Durban Watch

Durban II

EYEontheUN ALERT - January 29, 2009

Iranian-led Durban II "anti-racism" negotiations end in total disgrace:
Zionism is racism, apartheid Israel and questioning the Holocaust
are now on the Durban II negotiating table

Intensive negotiations last week in Geneva have resulted in a new version of the "Draft Outcome Document" for Durban II - released yesterday. Iran - a Vice-Chair of the executive committee for Durban II - played a leading role in the drafting process, speaking more often than any other single state. The result? Now on the negotiating table: Jewish self-determination or Zionism is racism. Israel is guilty of apartheid and the number of Jews murdered in the Holocaust is questionable.

Anne Bayefsky, Editor of EYEontheUN, commented: "this "anti-racism" manifesto is much worse even than its predecessor. Islamic and other rights-abusing states had a field day preparing for Durban II. European states were totally unable to introduce the modifications necessary to protect human rights standards or change the clear intent of the conference."

Here are some of the features now part of negotiations according to the new draft:
  • the "law of return" - the core of the self-determination of the Jewish people or Zionism - is racist
  • Israel is guilty of crimes against humanity and "a contemporary form of apartheid"
  • Israel's security fence is a "segregation wall"

  • a provision condemning Israel's actions in Gaza
  • while Israel is repeatedly condemned, not one of the other 191 UN states is mentioned
  • a proposal to delete reference to the numbers of Jews murdered in the Holocaust - on the grounds that it is questionable

  • a claim that "religions" - as opposed to individuals - can be "defamed"

  • provisions curtailing free speech - "abuse of freedom of expression"

  • efforts to limit and govern the media by "a code of ethical conduct"

  • creation of a hierarchy of victims, with Muslim minorities on top - "most disturbing phenomenon is the intellectual and ideological validation of Islamophobia"

  • efforts to trump universal rights and freedoms by references to cultural diversity, "cultural particularities," religious and cultural "identities"

  • undermining counterterrorism activities by alleging they increase racism

  • challenges to any responsibility for the trans-Saharan slave trade and the slave trade in the Indian Ocean

  • introducing "anti-Arabism" as intolerance against a religious minority

  • attempting to introduce laws against "projecting negative, insulting and derogatory images of religions and religious personalities"

  • calls for new laws endangering rights and freedoms, such as, laws on "respect for human rights and reputation, public morals, and incitement to racial and religious hatred and freedom of expression".
The snail's pace of negotiations prompted the drafting committee to add still more preparatory meetings. Meetings now scheduled, in Geneva, are the Intersessional Open-ended Intergovernmental Working Group: 16-19 February + 6-9 April 2009, the Preparatory Committee - Third Session: 15-17 April 2009; and Durban II: 20-24 April 2009.

The continued participation of the European Union and Australia in the Durban II forum is legitimizing a global discussion of the veracity of the Holocaust, the legitimacy of a Jewish state, and broad restrictions on freedom of expression - all in the name of "human rights".

President Obama, it is time to announce the United States will stay away from Durban II, together with Canada and Israel.

********

Sections of the Draft Text

28 January 2009

Revised version of the technically reviewed text (A/CONF.211/PC/WG.2/CRP.2) submitted by the Chairperson-Rapporteur of the intersessional open-ended working group to continue and finalize the process of negotiations on and drafting of the outcome document

Ed. Note: Square brackets mean not yet decided. Ad. ref. means ad referendum, or adopted pending agreement on the whole document. A cluster is a group of paragraphs. Para means paragraphs. DDPA is the Durban Declaration and Programme of Action adopted at the first Durban Conference in Durban, South Africa, September 8, 2001. Over the course of the week (January 19-23, 2009), the drafting committee considered only 40% of the document before them and agreed on approximately 20% of the provisions covered.

