Sommaire: October 24, 2003: Statement by Ambassador Aldo Mantovani, Deputy Permanent Representative of Italy to the United Nations on behalf of the European Union. Third Committee - Item 115 Elimination of Racism and Racial Discrimination (New York)
Mister Chairman,
I have the honour to take the floor on behalf of the European Union with regard to agenda item 115 entitled "Elimination of Racism and Racial Discrimination". The Acceding Countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia, the Associated Countries Bulgaria, Romania and Turkey and the EFTA country - member of the European Economic Area - Iceland declare that they align themselves with this statement.
The fight against racism is a multi-dimensional enterprise that calls for a global approach. It depends on the essential prerequisite of respect for human rights and fundamental freedoms, democracy, the rule of law and good governance. It requires action at all levels: international, regional and national. It involves not only the adoption of legislative and administrative measures, but also the development of preventive strategies, taking into account the deep and multifaceted root causes of
racism. It further requires the active involvement of civil society.
The complexity of the task ahead shall not discourage us, as we have an established international instrument that addresses all forms of racial discrimination. Universal adherence to and full implementation of the Convention on the Elimination of All Forms of Racial Discrimination are of paramount importance. We thus express the sincere hope that the goal of universal ratification by the year 2005 of this core international legal instrument in the fight against racism will be achieved. Once
again, we urge all States which have not done so to ratify and implement the Convention and call upon all States parties to fulfil their reporting obligations under Article 9.
All States need to work in cooperation with relevant monitoring mechanisms. The European Union expresses its support for the work of the Committee on the Elimination of Racial Discrimination and of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance and urges all States to fully cooperate with them. It further encourages the two mechanisms to continue their fruitful exchange of views and information, and to meet together
periodically.
In addition, the Durban Declaration and Programme of Action offer guidance in all our efforts. The European Union is deeply committed to implementing these forward-looking instruments and supports the follow-up process reflected in the Programme of Action and reaffirmed in General Assembly resolutions 56/266 and 57/195. We firmly believe that consensus should be the basis for all follow-up activities and we will therefore constantly and constructively continue to work for it on all Durban
issues.
The European Union wishes to express its appreciation for the contribution of the Office of the High Commissioner for Human Rights to the global fight against racism, racial discrimination, xenophobia and related intolerance and the promotion of equality and non-discrimination as well as its commitment to continue the cooperation with it. We invite all States to do so. Furthermore, we will continue to fully cooperate with the Anti-Discrimination Unit in support of the effective implementation
of the Durban Declaration and Programme of Action. Moreover, we follow with interest the work of the five eminent experts charged with the follow-up of the Durban Conference. Our position concerning the Working Group on People of African Descent and the Intergovernmental Working Group was clearly expressed during negotiations at the last CHR as well as in the explanation of vote of the EU on Resolution 2003/30. The EU is of the view that some progress was achieved at the last CHR. However, some
problems relating to the mandates remain. We stand ready to continue discussions with all delegations on our proposals with a view to restoring consensus on this important issue. We have also followed with interest the Regional Seminar of thirteen Experts for Eastern Europe on "Implementation of the Durban Programme of Action: An Exchange of Ideas on how to Move Forward".
Mister Chairman,
Racism, racial discrimination, xenophobia and related intolerance are incompatible with the principles on which the European Union is founded and that are common to its members, namely freedom, democracy, respect for human rights and fundamental freedoms, and the rule of law. The EU Charter of Fundamental Rights reaffirms the prohibition of discrimination based on any ground. Heads of State and Government will make a final decision on the incorporation of the Charter into the draft EU
Constitutional Treaty in the light of the discussions in the current Inter-Governmental Conference.
For the European Union, human dignity, respect for diversity, tolerance and equality are and will always be at the heart of any discourse on racism, discrimination and intolerance, which, as we all know can take many forms. Our answer shall therefore be manifold, as well.
The European Union reiterates the great importance it attaches to combat all forms of intolerance and to promote inter-cultural dialogue. Also with respect to the legitimate struggle against terrorism, we should ensure that it does not result in or breed new forms of discrimination. Measures taken to combat terrorism must comply with international law, in particular international human rights, refugee and humanitarian law.
