COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION MARKS THE FIFTIETH ANNIVERSARY OF THE CONVENTION

The Committee on the Elimination of Racial Discrimination today marked the fiftieth anniversary of the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination by holding a full-day event at the Palais des Nations entitled “International Convention on the Elimination of All Forms of Racial Discrimination: Fifty Years of Fighting Racial Discrimination.”

In his opening remarks, José Francisco Calí Tzay, Chairperson of the Committee, stated that in the 50 years since the Convention had been adopted, significant progress had been made, but a lot remained to be done and combatting racism was a comprehensive task which required the involvement of a wide array of actors.

The event consisted of two panel discussions. The morning session, on lessons learned and best practices, was moderated by Patricia Nozipho January-Bardill, Committee Member. Panellists in the morning session were Patrick Thornberry, former member of the Committee;
Mutuma Ruteere, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Rita Izsák, United Nations Special Rapporteur on minority issues; Katharina Rose, Geneva Representative of the International Coordinating Committee of National Human Rights Institutions; and Nimalka Fernando, President of the International Movement Against All Forms of Discrimination and Racism.

In the interactive dialogue, States parties and other stakeholders praised the work of the Committee as the custodian of the Convention and supported the universal ratification and implementation of the treaty. Speakers expressed differing views on the need to have defining standards in line with the Durban Declaration to complement the Convention.

The afternoon session, on current challenges and ways forward, moderated by Anastacia Crickley, Committee Member, heard statements by Régis de Gouttes, former member of the Committee; Mireille Fanon-Mendes, Chairperson of the Working Group of Experts on People of African Descent; Victoria Lucia Tauli-Corpuz, Special Rapporteur on the rights of indigenous peoples; Volker Türk, Assistant High Commissioner for Protection at the United Nations Refugee Agency; and Gay McDougall, Chair of the Governing Council of Minority Rights Group International.

During the interactive dialogue and open forum, issues raised included limits to freedom of expression when it included hate speech, the role of the media in combatting racism, finding a balance in the fight against terrorism and protecting human rights, and the protection of refugees and migrants in an ever-increasing hostile environment.

The following States parties and organizations spoke during the interactive dialogue: Pakistan, Brazil, European Union, Egypt, Belgium, Slovenia, Finland, Colombia, France, Guatemala, Denmark, Spain, South Africa, United Kingdom, Thailand, Venezuela, Greece, India, Bolivia, Japan, Serbia, Argentina, Canada, Libya, Luxembourg, Pakistan on behalf of the Organization of Islamic Cooperation, Iran and Ecuador.

International Dalit Solidarity Network, US Human Rights Network, Lawyers’ Association of Zainichi Koreans, Rencontre Africaine pour la Défense des Droits de l’Homme, Black Mental Health UK, and the Association of World Citizens also took the floor.

The following Committee Members also spoke: Afiwa-Kindena Hohoueto, Ian Diaconu, Manuel Carlos Vaseuz, Amir Noureddine, Marc Bossuyt, Melhem Khalaf, Alexei Avtonomov, Anwar Kemal, Elias Pastor Murillo Martinez and Jose Alvez Lindgren.

The Convention was adopted and opened for signature and ratification by General Assembly resolution 2106 of 21 December 1965 and entered into force on 4 January 1969, in accordance with Article 19.

The Committee will next meet in public at the Palais Wilson on Friday, 27 November at 10 a.m., to start its consideration of the combined sixth to eighth periodic report of Lithuania (CERD/C/LTU/6-8).

Opening Remarks

JOSÉ FRANCISCO CALÍ TZAY, Chairperson of the Committee, stated that in the 50 years since the Convention had been adopted, significant progress had been made, with the civil rights movement in the United States and the end of colonialism and apartheid. However, racism had not been eliminated, as some politicians continued to promote negative practices. The Committee provided States parties with constructive recommendations on how to fight racism. The Committee could not complete the task alone. Combatting racism was a comprehensive task which required the involvement of a wide array of actors. Work had to continue towards new collective awareness as members of the one human family. There was a wide range of diverse cultures and languages in the world; that diversity ought to be recognized and protected.

