HRC 55: Racism remains a challenge in a Changing World 

The 55th Session of the Human Rights Council

26 February – 5 April 2024

Presentation of the report of IGWG on DDPA

Item 9: Racism, Racial discrimination, xenophobia, and related forms of intolerance: follow up to and implementation of the DDPA

28 March 2024

By Jamel Nampijja / GICJ

Executive Summary

On 28 March 2024, during the 48th Meeting of the 55th Session of the Human Rights Council, the Intergovernmental Working Group (IGWG) on the Effective Implementation of the Durban Declaration and Programme of Action (DDPA) presented its report. The report provided information on the twenty-first session of the Working Group, held in Geneva from 16 to 20 October and from 20 to 24 November 2023. 

During the General Debate, Representatives of UN Member States and Observers, including Observer States, Intergovernmental Organisations and Non-Governmental Organisations, highlighted the persistent challenges and shared their commitments to combat these critical issues related to racism, racial discrimination, and related forms of intolerance. 

The representative of Brazil, speaking on behalf of a group of Latin American countries, emphasised the importance of implementing the Durban Declaration and Program of Action (DDPA) to address racism and discrimination. They called for policies to tackle structural inequalities, promote reparatory justice, and combat stereotypes through education. Gambia, representing the African Group, stressed the significance of the DDPA in tackling racism and discrimination globally. They urged all states to take concrete measures, including access to justice for victims and awareness-raising initiatives.

The European Union reiterated its commitment to the DDPA and called for meaningful engagement in its implementation. They emphasised the importance of international cooperation and solidarity to promote tolerance and respect for diversity. Egypt, on behalf of the Arab Group, highlighted the need to address racism and discrimination, particularly in the context of the Israeli occupation of Palestine.

The Non-Aligned Movement (NAM) reaffirmed its commitment to the DDPA and called for urgent action to address discrimination globally. Speaking on behalf of NAM, the representative of Uganda emphasised the importance of prevention, accountability, and equal access to opportunities in eradicating racism.

Several countries, including Cuba, China, and Bangladesh, echoed support for the DDPA and condemned racism, discrimination, and intolerance. They called for concrete measures to protect vulnerable populations and ensure equality for all.

However, the session was not without controversy, as evidenced by the exchange between representatives of Ukraine and Russia regarding the status of Crimea. Despite Ukraine's objections, the Russian Federation was permitted to deliver a video statement highlighting discrimination against Russians in European countries. This exchange highlighted the ongoing tensions between Russia and Ukraine, particularly regarding Crimea. It illustrated the complexities of addressing human rights issues within international organisations like the Human Rights Council.

The session stressed the urgent need for collective action to address racism, racial discrimination, and related forms of intolerance. While there were calls for greater accountability and implementation of existing frameworks such as the DDPA, challenges persist, particularly in conflict-affected regions like Palestine and Crimea.

Geneva International Centre for Justice (GICJ) welcomes the IGWG-DDPA report. GICJ is concerned about the persistent challenges of racism, racial discrimination, and related intolerance. GICJ urges the UN and the international community to take more concrete measures to address these issues; this includes implementing the DDPA comprehensively, promoting awareness and education to combat stereotypes, ensuring access to justice for victims, and fostering international cooperation and solidarity. Member States must take concrete measures to protect vulnerable populations, uphold human rights, and create inclusive societies free from discrimination. All states must fulfil their obligations under international law and work together to eradicate racism in all its forms.

Background

The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action (IGWG-DDPA) is one of the three mechanisms established in 2001 to follow up the Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa. The Commission on Human Rights established the Intergovernmental Working Group on Human Rights resolution 2002/68 and approved by the Economic and Social Council in its decision 2002/270 of 25 July 2002.

The DDPA is a comprehensive document that addresses various forms of racism, racial discrimination, xenophobia, and related intolerance. It outlines a framework for national, regional, and international action to combat these issues effectively. However, its implementation has faced challenges, and the IGWG-DDPA was established to address these challenges and facilitate the effective implementation of the DDPA.

As spelt out in operative paragraph 7 of Commission resolution 2002/68, the IGWG's mandate is to make recommendations for effectively implementing the Durban Declaration and Programme of Action.  

