Lollo, Stephanie

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NYLS Journal of Human Rights Volume 18 Issue 3 Article 10 Summer 2002 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Resolution amid Controversy Stephanie Lollo Follow this and additional works at: https://digitalcommons.nyls.edu/journal_of_human_rights  Part of the Law Commons Recommended Citation Lollo, Stephanie (2002) "World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Resolution amid Controversy," NYLS Journal of Human Rights: Vol. 18 : Iss. 3 , Article 10. Available at: https://digitalcommons.nyls.edu/journal_of_human_rights/vol18/iss3/10 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of Human Rights by an authorized editor of DigitalCommons@NYLS. World Conference against Racism, RacialDiscrimination, Xenophobia and RelatedIntolerance: Resolution amid ControversyFrom August 31, 2001 to September 7, 2001, the World Confer-ence Against Racism, Racial Discrimination, Xenophobia and Re-lated Intolerance took place in Durban, South Africa.1 TheConference marks the fourth time representatives from world na-tions convened to discuss matters of intolerance.2 The first twoconferences were held in Geneva, Switzerland in 1978 and 1983,while Vienna hosted the third in 1993.3 Specifically, Conferenceorganizers decided on Durban, South Africa, as it was a symbolicrepresentation of the plight of the South African people againstapartheid.4Prior to the start of the World Conference, the United Statesengaged in efforts to persuade other nations to omit the conten-tious view that Zionism is racism. 5 The United States, who does notequate Zionism with racism, asserted that the topic of Zionism was ameans by which Israel would be singled out for its treatment ofPalestinians.6 Initially, the language in the draft declaration listedZionism as a racist practice. 7 Although the objectionable languagein the draft declaration against Israel was changed, the UnitedStates and Israel still withdrew from the conference amid much crit-1 World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), http://www.unhchr.ch/html/racism/Durban.doc.2 See id.3 See id. (stating that the first two conferences were titled the World Con-ferences to Combat Racism and Racial Discrimination and that the third confer-ence was specifically called the World Conference on Human Rights).4 Id.5 Neil A. Lewis, U.N. Pushes to Refocus Racism Conference, N.Y. TIMES,Aug. 1, 2001 at A8.6 Id.7 The Associated Press, The Racism Walkout, N.Y. TIMES, Sept. 4, 2001 atA8.481482 N.Y.L. ScH. J. HuM. RTS. [Vol. XVIIIicism. 8 On September 8, 2001, the draft declaration, with new lan-guage substituting Islamaphobia for Zionism, was adopted. 9Another contentious situation preceding the adoption of thedeclaration involved the plight of the Dalits in India. 10 Approxi-mately 250 million Dalits in India and around the world face dis-crimination based on "work and descent."'1 As the result of suchintolerance, the draft declaration made specific reference to suchdiscrimination.' 2 However, the Indian government successfully lob-bied to keep caste out of the final declaration.1 3Specifically, the following three general categories composedthe final declaration: (1) sources of racism, racial discrimination,xenophobia, and related intolerance; (2) victims of racism, racialdiscrimination, xenophobia, and related intolerance; and (3) mea-sures to prevent and eradicate racism, racial discrimination, xeno-phobia, and related intolerance at the national, regional, andinternational levels. 14SOURCES OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIAAND RELATED INTOLERANCEThe declaration recognizes the following sources of intoler-ance: slavery and the slave trade; colonialism, apartheid, and geno-cide in terms of international law; xenophobia against non-nationals; as well as the inequalities present in the political and le-gal structures of some States. 