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Africa: Racism Conference Review
AfricaFocus Bulletin
Apr 7, 2009 (090407)
(Reposted from sources cited below)
Editor's Note
"The Durban decision is the administration's first test of
President Obama's commitment to increasing racial awareness and
racial healing. To date the President has largely heard from
opponents of the Conference--both from voices inside his
administration as well as those outside. President Obama needs to
hear from you." - TransAfrica Forum
TransAfrica Forum is calling for phone calls to White House Comment
Line at 202-456-1111 or for comments on the White House website -
http://www.whitehouse.gov/contact
This AfricaFocus Bulletin contains the action alert from
TransAfrica Forum U.S. participation in the April 20-24, 2009
Durban Review Conference (the follow-up to the 2001 World
Conference on Racism, Xenophobia, and Intolerance), along with
selected background information from the UN Commission on Human
Rights, which is responsible for organizing the conference. See
http://www.un.org/durbanreview2009 for much additional material.
The current UN High Commissioner for Human Rights, South African
judge Ms Navanethem Pillay, took office in September 2008, after
serving on the South African High Court, the International Criminal
Tribunal for Rwanda and the International Criminal Court in the
Hague. She has energetically pushed to advance a broad human rights
agenda in her new position. For additional background on the
Commission and its work, see http://www.ohchr.org For background on
Ms. Pillay, see http://www.ohchr.org/EN/AboutUs/Pages/HighCommissioner.aspx
++++++++++++++++++++++end editor's note+++++++++++++++++++++++
TransAfrica Forum Action Alert: National Call-In Day
"working together we can move beyond some of our old racial wounds,
and that in fact we have no choice if we are to continue on the
path of a more perfect union." - Presidential Candidate Barack
Obama, March 2008
TransAfrica Forum
http://www.transafricaforum.org
[For a fuller statement, see TransAfrica Forum March 12, 2009
statement at http://tinyurl.com/db29r8]
National Call-In Day
Wednesday, April 8, 2009
Contact the White House;
Urge President Obama to Send an Official U.S. Delegation to the
Durban Review Conference White House Comment Line: 202-456-1111
President Barack Obama returns to Washington, D.C. on Tuesday, and
he needs to hear from you! As a country we have traveled a great
distance along the path of racial reconciliation toward the goal of
social justice for all. However, our racially defined history of
injustice still shapes today's realities, both national and
international. The February controversy comparing President Obama
to a chimpanzee is only one of the most recent public examples
indicating how far we still must travel. Yet, like candidate
Obama, at TransAfrica Forum we continue to feel that "working
together we can move beyond some of our old racial wounds...."
U.S. participation in the April 20-24, 2009 Durban Review
Conference (the follow-up to the 2001 World Conference on Racism,
Xenophobia, and Intolerance), which is being held in Geneva,
Switzerland is an important step on our country's "path of a more
perfect union."
Yet, despite encouragement by many G-20 leaders, the European
Union, and Black Diaspora groups around the globe, the
administration has not reversed its earlier decision to boycott the
conference. In light of specific U.S. reservations regarding the
Conference's draft outcome document, the UN Human Rights Commission
has made significant changes, removing language to which the U.S.
objected (see http://www.transafricaforum.org for details). A
continued U.S. boycott will have serious repercussions for the
international event, specifically:
- Other nations, who would rather not deal with the legacy of
racism within their own countries, are likely to pull out,
undermining the entire process.
- Of the over 100 countries that endorsed the 2001 Programme of
Action, only 54 have developed national action plans to combat the
legacy of racism. The absence of U.S. participants will signal to
other nations the lack of importance of confronting racism and
developing concrete remedies.
- The lack of participation will be a significant blow to African
descendent groups around the world who have been able to make
concrete advancement in the struggle against racism and
discrimination.
The Durban decision is the administration's first test of President
Obama's commitment to increasing racial awareness and racial
healing. To date the President has largely heard from opponents of
the Conference--both from voices inside his administration as well
as those outside. President Obama needs to hear from you.
There is widespread belief in the administration that our
communities simply do not care about the upcoming conference. We
know differently. Please join us! Call the White House today.
There are several ways to contact the President:
White House Comment Line: 202-456-1111
TTY/TDD Comment Line: 202-456-6213
On-line Comment: http://www.whitehouse.gov/contact/
Please forward this message to your friends and colleagues. Only
forward to those that you know; spam hurts our cause!
TransAfrica Forum Update
Durban Review Conference: "Door still Open"
According to White House staff the Obama administration has not
"shut the door" on attending the April 20-24, 2009 Durban Review
Conference in Geneva, Switzerland. The Review Conference is the
follow-up to the 2001 First World Conference on Racism.
