Sommaire: March 21, 2002: 58th Session of the Commission on Human Rights. Agenda item 6: racism, racial discrimination, xenophobia and all forms of discrimination. Statement of the European Union (18 March-26 April 2002), (Geneva)
Mr. Chairman
I have the honour to take the floor on behalf of the European Union with regard to item 6 of the Agenda of the Commission, concerning "Racism, racial discrimination, xenophobia and all forms of discrimination". The Central and Eastern European countries associated with the European Union - Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia - and the Associated Countries Cyprus, Malta and Turkey expressed their wish to align themselves with
this statement.
1. The Third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban from August 31st to September 8th, has been the first major UN conference that has been able to adopt by consensus a Declaration and a Programme of Action in this field. The adoption of these texts has represented an important step forward in the fight against racism. The European Union has expressed once again its support to these documents by co-sponsoring the resolution
that recently endorsed them in the Third Committee at the General Assembly. The European Union strongly believes, as reiterated in the Durban documents, that all human beings are born free and equal in dignity and rights, and that cultural diversity is a cherished asset for the advancement and welfare of humanity at large.
2. Nevertheless, intolerance and manifestations of racism and racial discrimination in their different forms are daily realities that unfortunately are very present throughout the world. Many individuals and groups of individuals are still today subject to discrimination on the grounds of race, colour, descent or national or ethnic origin. In addition, victims can 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. We note that the Committee on the Elimination of Racial Discrimination has decided recently to undertake a thematic debate on the issue of discrimination on grounds of work and descent. These facts not only prevent or overshadow the full enjoyment of human rights, but also represent 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.
3. For this reason, and in the light of the Declaration and Programme of Action adopted in Durban, which reaffirmed the political will of the international community to fight racism and racial discrimination in a concerted way and defined the specific measures required to do so, the Union considers that it is necessary to redouble our efforts to combat these scourges at the national, regional and international level, in a forward-looking manner. Furthermore, the European Union attaches great
importance to the fight against anti-Semitism and welcomes that the Conference has stressed the need to take concrete action to combat this manifestation of racism.
Mr. Chairman,
4. As it did scarcely a few weeks ago in New York on the occasion of the resumption of the Third Committee at the General Assembly, the European Union is pleased to take advantage of this forum to highlight those measures that we consider vital in the fight against racism and its different manifestations. The Convention on the Elimination of all forms of Racial Discrimination is the core international instrument to eradicate racism and discrimination in all its forms. The Committee on the
Elimination of Racial Discrimination also constitutes a bridge between the international framework and the implementation at the national level. We must all demonstrate real political will to ensure that the rights laid down in the Convention become a reality for every one. The European Union supports the work of the Committee and calls upon all States parties to fulfil their reporting obligation under Article 9 of the Convention.
5. The fight against racism and racial discrimination is a responsibility and a duty concerning all members of the international community. The 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 the related forms of intolerance, as reflected in the Durban texts. Therefore, it is important to strengthen the legal framework for the
fight against racism, especially by means of drawing up national legislation and administrative measures that ensure the implementation of the principle of non discrimination and the respect for human rights, thus countering racism in all spheres. Prevention must also be enhanced, inter alia through the improvement of education and training, as well as the development of information and awareness-raising on these matters.
6. I would like to briefly focus on the education of children and young people, an issue that is especially relevant in this field. In an increasingly interdependent and interconnected world, human rights education, aimed inter alia at countering racism and promoting respect for others, must be a priority for public powers in order to counteract threats to peaceful living together. Indeed, there are still political doctrines based on racial superiority and violent nationalist ideologies,
frequently accompanied by racial prejudices. 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. The eradication of racism, racial discrimination, xenophobia and related intolerance cannot however, be achieved without the
active involvement of all actors of civil society, including the media, private companies and non-governmental organisations; it is therefore essential to foster their action in this field. Likewise, it is necessary to adopt measures to combat the inappropriate use of the new technologies in order to put an end to the incitement of racial hatred and violence, especially through the Internet.
7. In the drawing up and implementation of measures against racism, the European Union would like to underline the importance of taking into account the multiple discrimination and integrating a gender perspective in the design and development of measures of prevention, education and protection aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance. Specific measures must be adopted in order to tackle the situation of those who are discriminated on
multiple grounds.
