks by those groups against individuals belonging to minorities, asylum seekers, migrants and refugees. Impunity in any form for crimes motivated by racism and xenophobia encouraged such acts and the report urged States to include in their penal codes adequate sanctions, to undertake adequate investigations of such acts, to provide remedies to victims and to collect data about racist crimes. Further recommendations included adequate training for judicial staff, raising awareness among citizenry of the problem and fighting the increase in the phenomena.

Mr. Muigai’s report noted that extremist movements, including Neo-Nazis and anti-Semitic groups, continued to pose a threat to democracy as well, and it noted an increase in the number of parliamentary seats taken by those parties and called on all parties not to form political coalitions with extremist parties. It was crucial that political parties condemned speeches that fuelled xenophobia, intolerance and racism. There was a need to ensure that all measures to fight this phenomenon were compatible with international human rights law and democratic principles. It appeared that in some cases measures curbing racism were used to limit freedom of expression and free speech by political opponents. States were urged to use new technology, particularly the Internet, to promote positive democratic principles and non-discrimination. The report urged dissemination of best practices and close cooperation with civil society and international and regional human rights mechanisms.

MAYA SAHLI, Member of the Working Group on People of African Descent , said that during the tenth session of the Working Group, the six members had the privilege to receive the High Commissioner. The High Commissioner opened the session and dedicated the session to the International Year of Persons of African Descent proclaimed in General Assembly resolution 64/169. The working group included in its agenda: Durban + 10 and developments that had taken place following the Durban Declaration; an overview of the situation facing persons of African descent; the role that positive discrimination played in supporting persons of African descent; and the contribution of persons of African descent to global development.

The visit to Washington of the chair of the group enabled meetings with civil society and representatives of international institutions. There was lack of interest and low mobilization in New York on a visit by the chair of a working group. The marginalization of persons of African descent was highlighted along with progress in combating racism, racial discrimination, xenophobia and related intolerance. Slavery was declared a crime against humanity. The Working Group highlighted constitutional and legislative reforms. If slavery and the transatlantic slave trade were dark points, negating historical truth was unacceptable. The issue of compensation and reparations should be discussed. Modalities were necessary to deal with historic responsibilities. Persons of African descent faced structural problems in education, employment, health and justice. Problems existed relating to racial profiling related to racism and xenophobia. All of the recommendations by the Committee on the Elimination of Racial Discrimination remained largely ineffective. Increased security measures had been reflected by increased incarceration of persons of African descent. Poverty affected persons of African descent disproportionately. Measures that strengthened persons of African descent should be encouraged. Persons of African descent received prejudice and should be in receipt of positive action to counter this. Debate in western countries limited measures of positive discrimination.

It was important to highlight the contribution of persons of African descent to world development. The role of young persons of African descent should be encouraged. The role played by persons of African descent in political processes should also be highlighted. It was also necessary for the contributions of persons of African descent to be highlighted to fight against stereotypes and negative practices. The Working Group noted the need to implement the Durban Declaration and Programme of
Action and urged States to adopt measures of positive discrimination and reparation. The Working Group regretted the lack of participation of countries from the Caribbean and western countries in meetings. As part of recommendations, the Working Group urged the use of the word Afrophobia to become common usage and the establishment of the International Decade on Persons of African Descent. The Working Group encouraged country visits of the group and thanked Portugal for cooperation given during its visit in May 2011.

Interactive Dialogue

MOHAMED LAMINE THIAW (Senegal), speaking on behalf of the African Group, thanked the Special Rapporteur as well as the Working Group for the topical reports submitted today. The African Group reminded the Council of the importance of the mandate of the Special Rapporteur; and hoped, following the resignation of Mr. Muigai, that the future mandate holder would meet the demands of the office. The report on racism had the advantage of containing best practices which involved state and non-state actors, from fostering awareness of racism to the prosecution of xenophobic acts; and went into detail about these measures to combat racism, including penalization. The report should have taken into account the dire situation of African populations and people of African descent whom were often the victims of these acts. The Council should be vigilant in order to turn the tables and strengthen the role played by education in human rights besides the Special Procedures, specifically concerning people of African descent. The African Group expressed appreciation for the holding of a thematic debate as part of the International Year of People of African Descent. It had included interesting discussions on the efforts to fight discrimination, their contributions to the world and the wise background provided about their history. Many people of African descent suffered from discrimination and marginalization because of their origins. Greater attention from the international community was needed.