15 Specifically, the declaration placesspecial emphasis on slavery and the slave trade, characterizing slav-8 Disappointment as U.S. Bolts Race Conference, (Jan. 2002), at http://www.hrw.org/press/2001/09/usboltO9O3.htm.9 See World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), at http://www.unhchr.ch/html/racism/Durban.doc.10 Anti-Racism Summit Ends on Hopeful Note, at http://www.hrw.org/press/2001/09/wcar0910.htm.11 Id.12 Id.13 Id. (noting that the successful lobbying of India has only fueled interna-tional scrutiny and debate of the caste system and of the plight of the Dailts).14 See World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), at http://www.unhchr.ch/html/racism/Durban.doc.15 See id.2002]CONFERENCE AGAINST INTOLERANCE 483ery as a crime against humanity, and expressing the moral obliga-tion to repair its lasting damage.16Although the declaration scrutinizes the appalling and tragicbarbarism of slavery, the resolution does remember additionalsources of intolerance. An alternate source of intolerance confer-ring lasting social and economic inequalities throughout the worldinvolves the functioning of State penal systems.17 For instance, thedeclaration notes the frequent unequal application of penal lawsand negative actions and attitudes of those responsible for law en-forcement in some States. 18 One potentially severe consequence ofthe inequality present within penal systems is the over-representa-tion of certain groups who are detained or imprisoned. 19Not only does the declaration focus on previous and currentsources of intolerance, it also recognizes the importance of payingspecial attention to new manifestations to which youth and othervulnerable groups might be exposed. 20 This concern is especiallyprevalent upon consideration of the recent advances in telecommu-nications to which the public is so intensely exposed. 21 Often, themedia promotes negative stereotyping of vulnerable groups. Thus,due to increased media exposure to such generalizations, many areencouraged to adopt racist and xenophobic sentiments.22VICTIMS OF RACISM, RACIAL DISCRIMINATION,XENOPHOBIA AND RELATED INTOLERANCEAfter discussing the sources of intolerance, the declarationshifts to consider the victims of racism, racial discrimination, xeno-phobia, and related intolerance. The declaration lists as victimsAfricans, Asians, indigenous peoples, migrants, those of mixed eth-16 See Anti-Racism Summit Ends on Hopeful Note, (Jan. 2002), at http://www.hrw.org/press/2001/09/wcarO9lO.htm.17 World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), at http://www.unhchr.ch/html/racism/Durban.doc.18 Id.19 Id.20 See id.21 Id. (noting specifically the dissemination through modern communicationtechnologies of ideas based on notions of racial superiority).22 Id.N.Y.L. SCH. J. HUM. RTS.nic and racial origins, religious communities, women, and HIV/AIDS infected persons.23Although each of the aforementioned groups possess differentcharacteristics, much of the negative treatment faced by each canbe similarly described. For instance, intolerance limits the right ofmany groups to practice their beliefs freely, deteriorates living con-ditions, and prevents many from fully exercising their civil, political,economic, social, and cultural rights.24 Such adverse conditionshave contributed to forced displacement and the movement of peo-ple from their home countries as refugees and asylum-seekers. 25After noting the similar negative effects of intolerance faced byvictims, the declaration indicates consequences that are specific tocertain groups.26 For instance, with respect to indigenous peoples,the declaration considers the deterioration of their special relation-ship with the land as the basis for their spiritual, physical, and cul-tural existence. Additionally, the declaration mentions the plight ofthe Palestinian people under foreign occupation and their right toestablish an independent state.27 However, the United Nationsdoes not recognize this right at the expense of the instability ofother states, namely Israel.28 Lastly, the declaration notes the de-nial of women in many countries to transmit their nationality totheir children and spouses.29Not only does the declaration note the negative treatment thatvictimized groups have suffered and continue to suffer, it also rec-ognizes the many contributions made by victimized groups.30 Spe-cifically, victimized groups have conferred many cultural, economic,political, and scientific benefits so as to improve areas such as em-23 See World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), at http://www.unhchr.ch/html/racism/Durban.doc.24 Id.25 Id.26 Id.27 Id. See also Neil A. Lewis, U.N. Pushes to Refocus Racism Conference, N.Y. TIMES, Aug. 1, 2001 at A8 (noting that although the declaration discusses theconflict in the Middle East, this is certainly not its sole focus).28 Id.29 Anti-Racism Summit Ends on Hopeful Note, (Jan. 2002) at http://www.hrw.org/press/2001/09/wcarO9lO.htm (stating that this specific consequence isespecially prevalent in the Middle East and North