The IGWG is an open-ended working group, meaning that all United Nations Member and Observer States, intergovernmental organisations, non-governmental organisations with ECOSOC consultative status, and non-governmental organisations accredited for the World Conference against Racism may attend its public meetings.

The IGWG-DDPA meets regularly to review progress, share best practices, and identify areas for further action. It provides a platform for Member States, civil society organisations, and other stakeholders to collaborate and exchange ideas on combating racism and related forms of discrimination. 

H.E. Marie Chantal Rwakazina is the Ambassador of the Republic of Rwanda to Switzerland and Permanent Representative to the United Nations, the World Trade Organisation (WTO), and other International Organisations in Geneva and is the Current Chair-Rapporteur of IGWG-DDPA.

Report of the IGWG-DDPA

Ambassador Muhammadou M.O. Kah presented the report of the IGWG-DDPA; he highlighted the importance of the Durban Declaration and Program of Action (DDPA) as a significant framework for addressing racism, racial discrimination, xenophobia, and related intolerance globally. He emphasised that the DDPA promotes the principles of equality and non-discrimination, which are fundamental to human rights, and provides a roadmap for states international organisations, civil society, and other stakeholders to combat these issues effectively.

Discussion Topics

He stated that during the 21st session of the IGWG-DDPA, held from 16 October to 20 November and 20 November to 24 November 2023, participants engaged in discussions on various aspects related to racism and discrimination, including national action plans, legislation, education, awareness-raising, employment, health, environment, poverty eradication, and economic development to address these issues comprehensively.

Focus on People of African Descent

Ambassador Kah recognised the structural and systemic inequalities faced by people of African descent. He emphasised the importance of collecting disaggregated data to address systemic racism effectively and acknowledged the momentum for dialogue on reparatory justice.

Recommendation for Second International Decade

The IGWG-DDPA recommended declaring a second international decade for people of African descent to build on past achievements and address emerging challenges, including the misuse of artificial intelligence and environmental degradation. Additionally, discussions on the draft United Nations declaration on the human rights of people of African descent were ongoing, aiming to create a comprehensive framework addressing historical and contemporary racism.

The report highlighted several key observations and recommendations to accelerate the implementation of measures outlined in the action plan:

Rising Intolerance and Discrimination: The report highlighted the increasing hindrance to peaceful dialogue and coexistence globally due to intolerance, negative stereotyping, and discrimination based on religion or belief. It noted the weaponisation of religious differences for political gain, leading to claims of superiority by certain groups and the perpetuation of violence.

Efforts and Challenges: While some states and religious leaders have tried to promote interreligious dialogue and combat religious discrimination, challenges persist. Members of religious or belief minorities continue to face intolerance, stereotyping, stigmatisation, and violence, both online and offline.

Comprehensive Approach Needed: The report emphasised the need for a comprehensive approach to combat religious hatred, including training initiatives for various stakeholders, such as law enforcement officers, judiciary, teachers, and media professionals. It stressed the importance of integrating faith literacy and promoting better understanding and sensitivity towards religious diversity.

Protection of Fundamental Freedoms: Efforts to combat religious hatred must be carefully tailored to avoid censorship, suppression, or discrimination that may silence legitimate criticism and debate. The report emphasised the importance of upholding international obligations to enact and enforce comprehensive anti-discrimination laws while safeguarding fundamental freedoms, including freedom of expression.

Role of International Instruments: The report highlighted the role of United Nations tools and frameworks, such as the Rabat Plan of Action and the Faith for Rights framework, in providing human rights guardrails and facilitating cross-disciplinary action against incitement to religious hatred and other human rights violations.

Responsibility of Social Media Companies: Social media companies were urged to play a significant role in containing the spread of hate speech online. While some progress has been made, more efforts are needed to address hate speech effectively, including better listening to those affected and providing prompt action.

Promotion of Tolerance and Diversity: Political and religious leaders were called upon to speak out against disrespect and intolerance and promote respect and understanding between individuals and communities across religions and beliefs. Education initiatives, positive speech campaigns, research, and efforts to promote inclusion are highlighted as necessary means to advance tolerance and diversity.

