EU Presidency Statement - Racism

Mr. Chairman,

I have the honour to take the floor on behalf of the European Union with regard to item 107 and 108 concerning the "Elimination of Racism and Racial Discrimination" and "The Right of peoples to Self-Determination". The Central and Eastern European countries associated with European Union - Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and the Associated Countries - Cyprus, Malta and Turkey, as well as the EFTA countries of the European Economic Area - Iceland and Norway align themselves with this statement.

Elimination of Racism and Racial Discrimination

The Declaration and Programme of Action from the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban last year, clearly expressed the strong and genuine political desire to put an end to racism, racial discrimination, xenophobia and related intolerance. An important anti-discrimination agenda was adopted and principles essential to human dignity, such as equality, non-discrimination, tolerance and respect for diversity, were reiterated.

Throughout the world we are reminded on a daily basis of the need to put an end to racism and intolerance. Today, many individuals and groups of individuals continue to be subjected to discrimination on the grounds of race, colour, descent or nationality or ethnic origin. In addition, victims often suffer multiple or aggravated forms of discrimination, based on other related grounds such as sex, language, religion, political or other opinion, national, social origin, sexual orientation, work and descent property, birth or other status. This not only prevents the full enjoyment of human rights, but also represents a threat to democratic societies and their fundamental values. Therefore, they are incompatible with the principles on which the European Union is founded, namely freedom, democracy, respect for human rights and fundamental freedoms, as well as the rule of law.

For this reason, the Union considers it necessary to further strengthen our efforts to combat racism and racial discrimination in a concerted way at all levels - the national, regional and international. Our work shall be forward-looking and based on the follow-up process reflected in the Programme of Action and reaffirmed in General Assembly Resolution 56/266, which all EU-members co-sponsored. Consensual and effective approaches to the implementation of the fundamental Durban commitments are essential. The European Union is firmly committed to do so. Time is right for transforming commitments into reality.

Mr. Chairman,

As reflected in Durban, the fight against racism and its different manifestations is the responsibility and duty of all members of the international community. Let me highlight some of the concrete measures that the European Union considers vital in this global fight.

Respect for human rights and fundamental freedoms together with democracy, good governance and the rule of law are essential for the prevention and effective elimination of racism, racial discrimination, xenophobia and related forms of intolerance.

The legal framework forms an essential part in the fight against racism. The Convention on the Elimination of all forms of Racial Discrimination is the core international instrument in this respect. We must all demonstrate political will to ensure that the rights laid down in the Convention become a reality for everyone. We welcome the goal agreed upon in Durban of the universal ratification of the Convention by 2005. We urge all States, which still have not done so, to ratify and implement it and call upon all States parties to fulfil their reporting obligation under Article 9 of the Convention, as well as to consider recognizing the competence of the Committee to receive individual communications under Article 14 of the Convention.

The importance of the Committee on the Elimination of Racial Discrimination must also be underlined as a bridge between the international framework and the implementation at the national level. The European Union urges all States to fully co-operate with the Committee and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. At the national level, effective legislation and administrative measures that ensure the implementation of the principle of non-discrimination and the respect for human rights are crucial.

Likewise, prevention must be enhanced, inter alia, through the improvement of education and training, as well as the development of information and awareness-raising on these matters. Especially education of children and young people is vital. In this regard it must be underlined that any doctrine of racial superiority is scientifically false, morally condemnable, socially unjust and dangerous, and must be rejected along with theories, which attempt to determine the existence of separate human races. Politicians and political parties have a special responsibility to prevent the spread of racist ideologies. It is moreover necessary to adopt measures to combat the inappropriate use of new technologies in order to put an end to the incitement of racial hatred and violence, especially through the Internet.

Furthermore, the European Union attaches great importance to the fight against anti-Semitism and welcomes the call of the Durban Conference to take concrete action to combat this manifestation of racism.

In Durban, a call was also made for the active involvement of all actors in the implementation process. The eradication of racism, racial discrimination, xenophobia and related intolerance is best achieved with such an involvement of all members of civil society, including the media, private companies and non-governmental organisations.

In relation to the global fight against racism, the European Union wishes to highlight the efforts deployed by the Office of the High Commissioner for Human Rights. We welcome the work of the anti-discrimination unit to combat racism, racial discrimination, xenophobia and related intolerance and to promote equality and non-discrimination and we will continue to follow it with interest.

The European Union has followed with interest the discussions, which took place during two recent regional experts-seminars in Mexico City for the Latin American and Caribbean Region and in Nairobi for the African Region, which reflected on ways and means to integrate the goals of Durban in legislation, policies and strategies for combating racism and related intolerance.

Mr. Chairman,

The fight against racism, racial discrimination, xenophobia and related intolerance is a key element of the policies of the European Union and each of its Members States. The Union has made numerous efforts in this regard, especially through the adoption of national and EU anti-discrimination legislation, and through the solemn proclamation of the Charter of Fundamental Rights, which reaffirms a clear prohibition of any discrimination based on inter alia sex, colour, social or ethnic origin, language, religion or belief. The establishment of the European Monitoring Centre on Racism and Xenophobia is among these efforts. The Centre provides Member States with credible, reliable and comparable information on racism and xenophobia.

Furthermore, a specific reference to the fight against racism is contained in article 13 of the Treaty establishing the European Community. It provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Pursuant to this article, the EU has adopted a number of directives introducing a binding framework that prohibits discrimination based on these grounds within the EU.

