EU Explanation of Vote – United Nations 3rd Committee: Follow-up of the Durban Declaration

Mr. Chairperson,

I have the honour to speak on behalf of the EU to explain our position on the draft resolution contained in document L.54/Rev.1, entitled “Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow up to the DDPA”.

The EU wishes to reiterate its full commitment to the fight against racism, racial discrimination, xenophobia and related intolerance, to which we attach the highest priority.

Racism, racial discrimination, xenophobia and related intolerance contravenes the very values upon which the European Union is founded. 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.

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 EU calls for the universal ratification of the ICERD and for States to enhance their efforts to achieve full cooperation with the CERD Committee.

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”.

The EU were among those who actively participated in the deliberations of the World Conference against Racism held in Durban in 2001 and agreed on its final document, as a global agenda to eliminate racial discrimination all over the world. Since then, the EU and its MS have focused their efforts on the full implementation of the DDPA.

The European Union also participated actively in the preparations for the Durban Review 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. It is the hope of the EU that in all follow-up mechanisms, 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. The EU believes that the current op16 clearly goes against the discussions on streamlining of the Durban follow-up mechanisms.

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 experts was that no new norms were needed. 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. The EU has voted against the resolutions on the mandate of this Committee and cannot accept the positive references to this working group contained in this resolution.

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. We would therefore have liked to see stronger language on the positive role that freedom of expression can play in combating racism, racial discrimination, xenophobia and related intolerance.

We note the upcoming commemoration to the 10th anniversary of the DDPA, and in this regard we recall that a review conference just took place. We would have liked some more clarity on this project as well as on future budget implications of this event, and would also like to be included in any future planning, as to be updated on the proceedings.

Mr Chairperson,

The EU was deeply disappointed by the decision of the G77 to cancel the last informal consultations planned for Monday . We strongly believe that if we had been given a greater opportunity to contribute, we could have reached a better text that could have received stronger support.

We also reiterate our doubts about whether some of the main players in this process are genuinely interested in keeping the Durban follow-up process and the fight against racism on a consensus basis which includes all regions of the world. We do not feel that we have been included in any serious, transparent, good faith attempt to find common ground on this text which is supposed to address global efforts for the total elimination if racism, racial discrimination, xenophobia and related intolerance.

Since we wanted a consensual outcome to this process and since we attach great importance to the fight against racism, we deplore the way that this important issue has been handled in the Third Committee. We would like to emphasise that any real attempt to combat racism must be based on a consensual approach. We regret that this has not been done. For all these reasons, the EU cannot lend its support to this draft resolution.

Thank you, Mr. Chairperson.

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• EU Explanation of Vote – United Nations 3rd Committee: Fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance (19/11/2009)
• EU Presidency Statement – United Nations 3rd Committee: Elimination of Racism (2/11/2009)
• EU Presidency Statement – United Nations Human Rights Council: Item 9: Racism and related forms of intolerance, follow-up of Durban Declaration and Programme of Action (30/9/2009)
• EU Member States' position on the Durban Review Conference (21/4/2009)
• EU Commission Position on Durban Review Conference in Geneva (21/4/2009)