 DEMONIZING ISRAEL

 Paragraphs that have been discussed:

 SECTION 1:
Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

A. Sources, causes, forms, and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance
(General provisions on DDPA, human rights, human dignity, cultural diversity, multiculturalism, sources, causes, forms, manifestations, political will, obstacles)

    NEW PARA: Reaffirms the Durban Declaration and Programme of Action (DDPA) as it was adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001; [Adopted ad ref.]

    [Ed. Note: This includes paragraph 63 of the DDPA which alleges Palestinians are victims of Israeli racism.]
(Middle East) [proposal to delete cluster]

    30. [Expresses deep concern at the practices of racial discrimination against the Palestinian people as well as [Syrian nationals of the occupied Syrian Golan] [other inhabitants of the Arab occupied territories] which have an impact on all aspects of their daily existence and prevent the enjoyment of fundamental rights, and renews the call for the cessation of all such practices;]

    31. [Reiterates that the Palestinian people have the inalienable right to self determination and that, in order to consolidate the [Israeli] occupation, they have been subjected to unlawful collective punishment, torture, economic blockade, severe restriction of movement and arbitrary closure of their territories. Also notes [with concern] that illegal settlements continue to be built in the occupied [Arab] territories [since 1967];]

    32. [Reaffirms that a foreign occupation founded on settlements, laws based on racial discrimination with the aim of continuing domination of the occupied territory[y][ies], as well as the practice of reinforcing a total military blockade, isolating towns, villages and cities from one another, [totally] contradicts the purposes and principles of the Charter of the United Nations [and constitutes a serious violation of international human rights and humanitarian law, a crime against humanity, a contemporary form of apartheid and serious threat to international peace and security] [and violates the basic principles of international human rights law];]

    [NEW PARA: Expresses deep concern at the plight of Palestinian refugees and other inhabitants of the Arab occupied territories as well as displaced persons who were forced to leave their homes because of war and racial policies of the occupying power and who are prevented from returning to their homes and properties because of a racially-based law of return. It recognizes the right of return of Palestinian refugees as established by the General Assembly in its resolutions, particularly resolution 194 of 11 December 1948, and calls for the return to their homeland in accordance with and in implementation of this right;]

    33. [Reiterates deep concern about the plight of the Palestinian people [as well as inhabitants of the other occupied territories] under foreign occupation, [including the obstruction of the return of refugees and displaced persons, and the construction of the segregation wall,] and urges respect for international human rights law, international refugee law and international humanitarian law, and calls for a just, comprehensive and lasting peace in the region;]

    34. [Re-emphasizes the responsibility of the international community to provide international protection, in particular from racism, racial discrimination, xenophobia and related intolerance, for [Palestinian] civilian populations under occupation in conformity with international human rights law and international humanitarian law;]

    [Proposal to include reference to Gaza situation – language to be provided]

********

THWARTING THE WAR TO END TERRORISM

 Paragraphs that have been discussed:

 SECTION 1:
Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

A. Sources, causes, forms, and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

(General provisions on DDPA, human rights, human dignity, cultural diversity, multiculturalism, sources, causes, forms, manifestations, political will, obstacles)

    5. [Notes that other obstacles hampering progress in the collective struggle against racism and racial discrimination include [first and foremost the absence of political will, the denial of the existence of contemporary racist tendencies,] weak [national] legislation and policies, lack of effective strategies, [lack of political will,] lack of implementation of international legal framework and commitments, impunity on different grounds [ – including [[negative] abuse of] freedom of expression, [counter-terrorism, and national security] [stereotypical association of religion with terrorism and violence by the media and national security forces]– as well as an increase in extreme right wing xenophobic political platforms. Hence the need [arises] to deal with this menace in all its forms and manifestations with all available tools at our disposal];]
(Racial profiling, counter-terrorism)

    22. [Draws attention to the impact of] [Strongly deplores the [overt and covert] discriminatory] counter-terrorism measures [on] [that have led to] the rise of racism, racial discrimination, xenophobia and related intolerance [including the practice of racial, ethnic, national and religious profiling;]

    NEW PARA: Also condemns all acts of ethnic, racial or religious profiling and segregation in any society, wherever it may occur, and its concomitant negative impact on the human rights of affected segments of population [and urges States to take resolute action against those responsible both in the public and private sectors]; [proposal to move to section 5].