Africa).30 See World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), http://www.unhchr.ch/html/racism/Durban.doc.484 [Vol. XVIII2002]CONFERENCE AGAINST INTOLERANCE 485ployment, education, and health. Along with emphasizing the im-portance of the contributions to global development, thedeclaration also laments the lack of recognition received by the vic-timized groups.31MEASURES TO PREVENT AND ERADICATE RACISM, RACIALDISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE ATTHE NATIONAL, REGIONAL AND INTERNATIONAL LEVELSFollowing discussion of the sources and victims of intolerance,the declaration proceeds to indicate what measures can be taken toprevent and eradicate discrimination at the regional, national, andinternational levels. 32 First, the declaration affirms the universaladherence to and full implementation of the International Conven-tion on the Elimination of All Forms of Racial Discrimination. Sec-ond, the declaration notes that to overcome intolerance, one mustalways conquer a lack of political will, weak legislation, prevalentracist attitudes, and/or negative stereotyping. Third, the declarationdiscusses precise ways in which to achieve true equality.33According to the declaration, intolerance can be prevented anderadicated through the following means: development of indepen-dent human rights institutions; education of all ages; elimination ofilliteracy, racial profiling and workplace bias;34 access to free pri-mary education; dialogue among civilizations; and cooperationamongst states.35 Furthermore, the declaration calls for the imple-mentation of policies consistent with principles of human rights toprotect the nearly 30 million people displaced in their own coun-tries, as well as migrants. 36 Although the authors recognize the po-tential for innovative approaches to combat intolerance, the list ofmeans in the declaration is not exclusive. 3731 See id.32 Id.33 Id.34 Anti-Racism Summit Ends on Hopeful Note, (Jan. 2002), at http://www.hrw.org/press/2001/09/wcarO9lO.htm.35 World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), http://www.unhchr.ch/html/racism/Durban.doc.36 Anti-Racism Summit Ends on Hopeful Note, (Jan. 2002), at http://www.hrw.org/press/2001/09/wcarO9lO.htm.37 World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), http://www.unhchr.ch/html/racism/Durban.doc.486 N.Y.L. ScH. J. HuM. RTS. [Vol. XVIIINot only does the declaration list ways to reduce and eliminateintolerance, it further indicates who is responsible for the imple-mentation of the aforementioned means. For instance, politicalleaders and parties can play a key role by promoting diversity andcondemning the persistence and resurgence of various forms of ra-cial intolerance.38 Also, the legal system can punish the discrimina-tion of all ideas based on racial superiority or hatred with dueregard to human rights principles.3 9 Lastly, the media can make apositive contribution to the fight against intolerance by abandoningnegative stereotyping of vulnerable groups.40Despite efforts of the international community over the pastthree decades, racism, racial discrimination, xenophobia, and re-lated intolerance are not yet completely eliminated.41 Manyhumans still fall prey to the various forms of intolerance based onrace, color, descent, national origin, ethnic origin, sex, language, re-ligion, political opinion, social origin, property, birth, or other sta-tus. 42 The 2001 World Conference Against Racism, RacialDiscrimination, Xenophobia and Related Intolerance attempted todevise a comprehensive resolution to finally prevent and eradicateintolerance.43 However, the declaration is merely a document andcannot itself fight the battle against intolerance.44 In order to betruly effective, the world community must implement the directivesof the declaration. 45 As Reed Brody, Advocacy Director of HumanRights Watch, stated: "If governments would really put in practicewhat they agreed to do here, we could make real headway in com-bating racism."'46Stephanie Lollo38 Id.39 See id.40 See id.41 See Anti-Racism Summit Ends on Hopeful Note, at <http://www.hrw.org/press/2001/09/wcarO91O.htm>.42 World Conference Against Racism, Racial Discrimination, Xenophobiaand Related Intolerance: Declaration, (adopted September 8, 2001), http://www.unhchr.ch/html/racism/Durban.doc.43 See Anti-Racism Summit Ends on Hopeful Note, (Jan. 2002) at http://www.hrw.org/press/2001/09/wcarO9lO.htm.44 Id.45 See id.46 Id.

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