Fifty Years of Achievements – Lessons Learned and Good Practices (part one)

Statements by Panellists

PATRICK THORNBERRY, former member of the Committee, said that the original text of the Convention had been drafted at a time different from today. Its preparation and adoption had been preceded by the important work of the United Nations, including the deconstruction of the concept of race by the United Nations Educational, Scientific and Cultural Organization. The Convention had been drafted in conjunction with the processes of decolonization and fighting against apartheid. The work of the Committee had demonstrated that racial discrimination was an ubiquitous phenomenon and not constrained to the former colonies only. In recent decades, indigenous activism had risen, apartheid had ended in South Africa, and a number of world conferences on racism and intolerance had taken place. While the incidence of racism might be more prevalent in certain contexts, it was not constrained to any single region or political system. Combatting racial discrimination was a demanding and ongoing challenge, stressed Mr. Thornberry. Grounds for discrimination were numerous, and the Committee had shed light on the human faces of victims. The importance of education was stressed as one of the long-term remedies to help eradicate racial discrimination. Limited use of Article 14 on communications had nonetheless led to some landmark developments. The prohibition of racial discrimination had gradually grown into a peremptory norm of international law; racial discrimination was now widely viewed as an unacceptable practice.

MUTUMA RUTEERE, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that efforts had to be made to ensure that the rights of refugees and migrants around the world were respected. Mr. Ruteere said his mandate allowed him to follow up on the recommendations made by the Committee, which also took into account reports on his country visits. The Special Rapporteur systematically echoed the Committee’s recommendations. During his recent visits to the Republic of Korea and Mauritania, for example, Mr. Ruteere had paid particular attention to the recommendations which the Committee had made to those countries. The implementation of the Convention continued to be hampered by the lack of universal ratification and insufficient follow-up to the Committee’s concluding observations. While considerable progress had been made worldwide, certain challenges remained in most of the countries, including the lack of recognition of the problem itself. Issues of racism and discrimination seemed not to be priorities on many political agendas; some mainstream political parties, on the contrary, had recently adopted racist discourses for the reasons of political convenience. Suggestions by the Committee on which countries or geographic areas should be prioritized during country visits would be welcome.

RITA IZSÁK, United Nations Special Rapporteur on minority issues, said that she also spoke as a Roma woman, who had worked on Roma-related issues in various capacities for years. Although the Committee’s mandate did not have a specific reference to minorities, the Committee had focused on the protection of minority groups and the promotion of their identities. The rights of religious and linguistic minorities were often raised by the Committee, which was praiseworthy. The Committee also made frequent recommendations on issues related to minority cultures and their access to land. Ms. Izsák was pleased that gender-related aspects of racial discrimination were also given the attention they deserved. Her latest thematic report was dedicated to minorities in the criminal justice system, another topic which the Committee regularly considered. The latest Minority Forum had witnessed numerous personal testimonies of persons who were suffering as victims of discrimination. The real challenge remained to change the mind-sets of those who discriminated against minorities because of their own prejudices, ignorance, fear or insecurity.

Discussion

In the interactive dialogue which followed, States parties said that the fiftieth anniversary proved an opportunity not only to look back, but also to move forward, as racism and racial discrimination continued to plague countries worldwide. Some speakers, including Pakistan and Egypt, believed that defining standards in line with the Durban Declaration were needed in order to complement the Convention. Others, such as the United Kingdom and France, said that what was needed was not complementary standards, but rather full and effective implementation of the Convention. It was agreed that the Convention remained a principal international instrument, a living document meeting challenges of racism and racial discrimination. The Convention enjoyed an almost universal support of the international community, but there were still some obstacles in its implementation. While the primary responsibility to implement the Convention lay with States, international cooperation and technical assistance could help countries in fulfilling their obligations. It was worrying that, in spite of all the international efforts, there were growing trends of racial intolerance and xenophobia, often based on extremist ideologies. Refugees in the Mediterranean suffered from multiple discrimination and had to be protected. A question was asked on the best ways to fight racism against immigrants.

