GA/SHC/3970
Sixty-fourth General Assembly
Third Committee
47th Meeting (AM)
Other Draft Resolutions Recommended to General Assembly Address Human Rights, Cultural Diversity; International Year for People of African Descent
Alarmed at the increase in racist violence and xenophobic ideas in many parts of the world, the General Assembly would express unequivocal condemnation of all forms of racism and racial discrimination by one of five draft resolutions approved today as the Third Committee (Social, Humanitarian and Cultural) concluded its work for the current session.
The five-part draft resolution on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, was one of three passed by recorded vote. Together with two other drafts approved without a vote -- which addressed the situation of the girl child and proclaimed the International Year for People of African Descent for 2011 -- they brought the total number of texts the Committee is forwarding to the General Assembly for adoption during the sixty-fourth session to more than 60.
With 122 votes in favour to 13 against and 45 abstentions, the text on eliminating racism and following up on the Durban Declaration and Programme of Action would have the Assembly reaffirm its role as the highest intergovernmental mechanism for formulating and appraising policy related to the economic, social and related fields. It would also reaffirm that, together with the Human Rights Council, it shall constitute an intergovernmental process for implementing the outcome of the World Summit in Durban in 2001. (For further details of the vote, see Annex I).
By other provisions, the Assembly would decide that the implementation of the Durban Review Conference's outcome shall be undertaken in the same framework and by the same mechanisms as the outcome of the World Conference. It would also call on States to take all necessary measures to combat incitement to violence, including through the misuse of various media and communications technologies and to promote the use of those technologies in the fight against racism.
Following the text's approval, the representative of Sweden, speaking on behalf of the European Union –- whose members did not support the draft either by voting against it or by abstaining -- stressed that racism could be fought even as other freedoms were upheld. To this end, the Union would have liked to see stronger language on the potential of freedom of expression to aid the fight against racism and intolerance.
Noting that the text's main co-sponsors had cancelled consultations planned for yesterday, she also expressed doubt that some of the "major players" were interested in keeping the relations related to the Durban process on a consensus basis. Indeed, the Union felt it had not been included in any good-faith and transparent efforts in this regard and, given its desire for a consensus text, it deplored the way this important issue had been handled.
Of the two other texts requiring recorded votes today, the draft resolution on the protection of human rights and fundamental freedoms while countering terrorism proved divisive as presented. Although it eventually passed with 181 votes in favour to none against, with the abstention only of St. Kitts and Nevis, its approval was secured only after two amendments proposed by the African Group were made. (Annex IV).
The amendments, approved by recorded votes of 77 in favour to 73 against, with 23 abstentions on the first amendment, and 81 in favour to 73 against, with 20 abstentions on the second, revised references in the text to the work and report of the Special Rapporteur, both of which had proved controversial throughout the Committee's session (See Annexes II and III).
Introducing the amendments on behalf of the African Group, the representative of Zambia said the Special Rapporteur's report reflected an attempt to introduce notions of sexual orientation and gender identity that had no foundation in international human rights law. In so doing, it marginalized relevant issues in the context of counter-terrorism and redefined notions around gender, thereby re-classifying women and men. Moreover, the Special Rapporteur had engaged in activities that fell beyond the scope of his mandate, which would, if left unchecked, undermine the credibility of the special procedures system.
In contrast, several delegations pointed out that the resolution used neutral language and did not refer to the controversial aspects the African Group found alarming. Several of them particularly underlined the need for and value added by the principle of independence in the special procedures system.
Speaking on behalf of the text's co-sponsors, the representative of Mexico said the strong preference of the group would have been to include a neutral reference to the report. Nevertheless, they stood by the resolution as a whole. The group of co-sponsors did not understand the text as a motion of censorship, and was still persuaded that the work of the Rapporteur continued to be a powerful way to advance a constructive human rights agenda.
Debate before and after the approval of the draft text on human rights and cultural diversity -- which passed by a vote of 122 in favour to 50 against, with 4 abstentions (Armenia, Fiji, Japan and Timor-Leste) -- centred on the European Union's proposal during earlier consultations to insert a paragraph reaffirming the prescription of the UNESCO Declaration on Cultural Diversity that "no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor limit their scope."
