P O R T U C A L2 o 0 7

NATIONS UNITED Assembly ofthe General Sznd Session

3'd Committee

Item 58. Eliminationof Racismand RacialDiscrimination

by Statement Introductory Mr. foio Queir6s FirstSecretary Union ofthe European on behalf

New York, November 7thzooT

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M r . C h a i r ma n , I have the honourto speakon behalfof the European Union.The candidateCountries Croatia* and the formerYugoslav Republic Macedoniao, Countries the Stabilisation of the of and Association Processand potentialcandidates Albania,Bosnia and Herzegovina, Montenegro Serbia, well as Ukraine, Republic Moldova, and as the of Armenia and Georgia alignthemselves thisdeclaration. with T h e EU h a s a s o n e o f i ts fu n d a mental founding inciples concept pr the that all m en and women are born free and equal in dignityand in rights.Racism, racialdiscrimination, x e n o p h o b ia n d re l a te dn to l e ra n ce a i under m ine pr inciple ar ea challenge th e EU this and that is fullydetermined tackle. to Therefore, EU has beenand continues be fully committed the fight against the to to these phenomena. Besides policies actions and takenby Member-states national at level, including the implementation National of ActionPlansas requested the DurbanDeclaration by and Programme Action,the Union has its own strategy, regional of at level, combatracism. to According its own competences the area, to in the EU had two majorpieces legislation of enteringinto forcein zoo4, namely the Directives Racial on Equality and on Employment Equality. Theseare applicable all MembersStatesand address in discrimination the on groundsof race,ethnicorigin,religion, disability, and sexual age orientation. orderto In monitorthe implementation the Directive Racial of on Equality, European the Commission has set uP a network of legal expertsto provide informationand advice on recent developments the implementation at level.The Employment EqualityDirectiveurges Member-Statestakeconcrete to measures endracial to discrimination workplace at Furthermore, Framework a Decision Racismand Xenophobia, the Councilof the on of European Union,has beenenacted April.This distinctive last legaltool criminalizes of acts racismand xenophobia throughout MemberStates the European of Union,preventing the impunity crimesmotivated racist xenophobic of by or attitudes. Finally, zooT marks rorh the anniversary the European of Yearagainst Racism, whichenabled considerable progress be to madein the elimination racialdiscrimination. EU now celebrates yeir for of The the Equal Opportunities A//, which will contributeto raise awareness the implementation for on of European legislation non-discrimination. on Several initiatives beingundertaken, an are as o n - l i n e o n su l ta ti o n mo te d yth e Eur opean c p ro b Com m ission helpplanning to new m ea s ur es to tacklediscrimination. paragraph of the DurbanDeclaration As points out, genuine 75 equality opportunity all is fundamental of for forthe eradication racism. that context, of In one
Croatia and the former YugoslavRepublicof Macedoniacontinueto be part of the stabilisation and AssociationProcess .

