HRC53: Urgent Action Needed to Combat Racism and Discrimination

The 53rd Session of the Human Rights Council

19th June – 14th July 2023

Agenda Item 9 – Debate on racial discrimination (GA res. 77/205)

10th July 2023

By Jamel Nampijja / GICJ

 

Executive Summary 

During the 30th Meeting of the 53rd Regular Session of the Human Rights Council on 10th July 2023, the Council held an interactive dialogue with the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance as a follow-up to the implementation of the Durban Declaration and Programme of Action.

The Special Rapporteur presented two reports to the Council. The first report, A/HRC/53/60, outlined her strategic vision and initial priorities, building upon the work of previous mandate holders. It emphasised the broad range of issues the mandate covers since its establishment in 1993, including visits to numerous countries and advocacy activities.

The second report, A/HRC/53/62, focused on the glorification of Naziism and related ideologies, emphasising the need for measures to address far-right political parties and organisations promoting hatred.

During the Interactive Dialogue, several delegates, representatives from international organisations and NGOs raised various concerns regarding racism, discrimination, and intolerance. One notable concern was the burning of the Quran and other deliberate acts of religious hatred, particularly Islamophobia, which were strongly condemned by representatives from the Organisation of Islamic Cooperation (OIC) and other nations.

Another critical concern highlighted by UN Women was the role of artificial intelligence (AI) in perpetuating discrimination, especially concerning hate speech and violence against women. Representatives called for a deeper analysis of the connection between digital technologies, racism, and gender equality.

Also, representatives from Latin American countries, the United Nations Children's Fund (UNICEF), and the United Nations Population Fund (UNFPA) stressed the importance of addressing racial disparities in access to healthcare, education, and social services, particularly affecting vulnerable groups like children and Afro-descendant women and girls.

Several delegates inquired about the Special Rapporteur's plans to collaborate with the technology industry during her mandate to ensure that tech companies respect human rights and effectively prevent racism online. Additionally, questions were raised regarding the measures States should actively adopt to combat online better hate speech while upholding freedom of expression.

Moreover, some delegates inquired about the Special Rapporteur's views on preventing and addressing the recent rising tensions and acts of Islamophobia. The delegates sought insights into how the Special Rapporteur intends to encourage relevant UN holders to break their silence on these rising acts of burning the Quran in western countries.

Geneva International Centre for Justice (GICJ) condemns racism in all its insidious forms. To combat racism in its multifaceted forms, GICJ urges the international community to reinforce their commitments to the relevant conventions, such as the International Convention on the Elimination of Racial Discrimination and the Durban Declaration and Programme of Action.

These crucial frameworks serve as robust roadmaps for addressing racism and fostering equality on a global scale. It is the solemn duty of every nation to not only ratify these conventions but also wholeheartedly implement their recommendations. Only through unified action can we dismantle the barriers perpetuating discrimination and work towards a world where everyone is treated with dignity, respect, and fairness.

 

Background

Article 1(1) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines racial discrimination in broad terms as: "any distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."

Millions of human beings continue to be the victims of varied forms of racism, racial discrimination, antisemitism, xenophobia, and related intolerance. These scourges not only persist, but they are also continually assuming new forms. Therefore, the UN Human Rights Council created the mandate of the Special Rapporteur on contemporary forms of racism to intensify international efforts to combat these violations of fundamental human rights.

The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance is an independent human rights expert appointed by the UN Human Rights Council. The mandate of the Special Rapporteur is one of 56 special procedures of the Council and was created in 1993 by the UN Commission on Human Rights, the predecessor to the Council. The mandate of the Special Rapporteur was most recently renewed for another period of three years by Human Rights Council resolution 52/36, adopted on 4th April 2023.

The role of the Special Rapporteur is to transmit urgent appeals and communications to States regarding alleged violations of international human rights law, undertake fact-finding country visits, and submit reports to the UN Human Rights Council and the General Assembly.