The European Union has focused its efforts on integrating the fight against racism in all its policies, and more particularly in its employment policy. Special efforts to combat racism have also been made in its Common Foreign and Security Policy, specially concerning the enlargement process and assistance to development, as well as in all issues related to police and judicial co-operation in the criminal field. Concrete initiatives include for example the Action Programme to combat discrimination (2001-2006) and the Community Action Plan for the Promotion of Equal Opportunities for Women and Men which, among other aspects, covers equality in civic life between women and men, without any discrimination on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Mr. Chairman,

In line with what was reiterated in Durban, the European Union is convinced of the importance of reinforcing co-operation at the regional and international level in the fight against racism and discrimination. It is therefore essential to continue supporting the work performed by the Council of Europe and the Organization for Security and co-operation in Europe (OSCE), in addition to the work performed at a global level by the United Nations.

The Council of Europe plays a decisive role in the fight against racism and related discrimination. For example by promoting, at a European scale, the actions required in order to implement the Durban commitments. The judicial system of the European Court of Human Rights - which is responsible for applying the European Convention for the Protection of Human Rights and Fundamental Freedoms - provides effective protection for human rights, which include the fundamental principle of non-discrimination. The EU also appreciates the work carried out by the European Commission against Racism and Intolerance (ECRI).

We are also actively involved in the efforts of the OSCE to prevent violent conflicts by promoting inter-ethnic relations and tolerance. The human dimension of the OSCE, which covers all the rules and activities relating to human rights and democracy, represents one of the three dimensions of security as conceived by that organisation. The OSCE High Commissioner on National Minorities as well as the comprehensive field activities of the OSCE play important roles in the fight against discrimination, especially discrimination based on ethnicity. This is of paramount importance, since a free society that allows everyone to participate fully in public life is a guarantee against conflict and instability.

Mr. Chairman,

The European Union bases its very existence on the idea that all men and women are born free and equal, with an inherent dignity. As reflected in the Durban Declaration and Programme of Action, all peoples and individuals constitute one human family. At all levels the process of transforming the Durban Declaration and Programme of Action into a reality has started. No doubt, the strongest commitment and efforts of all of us are required in order to eradicate discriminatory, racist and xenophobic behaviour, which imperils the foundations of human rights, fundamental freedoms, equality and the cultural diversity enriching humanity as a whole. The recent report on contemporary forms of racism, racial discrimination, Xenophobia and related intolerance prepared by the Special Rapporteur of the Commission on Human Rights witnesses that we have a huge task ahead of us.

In his report the Special Rapporteur highlights various factors with have adversely affected the functioning of the special procedures in general and of his mandate in particular, especially the inhospitable climate, which the promotion and protection of human rights has had to endure since the tragic events of September 11th 2001. To be more specific, the Special Rapporteur notes that there has been a resurgence of racism, racial discrimination and xenophobia in various parts of the world affecting in particular migrants and refugees. The Special Rapporteur also describes the persistence of racist propaganda on the Internet as well as the increase of anti-Semitic acts. The European Union would like to reiterate that all States must ensure that any measure taken to combat terrorism comply with their obligations under international law including human rights.

To resist the peril of the resurgence of racism, the European Union reaffirms its commitment to continue the fight against racism, racial discrimination, xenophobia and intolerance in all its forms, at any time and anywhere.

The Right of Peoples to Self-Determination

Mr. Chairman,

Peoples' right of self-determination takes a prominent place in the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights respectively. This right remains relevant in today's international context and deserves further the attention of the international community.

The right of self-determination, by virtue of which peoples can freely determine their political status and freely pursue their economic, social and cultural development, clearly illustrates the interdependence, indivisibility and interrelation of all human rights recognized in the 1993 Vienna Declaration on Human Rights.

The principle of self-determination should be understood and applied along with the other principles of the charter of the United Nations, as reflected in the Declaration of Principles of international Law concerning friendly relations and cooperation among States in accordance with the Charter adopted on 24 October 1970 by GA Resolution 2625.

The European Union sees democracy and the rule of law as key factors in ensuring effective protection of the right of self-determination. The rule of law and the process of democratisation are essential in the exercise of peoples' right of self-determination. It is therefore crucial to continue promoting and reinforcing these principles throughout the world.

Hence, all individuals, men and woman, must be able to fully participate in political and public life through the enjoyment of the freedom of expression and opinion, which allows all persons to take part in debates on public affairs and to express themselves freely on choices, priorities and decisions of their respective Governments. Freedom of religion and conscience has to be insured.

The respect of the right of self-determination also requires the holding of free, regular and fair elections within the framework of a democratic society. The right of an individual to assemble with others and to defend his or her convictions is an obvious precondition for the effective enjoyment of the right of self-determination. Another prerequisite is free and independent media.

Furthermore, this right includes the opportunity for each individual to follow, support or criticize actions of political institutions mandated to manage their interests and provide public welfare. In this regard, the European Union reiterates the importance of accountability in public affairs and of the rule of law.

Mr. Chairman,

For the European Union, it is important that peoples should be able to determine the framework of their lives in the present international community. States' obligations in the field of human rights include the right of peoples to self-determination. A full and effective observance of this right entails genuine respect for the freedom and dignity of the individual and fundamental human rights.

I thank you, Mr. Chairman.

| Top |

• EU Presidency Statement - Elimination of Racism and Racial Discrimination (24/10/2003)
• Amb. Richardson's (2001-05) Speech at the Transatlantic Conference on Race and Xenophobia (12/10/2002)
• EU Presidency Statement - Commission on Human Rights: Racism  (21/3/2002)