of the priorities the EUsocial of agenda zoo5-zoro the promotion equal for is of opportunities for all asa means eradicating of discrimination reaching moreinclusive and a society. M r .C h a i r m a n , Theseare only someof the initiatives takenby the EU in the context the fight against of racism. They demonstrate the Unionconsiders combat that this with utmostseriousness and as oneof its majorpriorities. Racism a continuing is scourge affects that societies overthe all world,including Europe. is the obligation all States eliminate in lt of to racial discrimination and every form of discrimination. EU will continue pursueits efforts the national, The to at regional international to fight racism, and level racial discrimination, xenophobia related and intolerance. We believe that it is extremely counter-productivepolarise to and politicize question the of racism, useit to selectively to targetparticular regions the worldor to try to establish of an hierarchy between victims. differently, considerthatthe we plightofall victimsmustbe Quite equally addressed that all States and mustshowthe political to recognize existence will the of the scourge racism to strive its elimination. of and for At the international level,the Convention the Elimination all forms of Racial on of Discrimination the corelegal is instrument whichfull implementation fundamental the is for success the global of fight against racism. urgeall States ratifrthis Convention We to and implement provisions a matter priority, to adopteffective its as of and measures a national at level combat symptoms causes racism to the and of anddiscrimination. Convention a This is living document.Through its work, the Committeeon the Eliminationof Racial Discrimination demonstrated pertinence usefulness the Convention address has the and of to newand contemporary formsof discrimination, xenophobia intolerance. EUwishes and The to express appreciation support the workof the Committee. its and for Also,we aregrateful for the veryrelevant contribution combating to racism, racial discrimination, xenophobia and related intolerance the Officeof the High Commissioner Human Rights, of for including throughits Anti-Discrimination and of the Special Unit, Rapporteur Contemporary on Forms o f R a c i s m , a ci a l i scri mi n a ti o n , n ophobia Related R D Xe and Intoler ance. M r .C h a i r m a n , Another cornerstone the global of fightagainst racial discrimination the Durban is Declaration and Programme Action. of The European Unionand its MemberStates wereamongthose who actively partlcipated the negotiations the Durban in at WorldConference, 2oor,and in agreed the finaldocument. havesince on We focused efforts the full implementation our on of the agreed principles operational and recommendationsthe Durban of DPA. Lastyear, this Ceneral Assembly took the veryimportant decision convene zoog a to for Review Conference the implementation the DurbanDPAwithinthe framework the on of of GA.Thiswas an initialproposal the C77 and,afterlengthy of and difficultnegotiations, the

EU was ableto vote in favourof the draft resolution that included this decision. we As announced then,our understanding Ofu3 of that draftresolution, of takinginto account the negotiation process, that the review was wouldbe conducted a high-level at meeting the in framework the CA,that it wouldfocuson the implementation the Durban of of DPA, without anyreopening thatdocument, that its preparation the HumanRights of and by Councilwould not entail creation new mechanisms. the basis this understanding, arefully the of On of we committed the realization success this Conference we welcome opportunity to and of and the th a ti t w i l lg i veu sto sh a re h a tth e E ur opean w hasdoneto im plement Dur ban Union the DPA andto learn fromthe experiencesour partners of fromotherregions. We aregrateful the flexibility for then shownbythe C77that allowed formation a broad the of consensus aroundthis resolution. The EU has repeatedly affirmedthat the international follow-up the DurbanDPA must be done througha framework of that ensures broad a consensus includes regions the world.This is because believe the major and all of we that added value the Durban of DPAis its universality. States Most and regions have strategies to combat racism. whatwe agreed Durban But in goes further than thesenational regional and strategies and constitutes our global agendato strive for the elimination racial of discrimination overthe world.For its implementation follow-up be successful all and to the broad consensus achieved Durban to be maintained. in has This is why we wereverydisappointed when,lastyear, evenbeforeour compromise the at Third Committee was confirmedby the GA Plenary, draft resolutions two werepresented at the HumanRights Council that contradicted letter the spiritof the NewYork the and decision. The European Unionwasforcedto voteagainst boththesedraftsin Ceneva the broad and consensus achieved the Ceneral at Assembly broken. was Nevertheless, the EuropeanUnion participated actively and constructively the in Organizational Session the Review of Conference's Preparatory Committee Augustin last Geneva. aregrateful the spiritof compromise all delegations shown the We for that have and serious negotiations all proposals followed, on that leadby the President the Preparatory of Committee and facilitators. Once again,the openness, hard work and strongwill of all delegations achieve to consensus allowed Preparatory the Committee adoptr5 decisions to without vote,including the objectives the Review a on of Conference. However, history seems havea tendency repeat to to itselfin this process: Less than one monthafter this compromise, threedrafts werepresented the Sixth at Session the Human of RightsCouncilthat were not in line with the compromises reached the Preparatory at Committee regarding objectives the Review the of Conference. Once again, European the Unionwasforced voteagainst to theseproposals, because remaincommitted these we to c o m p r o m i se s. Theobvious question askafterthesetwo disappointing to experiences whether is worth is it for all delegations makesuch hardefforts reach to to compromises theycan be so easily if