The scope of the mandate covers all contemporary forms of racism, racial discrimination, xenophobia, and related intolerance on the grounds of race, colour, descent or national and ethnic origin; where multiple forms of discrimination intersect, the mandate also addresses other grounds of discrimination such as gender or religion. 

The Special Rapporteur is mandated to address racism, racial discrimination, xenophobia, and related intolerance against Africans and persons of African descent, Arabs and Muslims, Asians and persons of Asian descent, migrants and non-nationals, persons belonging to indigenous peoples and minorities, as well as all other victims mentioned in the Durban Declaration and Programme of Action.

Moreover, the Special Rapporteur conveys urgent appeals and communications to States on alleged violations regarding contemporary forms of racism, discrimination based on race, xenophobia, and related intolerance to the State concerned, to induce the national authority to undertake the necessary investigations of all the incidents or individual cases reported. The SR undertakes fact-finding country visits and submits annual reports on the activities the mandate foresaw to the Human Rights Council and the General Assembly. 

In October 2022, Dr Ashwini K.P. from India was appointed the 6th Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance by the Council. She took up her functions on 1 November 2022.

 

Statement by the Special Rapporteur

In her address to the Human Rights Council, the Special Rapporteur emphasised that more needs to be done to translate this commitment into tangible improvements in the lives of those affected. She expressed deep gratitude for the cooperation and positive engagement of various stakeholders, including UN member states, civil society organisations, and UN entities.

She emphasised her commitment to a participatory and consultative approach, valuing the expertise and experiences of all involved parties. Dr Ashwini stated that she prioritised country visits to understand the situation first-hand. She appreciated the acceptance of visit requests by some countries and looked forward to engaging with others for future visits.

The Special Rapporteur stressed the significance of international legal provisions, particularly the International Convention on the Elimination of All Forms of Racial Discrimination and the Durban Declaration and Programme of Action. She called on member states to enhance efforts in implementing these provisions to combat racism and racial discrimination effectively.

Understanding the intersectionality of discrimination, the Special Rapporteur emphasised the importance of an inclusive approach that considers multiple and intersecting grounds of discrimination, including race, nationality, migration status, religion, and gender.

On the 75th anniversary of the Universal Declaration of Human Rights, the Special Rapporteur called on member states and stakeholders to use this milestone to combat all forms of racism and intolerance. Article Two of the Declaration, emphasising equality and non-discrimination, holds particular significance in this endeavour.


The Special Rapporteur stressed the centrality of the Durban Declaration and Programme of Action to the United Nations anti-racism efforts. This comprehensive vision and action plan offer a roadmap for eradicating racial discrimination and promoting racial equality.

 

Special Rapporteur’s Reports

Thematic Report: Strategic Vision and Initial Priorities

The Special Rapporteur addressed various issues through thematic reports, country visits, communications, and advocacy efforts. Thematic reports covered topics such as climate justice, racial justice, digital technologies and discrimination, reparations for racial discrimination, and the impact of nationalist populism on human rights.

In her first report, A/HRC/53/60, the Special Rapporteur outlined her strategic vision and initial priorities, recognising the growing commitment of the international community to combat racism and discrimination. However, she stressed the need for tangible improvements in the lives of those affected by these issues.

Dr Ashwini expressed her determination to use her mandate to bring about significant changes at both international and national levels. She focused on advocating for racially marginalised groups to protect their rights and dignity.


The Special Rapporteur committed to employing a participatory and consultative approach, seeking the expertise and experience of various stakeholders in addressing racism and discrimination effectively.

The report highlighted the extensive work carried out by the mandate since 1993, including visits to 44 countries, including Qatar, the Netherlands, Morocco, Fiji, Australia, Greece, and the United States. These visits allowed the Special Rapporteur to assess the situation on the ground and make recommendations for addressing racism and discrimination.