Views were expressed that the implementation of recommendations remained a challenge for many countries concerned. Introducing simplified reporting procedures and focused recommendations would help the quality of the interactive dialogues between the Committee and States parties. One speaker noted that the shocking attacks in Lebanon, France, Mali, Tunisia and elsewhere showed that the role of the Convention remained as relevant today as it was fifty years earlier. Combatting racism and intolerance was one of the best ways to fight extremist ideologies. A number of States parties presented their national efforts of fighting and monitoring discrimination. The importance of continuous public debate on preventing and addressing racial discrimination in order to fight against racism was emphasized. The fiftieth anniversary and the International Decade of People of African Descent provided an excellent opportunity to reinforce the commitment to the protection of the rights of all persons everywhere. Human dignity was the same for all, irrespective of nationality, ethnic origin or race. Brazil informed that it would soon host a regional meeting of Latin America and the Caribbean on the Decade of People of African Descent.

Responding to some of the issues raised, Mr. Thornberry said that the Convention was not too generous regarding non-citizens, but that was somewhat rectified through the Committee’s recommendations. There were certainly difficulties with the implementation of anti-discrimination norms on the Internet, but the same principles should be applicable to all forms of media. Mr. Calí Tzay stated that the Committee had adopted a simplified reporting procedure, and was implementing it gradually, starting with those States parties which had a five or ten year delay in submitting their periodic reports. The Committee invited all interested States parties to adopt that practice and support the Committee in that regard.

Fifty Years of Achievements – Lessons Learned and Good Practices (part two)

Statements by Panellists

KATHARINA ROSE, Geneva Representative, International Coordinating Committee of National Human Rights Institutions, emphasized the importance of the work of national human rights institutions in protecting and promoting human rights. The International Coordinating Committee brought together more than 100 national human rights institutions, which bore responsibility and played a critical role in translating international human rights standards into practices, policies and laws. Such institutions were uniquely placed to play a bridging role between local and international arenas, and were indispensable partners when it came to reporting on the human rights situations on the ground, and the domestication of the conventions and their implementation. Key activities and achievements of national human rights institutions included the promotion of the ratification of the Convention and the development of national action plans on racism. They also engaged with communities and indigenous peoples and built partnerships with various societal groups. Those with complaints-handling mandates worked directly with victims of racism and racial discrimination. At the international level, an important milestone had been developing cooperation between the Committee and national human rights institutions, which provided the Committee with authoritative and independent information on national situations.

NIMALKA FERNANDO, President of the International Movement Against All Forms of Discrimination and Racism, said that her Movement was working closely with the Committee, as the core of the Movement’s existence was linked to the day-to-day experiences of men, women and children, who experienced discrimination, degrading treatment and exclusion because of their race, ethnicity or caste. The Movement had provided webcasting of the Committee’s public meetings, which had increased accessibility, transparency and public interest in the work of the Committee. Over decades, the close partnership established between the Committee and civil society organizations not only contributed to in-depth analysis of country situations and effective concluding observations, but also empowered civil society actors, including victims of racial discrimination, human rights defenders and indigenous and minority leaders. The appointment by the Committee of a rapporteur on the protection of human rights defenders was a welcome development. It was the primary obligation of States parties to take measures to implement the Convention and regularly report to the Committee; but out of 177 States parties, 91 had not submitted their initial or periodic reports by due date. Ms. Fernando said that today even in democratic societies there was an emergence of strong racist forces, with the treatment of immigrants and asylum seekers as one manifestation of that trend. The shameful concept of caste had to be eradicated.

Discussion

In the ensuing discussion, several speakers emphasized the importance of the Durban process, whose global promotion and implementation was of paramount importance as it could supplement the Convention. Sight should never be lost of incitement to racial and national hatred and hate crimes ought to be strictly prosecuted. National pieces of legislation on their own were often not enough, but affirmative action was often necessary in addition. Integrating human rights education in national school curricula played an important role in preventing racial discrimination. Alarm was expressed at the increasing levels of racism and racial discrimination, sometimes carried out by security agents in certain developed countries. It was unfortunate that thought processes and attitudes of the bygone era continued to stir divisions and intolerance around the world. One speaker emphasized the importance of decolonization and depatriarchalization, which were among the ways to combat racist practices. The mass media should abstain from reinforcing stereotypes.