The European Union also reaffirms its support to the call of the Durban Conference to take concrete action against anti-Semitism and Islamophobia. The EU believes that all forms of intolerance, including anti-Semitism and Islamophobia, have to be dealt with as a matter of priority in order to eradicate these phenomena. The EU regrets that the text on anti-Semitism was dropped from the CHR59 Resolution on the Follow-up to the World Conference against Racism. The EU has taken an active part in
the organisation, within the framework of the OSCE, of a Special Conference on anti-Semitism, in June 2003, as well as of a Special Conference on Racism, Xenophobia and Discrimination in September 2003. We would like to underline the role of the European Union Monitoring Centre on Racism and Xenophobia, in providing information on these phenomena, and its work on research and data collection on racism and xenophobia at the European level.
The misuse of new communications technologies, including the Internet, is a continuing cause of great concern for the EU. States should take all necessary measures to combat manifestations of racism expressed through modern information technology, while taking all required steps to guarantee the right to freedom of opinion and expression according to existing international standards. At the same time it is important to insist on the positive role of the media and the internet when discouraging
racial prejudices and disseminating best practices to combat intolerance.
We also stress the need of taking into account the problem of multiple discrimination. We often witness multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, sexual orientation, work, property, birth or any other status. Furthermore, the situation facing many women merits particular attention. The EU once again underlines the importance of mainstreaming a gender perspective in the design and
development of all measures and policies against racism to ensure that they effectively target the distinct situations of women and men.
The protection of ethnic minorities and indigenous peoples from racism, xenophobia and discrimination is also very important for the EU. In fact it is one of the four key priorities of the European Initiative for Democracy and Human Rights. A call for proposals for 26 million Euro to select projects in this field was launched in 2002 and included follow-up to the World Conference against Racism and Discrimination based on cast as eligible priority.
The European Union and each of its Member States are thus deeply engaged in combating racism, racial discrimination, xenophobia and related intolerance. At the international level, the EU has put a legal framework in place to combat racism and discrimination on grounds of racial or ethnic origin, as well as religion or belief. The fight against racism is also being pursued through the Common Foreign and Security Policy and through the enlargement process, and is supported by the EU's
development assistance programmes. At the internal level, EU Law against racial discrimination has been immeasurably strengthened by the coming into effect of the racial equality directive (No. 2003/43/EC). The purpose of the directive is to provide a flexible general framework for combating discrimination on the grounds of racial or ethnic origin in both the employment and non-employment areas. The directive came into effect on 19 July 2003.
In addition to this, and in line with the Durban documents' call to reinforce regional cooperation in the fight against racism and discrimination, the EU attaches the highest priority to cooperation with the OSCE and the Council of Europe in the struggle against intolerance and racism. The European Union supports the important work performed in this field by the European Commission against Racism and Intolerance (ECRI), the OSCE High Commissioner on National Minorities and the OSCE Office for
Democratic Institutions and Human Rights as well as by the European Court of Human Rights. In this regard, the EU notes the opening for signature in January 2003 of an Additional Protocol to the European Convention on cyber-crime, concerning the criminalisation of acts of a racist or xenophobic nature committed through computer systems.
Mr. Chairman,
At the national level, the adoption of legislative and administrative measures to combat racism and discrimination is of utmost importance. States should create independent national institutions specialised in combating discrimination and intolerance and promoting equal opportunities. Where independent national human rights institutions do exist, States should make sure that their mandates include such a task. The role of national human rights institutions must also be underlined. In the same
spirit, and in continuity with the Durban Conference, States should adopt or complete national plans of action to combat racism and discrimination, with meaningful participation from national human rights institutions and civil society.
In order to be fully effective, however, these measures must be supported by parallel preventive action and strategies aimed at addressing the root causes of racism and racial discrimination and promoting behavioural changes. In this respect, education and training are vital. In this regard, politicians and political parties have a special responsibility, particularly concerning the prevention of the spread of racist ideologies.
Mister Chairman,
As stated in the Durban Declaration, a global fight against racism, racial discrimination, xenophobia and related intolerance and all their abhorrent and evolving forms and manifestations is a matter of priority for the international community. On that occasion, the international community expressed the strong and genuine political will to close the gap between principles and practice. Time has come to transform Durban into reality by taking concrete action to put its word into practice.
Thank you.
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