Approximately 500 communications have been sent to Member States regarding alleged human rights violations related to racism and discrimination. These communications covered various issues, including anti-discrimination provisions, racial profiling, hate speech, and the impact of COVID-19. 

The Special Rapporteur participated in various international events and conferences, including the inaugural meeting of the Permanent Forum on People of African Descent, where she presented on the racialised aspects of the climate crisis. She also attended the eleventh Forum on Business and Human Rights and engaged with the Committee on the Elimination of Racial Discrimination.

The report emphasised the importance of Article Two of the Universal Declaration of Human Rights, which states that everyone is entitled to all rights and freedoms without distinction of any kind, such as race or colour. She called upon Member States to uphold equality and non-discrimination as core principles in their efforts to promote and protect human rights.

The report underscored the significance of the Durban Declaration and Programme of Action, which provides a comprehensive vision and action plan for eradicating racial discrimination and achieving racial equality. The Special Rapporteur pledged to align her work with the principles and goals outlined in this document. 

The report recognised the enduring impact of colonialism and slavery on various groups, including people of African descent, indigenous peoples, individuals affected by descent-based discrimination (such as caste discrimination), and those subjected to anti-Asian racism. Acknowledging the inseparable link between colonialism, slavery, and present-day racism, the Special Rapporteur aims to incorporate historical analysis across all aspects of her work.

The report identified the nexus between digital technologies and contemporary forms of racism, racial discrimination, xenophobia, and related intolerance as a priority area of her mandate. Concerns arise from the increasing impact of digital technologies on the experiences of individuals facing such issues and the risks posed to racial equality due to insufficient attention to equality and non-discrimination concerns in technology development.

Within the theme of digital technologies and racism, the report prioritised the exploration of online hate speech. For the upcoming seventy-eighth session of the General Assembly, Dr Ashwini intends to focus her report on this topic. The rising proliferation of online hate speech based on race, ethnicity, descent, religion, nationality, or migration status is a cause for deep concern. The Special Rapporteur aims to examine the various forms and manifestations of online hate speech, including its impact on individuals facing discrimination on multiple and intersecting grounds.
The report will also explore the relationship between online hate speech and offline hate speech, hate crimes, and related human rights violations.

The reports contained targeted recommendations for Member States and other stakeholders, urging them to increase efforts in implementing international legal provisions that protect against racism and discrimination. Specifically, the Special Rapporteur emphasised the importance of the International Convention on the Elimination of All Forms of Racial Discrimination and the Durban Declaration and Programme of Action.

 

Second Report: Combating the Glorification of Narcissism, Neo-Nazism, and Related Ideologies

The second report, A/HRC/53/63, focused on combating the glorification of narcissism, neo-Nazism, and related ideologies. The report summarised the submissions of States regarding the actions they have taken to combat the glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance and outlines relevant information submitted by non-governmental organisations.

The Special Rapporteur expressed concern over the continued prominence of racist, nationalist, and far-right political parties and organisations across various countries. The report provided information about the relevant international legal framework and recommendations for Member States to tackle this scourge.
The report highlighted critical provisions within international human rights law, including Articles 2(1) and 4 of the International Convention on the Elimination of All Forms of Racial Discrimination and other treaties prohibiting incitement to racial hatred.

The report called on Member States to take substantial measures to address the prominence of different manifestations of hatred. These measures included improving national legal frameworks, adopting national action plans, and strengthening public awareness campaigns to combat racist stereotypes and promote diversity.

To better understand and combat racism and discrimination, the report stressed the importance of collecting disaggregated data that accounts for the intersectionality of various forms of discrimination.

The report urged Member States to effectively implement relevant international legal provisions, particularly the International Convention on the Elimination of Racial Discrimination and the Durban Declaration and Programme of Action.

The report also provided targeted recommendations to other stakeholders, encouraging them to facilitate collaboration between different entities, support survivors and victims of hate speech and crimes, and promote public awareness of multiculturalism and tolerance.