One speaker raised the still persisting scourge of caste apartheid in a number of countries, even though the Committee had repeatedly asked States parties to actively combat it. Police violence and failure of the State to hold police officers accountable in the United States was brought up by a civil society representative; the Committee had been helpful in that regard. A speaker presented an overview of the current figures regarding the Committee’s work, including consideration of the reports, individual communications and general recommendations. It was significant to observe that despite the diverse challenges racism and racial discrimination posed around the world, the Convention still enjoyed a universal appeal. Several speakers raised the issue of discrimination against indigenous peoples, whose ownership of their traditional lands was often disputed. A question was asked on how civil society actors could help change mind-sets and combat racist attitudes. Human trafficking networks, which were taking advantage of security challenges in northern Africa and the Middle East, had to be stopped. Even in countries where incidents of racism were rare, preventive measures had to be continued and States needed to be vigilant and must try not to alienate migrants and vulnerable groups in society. Panellists were asked to comment on possible actions to promote social inclusiveness.


Concluding Remarks

NIMALKA FERNANDO, President of the International Movement Against All Forms of Discrimination and Racism, said that the primary responsibility to ensure that the Convention was applied lay with States parties, while civil society could assist in that regard. An enabling, and not repressive, environment was needed for civil society actors to be able to engage with Governments and the Committee. Laws needed to be effectively implemented, including on eliminating caste-based discrimination.

KATHARINA ROSE, Geneva Representative, International Coordinating Committee of National Human Rights Institutions, stated that national human rights institutions were committed to promoting the ratification of international human rights treaties, timely submission of reports, and collecting relevant statistics.

RITA IZSÁK, United Nations Special Rapporteur on minority issues, commented that perpetrators often did what they did because they felt that they could get away with their actions. Changing mind-sets had to start with education textbooks, and be followed by community spaces for dialogue where various groups could meet, interact and learn about each other. Minority voices had to be included in the mainstream media.

MUTUMA RUTEERE, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that most progress had been seen in those places where civil society could freely operate. It was thus important to strengthen and empower those actors, especially at the local level.

PATRICK THORNBERRY, former member of the Committee, stressed that data collection was a vital tool for combatting racial discrimination. Some States had ideological and practical issues in that regard, but the Committee had encouraged States parties to be creative. The Committee’s essential role was dialogic, engaging in conversation with States parties and stating the truth whenever necessary.

PATRICIA NOZIPHO JANUARY-BARDILL, Committee Member and debate moderator, concluded by saying that racism dehumanized victims and perpetrators alike. As the custodian of the Convention, the Committee insisted on protecting and promoting it. Calls for universal ratification and the full implementation of the Convention were repeated. The Committee was taking part in discussions on complementary standards. Activities of various mandate holders were truly important and complemented the work of the Committee.

Current Challenges and Ways Forward (part one)

RÉGIS DE GOUTTES, former member of the Committee, said that during his 24 years at the Committee, he had been able to see how much the Committee had helped reinforce the constructive implementation of the Convention. The Committee was a global observatory body on racism. It had to address new challenges in societies today, including exacerbations of ethnic conflicts, security policies in the wake of terrorism and their impact on civil liberties, and statements inciting ethnic and racial hatred, among others. Regarding the consideration of States parties’ reports, it was important to always send to the State party under consideration a list of issues which would be raised in the meeting. Interactive dialogues with States needed to be further strengthened, priority issues identified when preparing concluding observations, while ongoing monitoring of the compliance between the two reports ought to take place. Experts’ visits to countries were a good idea, in order to help countries better prepare their replies and reports. Progress had been made regarding individual communications, with 57 States having accepted those procedures, but still it was only a fraction of the totality of 177 States parties to the Convention. States had to cooperate more closely with rapporteurs and spread the information more widely about the individual complaints system. The early warning mechanism, instituted in 1993, was now more important than ever.