RADKA PATALOVA (European Union) said that even though the European Union had abstained on the resolution of the General Assembly because of the narrow approach of the text, it nevertheless appreciated the compilation of good practices developed at the national level to counter extremist political parties contained in the report. The European Union was concerned with the Special Rapporteur that in many countries domestic laws did not always cover the definition of racial discrimination as enshrined in Article 1 of the Convention on the Elimination of Racial Discrimination. The European Union supported the recommendations of the Special Rapporteur when he called upon the States parties to the Convention to fully comply under their obligations under Article 4. On the report presented by the Working Group on people of African descent, the European Union said that the fight against racism, xenophobia and intolerance was important to the European Union and its Member States. Racial discrimination was a universal problem that existed in all hemispheres and continents and the fight against the phenomenon must be global. Establishing hierarchy of those affected by racial discrimination was not acceptable and therefore the European Union rejected the use of potentially harmful terminology such as “afrophobia”.

MUHAMMAD SAEED SARWAR (Pakistan), speaking on behalf of the Organization for Islamic Cooperation, said the Organization for Islamic Cooperation attached immense importance to issues of racism, racial discrimination, xenophobia and related intolerance. The Organization for Islamic Cooperation shared concern of the use of the Internet to disseminate racism on the Internet. The Organization for Islamic Cooperation said there needed to be a clear method of demonstration of a threshold of freedom of expression in international law.

The Organization for Islamic Cooperation recognized that people of African descent were victims of denial of many of their rights. Measures relating to persons of African descent were not implemented effectively as envisaged because of lack of political will. The World leaders gathered in New York in commemoration of the tenth anniversary of the Durban Declaration and Programme of Action and reaffirmed their commitment to the Declaration as well as the outcome document of the Durban Review Conference. The Organization for Islamic Cooperation hoped the international community would demonstrate the required political will to the effective implementation of the Durban Declaration and Programme of Action, in particular the provisions relating to persons of African descent.

JOHANNES STRASSER (Austria) welcomed the focus of the report on human rights and democratic challenges that extremist political parties, movements and groups, including neo-Nazis and skinhead groups, continued to pose. Austria further considered this dialogue as an important opportunity to share good practices developed by States and different stakeholders as well as to identify the main areas of concern where further efforts were required. The persistent existence of these groups and movements constituted a major challenge to societies. They tried to undermine a number of human rights and fundamental freedoms. Concerted international responses were needed and Austria underlined its historical responsibility and commitment to the fight against xenophobia, anti-Semitism and all other forms of racism and intolerance. At the national level, Austria had taken several measures to counter the problem of right-wing movements and groups. The Austrian Federal Agency for State Protection and Counter Terrorism had compiled an information folder which described the background and the threats of right-wing extremist skinhead music. Austria shared the assessment of the Special Rapporteur that human rights education was a key tool in countering the rise of extremist parties, movements and groups; and that educational measures were indeed crucial in promoting human rights and democratic values. While good practices had been identified by the Special Rapporteur, important challenges remained that required efforts and increased vigilance from States. Austria emphasized the importance of the full implementation of the provisions of International Convention on the Elimination of All Forms of Racial Discrimination, especially article 2.

IDRISS JAZAIRY (Algeria) said that the spread of extremist political and ideological parties and movements in many parts of the developed world posed a challenge to protection from racism and xenophobia, particularly for vulnerable groups such as minorities, asylum seekers, migrants and refugees. Algeria fully supported the call of the Special Rapporteur to honour obligations and commitments to the Durban Declaration and Programme of Action and particularly the recommendations in the report aiming to curb the use of the Internet by extremist groups. Algeria agreed with the conclusions of the Working Group on people of African descent that the lack of political will and commitment by States was the main challenge to the implementation of the Durban Declaration and Programme of Action. Algeria supported the recommendations of the Working Group and underlined the importance of acknowledging the respect of diversity and the necessity to address stereotypes and prejudice against people of African descent.

AMIRA FOUAD (United States) welcomed the reports of the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance and the Working Group of experts and their continued vigilance against racism. The United States condemned racism of any kind and worked hard at every level to combat it. Domestically the United States took the issue of racism seriously and responsibly. United States law prohibited discrimination in all areas of life. Hate crimes were prosecuted. Laws and programmes ensured fair housing, fair lending, equal educational opportunity, equal employment opportunity and the right to vote to all regardless of race. Multilaterally, the United States had pledged $ 650,000 to UNESCO to develop an anti racism curriculum. Even best intentions to combat racism must preserve robust freedom of expression. Based on the United States own experience, the best antidote to combat racism was not to ban hate speech. It should be combated by robust legal protection, proactive government outreach and vigorous speech to challenge the premises of racial hate speech.