The Special Rapporteur called for constructive dialogue and concerted efforts to combat all forms of racism, racial discrimination, xenophobia, and related intolerance. The reports served as a comprehensive call to action to ensure equality and non-discrimination for all individuals, regardless of race or ethnicity.

 

Interactive Dialogue

Several delegates, International Organisations, and NGOs from all over the world participated in the interactive dialogue; several concerns were raised, such as the rise of emerging digital technologies such as Artificial Intelligence, online hate speech, burning of the Qurans and Islamophobia, among others. The representatives emphasised the importance of global cooperation and adherence to human rights principles to create inclusive and just societies.

The Representative of Norway, speaking on behalf of a group of Nordic countries, expressed their support for the first report of the Special Rapporteur on contemporary forms of racism. She highlighted two essential aspects of the report: the recognition that individuals often face multiple and intersecting forms of discrimination based on gender, race, and ethnicity and the importance of addressing the relationship between gender discrimination and racism in implementing the Durban Declaration.
She called for an inclusive approach that involves all relevant stakeholders to tackle these challenges effectively. He further emphasised the commitment of the Nordic-Baltic countries to supporting the mandate holder's efforts and their dedication to creating a world where everyone is treated with dignity, respect, and equality, free from discrimination. The representative further sought clarity on the Special Rapporteur's plans to ensure an inclusive approach to the process in the future.

The representative of the European Union highlighted the significance of the Universal Declaration of Human Rights and underscored the importance of fully implementing the Convention. Additionally, he reiterated the EU's dedication to the commitments made during the 2001 Durban World Conference, demonstrating its ongoing efforts to tackle racial discrimination effectively.

He emphasised the need for policies focusing on proactive measures, including investing in education and awareness-raising initiatives as pivotal to changing mindsets and attitudes. He called for fostering a deeper understanding of the importance of diversity and respect to create a more inclusive society.

Moreover, he stated that social inclusion and support for victims of discrimination were also integral to the EU's approach, which aimed to promote healing and empowerment by providing resources and assistance to those affected by racism. Furthermore, it was committed to enhancing the training of law enforcement officials, ensuring they were equipped to handle cases of discrimination with sensitivity and impartiality.

Data collection was another essential aspect emphasised by the EU representative. By gathering accurate and comprehensive data on racism and discrimination, policymakers could make informed decisions and develop targeted interventions. Additionally, the representative sought the valuable insights of the Special Rapporteur regarding the crucial role of prevention and education in the ongoing battle against racism.

The representative of Brazil speaking on behalf of a group of Latin American countries, including Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Panama, Peru, and Uruguay, emphasised the importance of effective coordination among the various mechanisms and initiatives dedicated to racial justice within the United Nations.

The representative reiterated their commitment to combating racism and promoting racial equality, mainly focusing on ensuring access to comprehensive healthcare and justice for people of African descent. He stressed that over the past decade, there has been a concerning lack of attention to the human rights of African-descendant people, which has hindered the necessary changes. Moreover, during the pandemic, there was an exacerbation of violence and social injustice disproportionately affecting these communities. 

He proposed a renewal of a decade-long effort dedicated to people of African descent as a solution with an initiative aiming to develop specific and targeted actions to address the needs and challenges faced by millions of individuals who identify as such. The representative urged collective action and support from the international community to address the persisting discrimination and injustice these communities face.

The representative of Pakistan, speaking on behalf of the Organisation of Islamic Cooperation (OIC), addressed the issue of religious discrimination and Islamophobia.

He expressed deep concern about ongoing acts of religious hatred, particularly those directed at Islam. Moreover, he strongly condemned the growing incidents of Islamophobia, explicitly mentioning the desecration of the Holy Quran. He stated that the OIC welcomes the urgent debate convened by the Council on this matter and appreciates the focus on addressing Islamophobia and other forms of religious hatred.