International Peace and Security: Greater tolerance, respect, and recognition of diversity, including religion or belief, are essential for promoting international peace and security and harnessing societies' full potential. Further progress in implementing the action plan requires consistent involvement from States, national human rights institutions, UN entities, independent experts, and civil society actors, including faith-based organisations.

Ambassador Muhammadou M.O. Kah concluded by reaffirming the commitment to combat racism and discrimination on the International Day for the Elimination of Racial Discrimination, emphasising the urgency of addressing these issues as a top priority. Additionally, he acknowledged that despite all the efforts made by the international community, governments, and local authorities to discourage racism, racial discrimination, xenophobia, and related intolerance, they persist and continue to result in grave human rights violations and disadvantages. He urged UN Member States to recommit to combat this suffering and violence by all available means and as a matter of the highest priority.

General Debate

The representative of Brazil, speaking on behalf of a group of Latin American countries, underscored the historical significance and guiding principles of the DDPA in addressing racism and discrimination. The representative highlighted the importance of recognising and addressing discrimination's intersectionality, acknowledging the multiple forms of inequalities the victims face. He called for policies that transcend structural inequalities and emphasised the need for data-driven approaches to rectify systemic racism. Furthermore, he stressed the importance of reparatory justice in response to historical atrocities such as slavery, the transatlantic slave trade, and colonialism.

The representative stressed the need for historical facts to be accurately reflected in educational materials. By combating stereotypes and distortions that perpetuate racism and discrimination, they aimed to foster a more inclusive and tolerant society. Additionally, he highlighted the importance of addressing racism at sporting events, emphasising the need for collective action from all states to participate constructively in developing the UN Declaration on the Human Rights of People of African Descent.

Furthermore, he called on the international community to support the second International Decade of Persons of African Descent, an initiative aiming to expand opportunities for development and inclusion, reaffirming their commitment to fostering a world free of racism, discrimination, and intolerance. 

The representative of Gambia, speaking on behalf of the African Group, expressed appreciation for the IGWG-DDPA's outcomes.  Emphasising the victim-centred Approach of the DDPA, the representative stressed its role as the most comprehensive international framework for combating racism, discrimination, xenophobia, and related forms of intolerance. Despite some progress, the representative acknowledged the pervasive nature of racism and discrimination. He urged all states to take concrete and urgent measures to address these challenges, including ensuring access to justice, strengthening laws and policies, promoting education and awareness, and addressing the root causes of discrimination and inequality. The representative reiterated the importance of international cooperation and solidarity in promoting human rights and building inclusive societies. 

The representative of Pakistan, speaking on behalf of the Organisation of Islamic Cooperation (OIC), drew attention to the escalating use of online platforms for disseminating hate speech, mainly targeting communal, racial, and religious divisions. The representative highlighted the concerning trend of exploiting these divisions for electoral gains, exacerbated by advancements in generative AI technology. He emphasised the need for careful and comprehensive approaches to address these challenges; he criticised selective academic interpretations and the lack of legal deterrence against hate speech. He reiterated the obligation of states to prevent and prosecute acts of religious hatred under international law, condemning the practice of insulting any religion, including the desecration of sacred books and places. He stressed the importance of balancing the right to free speech with responsibilities to prevent its abuse, especially when it incites hatred and violence.

Moreover, he condemned incidents of desecration of the Holy Quran, emphasising its impact on interfaith harmony and peace. He expressed dismay at the lack of explicit condemnation by some states. He called for meaningful dialogue and concerted action by the international community to address the growing plague of racism and its contemporary manifestations.

The representative of the European Union, speaking on behalf of a group of countries including North Macedonia, Montenegro, Moldova, Georgia, and Armenia, the representative reiterated their commitment to engaging constructively in the negotiations of a draft UN declaration on the human rights of people of African descent. While acknowledging the progress made, the representative highlighted remaining outstanding issues that require careful consideration before determining the next steps. He emphasised the importance of upholding the principle of the universality of human rights and adhering to existing international law in these discussions. He also called for a thorough conversation on rationalising and streamlining existing mechanisms in the fight against racism based on proposals from the 21st session. Additionally, he expressed readiness to collaborate with global partners to promote tolerance, respect, and recognition of diversity, particularly in combating discrimination and religious intolerance. He highlighted the importance of revitalising existing processes, such as the Istanbul process. The representative emphasised the significance of frameworks like the Rabat Plan of Action and the Faith for Rights framework in addressing religious intolerance compliant with human rights standards.