Originally, the administration objected to language in the
Conference's draft outcome document; on March 17, 2009, the UN
Working Group released a significantly new document, having removed
language to which the administration objected. According to staff
at the U.S. Mission to the United Nations the new draft is "under
review." White House sources indicate that they are "pleased by
the progress," but that there are "still a few things to be
addressed."
The administration's original decision to boycott the process was
extremely disappointing. Your calls and your letters to the
Secretary of State, U.S. Ambassador to the UN, and to the White
House have been important in moving the process thus far. Your
continued vigilance is critical!
High Commissioner Makes Concrete Proposals to Combat Racism
23 February 2009
http://www.un.org/durbanreview2009
Ahead of major anti-racism conference, High Commissioner urges
unity and combined efforts, proposes technical solutions to combat
discrimination.
Geneva Calling on governments to transcend political differences
and work together to eliminate racism and xenophobia, UN High
Commissioner for Human Rights Navi Pillay has issued a series of
proposals and recommendations in preparation for a major
anti-racism conference, to be held in Geneva in April.
The High Commissioner's report, issued today, has been sent to UN
Member States, currently planning the April 20-24 Durban Review
Conference to assess implementation of the wide-ranging Programme
of Action agreed at the 2001 World Conference against Racism, held
in Durban, South Africa.
Although government representatives preparing for the Review
Conference have so far made all their decisions by consensus, some
of the language proposed for a draft conference outcome document
has been controversial because of its criticism of Israel's
policies in the Occupied Palestinian Territories.
The High Commissioner, who is Secretary-General of the Review
Conference, appealed to governments not to allow any single issue
to dominate discussions of such vital importance to human dignity
to the exclusion and detriment of others. "I appeal to all to
uphold the consensually agreed objectives of the Durban Review
Conference, and to bear in mind their importance to the millions of
victims around the world," she said, adding, "I urge Member States
to transcend their differences and to join efforts to confront
racism and xenophobia."
Addressing another controversial topic, Pillay proposed holding a
series of expert workshops in order to help governments find common
ground on the issue of defamation of religions. Several Islamic
states have proposed language that would limit what they describe
as defamation of religions, which Western states have expressed
difficulty in accepting because of the potential negative impact on
freedom of expression.
"In order to find common ground, we need to work together in good
faith, with open minds and constructive thinking," noted Pillay in
her report. "To this end, while I understand the concerns behind
the concept of defamation of religions, I believe that from a human
rights perspective and in light of the Durban Review Conference, it
should be addressed as an issue of incitement to religious hatred
within the existing framework of international human rights law."
The workshops she proposed would be designed to foster better
understanding of the legislative patterns and judicial practices in
different regions of the world, reflecting different legal systems
and traditions.
In her report, Pillay outlines some of the challenges affecting the
implementation of the Durban Declaration and Programme of Action
(DDPA), agreed at the 2001 World Conference against Racism. Slow
progress on eradicating extreme poverty and hunger, along with the
global financial crisis, the food crisis and climate change all
have a disproportionate impact on the most vulnerable groups and
hamper progress in the struggle against racism, racial
discrimination, xenophobia and related intolerance, she noted.
Increasing globalization and migration have made societies more
diverse and more multicultural, but migrants have become vulnerable
to racism and are often perceived as competitors for scarce
resources.
She said that terrorism and some counter-terrorism measures had
also impeded progress in combating racism. Just days after the
conclusion of the 2001 World Conference against Racism, the terror
attacks of 11 September 2001, followed by others around the world
dramatically changed the climate surrounding the implementation of
the DDPA.
Pillay also makes several detailed and practical proposals for
combating racism that will move the process beyond political
positions and into technical implementation. Pillay suggests, for
example, that her office establish an international "observatory"
on racism that would serve as a focal point for gathering
information. This would help governments and other stakeholders to
better understand problem areas and to share good practices in
combating them.
At a Glance: the Durban Declaration and Programme of Action (DDPA)
(This is a public information note, not an official summary of the
DDPA)
The Office of the United Nations High Commissioner for Human Rights
(OHCHR), a part of the United Nations Secretariat, has been given
a unique mandate to promote and protect all human rights.
http://www.ohchr.org
Adopted by consensus at the 2001 World Conference against Racism
(WCAR) in Durban, South Africa, the DDPA is a comprehensive,
action-oriented document that proposes concrete measures to combat
racism, racial discrimination, xenophobia and related intolerance.
It is holistic in its vision, addresses a wide range of issues, and
contains far-reaching recommendations and practical measures.