Expressing regret that this proposal had not been accepted, Canada's representative strongly defended the idea that cultural diversity and the universal promotion and protection of human rights were mutually supportive, while emphasizing her delegation's strong view that cultural diversity must not be invoked to infringe upon or limit the scope of universal human rights. Echoing this, the United States delegate voiced the additional concern that the term "cultural diversity" could be used to legitimize human rights abuses and stressed that human rights were universal.
The representative of Egypt, speaking on behalf of the Non-Aligned Movement, which had tabled the resolution, stressed that respect for cultural diversity contributed to the full respect of States' obligations to the protection and promotion of human rights. He agreed that efforts to this end should not infringe on the full enjoyment of human rights or justify limitations on their scope. He noted, however, that the global community must treat them in a fair and equal manner, on the same footing and with the same emphasis.
By the terms of the draft resolution on the girl child, which the Committee approved by consensus, the Assembly would call on States to place enhanced emphasis on quality education for the girl child, including catch-up and literacy education for those who did not receive formal education. States would also be called on to recognize the equal right to education, which would entail making good quality primary education compulsory and freely available to all children. They would also be urged to improve the situation of girls faced with limited nutrition, water and sanitation facilities, basic health care and shelter, among other things.
The text on the International Year for People of African Descent would have the Assembly set 1 January 2011 as the beginning of that observation. Among the goals of that Year would be the strengthening of national actions, and regional and international cooperation for the benefit of people of African descent in relation to their full enjoyment of economic, cultural, social, civil and political rights, their participation and integration in all political, economic, social and cultural aspects of society.
Also today, the Committee approved its programme of work for the sixty-fifth session and took note of 16 reports related to its work on notes transmitting such reports.
In concluding remarks, the Committee Chairman Normans Penke of Latvia, quoted the English author Albert Pine, who said "What we do for ourselves dies with us. What we do for others and the world remains and is immortal." He paid tribute to the Committee for its ability to know not just how to vote, but also how to negotiate a distinct outcome.
The Committee's Rapporteur also made closing remarks, while the delegations of the United Kingdom and Egypt respectively presented a look back on the session's work in rhyme.
Speaking during consideration of the various draft texts were the representatives of Israel, Norway (also on behalf of Iceland), Argentina, New Zealand, Syria, Saint Lucia, Venzuela, Pakistan, Cuba and Benin.
The delegations of Bosnia and Herzegovina, Cape Verde, United Kingdom, the Republic of Congo and Niger spoke on procedural matters.
Background
The Third Committee met this morning to conclude its work for the sixty‑fourth session. Before it were 6 draft resolutions for action: the girl child (document A/C.3/64/L.20/Rev.1), under "rights of children"; global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (document A/C.3/64/L.54/Rev.1) under "elimination of racism and related intolerance"; protection of human rights and fundamental freedoms while countering terrorism (document A/C.3/64/L.43/Rev.1), United Nations Decade for People of African Descent (document A/C.3/64/L.44/Rev.1) and human rights and cultural diversity (document A/C.3/64/L.49) under "human rights questions, including alternative approaches for improving the enjoyment of rights and freedoms"; and one resolution under "revitalization of the work of the General Assembly" (document A/C.3/64/L.64).
Action on draft resolutions
The Committee first turned to a text on the girl child (document A/C.3/64/L.20/Rev.1), introduced by the representative of Nambia, on behalf of the Southern African Development Community (SADC), who made some oral revisions to the text that were circulated in the room.
The draft would have the Assembly urge all States to sign and ratify or accede to International Labour Organization Conventions concerning Minimum Age for Admission to Employment, 1973 (Convention No. 138) and concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 (Convention No. 182). It would urge Governments and the United Nations system to strengthen efforts with each other and with international organizations and private sector donors to achieve the goals of the World Education Forum, in particular that of eliminating gender disparities in primary and secondary education by 2005, which have not been fully met. It would urge Governments to implement the United Nations Girls' Education Initiative as a means of reaching that goal.