MAURICE PETER KAGIMU KIWANUKA (Uganda) noted that the report raised developments with regard to important but sensitive issues related to the Special Rapporteur’s portfolio, including neo-Nazis and skinhead groups. Uganda had experienced first hand the enormous trauma that could be inflicted on society by extremists’ ideological movements such as Al Shabaab. In this regard, Uganda requested the new Special Rapporteur to include this group that practiced gross human rights abuses. Uganda agreed that consistent vigilance was required at all times to protect persons against racists and xenophobic crimes but also against all crimes perpetrated by extreme ideology. Uganda joined those Member States that had added their voice to the international community to decry the emerging trend of extremist propagation of xenophobia by extremist political parties, movements and groups, especially in Europe. Uganda agreed with the recommendations of the Special Rapporteur, particularly those that drew from and built upon the Durban Review Conference as well as the International Convention on the Elimination of All Forms of Racial Discrimination. All recommendations were achievable in the view of Uganda but required political will. Concerning the recommendation of the Working Group, Uganda indicated that it was incumbent upon the Council to recognize the incredible stigma arising from the systematic and prolonged discrimination against people of African Descent as evidenced in the report. Uganda had noted with appreciation the work of the Special Rapporteur to promote the rights entrusted to his supervision and echoed disappointment about the weak interest shown by Member States to this vital issue. Uganda also shared the concerns raised by Mr. Sicilianos and other members of the Working Group on the situation of people of African descent.

BASSEL SALAH (Egypt), speaking on behalf on the Non-Aligned Movement, reaffirmed the validity of the Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference as a solid foundation to combat racism, xenophobia and related intolerance. The Non-Aligned Movement condemned all forms and manifestations of racism, racial discrimination and xenophobia which constituted serious violations of human rights and fundamental freedoms. The Non-Aligned Movement expressed its serious concern at the resurgence of contemporary forms of manifestations of racism, racial discrimination and xenophobia in various parts of the world and added that one of the most common contemporary forms was discrimination and violence against persons based on their religion or belief. The Non-Aligned Movement said that States should take effective measures consistent with their obligations under international human rights law to address and combat such incidents and highlighted the significance of adapting a comprehensive approach based on a solid legal framework and its effective, inclusive and cooperative implementation. On the Working Group of Experts on people of African descent, the Non-Aligned Movement noted the report and the recommendations on the insufficient attention given to contributions of people of African descent to world development and inquired about ways and means to increase visibility of such contributions.

YUMIRKA FERNANDEZ PALACIOS (Cuba) said that racism and racial discrimination could be seen in the dissemination of intellectual ideas based on superiority and racial hatred disguised in the pretext of freedom of expression. It was necessary to deal away with the root causes of racism and this could only be done by establishing a new economic order based on equity and solidarity. Cuba urged the full adoption of the Durban Declaration and Programme of Action. African roots nourished Cuban culture and society and the Cuban revolution had fought against racism and xenophobia. All Cubans, men and women, with no exception had the same rights with no discrimination.

ETIKA JUNIATI YUSTISIANINGRUM (Indonesia) said Indonesia continued to pledge its commitment to ensure the effective enjoyment of all human rights and fundamental freedoms for all, as well as the need for all stakeholders to unite against racism, racial discrimination, xenophobia and related intolerance. Indonesia emphasized the necessity to strengthen efforts to build bridges and to mobilize political will at the national, regional and international levels towards the full and effective implementation of the Durban Declaration and Programme of Action and its follow-up process. Indonesia had enacted Law No. 40/2008 on the elimination of racial and ethnic discrimination, which included a monitoring mechanism by the national human rights institution. Indonesia noted with concern the challenges relating to the existence of extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and other similar extremist ideological movements as mentioned in the report. Indonesia welcomed the Special Rapporteur’s conclusion and recommendations that integrated measures should be implemented with the involvement of the relevant stakeholders, including the need to give attention to the victims, and for the sharing of best practices, particularly where these concerned the provision of education and awareness-raising activities to foster tolerance and respect for multiculturalism. At the international level, Indonesia welcomed the convening of the round table of the high-level meeting of the General Assembly to commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action, which constituted a renewal of commitments to strengthen efforts to translate policies into action.