The DDPA embodies the firm commitment of the international
community to tackle racism, racial discrimination, xenophobia and
related intolerance at the national, regional and international
level. Recognition that no country can claim to be free of racism,
that racism is a global concern, and that tackling it should be a
universal effort, is an important achievement. The DDPA has a
strong moral value and serves as a basis for advocacy efforts
worldwide.
The DDPA reasserts the principles of equality and
non-discrimination as core human rights, thus transforming
victims of discrimination into rights-holders and States into duty
bearers.
Assigning the primary responsibility of combating racism, racial
discrimination, xenophobia and related intolerance to States, the
DDPA also calls for the active involvement of international and
non-governmental organizations, political parties, national human
rights institutions, the private sector, the media and civil
society at large.
The DDPA calls for the universal ratification of the International
Convention on the Elimination of All Forms of Racial
Discrimination and its effective implementation by State Parties to
the Convention.
The DDPA adopts a victim-oriented approach to problems of racism,
racial discrimination, xenophobia and related intolerance.
Specific recommendations are formulated to combat discrimination
against Africans and persons of African descent, Asians and persons
of Asian descent, indigenous peoples, migrants, refugees,
minorities, the Roma and other groups.
The DDPA recognizes that victims often suffer from multiple or
aggravated forms of discrimination based on sex, language,
religion, political or other opinion, social origin, property,
birth or other status. It highlights the gender dimension of racial
discrimination and attributes a key role to women in the
development of programmes to combat racism and intolerance.
The DDPA emphasizes the importance of preventive and concerted
action, especially in the field of education and
awareness-raising, and calls for the strengthening of human rights
education.
The DDPA calls for comprehensive national action plans to eradicate
racism, racial discrimination, xenophobia and related
intolerance. It calls for the reinforcement of national
institutions and it formulates concrete recommendations in the
areas of national legislation and the administration of justice.
The DDPA outlines measures to address discrimination in the fields
of employment, health, policing, and education. It calls on
States to adopt policies and programmes to counter incitement to
racial hatred in the media, including on the Internet. It calls for
the collection of disaggregated data, as well as additional
research, as the basis for targeted actions.
The DDPA urges States to adopt measures of affirmative or positive
action to create equal opportunities for victims of racism,
racial discrimination, xenophobia and related intolerance in the
political, economic, social and cultural decision-making spheres.
The DDPA urges governments to provide effective remedies, recourse,
redress and compensatory measures to victims and to ensure that
victims have access to legal assistance so they can pursue such
measures. It also recommends the creation of competent national
bodies to adequately investigate allegations of racism, racial
discrimination, xenophobia or related intolerance.
The DDPA acknowledges that slavery and the slave trade are crimes
against humanity, and should have always been so. It expresses
regret over the fact that the slave trade and colonialism
contributed to lasting social and economic inequalities. It
welcomes the efforts of UNESCO's Slave Route Project.
Concerning the Middle East, the DDPA expresses concern about the
plight of the Palestinian people under foreign occupation and
recognizes the inalienable right of the Palestinian people to
self-determination and the right to an independent state. It also
recognizes the right to security for all countries in the region,
including Israel, and calls upon all governments to support the
peace process and bring it to an early conclusion.
The DDPA recalls that the Holocaust must never be forgotten.
Last but not least, the Programme of Action spells out a number of
strategies to achieve full and effective equality through
international cooperation. They involve an effective
international legal framework, enhanced regional and international
cooperation, an active role for the Office of the High
Commissioner for Human Rights, and the participation of a wide
variety of actors, including civil society, non-governmental
organizations and youth in the struggle against racism, racial
discrimination, xenophobia and related intolerance.
Durban Review Conference
Report of the United Nations High Commissioner for Human Rights
United Nations General Assembly Distr. General A/CONF.211/PC.4/5 24
February 2009
[Excerpts - for full report see http://www.un.org/durbanreview2009]
I. Introduction
...
2. The implementation of the Durban Declaration and Programme of
Action has been affected by a number of important challenges. The
slow progress in reaching Millennium Development Goal 1 on
eradicating extreme poverty and hunger despite actions at the
national and international levels, the international food crisis
and the devastating consequences of the current financial crisis
make clear that poverty represents a major challenge. The
convergence of the global food crisis, the economic and financial
crisis and the effects of climate change has had a disproportionate
impact on the most vulnerable groups and hampered progress in the
struggle against racism, racial discrimination, xenophobia and
related intolerance. ...