The representative emphasised that allowing deliberate desecration of the Holy Quran cannot be justified as freedom of expression or opinion. Instead, such acts are viewed as clear manifestations of religious hatred and a contemporary form of racism. They call on states to fulfil their obligations under international law and hold perpetrators accountable for such actions.

Furthermore, he expressed disappointment at the perceived silence of the International Human Rights Machinery regarding these acts, which they believe undermines the principles of mutual respect and tolerance shared universally. He urged these bodies to speak out against provocative actions, align with their mandates and codes of conduct, and address normative gaps to tackle emerging manifestations of racism.

The representative of the Bolivarian Republic of Venezuela spoke on behalf of a group of countries. The group identified themselves as "friends in defence of the Charter of the United Nations." They emphasised that systemic racism, racial discrimination, xenophobia, and related forms of intolerance are outdated and no longer acceptable in today's world.

Furthermore, the representative urged all states to take decisive action against hatred and segregation, calling for criminalising such behaviours. They denounced ideologies promoting human superiority, including fascism, Nazism, Neo-Nazis, and similar belief systems. The speaker argued that humanity has already overcome these harmful ideologies since the establishment of the United Nations, and there should be no going back to such divisive and oppressive paths.

The representative emphasises the importance of global cooperation and adherence to human rights principles as outlined in the United Nations Charter and the Durban Declaration. 

The representative of UN Women stressed that women from ethnically and racially marginalised groups often face severe exclusion and marginalisation. Therefore, UN Women acknowledged the Special Rapporteur's intention to mainstream the intersections between gender, racism, racial discrimination, xenophobia, and other forms of intolerance in all aspects of her work.

The representative encouraged the Special Rapporteur to report to the Human Rights Council and the General Assembly on the intersections between racial and gender discrimination throughout her tenure.

Additionally, UN Women drew attention to the harmful role that artificial intelligence (AI) can play in perpetuating discrimination. They stated that the Special Rapporteur should prioritise analysing the relationship between digital technologies and racism concerning gender equality, especially concerning hate speech and violence against women.

The representative asked about the role the special rapporteur envisions for her mandate in ensuring the implementation of the firm commitments made by Member States during CSW 67 (Commission on the Status of Women) on technology, human rights, and technology-facilitated gender-based violence.

The representative of Israel acknowledged the initial priorities highlighted in the report, mainly the focus on examining the intersectionality between racism and gender, as well as the relationship between digital technologies and racism.

She welcomed the Special Rapporteur's plan to publish a report on online hate speech to the General Assembly. She called on the Special Rapporteur to pay special attention to various forms of antisemitic expressions online and their real-world impact.

The representative noted that online expressions of antisemitism had increased significantly during the COVID-19 pandemic, spreading harmful stereotypes and misinformation. These expressions came from individuals and groups associated with both right-wing and left-wing political ideologies. They were often publicly available, including disseminating notorious works like "Mein Kampf" or the "Protocols of the Elders of Zion." Such materials were sometimes endorsed by states or shared by public figures, including UN mandate holders.

She pointed out that the issue of online antisemitism had received limited attention from UN mandates so far, and they encouraged the Special Rapporteur to include it in her upcoming reports. Additionally, she emphasised that racial discrimination persists in societies worldwide and called on everyone to continue combating it. They expressed their willingness to collaborate with the Special Rapporteur in this regard. 

The United Nations Children's Fund (UNICEF) representative acknowledged that even after 22 years since adopting the Durban Declaration and Programme of Action (DDPA), children worldwide continue to experience racism and racial discrimination. The representative highlighted the persistence of ethnic and racial disparities across various sectors, including education, birth registration, nutrition, immunisation, child mortality, sanitation, and the criminal justice system. They expressed deep concern about the long-lasting effects of racism on children's lives.