    NEW PARA: Reaffirms that counter-terrorism strategies should not undermine the protection of human rights and the fight against racism, racial discrimination, xenophobia and related intolerance;
(Freedom of religion, incitement to religious intolerance, hatred, or violence, defamation of religion, freedom of expression)

    26. [[Notes with concern] [Seriously concerned at the] instances of defamation of religions, which manifests itself in [projecting negative, insulting and derogatory images of religions and religious personalities,] generalized and stereotypical association of religions, in particular Islam, with violence and terrorism, thus impacting negatively on the rights of individuals belonging to these religions, including Muslim minorities, and exposing them to hatred and discrimination. Such situations are further aggravated by the imposition of restrictions on the profession of religions, including [the surveillance of places of worship and restrictions on their construction] [the construction of places of worship and their surveillance];]
Paragraphs that have not been discussed:

 B. Victims of racism, racial discrimination, xenophobia and related intolerance

(Ethnic, linguistic and religious minorities)

    53. Acknowledges that a most disturbing phenomenon is the intellectual and ideological validation of Islamophobia. When it is expressed against migrants it takes the form of religious-ethnic or religious-racial tones, when it is expressed in the form of defamation of religions, it takes cover behind the freedom of expression and when it is expressed in the form of profiling, it hides behind the war against terrorism. Believes that association of terrorism and violence with Islam or any other religion, including through publication of offensive caricatures and making of hate documentaries, would purposely complicate our common endeavours to address severalcontemporary issues, including the fight against terrorism and the occupation of foreign territories and peoples; (para 45 section 1)
SECTION 5:
Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments hereto, including in light of developments since the adoption of the DDPA in 2001

Action at the national level

(Racial profiling, counter-terrorism)

    157. Urges States to prohibit by law the practice known as racial profiling and profiling based on any grounds of discrimination recognized under international human rights law and the DDPA, to adopt other necessary measures to eliminate this practice, to provide sanctions for those who violate the law, and to ensure effective redress for victims; (para 101 section 5 slightly modified)

    158. Calls on States to ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, national or ethnic origin, nor on the grounds of culture, religion, belief, names, appearance or language, and to ensure that non-citizens are not subjected to racial or ethnic profiling or stereotyping; (merger paras 84, 235, 34 section 1 and 52 section 3)

********

LIMITING FREEDOM OF EXPRESSION

 Paragraphs that have been discussed:

 SECTION 1:
Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

    5. [Notes that other obstacles hampering progress in the collective struggle against racism and racial discrimination include [first and foremost the absence of political will, the denial of the existence of contemporary racist tendencies,] weak [national] legislation and policies, lack of effective strategies, [lack of political will,] lack of implementation of international legal framework and commitments, impunity on different grounds [ – including [[negative] abuse of] freedom of expression, [counter-terrorism, and national security] [stereotypical association of religion with terrorism and violence by the media and national security forces]– as well as an increase in extreme right wing xenophobic political platforms. Hence the need [arises] to deal with this menace in all its forms and manifestations with all available tools at our disposal];]

    25. Condemns any advocacy of racial or religious hatred which constitutes incitement to discrimination, hostility or violence, and recognizes that only a competent, independent and impartial tribunal established by law may determine, case by case, in a fair and public hearing, whether the facts presented qualify as incitement to racial or religious hatred [prohibited by law];

    ALT: Condemns any advocacy of racial or religious hatred which constitutes incitement to discrimination, hostility or violence, and [should be prohibited by law;]