The representative of Egypt, speaking on behalf of the Arab Group, emphasised the Arab Group's condemnation of what they perceive as the most egregious form of racism: the Israeli colonial occupation of the State of Palestine. Specifically, they criticised Israel's plans to annex Palestinian territory, which they argue compromises the geographical integrity and demographic nature of Palestine. Additionally, he condemned what they viewed as apartheid policies by Israel, including a two-tier system that discriminates based on nationality and race. He also criticised the construction of a separation wall, which they believe aims to isolate Palestinian territories further. In addressing hatred, the representative highlighted efforts such as legislation to counter religious hatred and the appointment of a special UN envoy to counter homophobia. He emphasised the importance of collective action to combat these phenomena and strive for societies characterised by democracy and the rule of law.

The representative of Uganda, speaking on behalf of the Non-Aligned Movement (NAM), emphasised the movement's condemnation of all forms of racism, racial discrimination, and xenophobia. The representative expressed severe concern about the resurgence of contemporary forms of such crimes worldwide, noting that these violations of human rights impede equal opportunity. She stressed the urgent need for greater resolve and political will to address these issues comprehensively globally and in areas under foreign occupation.

Furthermore, she highlighted the importance of prohibiting any incitement to national, racial, or religious hatred that fuels discrimination, hostility, or violence. She emphasised the necessity of implementing such prohibitions through legislative, policy, and judicial measures to combat these forms of intolerance effectively.

Moreover, the representative recognised the potential for leveraging new information and communications technology, including the Internet, mainly through national educational institutions. She emphasised the importance of creating educational awareness-raising networks and programs against racism, racial discrimination, xenophobia, and related intolerance, both within and outside of schools.

The representative of Bolivia, speaking on behalf of a coalition of countries, emphasised that the objectives outlined in the DDPA still need to be achieved, necessitating accelerated national, regional, and global efforts to ensure full implementation.

The representative underscored that all forms of discrimination constitute violations of human rights and fundamental freedoms, impeding the enjoyment and realisation of human rights, hindering access to equal opportunities, dividing societies, and harming human dignity. She emphasised the importance of acknowledging history and addressing the enduring legacies of enslavement and colonialism, which continue to affect societies globally.

The representative expressed concern about acts of dehumanisation, marginalisation, hate speech, and other condemnable acts that persist in various parts of the world. She called upon the Human Rights Council to unequivocally reject such actions, along with any other forms of discrimination propagated by radical positions that undermine progress in anti-racist policies and practices and dangerously normalise racist and discriminatory acts.

Moreover, she reaffirmed their commitment to addressing and combating all forms of discrimination while promoting tolerance, dialogue, and inclusivity. Additionally, She called upon all members to support the establishment of a second decade for people of African descent and to intensify efforts to promote principles of equality, justice, understanding, and respect for diversity.

The representative of Venezuela, speaking on behalf of a group of countries dedicated to defending the UN Charter, emphasised the importance of commemorating the International Day for the Elimination of Racial Discrimination, particularly considering the focus on implementing the International Decade for People of African Descent. He stated that adopting tangible measures to eliminate racism, racial discrimination, xenophobia, and related forms of intolerance, as well as comprehensively implementing and following up on the Durban Declaration and its Program of Action, remains a top priority. Furthermore, the representative rejected and condemned current manifestations undermining fundamental human rights, dignity, and values. He urged all states to unequivocally criminalise all manifestations and acts of hatred and segregation on ethnic or any other grounds.

The representative expressed concern about the resurgence of ideologies that seek to establish superiority between human beings, including fascism, Nazism, neo-Nazism, and similar ideologies. He emphasised that such ideologies represented a defeated past for humanity and stressed the collective aspiration to prevent their resurgence.

The representative of South Africa stated that despite global efforts, many individuals continue to endure these injustices, often accompanied by violence and gross human rights violations. The representative emphasised the urgency of addressing the escalating incidents of racism, racial discrimination, xenophobia, and related intolerance worldwide, primarily as the end of the Decade of people of African descent draws near.

