HRC and Discrimination

Human Rights Council holds general debate on racism, racial discrimination, xenophobia and related forms of intolerance

On September 25th, 2012 the Human Rights Council heard the presentation of a report from the Ad Hoc Committee on Complementary Standards, and then held a general debate on racism, racial discrimination, xenophobia and related forms of intolerance. Abdul Samad Minty, Chairperson-Rapporteur of the Ad Hoc Committee on Complementary Standards, introducing the report of the Ad Hoc Committee, said that, during its fourth session in April 2012, the Committee had had substantive discussions on issues related to xenophobia, the establishment of national mechanisms to combat racism, and on procedural gaps with regards to the International Convention on the Elimination of All Forms of Racial Discrimination. The fourth session of the Ad Hoc Committee was quite successful as the programme of work had become more substantive, and it would continue working on those topics in the future. In the general debate on racism, racial discrimination, xenophobia and related forms of intolerance, speakers reiterated the central role of the Durban Declaration and Programme of Action and urged the international community to continue to support a genuine culture of peace and tolerance.

Speakers condemned the recent production of the film “The Innocence of Muslims” which tried to defame Islam and the personality of the Holy Prophet Muhammad, in a blatant attempt to provoke religious hatred, discrimination and intolerance. It was important to acknowledge that Islamophobia and discrimination on the basis of religion constituted a contemporary form of racism. Other speakers said the fight against racism, racial discrimination, xenophobia and related intolerance remained a global challenge that needed a multilateral and multi-stakeholder approach. Cultural relativism in the enjoyment of human rights was rejected as it undermined the universal natural of human rights. Some speakers were alarmed by the growth in manifestations of racism, xenophobia and intolerance, and the spread of far-right and neo-Nazi thinking in Europe that had taken threatening proportions. Speakers said that discrimination was worsening and xenophobic practices were increasing, especially in this time of crises. There had also been an upsurge of attacks against immigrants and degrading treatment towards minorities. Critical in the fight against this discrimination was international cooperation. Racism continued to be the cause of human rights violations, and new forms of racism continued to take shape. Speakers said that racism and xenophobia remained one of the most dangerous forms of discrimination and it was important to confront extremist ideologies, prejudices and stereotypes of cultural and religious intolerance. The main battle against racism and racial discrimination had to be fought at the national level, as set out in the Durban Declaration, but coordinated international efforts to combat racism and discrimination were also vital.

Human Rights Council holds an interactive dialogue with Working Group of Experts on People of African Descent

On the morning of September 25th 2012, the Human Rights Council held an interactive dialogue with Verene Shepherd, Chairperson of the Working Group of Experts on People of African Descent. Verene Shepherd, Chairperson of the Working Group of Experts on People of African Descent, introducing the reports of the Working Group, said that despite the diversity of situations among people of African descent, there were several common issues that must be addressed. These were manifested in their grouping among the poorest of the poor in many countries, often inhabiting the regions with the most precarious infrastructure and being more exposed to crime and violence, low levels of participation and political underrepresentation. The draft programme presented a series of areas of priority under the three pillars of recognition, justice and development. Concerning the visit of the Working Group to Portugal in 2011, Ms. Shepherd said that despite efforts by the Government to promote integration and prevent discrimination, immigrants and ethnic minorities in Portugal were vulnerable to discrimination and inequality. Portugal, speaking as the concerned country, said that no country in the world could claim it was entirely free from racism, discrimination, xenophobia and related forms of intolerance. Portugal did not have positive discrimination measures targeting people of African descent or any other racial group because it granted the same level of protection to all; however integration policies recognized internationally as best practices had been implemented. Portugal reiterated its firm commitment to fight against racism, racial discrimination, xenophobia and related forms of intolerance.

During the interactive dialogue speakers welcomed the discussions of the Working Group and reiterated their commitment to combat racism and discrimination. Speakers supported the proposed Decade for People of African Descent and the draft programme of action as important steps towards the implementation of existing commitments and the fulfillment of the goals of the Durban Declaration and Programme of Action and the Convention on the Elimination of all Forms of Racial Discrimination. Some delegations questioned the added value of the Decade for People of African Descent, arguing that the collectivization and the creation of a hierarchy of discrimination could undermine the implementation of existing instruments. Ms. Shepherd, in her concluding remarks, said that there was a general agreement in the Working Group that the International Year of People of African Descent had not achieved its laudable objectives, and that was why it proposed the International Decade for People of African Descent. The Decade would move States along to address discrimination against people of African descent, especially where discord existed between policy and practice. The Decade would not be contrary with the existing international law and instruments but would boost the efforts. There was indeed a hierarchy of discrimination, linked to historical wrongs and, while this was uncomfortable to admit, it was necessary in order to end discrimination as set out in the Durban Declaration and Programme of Action.

In her concluding remarks, the Chairperson of the Working Group of Experts on People of African Descent, Verene Shepherd, said that there was a general agreement in the Working Group that the International Year of the People of African Descent had not achieved its laudable objectives, and that was why it proposed the International Decade for People of African Descent. Ms. Shepherd agreed with Portugal that no State was free from discrimination and welcomed its efforts to address discrimination. Hopefully, the Decade would move States along to address discrimination against people of African descent, especially where discord existed between policy and practice. The Chairperson stressed that the proposal for the Decade had been endorsed by the Inter-American Commission of Human Rights. The adoption of special measures such as affirmative action was essential to remedy the situation of people of African descent and address structural inequalities. The Decade would not be contrary with the existing international law and instruments; quite contrary, it would boost the efforts. In conclusion, Ms. Shepherd stressed that there was indeed a hierarchy of discrimination, linked to historical wrongs, slavery and legacy of slave trade; this was uncomfortable to admit for some States, but was necessary in order to end discrimination as set out in the Durban Declaration and Programme of Action.