Moreover, the representative emphasised that racism affects children's mental and physical health and exacerbates intergenerational deprivation and poverty. Discrimination and exclusion lead to poorer nutrition and learning outcomes, increase the likelihood of incarceration, and contribute to higher pregnancy rates among adolescent girls. In this context, UNICEF recognised the crucial role children play in standing up against racism and urged states to facilitate their active participation in the fight against racial discrimination.

She called on States to consult children on matters that directly affect them, ensure child-sensitive access to justice, enable children to exercise their right to peaceful assembly, and protect them when exercising these rights. UNICEF strongly appealed for immediate action against racism, racial discrimination, xenophobia, and related intolerance, striving to create an environment where every child can thrive without discrimination. They also expressed their readiness to support these efforts. 

The representative of Indonesia expressed deep concern over the ongoing rise of racism, xenophobia, and related intolerance, particularly highlighting Islamophobia, which has been prevalent worldwide. She condemned and strongly rejected the repeated public desecrations of the Holy Quran in some European and other countries, as these acts deeply hurt millions of Muslims. The representative deemed such acts as apparent forms of Islamophobia and relevant to the Special Rapporteur's mandate. 

She expressed disappointment that special procedures mandate holders have remained silent on this issue, and many states have hidden behind the right of freedom of opinion and expression to justify such behaviour. Moreover, she stressed that freedom of expression loses its meaning when it is abused to disrespect specific communities and promote intolerance, discrimination, hostility, and violence. Indonesia highlighted the importance of political will and legal actions to prevent and combat religious intolerance. Furthermore, she also emphasised the need for empathy and mutual understanding from governments and lawmakers to promote societal tolerance and peace.

The representative asked the Special Rapporteur about her views on preventing and addressing the escalating tensions and acts of Islamophobia. They also sought her suggestions on encouraging other relevant UN holders to break their silence on this matter.

The representative of Oman highlighted the inconsistency and contradiction of issuing declarations and making commitments to promote human rights while many countries simultaneously deny or undermine those very rights. The representative stressed that it is absurd to claim commitment to fighting terrorism, racism, Islamophobia and hate while tolerating or endorsing its ideas under the guise of freedom of expression, as freedom of expression should never infringe upon the rights and freedoms of others or endanger their lives.

Burning any symbol is seen as an act of violence, signalling aggression and a desire to harm others, mainly when it is done in front of a mosque during a religious celebration like Eid al-Fitr. The representative opposed such violent acts and considered them direct violence towards Muslims. The representative emphasised that this kind of violence should not be treated lightly or ignored when it threatens the freedoms and rights of individuals.

She further called on all countries to combat racism and Islamophobia and urged them to shoulder their historical responsibility in rejecting hatred and discrimination.

The representative of China acknowledged the role of legacies from colonialism and slavery in contemporary forms of racism. The representative lamented that police-related racial violence still occurs frequently in some countries, and discrimination against ethnic minorities persists without abatement. The representative called on the relevant countries to engage in deep introspection and address their own severe issues of racism, racial discrimination, and police violence.

He urged these countries to refrain from interfering in the internal affairs of other nations under the pretext of human rights and instead focus on seeking truth and delivering justice to the victims to prevent similar tragedies from recurring.

Furthermore, the representative inquired about how the Special Rapporteur intends to garner more support from countries, particularly Council members, for her work program and other relevant initiatives.

The representative of the Russian Federation expressed firm rejection of the report's contents, especially what they deemed as false fabrications and unsavoury allegations. She specifically questioned the claims of the alleged ban on the Ukrainian language and the destruction of libraries in Crimea. The Russian Federation recommended that the Special Rapporteur re-evaluate the information she obtained and rely on their officially documented data. 

The representative discussed the Ukraine situation, attributing the crisis to the 2014 armed coup and the rise of nationalists in power, who promoted a Nazi collaborationist policy from WWII. They also highlighted the cultivation of nationalist ideology, leading to discrimination against Russian language speakers and ethnic minorities. The representative called for an objective assessment by the Special Rapporteur and expressed concern about the lack of previous assessments allowing radical nationalists to engage in destructive actions during the Donbas civil war. 