GLORIA GANGTE (India) said that the latest report of the Special Rapporteur outlined some of the good practices developed by States and other stakeholders to counter the abhorrent practice of racism and xenophobia and added that the Indian Constitution had adequate safeguards built in, enshrining the basic value of equality. It was regrettable that the challenge of racism, racial discrimination, xenophobia and related intolerance continued to persist today and was affecting the most vulnerable such as minorities, migrants, refugees and others. Political violence was on the rise in various parts of the world and had become more brutal and vicious. There was a need to create a greater political will and momentum internationally to develop more effective measures to enhance the implementation of the Durban Declaration and Programme of Action. The international campaign would bear fruit only when States promulgated stringent national laws, strictly implemented them and ensured that the attitudes of people changed. The most definite guarantee against racial prejudice and discrimination was development and nurturing of multi-cultural, and democratic and pluralistic traditions with the inculcation of values of tolerance and respect for diversity.

ROMAN KASHAEV (Russian Federation) said the Russian Federation commended the report by the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance. On the sixtieth anniversary of the Nuremberg Trials, the world was witnessing a rise in the dangerous trend of nationalist neo-Nazi xenophobic behaviour in many countries. In many of these countries, racist groups had attempted to falsify history making heroes of those involved in Nazi crimes while the authorities had either not noticed or had hidden behind freedom of speech. The Russian Federation agreed with the Special Rapporteur that any manifestations on the incitement to racist and xenophobic speech should be prosecuted by law and could not be protected under the pretext of the right to speech. States should ensure that technology and the Internet would not be used to incite racism but to promote democracy. The subject of countering neo-Nazi and extremist ideas was complex and the Russia Federation called for more study on this issue.

HARRIET E. BERG (Norway) said it was important to confront extremist ideologies, prejudices and stereotypes of cultural and religious intolerance in the public domain. Racism, racial discrimination, xenophobia and related intolerance could easily lead to hatred, violence, and in the worst cases full-blown conflict. Two months ago Norway had experienced a shocking event. Seventy-seven people were killed and many more were wounded. The attacks appeared to be fuelled by hate towards a multicultural society, different religions, cultures and individual rights. It represented an attack on Norway both as a democratic society and on the Norwegian values based on equality, non-discrimination, and other fundamental human rights and freedoms. The Norwegian response was to intensify the resolve for more democracy, more openness and more inclusiveness. Last week the tenth anniversary of the Durban Declaration and Programme of Action was commemorated. The mission of the Durban Conference and the Review Conference was to fight racism everywhere in the world. Norway attached great importance to following up these political commitments as well as commitments though the human rights conventions, including the International Convention on the Elimination of All Forms of Racial Discrimination. Norway strongly supported the Special Rapporteur’s recommendation to fight impunity by bringing to justice the perpetrators of crimes with racist and xenophobic motivation and protecting and engaging with vulnerable groups at risk. The report documented the increased use of the Internet by extremist groups; Norway asked the panel if there was documentation on an increase in this type of activities in the past; and about good practices to use new technologies to promote the values of equality, non-discrimination, diversity and democracy.

OMAR RABI (Morocco) said Morocco would have liked to have had a discussion with the Special Rapporteur himself and hoped that the replacement for Mr. Mugai would be found soon. Ten years after the adoption of the Durban Declaration and Programme of Action, the international community had reaffirmed their commitment to this instrument last week in New York, which was also an opportunity to learn lessons from this persistent scourge and develop international cooperation to this effect. Morocco welcomed the high-level debate to effectively fight this scourge. The world was facing new forms of racism, racial discrimination, xenophobia and related intolerance, including the role of new technologies in inciting racial hatred. The Durban Declaration and Programme of Action called for banning of any incitement to racial hatred and should be considered a crime and punished by law. Morocco emphasized that this was compatible with freedom of expression and free speech.