Furthermore, she stated that the persistent efforts of some States to undermine and weaken the United Nations' long-standing plan to combat racism hinder its rightful place in mainstream discussions and constrain resources for its implementation. She emphasised that the DDPA holds the same status as outcomes from other major UN conferences and remains the most comprehensive measure to combat racism and intolerance.

Additionally, the representative expressed concern over the liquidity crisis and its impacts as it affects the Council's special procedures and mandates, particularly in implementing the DDPA; the representative stressed the need for deepened international cooperation and adequate funding at all levels to combat racism, racial discrimination, and intolerance effectively.

The representative of China expressed deep concern over the persistence of systemic racism, racial discrimination, and hate crimes in countries like the UK, the US, and Canada, where rhetoric promoting racial superiority and white supremacy remains prevalent.

The representative stated that colonialism, slavery, and the transatlantic slave trade are dark chapters in human history that have caused immense suffering for African people and serve as root causes of racism, racial discrimination, xenophobia, and related intolerance. 

He emphasised the significance of the DDPA in the fight against racism, symbolising a collective commitment by various countries. He urged the concerned countries to accept and faithfully implement the DDPA, as well as acknowledge their history and current situation, adopting a zero-tolerance attitude towards racism and taking concrete actions to address systemic racism and police violence.

Additionally, the representative called for the prohibition of incitement to racial hatred, the combatting of Islamophobia and impunity, and the creation of equal and inclusive environments for minorities, including people of African and Asian descent. He urged these countries to eliminate the breeding grounds for hatred and discrimination. Moreover, they criticised the use of human rights as a pretext for Western countries to interfere in the internal affairs of other countries; thus, he called on nations to fulfil their responsibility to compensate and bring justice to victims of racism and discrimination.

The representative of Bangladesh aligned with the statements of the Organisation of Islamic Cooperation (OIC) and the Non-Aligned Movement (NAM). The representative expressed deep concern over the growing prejudices, hatred, and religious profiling against Muslims, as well as the increasing stigmatisation and social exclusion of migrants. The representative condemned the crimes of genocide committed by Israel against the Palestinians in Gaza. 

Additionally, she addressed the persistent systemic and structural discrimination and violence against the Rohingya community in Myanmar; she stressed that such actions are contrary to the values and principles of the Durban Declaration and Program of Action. She noted that the Rohingya community is deprived of citizenship through discriminatory laws. Moreso, she emphasised that the deeply rooted racism within Myanmar society and statecraft has led to the perception of Rohingyas as subhuman.

The representative called on the international community to effectively engage with Myanmar to implement the recommendations of the DDPA and to end discriminatory actions against the Rohingya community. She stressed three key points: the importance of prevention as the basis for action against racism, eliminating impunity through effective justice processes and accountability, and ensuring equality in access and opportunities for a future free from discrimination, focusing on realising national development aspirations through international collaboration.

The Representative of Eritrea highlighted the significant role played by anti-slavery movements, which were among the earliest global human rights movements and catalysed historic changes in ending injustices against Africans and people of African descent. Despite the DDPA's significance and achievements, the representative expressed concern that its entire implementation needs to catch up, and resolutions calling for its follow-up face rejection from some Member States despite collective acceptance of its establishment. She applauded the efforts of the Working Group on the DDPA. 

Additionally, she welcomed all its recommendations, particularly emphasising the call for dialogue on reparatory justice and the necessity for a second international decade for people of African descent. She stated that these measures were essential to ensure the full implementation of the DDPA and to confront the severe challenges posed by new technologies, such as artificial intelligence, in perpetuating structural racism, racial discrimination, and xenophobia. Eritrea reaffirms its unwavering commitment to the global fight against racism, racial discrimination, xenophobia, and related intolerance.

The Vice President initially gave the floor to the representative of Russia, who began discussing growing discrimination against Russians and Russian-speaking populations in European countries. However, before the Russian representative could finish their statement, they were interrupted by the representative of Ukraine, who raised a point of order.

The Ukrainian representative referred to General Assembly resolutions related to Ukraine's territorial integrity, mainly focusing on the situation in Crimea. She expressed concerns about Russia's attempts to use the Human Rights Council to legitimise its actions in Crimea. She emphasised the need to adhere to international law and UN resolutions affirming Crimea as part of Ukraine.

