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The 2009 Durban Review Conference The 2009 Durban Review Conference Geneva, 20­24 April 2009 FELIX KIRCHMEIER Durban Review Conference FES Report May 2009 Page 2 This was not a conference for Mahmoud the floor to countries hostile to human rights, Ahmadinejad, and no, he was not a guest of honor, foreclosing the possibility to setting the tone right. but a regular speaker in the UN conference’s high‐ The representative of the Inter Parliamentarian level segment, using a space that is available for Union commented this decision of some countries, any head of a UN member state, even if he stating that “their absence is a setback for the misused it for racist attacks against Israel, including victims of racism [… and] does not help create the denial of the Holocaust. better understanding and more tolerant societies”3 It also was not a “Durban II” but a review of the Paradoxically and unintended, the intolerable 2001 conference, which explicitly did not aim at speech of President Ahmadinejad might have been reopening or repeating the discussions held 7 ½ one reason for the swift and consensual adoption years ago. It was necessary and important because of the balanced outcome text of the conference. the problems addressed – racism, discrimination, Countries that might have wished for stronger xenophobia and intolerance – persist in almost words highlighting their own views or for the every country of the world. singling‐out of one particular conflict must have realized that the position of Iran, the “odd man Particularly at the outset, media as well as some out” 4 could not be followed and that a clear NGOs mostly reported the conference in another message against racism, racial discrimination and light – namely as a hate‐fest against Israel and a the incitement to hatred had to be sent by the manifestation of Islamist extremism. Memories for members of the conference. the original Durban Conference in 2001 and its accompanying NGO forum as well as some To understand the process of the 2009 Durban discussions during the negotiations leading up to Review Conference, the content and process of the the conference and last not least the 2001 Durban World Conference against Racism, announcement of Ahmadinejad’s presence gave Racial Discrimination, Xenophobia and Related ample reason for this, yet the conference itself did Intolerance and its Programme of Action5 have to not confirm those negative expectations. be kept in mind. The outcome document of the 2009 conference does not list many concrete Still, for some countries, including Germany, activities or recommendations6. Partly, this is due concerns over the direction the conference might to the first paragraph, reaffirming the 2001 take were a reason to boycott the conference1. Declaration and Programme of Action (DDPA). In Other countries preferred to take the provocations short, the DDPA contains commitments to equality head on instead of leaving their chairs empty. and non‐discrimination as human rights; states the Foreign Minister of Norway, Mr. Jonas Gahr Store, primary responsibility of states to fight racism; calls voiced the disgust that most people felt at the for the ratification of the International Convention speech of the Iranian President with strong words: on the Elimination of All Forms of Racial he described it as “incitement of hatred, spreading Discrimination; proposes a victim‐oriented politics of fear and promoting an indiscriminate approach pointing out specific groups (ethnic message of intolerance” 2 and as such, running groups, migrants, minorities…); voices concerns on counter to the very aims of the conference. multiple and aggravated forms of discrimination; Boycotting a UN conference – and in Germany’s calls for various measures to fight discrimination case it was the first boycott ever of a UN and racism, including national action plans; and it conference – was judged by many observers as recommends positive action and effective undermining the credibility of the UN and leaving 3 Inter Parliamentarian Union statement 21. April 2009. * The author thanks Yonas Endrias for information on Webcast archive: the background of the conference. http://un.org/webcast/durbanreview/archive.asp?go=09 1 Initially the conference was boycotted by Australia, 0421, last visited on 8 May 2009. Canada, Germany, Israel, Italy, Netherlands, New Zeal‐ 4 See footnote 2. and, Poland, and United States; after Ahmadinejad’s 5 The full document, along with further documentation speech, the Czech Republic (currently holding the EU on the 2001 and 2009 conferences is available at: presidency), also turned its back on the conference. http://www.un.org/durbanreview2009/. While the 2001 2 Norwegian statement at Durban Review Conference, conference is often called the “first world conference 20 April 2009, available at against racism”, there had already been two preceding http://www.regjeringen.no/en/dep/ud/about_mfa/mini conferences in 1978 and1983, both held in Geneva. ster‐of‐foreign‐affairs‐jonas‐gahr‐s/Speeches‐and‐ 6 Concrete steps like e.g. the suggestion of the UN High