TANJA VESTERGAARD JORGENSEN (Denmark) said Denmark welcomed the Special Rapporteur’s overview of the variety and range of instrumental practices developed by States and other stakeholders to counter extremist political parties, movements and groups, which illustrated the commitment by States, as well as the significant progress of the collective work on combating racisms. Denmark believed that awareness-raising through education, training and campaigns was critical not only for countering extremism and racism but also for the protection of potential vulnerable groups. Denmark was pleased that the Special Rapporteur had addressed the protection of vulnerable groups of individuals against racist and xenophobic crimes in the report and the specific mentioning of minorities, Roma and Sinti, migrants, refugees and asylum-seekers. Denmark would however have appreciated an elaboration on whether the same need for protection applied to members of sexual minorities. Denmark asked how States could counter the use of the Internet for propaganda purposes without interfering with a person’s right to freedom of opinion and expression.

RICARDO EDUARDO V.P. PRACANA (Portugal) thanked the Working Group for the official country visit it undertook to Portugal in May, under the standing invitation issued for all the Special Procedures of the United Nations human rights system. Portugal was very grateful for the opportunity that the Group’s visit gave to present in more detail the Portuguese programmes and initiatives to facilitate the lives of migrants. Equality of treatment and respect for human rights constituted the ground pillars of Portuguese public policy. For the second consecutive year, Portugal had been ranked second in the Migrant Integration Policy Index by the Migrant Policy Group and the British Council. Many Portuguese citizens were of African descent. African culture was inextricable from Portuguese culture. Portugal also acknowledged the Group of Experts’ opinion on the issue of collection of disaggregated data by race and on the subsequent adoption of positive and affirmative action policies if deemed necessary. For Portugal, however, this could not be a universal principle applicable everywhere, regardless of national context and very different historical and cultural backgrounds. In Portugal’s case, this approach was not adequate for a multicultural society since any kind of discrimination based on race was constitutionally forbidden. On the other hand, Portugal believed that the adoption of a racial criterion as the basis for the definition of public policies could also undermine State policies to promote multiculturalism and to combat social exclusion.

ALFONSO MORALES (Ecuador) said Ecuador took note of the compilation of best practices in the report presented by the Special Rapporteur, including training of judicial personnel and awareness raising among the general public. Ecuador commended the Working Group for their report and noted the positive comments made about Ecuador and the reform process. The national Government was drafting a law and establishing a National Council for Equality. National laws granted equal rights to different peoples who were free to develop their own forms of free coexistence. Those were some of the efforts in Ecuador to promote respect for marginal groups. Ecuador reaffirmed its commitment to combating racism, racial discrimination, xenophobia and related intolerance and to the promotion of human relations based on human rights.

FEDERICO PERAZZA (Uruguay), speaking on behalf of the Southern Common Market (MERCOSUR), said there was a need to recognize the challenge that the consolidation of democracy was facing in the growing nature of racist and xenophobic groups and platforms in different parts of the world. There should be a condemnation of all crimes against vulnerable groups, such as refugees, and a reaffirmation to the commitment to the Durban Declaration and Programme of Action. The countries of the Southern Common Market would be presenting to an upcoming session a resolution on the incompatibility of racism with democracy and would encourage all Member States and observers to join in as cosponsors and supporters. The resolution would have a broad approach as it was recognized that it was not possible to think about democracy and participation without respecting diversity and fighting racism and xenophobia. The international community should reaffirm the concern it felt for the rise of racism and xenophobia in the political sphere.

FRANKLIN RODRIGUES HOYER (Brazil) welcomed the presentation of the reports and said that Brazil attached great importance to the mandate of both mechanisms. A few days ago the United Nations General Assembly had celebrated the tenth anniversary of the Durban Declaration and Programme of Action. This meeting had aimed to mobilize political will at the national, regional and international levels and reaffirm political commitment to the full and effective implementation of the Durban Declaration and Programme of Action, the outcome document of the Durban Review Conference and follow-up processes. Brazil was fully committed to that aim. As it was highlighted at the high-level meeting by Minister Luiza Bairros, the near future challenged to evaluate resilience and complexities of racism because, in spite of the best efforts, racism had recreated itself as a set of dehumanizing ideas and practices, continuously affecting the lives of peoples worldwide. As the country with the largest population of African descent, Brazil attached great value to the International Year of People of African Descent. An effective system of protection against racism and discrimination required improving coordination among human rights mechanisms. Their performance needed to be enhanced and the necessary means needed to be provided for the discharge of their mandate. The fight against racism was a joint endeavour of humanity and it was not a fight to be forsaken.