3. With increasing globalization, societies have become more
diverse and multicultural. A growing number of States face the
challenge of ensuring mutual respect for people of diverse
backgrounds within their societies as well as social harmony, equal
opportunities and non-discrimination. Racial, ethnic, religious and
linguistic minorities have been frequent targets of abusive,
violent and repetitive criticism against their groups, often as a
result of entrenched stereotypical attitudes, and this has deepened
discrimination against them. By referring to the International
Convention on the Elimination of All Forms of Racial
Discrimination, the Durban Declaration and Programme of Action
recalls State obligations to be vigilant so that organizations do
not disseminate ideas based on racial superiority or hatred, engage
in acts of violence or incitement to such acts.
4. In the past few decades and increasingly in recent years,
migrants have become vulnerable to racism, racial discrimination,
xenophobia and related intolerance. They are often perceived as
competitors for scarce resources and as threats to the livelihood
of others. This has been aggravated by the global food crisis, the
financial crisis and climate change. These perceptions breed racist
and xenophobic attitudes, which can lead to attacks against
migrants, and strong political will and effective strategies are
required to counter them. As affirmed in the Durban Declaration and
Programme of Action, States should promote and protect fully and
effectively the human rights and fundamental freedoms of all
migrants regardless of immigration status, in conformity with the
Universal Declaration of Human Rights and their obligations under
international human rights instruments. States should ensure that
migration policies are free of racism, racial discrimination,
xenophobia and related intolerance.
5. The political exploitation of difference - ethnic, racial and
religious - often fuels armed conflict and may result in serious
violations of international human rights and international
humanitarian law. We must break the cycle of violence and
mobilization of fear. A greater effort must be made to find
peaceful solutions to conflicts that fully incorporate human
rights. Peace is fragile when human rights concerns remain
sidelined.
6. Just days after the conclusion of the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance,
the terrorist attacks of 11 September 2001, followed by other
terrorist attacks around the world dramatically changed the climate
surrounding the implementation of the Durban Declaration and
Programme of Action. Increased security concerns led to the
introduction in many countries of measures and practices which were
excessive and undermined the protection and promotion of human
rights. They had a negative impact on the existing victims of
racism, racial discrimination, xenophobia and related intolerance,
and also increased the incidence of these violations. While it is
clearly legitimate for States to counter terrorism effectively,
they must ensure that the measures taken comply with their
obligations under international human rights law, in particular the
obligations to ensure the right to life, freedom from
discrimination, the prohibition of torture, cruel, inhuman or
degrading treatment, arbitrary detention and the right to due
process. Full respect for these rights is of vital importance in
our increasingly interdependent, multi-ethnic and multicultural
societies in order to guard against discrimination and
stigmatization of different types of vulnerable groups and
communities.
7. With these challenges in mind, I urge renewed commitment to
ending racism, racial discrimination, xenophobia and related
intolerance. The key message of the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance
is as relevant today as when it was adopted. Racism affects us all
and no country is free from its scourge. We need to ensure that
"united against racism" does not remain an empty slogan. Human
rights education, and anti-racism education in particular, is an
essential tool to promote understanding and respect for diversity.
In this regard, the Human Rights Council has mandated the Advisory
Committee to prepare possible elements for a draft declaration on
human rights education and training, and I hope that a strong
anti-racism component will be included.
...
9. We must reaffirm the Durban Declaration and Programme of Action
without reservation and redouble efforts made to implement it. We
must preserve and build upon the commitments made therein, as it
represents the most comprehensive and universally accepted platform
to combat racism to date.
10. I recognize that there are some issues on which there is a
legitimate divergence of views. In order to find common ground, we
need to work together in good faith, with open minds and
constructive thinking. To this end, while I understand the concerns
behind the concept of defamation of religions, I believe that, from
a human rights perspective and in the light of the Durban Review
Conference, it should be addressed as an issue of incitement to
religious hatred within the existing framework of international
human rights law, with reference to articles 19 and 20 of the
International Covenant on Civil and Political Rights. I will expand
on this issue below.
...
12. As Secretary-General of the Durban Review Conference, I am
confident that the review process will provide renewed impetus to
the implementation of the Durban Declaration and Programme of
Action. The Durban Declaration and Programme of Action elaborates
a comprehensive approach to the achievement of human dignity and
the enjoyment by all of all human rights. No single issue in such
a comprehensive platform of vital importance to human dignity
should dominate discussions to the exclusion and detriment of
others. I appeal to all to uphold the consensually agreed
objectives of the Durban Review Conference, and to bear in mind
their importance to the millions of victims around the world. I
urge States to transcend their differences and to join efforts to
confront racism and xenophobia.
AfricaFocus Bulletin is an independent electronic publication
providing reposted commentary and analysis on African issues, with
a particular focus on U.S. and international policies. AfricaFocus
Bulletin is edited by William Minter.
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