articles/2009/durban_ii.html?id=555874, last visited on Commissioner to create a UN observatory on racism 8 May 2009. were dropped shortly before the adoption of the draft. Durban Review Conference FES Report May 2009 Page 3 remedies to victims. It also spells out strategies to the media also has a responsibility to refrain from achieve the aims of the DDPA through inciting to hatred and violence. international cooperation. Fifth, we wanted a text of universal scope so as to The 2001 document further acknowledges that avoid spotlighting the significance of one particular economic inequalities triggered by slave trade and conflict, for instance by singling out the Middle East colonialism persist until today7. It also recalls that as a special case in point. the Holocaust must never be forgotten. The only conflict singled out in the document regards the occupation of Palestine. The conflict is not Yet, the draft which was submitted to the described explicitly as racism, but the fact that it is conference had dropped all of the points running placed in a document on the elimination of racism counter to this position, in a great deal due to the prompted the USA, Canada and Israel to leave the persistent efforts of EU diplomats during the 2001 conference and reject its outcome. As a preparation phase. Already the version circulated consequence, the reaffirmation of the 2001 mid‐March showed this development. And while document by its 2009 successor remained the draft of 15 April might have allowed for problematic for those countries. problematic interpretations (e.g. closely Aside of the official conference and its outcome associating economic disparities and foreign document, numerous Civil Society Organizations occupation to racism8), the final draft fastidiously contributed to the negative image of the 2001 avoided them. conference, using the occasion of the anti‐racism It now contains reference to the DDPA, takes note conference to convey their racist and anti‐Semitic of efforts undertaken since 2001, and stresses that messages. “challenges and obstacles identified in the DDPA The outcome document of the 2009 Durban remain to be addressed and overcome to Review Conference itself went through a long effectively prevent, combat and eradicate racism, negotiation process. Former drafts contained racial discrimination, xenophobia and related highly problematic aspects, largely beyond the intolerance.”9 “red line” of many, especially Western, countries. Furthermore, the document which was adopted on Formulated by the Norwegian Prime Minister in his Tuesday, 21 March, reaffirms that “democracy and statement cited above, those red lines were the transparent, responsible, accountable and following: participatory governance at the national, regional First, we wanted a strong and unequivocal text and international level”10 are essential for this task, against racism. We could not accept the text being as well as an “independent and impartial taken hostage by a whole array of unrelated issues. judiciary”11 to decide on allegations and ensure effective redress. Second, we could not accept a text that called for Those points (and many more could be cited) restrictions on the defamation of religions. Human illustrate the importance of the document and the rights obligations protect individuals, not religions. It need to support it worldwide. Active engagement is within the scope of freedom of expression to in the process and the conference allowed some criticise both gods and religions. countries to promote politically sensitive human rights issues. Sweden for example, in a statement it Third, we could not accept a text that would infringe delivered in the General Segment of the on freedom of expression as defined in Articles 19 conference “on behalf of all Member States of the and 20 of the International Covenant on Civil and European Union, regardless of their participation in Political Rights. Without freedom of expression, we the Conference,” used its continued engagement cannot fight racism or human rights violations. In to point to new directions in the fight against short, we cannot compromise on the hard‐won gains (multiple) discrimination: discrimination based on made in the field of universal human rights. sexual orientation. 12 Many countries used this agenda item to present their efforts undertaken to Fourth, we wanted a text that recognises the role of the free media in fighting racism, while recalling that 8 Para. 7 of the draft version of 15 April 2009. 9 Para. 3, final draft of 17 March. 7 At the 2001 conference, e.g. the German Foreign Mi‐ 10 Para. 11, final draft of 17 March. nister explicitly recognized the guilt and obligations of 11 Para. 27, final draft of 17 March. his country regarding the past wrongs of colonialism in 12http://www.regeringen.se/content/1/c6/12/50/00/73 his speech on 1 September. 654eea.pdf, last visited on 8 May 2009. Durban Review Conference FES Report May 2009 Page 4 fight racism and discrimination; others of course In the case of the EU countries that left the mainly to attack other countries.
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