    26. [[Notes with concern] [Seriously concerned at the] instances of defamation of religions, which manifests itself in [projecting negative, insulting and derogatory images of religions and religious personalities,] generalized and stereotypical association of religions, in particular Islam, with violence and terrorism, thus impacting negatively on the rights of individuals belonging to these religions, including Muslim minorities, and exposing them to hatred and discrimination. Such situations are further aggravated by the imposition of restrictions on the profession of religions, including [the surveillance of places of worship and restrictions on their construction] [the construction of places of worship and their surveillance];]

    28. Reaffirms a holistic approach to human rights guaranteeing the indivisibility of all human rights, and stresses that [fundamental freedoms of expression and association should continue to contribute and promote the positive and desirable phenomenon of multiculturalism, respect for cultural diversity and tolerance among all religions, peoples and societies.] [the fight against racial and religious hatred should not serve as a pretext to legitimize impermissible limitations to freedom of expression] [as the right to freedom of expression constitutes one of the essential foundations of a democratic society as it ensures individual self-fulfillment and a pluralistic, tolerant society with access to multitudes of ideas and philosophies];

    ALT/NEW PARA: Reiterates that freedom of religion or belief, freedom of opinion and expression and non-discrimination are interdependent and stresses the need to strengthen the process of effectively adjudicating cases associated with incitement to national racial and religious hatred in accordance with the permissible limitations under article 20 of the ICCPR and analogous instruments;

    NEW PARA: Recognizes the importance of the positive role that can be played by the media in this context in particular through a responsible media that abstains from diffusing hate or defamatory information and that engages to fight against such practices;
SECTION 3: Promotion of the universal ratification and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and proper consideration of the recommendations of the CERD

    143. [Calls on CERD and the Human Rights Committee to elaborate model legislation on [the necessity of upholding respect for human rights and reputation, public morals, as well as] incitement to racial and religious hatred and freedom of expression;]
Paragraphs that have not been discussed:

 SECTION 1:
Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

B. Victims of racism, racial discrimination, xenophobia and related intolerance

(Ethnic, linguistic and religious minorities)

    53. Acknowledges that a most disturbing phenomenon is the intellectual and ideological validation of Islamophobia. When it is expressed against migrants it takes the form of religious-ethnic or religious-racial tones, when it is expressed in the form of defamation of religions, it takes cover behind the freedom of expression and when it is expressed in the form of profiling, it hides behind the war against terrorism. Believes that association of terrorism and violence with Islam or any other religion, including through publication of offensive caricatures and making of hate documentaries, would purposely complicate our common endeavours to address several contemporary issues, including the fight against terrorism and the occupation of foreign territories and peoples; (para 45 section 1)
SECTION 5:
Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments hereto, including in light of developments since the adoption of the DDPA in 2001

Action at the national level

(Freedom of religion, incitement to religious intolerance, hatred, or violence, defamation of religion, freedom of expression)

    159. Urges States to take effective measures to address contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and to take firm action against negative stereotyping of religions and defamation of religious personalities, holy books, scriptures and symbols; (para 100 section 5)

    160. Calls on States to develop, and where appropriate to incorporate, permissible limitations on the exercise of the right to freedom of expression into national legislation;

    The international legal framework
    (International legislation, soft law, code of conduct)

    218. Calls for a voluntary ethical code of conduct to be elaborated, in association with the International Federation for Journalists, to address racism in the media and other modern information and communication technologies, while taking into account fundamental issues such as the right to freedom of expression, and to eliminate the projection and perpetuation through the media and new technologies of negative images and stereotypes of African people and people of African descent; (para 96 d) section 5)

********

CREATING THE ISLAMIC VICTIM

 Paragraphs that have been discussed:

 SECTION 1:
Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

A. Sources, causes, forms, and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

(Freedom of religion, incitement to religious intolerance, hatred, or violence, defamation of religion, freedom of expression)

    24. Recognizes with deep concern the global rise in the number of incidents of intolerance and violence against members of religious minorities in various parts of the world [in particular] motivated by [different forms of religious intolerance] [Islamophobia, anti-Arabism, anti-Semitism and Christianophobia];