The representative of Ukraine stated that the problems associated with discrimination, xenophobia, intolerance, and violence were particularly relevant for Ukraine due to Russia's aggression against their nation. She claimed that Russia's aggression to deny Ukrainian statehood and national identity resulted in massive human rights violations, especially based on national, ethnic, religious, and other grounds.

Moreover, the aggression of the Russian Federation put the lives of hundreds of thousands of people, including people of African descent and indigenous communities, at high risk in the temporarily occupied territories of Ukraine. The Russian forces were accused of committing hate crimes against individuals or groups based on nationality, ethnicity, religion, or language. They also conducted systematic searches, screenings, and profiling of the local population to identify and target pro-Ukrainian individuals.

She criticised Russia's attempts to misuse and abuse the Council by promoting false narratives about Ukraine to justify their actions, which the representative deemed disgraceful and without merit. Furthermore, she urged the Special Rapporteur to pay constant attention to the contemporary forms of racial discrimination evident in Russia's war crimes and crimes against humanity committed in Ukraine.

The United Nations Population Fund (UNFPA) representative highlighted the double burden faced by African American women and girls who suffer from sexism and racism. These women and girls encounter barriers in accessing healthcare services, experience adverse sexual and reproductive health outcomes, and are subjected to higher rates of violence.

The representative referred to a fact sheet published in 2023, focusing on the maternal health of Afro-descendant women and girls in the Americas. The fact sheet revealed significant challenges faced by this group before, during, and after pregnancy, leading to alarmingly high maternal mortality rates. It emphasised the need to improve data disaggregation analysis and adopt equitable and people-centred primary health-care policies, plans, and programs in collaboration with civil societies and black women community leaders.

She stressed the importance of the Permanent Forum on People of African Descent as a critical platform for improving the lives of Afro-descendant women and girls and contributing to more just and inclusive societies. It acknowledged that people of African descent, including women, girls, and youth, are agents of change and must be empowered to hold governments accountable for ending gender-based violence, reducing maternal mortality, and fulfilling unmet contraceptive needs.

Additionally, she urged states to invest in education, health, and employment opportunities to uplift areas where people of African descent are still left behind. They also stressed the need to support organisations working towards building inclusive and just societies.

The representative of the State of Palestine reaffirmed the significance of addressing apartheid, racial discrimination, colonialism, neo-colonialism, and foreign occupation to ensure regional and international peace and security.

She commended the Special Rapporteur's recommendations on ways states can cooperate to fulfil her mandate. In this context, she retracted that the Durban Declaration and Program of Action recognises the Palestinian people's right to self-determination. However, despite this recognition, the international community has yet to end the suffering the Palestinian people endured for over 75 years.

The representative stated that several NGOs defending human rights and several Special Rapporteurs have acknowledged that the occupying power commits the crime of apartheid and persecution against the Palestinian people. The representative asserted that the only remedy to end this tragedy is to end the Israeli illegal occupation. She called upon States to fulfil their obligation to end military cooperation and impose economic sanctions on the Israeli apartheid system. They also emphasised the importance of ensuring accountability by prosecuting Israeli perpetrators by applying universal jurisdiction.

The representative then referenced the Special Rapporteur's statement in the report, focusing on the International Holocaust Remembrance Alliance's General Recommendation No. 35; according to this recommendation, public denials or attempts to justify crimes against humanity are considered hate speech and incitement, whereas stating historical facts and defending human rights cannot be deemed hate speech.

Special Rapporteur’s Concluding Remarks
For her concluding remarks, Dr Ashwini highlighted the significance of civil society groups and called for support from UN Member States in building their capacity. She acknowledged civil society groups' challenges due to the shrinking space for their activities in various countries.