In response, the Vice President acknowledged the statement from the Ukrainian representative but clarified that the Russian representative was included in the notification concerning the Russian Federation's delegation to the Human Rights Council session. Therefore, the Vice President allowed the Secretariat to play the video message from the Russian Federation representative.

The Russian representative continued discussing discrimination against Russians and Russian speakers in European countries, highlighting issues such as exclusion from education systems and deportation of Russians. He called for decisive measures from the UN to protect Russian-speaking populations and combat anti-Russianism as a form of racism.

Presenting their statement as an Observer State, the State of Palestine's representative quoted Desmond Tutu's article - Apartheid in the Holy Land, published in April 2002; “I have been very deeply distressed in my visit to the Holy Land. It reminded me so much of what happened to us black people in South Africa. I have seen the humiliation of the Palestinians at checkpoints and roadblocks suffering like us when young white police officers prevented us from moving about.” to draw parallels between the situation in Palestine and apartheid-era South Africa.

The representative highlighted the historical injustices faced by the Palestinian people, including the uprooting of hundreds of thousands from their land and the destruction of Palestinian villages through ethnic cleansing in 1948. She emphasised how successive governments of the colonial power have implemented laws and policies to fragment the Palestinian population further and confine them to separated enclaves, akin to apartheid-era practices.

Citing reports from human rights organisations and UN bodies, the representative characterised the situation in Palestine as crystallising 21st-century apartheid and persecution, leading to the erosion of Palestinian rights to self-determination. She referenced a UN committee's acceptance of an interstate complaint from Palestine against the colonial power for violating anti-racial discrimination conventions.

Asserting the urgent need for action, the representative declared that there is no place for apartheid in the world and called for an end to the ongoing oppression and genocide against the Palestinian people. The representative criticised governments for prioritising peace processes over human rights and accountability, urging meaningful action to hold the colonial power accountable for its actions in Palestine. She called for the imperative end of apartheid in Palestine.

Position of Geneva International Centre for Justice (GICJ) 

The Geneva International Centre for Justice acknowledges the persistent challenges people of African descent face. We urge governments to adopt and enforce national and comprehensive legal frameworks, policies, and programs to combat racism in all its manifestations. Governments must reaffirm their commitment to the principles outlined in the DDPA and take concrete steps to translate these principles into action. This includes adopting and enforcing comprehensive legal frameworks, policies, and programs to combat racism in all its forms. Robust monitoring mechanisms should accompany such measures to ensure accountability and track progress.

Furthermore, there is a critical need for increased international cooperation and solidarity in addressing the root causes of racism and discrimination. This includes fostering dialogue, sharing best practices, and providing technical assistance and support to countries in need. The United Nations and other relevant stakeholders must play a central role in facilitating this cooperation and mobilising resources to support countries in their efforts to implement the DDPA. Additionally, GICJ stresses the importance of active engagement with affected communities to ensure their voices are heard and their rights protected. Meaningful participation and consultation with these communities are essential for designing and implementing effective policies and programs. 

Furthermore, GICJ endorses the call for a second International Decade for People of African Descent. It is crucial that the international community actively advocates for the full implementation of the program of activities outlined in the first Decade, including initiatives to address systemic racism, promote social justice, and empower people of African descent.

GICJ commemorates the International Day for the Elimination of Racial Discrimination; we must renew our commitment to upholding the principles enshrined in the Durban Declaration and Program of Action (DDPA). GICJ is dedicated to promoting human rights and combating discrimination; we call upon governments, civil society organisations, and individuals worldwide to take concrete actions in the following areas:

1. Fully implement the DDPA and its provisions at the national level. This includes adopting comprehensive legal frameworks, policies, and programs to combat racism, racial discrimination, xenophobia, and related intolerance. Governments should also allocate adequate resources for the effective implementation of these measures.

2. Education and Awareness initiatives that promote tolerance, diversity, and respect for human rights. Governments, educational institutions, and civil society organisations should collaborate to develop educational programs that address the root causes of racism and empower individuals to challenge discriminatory attitudes and behaviours.

3. Support for Affected Communities to ensure their voices are heard and their rights protected. Governments and civil society organisations should provide support services and resources to individuals and communities.