The text would also have the Assembly call on States to place enhanced emphasis on quality education for the girl child, including catch-up and literacy education for those who did not receive formal education. It would call on States to recognize the equal right to education, which would entail making good quality primary education compulsory and freely available to all children.
By further provisions, the Assembly would urge States to improve the situation of girls deprived of nutrition, water and sanitation facilities, and with limited or no access to basic health care services, shelter, education, participation and protection. In doing so, States were urged to account for the fact that a lack of goods and services was most threatening and harmful to girls, leaving them unable to enjoy their rights, to reach their full potential and to participate as full members of society.
By other terms, the Assembly would urge States to ensure that the applicable requirements of the International Labour Organization for the employment of girls and boys were respected and effectively enforced and that girls who were employed had equal access to decent work and equal remuneration, and were protected from economic exploitation, discrimination, sexual harassment, violence and abuse in the workplace. States were also urged to ensure that girls were aware of their rights and had access to formal and non-formal education, skills development and vocational training, and further urge States to develop gender-sensitive measures, including national action plans where appropriate, to eliminate the worst forms of child labour, including commercial sexual exploitation, slavery-like practices, forced and bonded labour, trafficking and hazardous forms of child labour.
Further by the text, States would be urged, in cooperation with non-governmental organizations, to give priority to both formal and informal educational programmes that support and enable women to develop self-esteem, acquire knowledge, make decisions on and take responsibility for their own health, achieve mutual respect in matters concerning sexuality and fertility and educate men regarding the importance of women's health and well-being.
Further provisions would have the Assembly call on States to address the factors that encourage early and forced marriage, by strengthening existing legislation. It would further call on States, with the support of international and non-governmental organizations, to generate social support for the enforcement of laws on the minimum legal age for marriage, in particular by providing educational opportunities for girls. States would be further urged to enact and enforce legislation to protect girls from all forms of violence and exploitation, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, trafficking and forced migration, forced labour, early and forced marriage and marriages under legal age, and to develop age-appropriate safe and confidential programmes and medical, social and psychological support services to assist girls who are subjected to violence and discrimination.
It would have States deplore sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers. It would also deplore all acts of sexual exploitation, abuse of and trafficking in women and children by military, police and civilian personnel involved in United Nations operations. It would welcome United Nations efforts to implement a zero-tolerance policy in this regard, and would request the Secretary-General and personnel-contributing countries to continue to take all appropriate action necessary to combat abuses by such personnel, including through the full implementation without delay of those measures adopted in the relevant General Assembly resolutions based on recommendations of the Special Committee on Peacekeeping Operations.
The draft would have the Assembly request the Secretary-General, as Chairman of the United Nations System Chief Executives Board for Coordination, to ensure that all United Nations entities, in particular the United Nations Children's Fund, the United Nations Educational, Scientific and Cultural Organization, the World Food Programme, the United Nations Population Fund, the United Nations Development Fund for Women, the World Health Organization, the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the International Labour Organization, to account for the rights and needs of girls in country programmes, in line with national priorities, including through the United Nations Development Assistance Framework. It would request human rights treaty bodies and human rights mechanisms of the Human Rights Council, including the special procedures, to report on violations of the human rights of women and girls.
The Assembly would, by other provisions, request States to ensure that programmes designed to provide comprehensive HIV/AIDS care give particular attention to girls at risk, infected with and affected by HIV, including pregnant girls and young and adolescent mothers, as part of global efforts to achieve universal access to comprehensive prevention, treatment, care and support by 2010.
The representative of Sweden, speaking also on behalf of Switzerland, said he was pleased to join consensus. As regards new additions in operative paragraph 19, the two countries understood that when defining "marriage under legal age", States would do so in accordance with the Convention on the Rights of the Child.
The Committee adopted the resolution, as orally revised, without a vote.
After its approval, the representative of Chile said the draft constituted an advance in the rights of girl children. She awaited the Secretary-General's report regarding early marriage and hoped that it would contribute to the implementation of Convention on child rights, which was celebrating its 20th anniversary. She endorsed what was said by the European Union, saying the phrase mentioned was intended to accommodate the needs of delegations with legislation on child marriage.