MIREILLE FANON-MENDES, Chairperson of the Working Group of Experts on People of African Descent, said that the Group was particularly focused on racial discrimination, xenophobia, Afrophobia and related intolerance. It was important to identify sectors in which racial discrimination took place on a daily basis, which included education, employment, healthcare, and also the justice system. The background and the history of the issue should not be ignored – that was the only way to counter the discrimination and provide reparatory justice. The increase in extreme right wing political discourse and crimes committed on the basis of African descent were signs of going back to the past, which had once been deemed impossible. It should be underlined that a huge number of tools existed to combat huge challenges posed by racial discrimination. General recommendation 34 on persons of African descent, issued by the Committee in 2011, was an example of an action taken in that regard. It was vital that all the existing mechanisms be better promoted among the victims of racism and racial discrimination. National legislation against racial discrimination ought to be adopted and implemented. All had a collective responsibility of pulling resources and putting in practice policies against racial discrimination.

VICTORIA TAULI-CORPUZ, Special Rapporteur on the rights of indigenous peoples, through a video message, took note of the important work the Committee was doing on the rights of indigenous peoples. General recommendation 23, which mainly focused on the indigenous peoples’ right to develop their lands and territories, had led to very favourable actions by some States and international organizations. Ms. Tauli-Corpuz took seriously the importance of early warning and urgent measures instituted by the Committee. In the Philippines, for example, those measures had been used with regard to the mining operations in the south of the country. The Special Rapporteur expressed her support for the work of the Committee and her willingness to continue mutually beneficial cooperation with the Committee.

Discussion

A delegate stated that Islam laid special emphasis on human dignity, equality and non-discrimination. Muslims around the world were victims of discrimination and hate speech, especially those who found themselves migrants and refugees. A civil society representative said that Japan had made very little effort to implement the Committee’s recommendations. Hate crimes and hate speech targeting ethnic minorities, especially Koreans in Japan, had become a grave problem recently. It was acknowledged that the interdiction of racial discrimination was a universal norm and was there to stay, but the struggle against racial discrimination had to continue. The Committee had to respond to ever-evolving social trends and new migration flows and adapt to new challenges and problems while taking into account the text of the Convention. The International Decade of People of African Descent should be used by the international community to redouble its efforts to combat racism and discrimination of Africans and Afro-descendants. Several speakers presented their respective countries’ policies and plans to combat inequalities and racist practices, including promoting the rights of indigenous communities. Calls were repeated for the universal ratification of the Convention. One speaker opined that terrible practices from colonial times were regrettably reinforced by the mass media today; decolonization was a lengthy process which involved full respect for human rights.

Responding to some statements, Mr. de Gouttes said that the individual complaints procedure was still not fully developed in the Committee and thus required further work. The unit at the Office of the High Commissioner for Human Rights dealing with individual complaints on various issues had to be reinforced. The early warning mechanism would become more and more important given developments across the world. Ms. Fanon-Mendes commented that people of African descent often suffered from invisibility. The situation of often having cases of racism which were not actionable had to change.

Current Challenges and Ways Forward (part two)

VOLKER TÜRK, Assistant High Commissioner for Protection at the United Nations Refugee Agency, stated that the world had not been confronted with such a high number of refugees, internally displaced and stateless people since the end of World War II. The reasons why many of those people were fleeing spoke directly to the Convention. It was not just the origin of their flight, but also the protection of refugees, which was a major challenge that had to be considered. The protection space for refugees and asylum seekers was rapidly shrinking as 15 conflicts had recommenced or broken out over the previous five years. The single most important challenge in the years ahead was probably the climate of fear created by toxic political discourse in many countries. There were 10 million stateless people in the world, most of whom belonged to minority groups, and at least 20 countries maintained nationality laws which allowed for withdrawal of citizenship based on ethnicity or religion. A global campaign to end statelessness had been launched in 2014. He hoped that the Committee would pay particular attention to the plight of migrants, refugees, internally displaced and stateless people.