MARK DAVISON, of United Nations International Children's Emergency Fund (UNICEF), said that racism, racial discrimination, xenophobia and related intolerance were among the root causes in the widening gaps in human development between poor and rich children. UNICEF was currently focusing its core work to reach the most disadvantaged and marginalised children. Accurate disaggregate data was vital for the protection of the rights of marginalised children and therefore UNICEF was strengthening how it collected and analysed data so as to expose the day-to-day reality for children subjected to racism and discrimination. Children were a positive force for change and UNICEF was working to empower children and adolescents by making them aware of their rights and helping them build their skills so that they were able to promote tolerance and respect for diversity.

ANNA JAKENBERG BRINCK (Sweden) said it would like to follow-up on the recommendation where the Special Rapporteur encouraged States to use new technologies, including the Internet, to promote the values of equality, non-discrimination, diversity and democracy. In Sweden’s view, one of the best ways that States could meet these goals was by improving access to new technologies for everyone, by keeping the Internet open and free, and by ensuring that human rights were respected on-line. Would the Special Rapporteur agree with this basic approach and could the Special Rapporteur share some examples and best practices on how States had used the Internet as a tool for promoting non-discrimination and democracy? In States where political will was weak or wavering, how could moderate forces and political parties address issues of racism, intolerance, and extremism?

BASSEL SALAH (Egypt) said Egypt shared the concerns of the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance. Extremist political parties, movements and groups continued to pose major challenges especially with regard to the protection of vulnerable groups of individuals from racist and xenophobic crimes.
States should ensure prompt, thorough and impartial investigations of racist crimes. Egypt shared the concern of the Special Rapporteur on the increased use of the Internet by extremist political parties. Egypt called on States to implement fully articles 19 to 22 of the International Covenant on Civil and Political Rights which guaranteed the right to freedom of expression and determined the limitations thereto, in addition requiring the legal prohibition of incitement to national, racial and religious hatred. Egypt asked what measures at the international level should be taken against the failure by some countries to meet their obligations stemming from article 20 paragraph 2 of the International Covenant on Civil and Political Rights. Egypt commended the Working Group for its suggestions that States implement as a priority the provisions relating to persons of African descent in the Durban Declaration and Programme of Action.

KGOMOTSO DAPHNE RAHLAGA (South Africa) said that South Africa pledged its full support to the Durban Declaration and Programme of Action and welcomed the adoption of the political declaration on 22 September during the high-level meeting of the United Nations’ General Assembly and called for its implementation. The Special Rapporteur had raised the important issue of the rise in extremist political movements and in this regard he had identified the need for establishment of specialised institutions to monitor those movements. South Africa wished to hear more about best practices in this respect. South Africa was also concerned about the raising number of incidents against migrants and refugees of African descent which were in contrast with human rights and principles of equality. South Africa reaffirmed the importance of the Durban Declaration and Programme of Action as a comprehensive framework in the fight against racism, racial discrimination, xenophobia and related intolerance.

SATENIK ABGARIAN (Armenia) said that tolerance constituted a fundamental foundation of societies that were genuinely democratic; political parties played an important role in fighting racism. The Government of Armenia pursed a policy that implemented fully the fight against racism including supporting in full the Durban Declaration and Programme of Action. Democracy and political parties enriched societies by forming and guiding public opinion in many ways. Armenia had noted the consistent use of anti-Armenian propaganda which had led to an incitement of racism, prejudice and discrimination against Armenians. The Government of Armenia stressed that this type of anti-Armenian propaganda had become a general policy which had been noted by human rights organizations. Armenia expressed its support for the recommendations of the Special Rapporteur and urged all Member States to adopt them.

NAHIDA SOBHAN (Bangladesh) said article 2 of the Convention on the Elimination of All Forms of Racial Discrimination said the State should not sponsor discrimination by any organization. Bangladesh was concerned about attacks on migrants. It was alarming to note incidents of attacks linked to far right parties, attacks on places of worship and stabbings in the street. On the political front it was disturbing to note the connection of extremist groups to racist and xenophobic crimes. Misuse of the Internet such as in recent events in Europe proved that this was a dangerous phenomenon. Such acts should not be condoned in the name of freedom of expression. Freedom of expression should be exercised responsibly in line with the guidance from the International Covenant on Civil and Political Rights. Bangladesh appreciated the Year of Peoples of African Descent that raised awareness of the problems facing persons of African descent. The need to collect disaggregated data to measure discrimination merited consideration.
ROBERTO FLORES BERMUDEZ (Honduras) said Honduras appreciated the presentation of reports by the Special Rapporteur and the Working Group on people of African descent. The Government of Honduras was committed to the protection of people of African descent and in August 2011 had held the first World Congress of People of African Descent which had been an important event in which more than 1,000 delegates from 43 countries had taken part. In 2010 the Government had established a department for the affairs of people of African descent and had also established three initiatives such as the decade of people of African descent, the establishment of the development fund for people of African descent and the Forum or permanent Parliament of people of African descent.