Following that action, and in line with General Assembly resolution 55/488, the Committee took note of the following documents under agenda item 65:
- Report of the Secretary-General on the girl child (document A/64/315)
- Note by the secretariat on the promotion and protection of the rights of children (document A/64/182-E/2009/110)
Under agenda item 66, the Committee also took note of the report of the Special Rapporteur on the situation of human rights and fundamental freedom of indigenous people (document A/64/338).
It then turned to a five-part draft text on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (document A/C.3/64/L.54/Rev.1), which was introduced by the representative of Sudan, on behalf of the Group of 77 and China.
By Part I, on outcomes of the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the 2009 Durban Review Conference, the Assembly would reaffirm that it was the highest intergovernmental mechanism for formulating and appraising policy relating to the economic, social and related fields and that together with the Human Rights Council, it shall constitute an intergovernmental process for the comprehensive implementation of and follow-up to the Durban Declaration and Plan of Action.
It would, by further terms, call on all States that have not yet elaborated their national action plans on combating racism, racial discrimination, xenophobia and related intolerance to comply with their commitments undertaken at the World Conference. States would also be called on to formulate and implement, at the national, regional and international levels, policies and plans of action to combat racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations.
The Assembly would further urge States to support the activities of existing regional bodies or centres that combat racism, racial discrimination, xenophobia and related intolerance and recommend the establishment of such bodies in all regions where they do not exist. It would also call on those States that have not yet done so to consider signing and ratifying or acceding to the instruments enumerated in paragraph 78 of the Durban Programme of Action. It would decide that the implementation of the Durban Review Conference's outcome shall be undertaken in the same framework and by the same mechanisms as the outcome of the World Conference.
By Part II, on general principles, the Assembly would express its profound concern about and its unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and intolerance, as well as propaganda activities and organizations that attempt to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form.
Among other provisions, it would also express deep concern at inadequate responses to emerging and resurgent forms of racism, racial discrimination, xenophobia, and related intolerance and urge States to adopt measures to address these scourges vigorously with a view to preventing their practice and protecting victims. It would stress that States and international organizations have a responsibility to ensure that measures against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin. It would urge all States to review and, where necessary, revise their immigration laws, policies and practices to ensure they are free of racial discrimination and compatible with their obligations under international human rights instruments.
States would be called on, in accordance with their commitments under paragraph 147 of the Durban Declaration and Programme of Action, to take all necessary measures to combat incitement to violence, including through the misuse of various media and communications technologies and to promote the use of such technologies in the fight against racism, in conformity with international standards of freedom of expression and taking all necessary measures to guarantee that right.
By Part III, on the International Convention on the Elimination of All Forms of Racial Discrimination, the Assembly would express grave concern that universal ratification had not yet been reached, despite commitments under the Durban Declaration and Programme of Action. It would call upon those States that have not yet done so to accede to the Convention as a matter of urgency and urge the Office of the High Commissioner for Human Rights to regularly issue a list of countries that have not yet ratified the Convention and to encourage such countries to do so.
By Part IV, on the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits, the Assembly would reiterate its call to all Member States, intergovernmental organizations, relevant organizations of the United Nations system and non-governmental organizations to cooperate fully with the Special Rapporteur. It would also urge the High Commissioner to provide States, at their request, with advisory services and technical assistance to enable them to implement fully the Special Rapporteur's recommendations.
By Part V, which is a general section, the Assembly would recommend that the meetings of the Human Rights Council focusing on the follow-up to the World Conference and the implementation of the Durban Declaration and Programme of Action be scheduled in a manner that allows broad participation and that avoids overlap with the meetings devoted to the consideration of this item in the General Assembly.
The Committee Secretary, MONCEF KHANE, informed the Committee that, should it approve the draft resolution, there would be no requirement of additional provisions under the proposed programme budget for the biennium 2010-2011.
