
Sommaire: 2 November 2009, New York - Statement on behalf of the European Union by Ms. Carina Mårtensson, Senior Adviser, Permanent Mission of Sweden to the United Nations, 64th Session of the General Assembly Third Committee, Item 67: Elimination of racism, racial discrimination, xenophobia and related intolerance, United Nations
Mr./Ms. Chairperson,
I have the honour to speak on behalf of the European Union.
The following countries align themselves with this statement:
The candidate Countries Turkey, Croatia*, the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia and the EFTA Country Liechtenstein, member of the European Economic Area, as well as the Republic of Moldova, Armenia, Azerbaijan Georgia and Ukraine.
Racism, racial discrimination, xenophobia and related intolerance are problems faced by societies throughout the world. No continent or State is spared from these phenomena and the fight against them can only be successful when actions are taken at local national, regional, and international levels with the same determination.
Many individuals and groups of individuals, regrettably continue to be subjected to discrimination on the grounds of race, colour, descent, nationality or ethnic origin. In addition, victims often suffer multiple or aggravated forms of discrimination, based on gender, language, religion, political or other opinion, sexual orientation, social origin, property, birth, disability or other status.
The EU is convinced that racism and related phenomena can and have to be fought while respecting other human rights and fundamental freedoms, notably the freedom of expression. By allowing free debate and exchanges of ideas, and by disseminating information on human rights violations and calling for accountability, as well as promoting independent and free media, press, tv, internet and new media impetus is given to the fight against racism and intolerance.
While incitement to violence or hatred, targeting individuals or groups of individuals never can be tolerated, we consider freedom of expression an essential foundation for any tolerant, democratic society.
Racism, racial discrimination, xenophobia and related intolerance contravenes the very values upon which the European Union is founded. Respect for equality in diversity is a central premise of European integration. There have been significant advancement made in combating racism at both legislative and policy level both by the Member States and the EU as a whole. EU legislation for instance requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday
life, including employment, education, healthcare, and housing.
In our region, organisations such as the Council of Europe, the OSCE, together with a number of NGOs, are able to contribute significantly to the fight against racism and racial discrimination, xenophobia and related intolerance through independent monitoring and reporting procedures, awareness raising campaigns, research, as well as support to legal reform. Within the EU, the Fundamental Rights Agency supports, through data collection and analysis, the implementation of EU legislation to fight
racism and discrimination. Nevertheless, there is no room for self-righteousness. The European Union is well aware of the problems facing our own region, and we are determined to address them through sustained action.
Mr./Ms. Chairperson,
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is the universal foundation for our efforts to prevent, combat and eradicate racism, racial discrimination, xenophobia and related intolerance. The full implementation of the Convention is of paramount importance. Regrettably, however, 40 years after the Convention entered into force, the shortcomings in implementation are numerous. To begin with we have not yet reached the goal of universal
ratification. And despite the call made in the Durban Program of Action to States to withdraw reservations contrary to the object and purpose of the Convention, and consider withdrawing other reservations, little progress has been achieved in this regard. States' compliance with reporting obligations to the Committee is insufficient, and there are deficiencies in the co-operation with the Committee in the implementation of recommendations, as well as the early warning and urgent action
procedures. The EU therefore calls for the universal ratification of the ICERD and for States to enhance their efforts to achieve full cooperation with the committee.
Mr./Ms. Chairperson,
Another important function for the fight against racism and racial discrimination, xenophobia and related intolerance at the international level is the Special Rapporteur on contemporary forms of racism, and the various activities carried out in the framework of his mandate. The EU welcomes the approach of the Special Rapporteur, to, as he himself has stated, "anchor the debate in the relevant existing international legal framework". In his reports the Special Rapporteur, Mr. Githu Muigai, has,
i.a. pointed to the interrelatedness of several provisions of international human rights law. Subsequently he has thus cooperated with the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on the protection and promotion of the right to freedom of expression.
Since this Committee met last time, the focus on work against racism, racial discrimination, xenophobia and related forms of intolerance in the United Nations has to a very large degree been on the preparations for the Durban Review Conference. The European Union participated actively in the preparations of the Durban Review Conference and we see its outcome as a basis for further work against racism, racial discrimination, xenophobia and related intolerance in this Committee, the Human Rights
Council and all follow-up mechanisms.
Two of the follow-up mechanisms to Durban, the IGWG on Effective Follow-up to the Durban Conference as well as the Ad hoc Committee on Complementary standards have met and are respectively meeting as we speak. It is the hope of the EU that in all follow-up mechanisms, including the Working Group on African Descent and the five eminent persons, the issue of streamlining and making the work more efficient will be a discussion that all delegations would find of added value. Resolution A/HRC/11/12
makes specific reference to art 124 of the DRC OD in this regard.
With respect to the IGWG, it is the hope and intention of the EU to continue to engage constructively with a view to reaching a point where discussions in the IGWG add impetus and real value to the work of the United Nations on the ground.
As for the work of the Ad Hoc Committee, the EU is not yet convinced of any normative gaps and the need of any additional international legal norms. The advice of all experts was to the contrary. If new norms are called for, they would have to be derived from fact-based evidence and be related to the recommendation of the CERD. It is also important that the work of the Ad Hoc Committee is based on consensus and does not go against existing international norms. We are convinced that lack of
implementation of existing norms both from CERD and other relevant universal instruments are the main reasons why serious acts of racism, racial discrimination, xenophobia and related intolerance occur and go uninvestigated and unpunished. It is faltering implementation of existing norms that the international community should address in the first place.
A serious look at how we together can improve implementation of existing standards and agreements in order to save victims from future abuse would be of real added value.
Thank you Mr. /Ms. Chairperson
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
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