GAY MCDOUGALL, Chair of the Governing Council of Minority Rights Group International, said that her international non-governmental organization, a network of 150 partner organizations, worked to secure the rights of racial, ethnic, religious and ethnic minorities and indigenous peoples worldwide. Ms. McDougall shared her own experience as a member of a minority group in the US State of Georgia during the period of America’s version of apartheid, the so-called “Jim Crow” rules, and pointed out that the school from which she had graduated was still all black today. Like then, the Convention today gave hope to people around the world who were still struggling with injustices. The Committee was facing three formidable challenges, one of them being effectiveness, which included follow-up on concluding observations, synergies with relevant Special Procedures and creating visibility for the work of the Committee. Another challenge came with the adoption of the Sustainable Development Agenda, where the Committee now had a unique opportunity to hold States accountable to their commitment not to leave anyone behind. Finally, as an ever greater proportion of minorities and indigenous peoples lived in urban areas, the Committee should help States parties understand how their obligations under the Convention had relevance to the new circumstances faced by minorities in urban areas.

Discussion

One delegate recalled the recent tenth anniversary of the Responsibility to Protect. Preventing and fighting hate and inciting speech played an important role in that regard. A question was asked on how new scourges and forms of discrimination could be fought without having new norms in place. It was noted that public policies had to take into consideration the Durban Programme of Action. Unless something was done, the current decade could become another lost decade in promoting and protecting rights of persons of African descent. The issue of racism against black people in the United Kingdom was brought up, where their incarceration rates and their economic and social exclusion were a matter of grave concern. The duty of States to protect their population was an important one and should not be overstated, but human rights ought to be protected in the fight against terrorism, one speaker noted. Victims of extremist acts were sometimes doubly victimized because of their ethnic or religious background.

The role of the Committee in helping civil society raise often ignored issues was praised. Information was provided that out of 1,027 killings by police officers in 2015, only a dozen officers had been charged with murder or manslaughter. How should States be reacting given the rise of hate speech and racism all over the board, and where were the limits of the freedom of expression, a speaker asked. The role of the media in promoting and fighting racist discourse was also raised. It was stressed that one had to understand that illegal immigration was a scourge which ought to be fought as it was impossible for everyone to install themselves in the country of their choice. Otherwise, there was a real danger of the continuing rise of xenophobia, Islamophobia and racism. Another speaker said that the economic problems in the countries from which migrants were coming had to be addressed. The world could not be built on the basis of fear; in order to promote peaceful existence, the lack of knowledge of others had to be done away with. One speaker deplored the current era of narcissism and inequality, adding that obsession with differences could lead to fundamentalism.

Concluding Remarks

JOSÉ FRANCISCO CALÍ TZAY, Committee Chairperson, said that the Committee had written more than 100 letters to States and made declarations since the procedure of urgent measures had been adopted. A declaration on the refugee crisis, for example, had been issued in April 2015. Decisions could not be taken unless the Committee was in session.

VOLKER TÜRK, Assistant High Commissioner for Protection at the United Nations Refugee Agency, feared that the Committee would have much more work in the years to come, not least because of the refugee crisis and the rising xenophobia. Inflammatory rhetoric and xenophobic tendencies had to be addressed when they started and nipped in the bud. Strong political and moral leadership was clearly needed. Root causes behind forced displacement would have to be looked into in much more depth.

GAY MCDOUGALL, Chair of the Governing Council of Minority Rights Group International, stated that the Committee had to develop much more robust approaches to seeking full, true and swift implementation of its recommendations. Structural discrimination, the consequences of which were economic exclusion and poverty, needed to be addressed. The Committee ought to be more visible and speak more loudly in the corridors where the most critical decisions were made on development policies, peace and security.

ANASTACIA CRICKLEY, Committee Member and debate moderator, believed that focus should indeed be placed on root causes, which was absolutely crucial. It was up to the States parties to implement the Convention, whose custodian was the Committee. Ms. Crickley concluded by thanking all those who had contributed to the implementation of the Convention over the past 50 years.


For use of the information media; not an official record

CERD15/030E