8. Obviously, the Durban Declaration and Programme of Action have recognised the key role played by the United Nations in the fight against racism, as well as the main role in this regard of the Convention on the Elimination of all Forms of Racial Discrimination. The Union welcomes the decision adopted during the Conference in the sense of setting the goal of the universal ratification of the Convention for 2005, and exhorts all States which still have not done so to ratify it. The European
Union urges all States to fully co-operate with the Committee and with the relevant mechanisms in the fight against racism, including the Special Rapporteur on contemporary forms of racism and racial discrimination.
9. In the implementation of the commitments undertaken in Durban, the European Union supports the follow-up to the Conference, as decided and reflected in the adopted Programme of Action, and reaffirmed in the recent General Assembly resolution.
10. In this regard, the Union wishes to highlight the efforts deployed by the Office of the High Commissioner in the fight against racism and welcomes the setting up of the anti-discrimination unit to combat racism, racial discrimination, xenophobia and related intolerance and to promote equality and non-discrimination. The Unit could usefully look at supporting national action plans elaborated in consultation with national human rights institutions.
Mr. Chairman,
11. 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 to carry on this fight, especially through the adoption of national and European anti-discrimination legislation, and the solemn proclamation of the Charter of Fundamental Rights, which reaffirms a clear prohibition of any discrimination based on sex, colour, social or ethnic origin,
language, religion or belief. The setting up of the European Monitoring Centre on Racism and Xenophobia forms part of these efforts. A specific reference to the fight against racism is contained in article 13 of the Treaty establishing the European Community, which 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 directive prohibiting racial and ethnic
discrimination in a wide range of fields and a directive prohibiting discrimination in employment on grounds of religion or belief, disability, age and sexual orientation.
12. The European Union has focused its efforts on integrating the fight against racism in all its policies, and more particularly in its employment policy and 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. Likewise, the European Monitoring Centre on Racism and Xenophobia provides Member States with credible, reliable and comparable
information at a European scale on racism and xenophobia.
13. I would also like to highlight the adoption of the Action Programme to combat discrimination (2001-2006); 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 race, ethnic origin, religion or beliefs; the EQUAL Programme, aimed at combating all forms of exclusion, discrimination and inequalities in the labour market in the framework of
transitional co-operation; and the GROTIUS Programme, which inter alia, envisages the organisation of training sessions for legal practitioners, including judges, lawyers and prosecutors on racist and xenophobic crimes.
Mr. Chairman
14. The European Union is convinced, in line once again with the Durban texts, of the importance, in addition to national action, of reinforcing co-operation at regional and international level in the fight against racism and discrimination. For this reason, we consider essential to continue supporting in the European continent, the work performed by the Council of Europe and the Organisation for Security and Co-operation in Europe (OSCE), in addition to the work performed at a global level by
the United Nations.
15. The Council of Europe plays a decisive role in the fight against racism and racial discrimination. It actually played an important role in the preparatory process for the World Conference thanks to the Strasbourg Regional Conference and has already started, last February, to play its role in the promotion, at a European scale, of the actions required in order to implement the Durban commitments. Although all institutions of the organisation are particularly involved in the fight against
racism, the role of the European Human Rights Court in the protection of Human Rights and Fundamental Freedoms should be highlighted, as well as the principle of non-discrimination reflected in Article 14 of the European Convention on Human Rights, and the work carried out by the European Commission against Racism and Intolerance (ECRI). The adoption, on 4 November 2000, of Protocol 12 to the European Convention on Human Rights represents a further step forward in the fight against
discrimination, including racial discrimination.
16. Respect for human rights and fundamental freedoms, good governance and the promotion of the democratic and tolerance principles are also the basic pillars of the OSCE. The Union underlines the task performed by such organisation in the prevention of violent conflicts, the fight against discrimination and the promotion of inter-ethnic relations, particularly stressing the conduct of the Office for Democratic Institutions and Human Rights in this regard, as well as the work carried out by the
High Commissioner for National Minorities in the protection of the latter and by the OSCE Representative on the Freedom of the Media.
Mr. Chairman
17. The European Union bases its very existence in 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. The moment has come to act and transform Durban into a reality, favouring the establishment of a world based on respect for human rights and fundamental freedoms, equality, dignity and the cultural diversity enriching humanity as a whole.
Thank you.
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