ASGAR SADR KHAN (Iran) said the persistent existence of extremist groups had posed major challenges to a number of human rights and freedoms. Regrettably in recent years, in addition to neo-Nazi groups, a number of right wing parties had contributed to the recent trend in Islamophobia, insulting Islamic sanctities and fueling hatred against Muslim minorities based on introducing a distorted image of Islam. As a result, there was a trend which had manifested itself in the destruction of Islamic sites of worship and the desecration of Muslims’ holy book. What special measures would the Special Rapporteur recommend for preventing and combating the alarming expansion of Islamophobic ideologies in western countries at a national level? Could the Special Rapporteur elaborate on the effects of xenophobic expressions by the right wing political parities and other extremist groups and individuals?

EDGARDO TORO CARRENO (Venezuela) said the Government of Venezuela had passed a basic law on racial discrimination. This was prosecuted as an offence. Venezuela welcomed the establishment of international mechanisms to reopen the debate on reparations for the slave trade. Venezuela recognized the role of persons of African descent in the creation of the identity of Venezuela. Venezuela reasserted the strong commitment of the Government to the eradication of racism, racial discrimination, xenophobia and related intolerance, particularly that which incited religious or racial hate.

ROY BROWN, of International Humanist and Ethical Union, in a join statement with World Union for Progressive Judaism, said in a joint statement that the report of the Special Rapporteur did not make reference to discrimination against women, for example, such as discrimination against Muslim women in the United Kingdom and Germany. What was needed in Europe was recognition that pluralism meant equality of all in front of law.

JAN LONN, of International Youth and Student Movement for the United Nations, recognized the good work of the Working Group of Experts on people of African descent. The Working Group supported working with civil society in commemoration of the tenth anniversary of the Durban Declaration and Programme of Action. The Movement welcomed the positive impact of the Working Group on the commemoration and welcomed and supported all recommendations made by the Working Group in their report to the Human Rights Council. The Working Group drew the attention of the Council to the invisibility of discrimination of people of African descent and urged its recognition as discrimination and inclusion of the term afrophobia.

AJIT SINGH, of Centre for Environmental and Management Studies, said the battle against apartheid was won because it had focused on the attempt to distinguish between people on the basis of God given characteristics. Other forms of discrimination, many based on human defined attributes, had been included in the definition of racism and the fight against apartheid. The threat of racial discrimination had not abated but fighting it would be impossible if one were to keep extending the definition of racism. Racism was identifying individuals and groups by their God given characteristics and then discriminating against them and only such a definition of racism should be characterized as xenophobic.

Concluding Remarks

MAYA SAHLI, Member of the Working Group of Experts on People of African Descent, said in her concluding remarks that the comments received on the report by the Special Rapporteur on racism would be conveyed to the office of the Special Rapporteur. Turning to the comments made on the work and the report of the Working Group, Ms. Sahli said that it was too early to have an evaluation of the activities conducted in the International Year of People of African Descent. A number of countries had expressed their concern about the lack of disaggregated data on people of African descent and this concern was shared by the Working Group. States should take the responsibility to provide such data, Ms. Sahli said. People of African descent were recognised as a category in the Durban Declaration and Programme of Action, and that meant their recognition as a category that could be vulnerable to discrimination practices, but also that it could be better dealt with in different other sectors, for example in education. People of African descent lived in many corners of the world, but what was binding them together was that violations of their rights should be denounced. Ms. Sahli asked a recurring question: whether the international community was sufficiently equipped to deal with racism, racial discrimination, xenophobia and related intolerance against people of African descent. There was determination and will by some States to help develop positive legislation and regulation in favour of people of African descent, but the question was whether those efforts were sufficient; some States had done with the revision of legal texts, while others had taken other positive action as well. All of the observations converged towards a common concern that was declaring a decade of people of African descent but this proposal needed to be supported by the international community, said Ms. Sahli in conclusion.

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