Addressing the issue of contemporary racism, Dr Ashwini stressed the importance of analysing its historical roots. They affirmed that this analysis would be a central aspect of their approach during their tenure, indicating a strong commitment to understanding and tackling the underlying causes of racial discrimination.

The Special Rapporteur encouraged UN Member States to ratify the International Convention on the Elimination of Racial Discrimination (ICERD) and to remove any reservations they might have. Additionally, they called for active engagement with the review process and the implementation of recommendations made by the Committee. 

Recognising the importance of cooperation, the Special Rapporteur expressed support for coordination with other mechanisms working on racial justice issues at the international and regional levels. She believed that collaboration among these mechanisms would maximise the impact on the lived experiences of individuals facing racism, racial discrimination, xenophobia, and related intolerance.

Furthermore, Dr Ashwini addressed concerns about their report on the glorification of narcissism. She clarified that the inclusion of information in their report did not imply endorsement and welcomed constructive dialogue with UN Member States regarding any specific concerns about their report's content and the methodology used.

Religious discrimination, including antisemitism and Islamophobia, was acknowledged as an essential issue within the intersectional approach that the Special Rapporteur intended to adopt. They expressed their commitment to integrate analysis of religious discrimination into their thematic and country-focused work during their tenure.

Dr Ashwini identified online hate speech as a means of spreading religious intolerance and discrimination. She pledged to consider these concerning trends while preparing their report to the General Assembly. 

Recognising the intersection between racial and gender discrimination, the Special Rapporteur welcomed the support received for consistently focusing on this aspect in their work. She affirmed their commitment to addressing discrimination experienced by individuals based on multiple and intersecting grounds, which contributed to their overall exclusion and marginalisation.
Dr Ashwini intends to include an analysis of online abuse and violence against women within the context of racial and gender-based discrimination in their upcoming report to the General Assembly.

 

Position of Geneva International Centre for Justice (GICJ) 

GICJ is concerned about the persistent presence of racism in all its forms and its impact on marginalised communities worldwide. While it is commendable that the Special Rapporteur acknowledges the historical roots of contemporary racism and vows to integrate this analysis into their work, it is disheartening to see that racism still prevails despite our collective efforts to combat it.

GICJ denounces the burning and destruction of any holy texts; the burning of the Quran is an alarming issue that exacerbates religious discrimination and intolerance. Such acts violate the right to freedom of religion and perpetuate hate and hostility towards specific religious communities. The international community must stand together in condemning these acts and taking measures to protect the rights and dignity of all individuals, regardless of their religious beliefs.

Moreover, the growing influence of emerging digital technologies such as Artificial Intelligence (AI) continues to raise serious concerns about the continuation of legacies of racism and the spread of hate speech. Online platforms have become breeding grounds for discrimination, xenophobia, and other forms of intolerance. The anonymity provided by the digital space has emboldened individuals and groups to disseminate hateful ideologies without accountability, leading to real-life consequences for targeted communities.

Regulating and monitoring hate speech effectively becomes increasingly challenging as these digital technologies evolve. The lack of stringent measures to address online hate speech allows it to thrive and poison the minds of vulnerable individuals, perpetuating discrimination and division. GICJ urges governments, tech companies, and civil society to work together to develop comprehensive strategies that promote digital literacy, tackle hate speech, and foster an online environment that upholds human rights and respect for all. 

Furthermore, a collective effort is needed to ensure that civil society organisations have the support and space to advance human rights and combat racism. Governments should actively promote an environment that allows civil society to thrive and contribute meaningfully to addressing the root causes of racism.

Therefore, GICJ calls on all stakeholders to work tirelessly in countering racism, both offline and online. We must recognise the interconnectedness of various forms of discrimination and adopt an intersectional approach to our work, understanding that racial discrimination is often intertwined with other dimensions of marginalisation.

By standing united against racism and hate speech, the human family can strive towards a world where everyone can live with dignity, respect, and equality, regardless of race, religion, or identity.

 


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