broken. alsoraises lt somedoubtson whether someof the main players this process in are really interested keeping follow-up the Durban in the process a framework ensures of in that a broadconsensus includes regions the world.Fromits part,Mr. Chairman, EU and all of the continues be fullycommitted the implementation the Durban to to of DPAandto the global combatagainst racism. we said,we believe the fightagainst scourge racismis As that the of too important be usedas a political to tool.We consider that this combatmust be done on the basisof the broadestpossible consensus. With that ultimategoal in mind, we will continue be actively to engaged the search suchconsensus. hopenegotiations in of We will takeplacein a spiritof openness compromise. haveall indeed and We demonstrated the in past, this process, it is possible produces in that and effective results. M r .C h a i r ma n , Theunderlying question the debates the objectives the Review in over of Conference been has whether should, agreed the Ceneral it as by Assembly, focuson the implementation the of DurbanDPAor whetherit shouldfocuson issues outsideof the framework the Durban of DPA.By focusing reviewing implementation the Durban on the of DPA, sharing good the of practices the identification the majorchallenges and of faced, the Review Conference can makea strongcontribution a moreco-ordinated effective to and implementation the DpA of andserve reaffirm unityof the International to the Community behind this commonstrategy. This shouldcertainly our collective be goal.However, focusing issues by on outsideof the framework the DurbanDPA,the Review of Conference would dilutethe focus on progress madesincezoot and addressing challenges the ahead. do so wouldbe detrimental the To to effective implementation the agreements of reached Durbanand could undermine in the broad consensus exists that around DPA. the Theresult wouldin factbethe weakening the of global and common fightagainst racism. urgeall States ensure we remain We to that focused on our taskas setdownbythe GA. M r .C h a i r m a n , Anothercontroversial issuein this process the last yearsis the eventual in elaboration of complementary standards the ICERD. European to The Unionis aware that suchelaboration is a partof the agreement reached Durban. aretherefore in We opento further consider such elaboration. Nonetheless, believe somecriteria we that must be met:Theexisting normative structuremust be fully implemented and further explored order to address in current challenges; standards new should onlybeelaborated thereis a proved if need andif thereis a broadconsensus, sincetheyaim to be universal; eventual and newstandards must expand, andnot bedetrimental the promotion protection humanrights. to, and of According theseprinciples, EU is concerned seethe process eventual to the to of elaboration of complementary standards goingin a direction that can reduce level promotion the of and protection humanrightsby shifting of from the protection the rights individuals the of of to protection ideas concepts. seems be exactly opposite whatbodies the of or This to the of like

Human Rights Council, accordance in with its mandate, shoulddo, namely protect to the h u m a n i g h ts f a l l p e rso n s,sp e ci ally r o e victim s vulner able and individuals. Thereis a stronguniversal consensus the abhorrence the phenomena racism, on of of racial discrimination, xenophobia related and intolerance the urgent and need eliminate to them.To dilutethis concept with other issues and to weaken strength its and consensual basisby mixingit with controversial questions not related the heartof the fight againstracism to would,we fear,distractthe international community our commonendeavour eliminate of to racism from our societies. Let us be clear: formsof discrimination unacceptable. All are Discrimination the basis on of religionor belief, discrimination the basisof sexual on orientation, all other forms of as d i s c r i m i n ati o ni,n cl u d i n g mu l ti p l e discr im ination, ust be fought with abs ol ute m determination all States. risein particularforms discrimination, as identified by The of also by the Special Rapporteur on Contemporary Forms of Racism,Racial Discrimination, Xenophobia and Related Intolerance, extremely is worrying and must be addressed the by International Community. However, the contextof the DurbanDPA,the International in Community founda universal broadly has and consensual strategy combatracism, to racial d i s c r i m i n ati oxe n o p h o baa dre l a ted n, in intoler ance, which should beunder mined. not The victimsof racism worldwide expect to concentrate theirsuffering to find ways us on and to protect and promote their rights and find remedies for past violations.The full implementation ICERD of and of the DurbanDPA on a consensual basisoffer us a great opportunity answer theirplea. to to They cannotafford luxury us missing the of it. y T h a n k o u ,Mr. C h a i rma n .