Making a statement in connection to the draft resolution, the representative of Israel said her delegation's position on the Durban Declaration and Plan of Action and the Durban Review Conference was expressed yesterday. Accordingly, she called for a recorded vote on the text.
Speaking in explanation of vote before the vote, the representative of the United States said his country was deeply committed to fighting racism, racial discrimination, xenophobia and related intolerance at home and abroad. Its founding commitment to the principle that all people were created equal was manifested in its own legislation and its work around the world. Among other things, the United States had, in October, presented an action plan during the meeting of the Ad Hoc Committee on the elaboration of complementary standards.
He said the United States had been unable to support the Durban Review Conference because it supported the 2001 World Conference, in toto. The United States was deeply concerned about hateful speech, but did not agree that the best way to combat such speech was by its prohibition. Rather, the United States believed an effective approach was based on three key elements, including robust legal protections against hate crimes, outreach to religious groups and vigorous defence of freedom of expression. It regretted having to vote "no" on this text and looked forward to working together with the international community. It remained deeply committed to ongoing, thoughtful dialogue on combating racism and racial discrimination.
Norway's representative, speaking also on behalf of Iceland, said that the two countries were fully committed to fighting racism, racial discrimination and related intolerance. Last year, they had voted in favour of this resolution. It had also participated in the Durban Review Conference and had never questioned the need to fight racism. It had also co-sponsored yesterday's resolution on this text. It had again engaged in negotiations on the current text and appreciated that some of its amendments had been accepted by the co-sponsor. It deeply regretted, however, that more negotiations were not held and hoped that, in future years, a wider discussion would be possible. For this reason, Iceland and Norway regretted that they would have to abstain on the draft text.
The representative of Sweden, speaking on behalf of the European Union, reiterated the Union's full commitment to the fight against racism, racial discrimination, xenophobia and related intolerance, which were in direct contrast to the principles on which the Union was founded. Throughout the European Union, the fight against racism, racial discrimination, xenophobia and related intolerance was aided by non-governmental organizations through a number of independent reporting and monitoring procedures, research and support for legal reforms.
Nevertheless, there was no room for self-righteousness, she said. The Union was well aware of the problems facing its region and was determined to fight them. The Union called for the universal ratification of the Convention on the Elimination of Racial Discrimination and for all States to fully cooperate with that Convention's Committee. It supported the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. As he had said, the Union supported anchoring the debate in the existing legal framework. The Union had participated in the World Conference in 2001. Since then, the Union had focused on fully implementing the Durban Declaration and Plan of Action. It had also participated in the preparations for the Durban Review Conference, and saw its outcome as the basis for future work in this Committee and all follow-up mechanisms.
She said the Union hoped that streamlining and making the work of these mechanisms more efficient would be of added value to Member States. Yet, the current operative paragraph 16 clearly went against the discussion on streamlining the Durban follow-up mechanisms. Regarding the Ad Hoc Committee on complementary standards, the Union was unconvinced of gaps and the need for new legal norms. If new norms were called for, they should arise from fact-based considerations and the recommendations of the Committee on the Elimination of Racial Discrimination. The Union could not accept the positive references to the Working Group contained in the resolution.
Continuing, she stressed that racism could be fought while also upholding other freedoms, namely that of expression, and the Union would have liked to see stronger language on the potential of the freedom of expression to do so. Further, it would have preferred the text to provide more clarity on the project of commemoration for the tenth anniversary of the Durban Declaration and Plan of Action and future budget implications of that event. The Union would like to be included in further planning for it.
She went on to say the Union was deeply disappointed by the decision of the Group of 77 to cancel consultations planned for Monday. Had negotiations continued, the Union believed a stronger draft text would have resulted. It doubted if some of the major players were interested in keeping the relations related to the Durban process on a consensus basis. Nor did the Union feel it had been included in any good-faith and transparent efforts in this regard. Since it wanted a consensual outcome to this process, and since it attached great importance to combating racism, racial discrimination, xenophobia and related intolerance, the Union deplored the way this important issue had been handled in the Third Committee. Any attempt to combat racism must be on a consensual approach and, for all these reasons, the Union could not lend support to this draft resolution.