    ALT: Recognizes with deep concern the global rise in the number of incidents of intolerance and violence against members of religious minorities in various parts of the world;

    26. [[Notes with concern] [Seriously concerned at the] instances of defamation of religions, which manifests itself in [projecting negative, insulting and derogatory images of religions and religious personalities,] generalized and stereotypical association of religions, in particular Islam, with violence and terrorism, thus impacting negatively on the rights of individuals belonging to these religions, including Muslim minorities, and exposing them to hatred and discrimination. Such situations are further aggravated by the imposition of restrictions on the profession of religions, including [the surveillance of places of worship and restrictions on their construction] [the construction of places of worship and their surveillance];]
Paragraphs that have not been discussed:

 B. Victims of racism, racial discrimination, xenophobia and related intolerance

(Ethnic, linguistic and religious minorities)

    53. Acknowledges that a most disturbing phenomenon is the intellectual and ideological validation of Islamophobia. When it is expressed against migrants it takes the form of religious-ethnic or religious-racial tones, when it is expressed in the form of defamation of religions, it takes cover behind the freedom of expression and when it is expressed in the form of profiling, it hides behind the war against terrorism. Believes that association of terrorism and violence with Islam or any other religion, including through publication of offensive caricatures and making of hate documentaries, would purposely complicate our common endeavours to address several contemporary issues, including the fightagainst terrorism and the occupation of foreign territories and peoples; (para 45 section 1)
SECTION 5:
Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments hereto, including in light of developments since the adoption of the DDPA in 2001

Action at the national level

(Freedom of religion, incitement to religious intolerance, hatred, or violence, defamation of religion, freedom of expression)

    159. Urges States to take effective measures to address contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and to take firm action against negative stereotyping of religions and defamation of religious personalities, holy books, scriptures and symbols; (para 100 section 5)
The international legal framework

    216. Stipulates that national laws alone cannot deal with the issue of defamation or negative stereotyping of religions. A framework is needed to provide guidelines for States - aimed at countering defamation of religions; (merger paras 142, 146 section 5)

********

ANTISEMITISM AND THE HOLOCAUST

 Paragraphs that have been discussed:

 SECTION 1:
Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

A. Sources, causes, forms, and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

(Freedom of religion, incitement to religious intolerance, hatred, or violence, defamation of religion, freedom of expression)

    24. Recognizes with deep concern the global rise in the number of incidents of intolerance and violence against members of religious minorities in various parts of the world [in particular] motivated by [different forms of religious intolerance] [Islamophobia, anti-Arabism, anti-Semitism and Christianophobia];

    ALT: Recognizes with deep concern the global rise in the number of incidents of intolerance and violence against members of religious minorities in various parts of the world;
B. Sources, causes, forms, and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance
(Holocaust)

[proposal to change title]

    29. [Affirms that the Holocaust, which resulted in the murder of one third of the Jewish people, along with numerous members of other minorities, will forever be a warning to all people of the dangers of hatred, bigotry, racism and prejudice; recalls again that the Holocaust must never be forgotten;]

    ALT: Recalls that the Holocaust must never be forgotten;

    [NEW PARA: Recalls and urges States to implement United Nations General Assembly resolutions 60/7 and 61/255 which observed that remembrance of the Holocaust is critical to prevent further acts of genocide, condemned without reservation any denial of the Holocaust and urged all Member States to reject denial of the Holocaust as a historical event either in full or in part or in any activities to this end;] [proposal to move to section 5]
Paragraph that has not been discussed:

 E. Strategies to achieve full and effective equality, including international cooperation and enhancement of the United Nations and other international mechanisms in combating racism, racial discrimination, xenophobia and related intolerance

(OHCHR, UN system, international and regional organizations, international cooperation, technical assistance or cooperation)
    100. Welcomes the important initiatives to combat anti-Semitism, hate crimes, racism, xenophobia and discrimination as well as intolerance and discrimination against Muslims; (para 337 section 1)