73th REGULAR SESSION OEA/Ser.Q August 4 –14, 2008 CJI/doc.312/08 Rio de Janeiro, Brazil August 14, 2008 Original: Spanish

CJI/doc.312/08

THE STRUGGLE AGAINST DISCRIMINATION AND INTOLERANCE

(presented by Dr. Hyacinth Evadne Lindsay)

INTRODUCTION The fight against , racial discrimination, and related intolerance is a fundamental issue of human rights and freedoms and the preservation and promotion of cultural diversity is linked to the security, respect for and participation of all members of society.1 The United Nations Commission on Human Rights defined discrimination as “…. any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, which has the purpose or effect of nullifying or impairing the recognition, enforcement or exercise by all persons on an equal footing of all rights and freedoms”.2 Discrimination is multi-dimensional as aptly illustrated in the following statement “….discrimination takes on as many forms as the biases, prejudices, stereotyping, scapegoating, bigotry and hatreds of individual people do. Discrimination can be passive, as in failure to extend the benefits of society to groups of certain ethnic origins or beliefs. Discrimination also takes the form of some of the most brutal violence in recorded history”.3 [There can be no doubt that the trans-Atlantic slave trade would fall in this latter category]. Intolerance, which is demonstrated by a lack of respect for the practices or beliefs of others and can mean “that people are not treated fairly because of their religious beliefs, their sexuality or even their clothes and hairstyle…” and “lies at the basis of racism, anti-Semitism, xenophobia and discrimination in general. It can often lead to violence”.4 In many societies discrimination and intolerance are not confined to race and certain persons are victims on the basis of age, sexual orientation, lifestyle, religious beliefs, immigration status, health status (as in the case of persons living with HIV) and people who are mentally or physically challenged. An individual may also suffer discrimination on more than one level, as for example, a woman who suffers discrimination on the basis of her gender and also her ethnic origin.

1 Publication entitled Canada’s approach to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Preliminary suggestions for the draft declaration and Plan of Action. 2 UN Compilation of General Comments and General Recommendations adopted by the Human Rights Bodies. 1HR/GEN/51 Rev2 of 29 march 1996, p.27. 3 Article entitled “Won’t you Help Fight Discrimination?”, published by Jacob Blaustein, Institute for the Advancement of Human Rights of the American Jewish Committee, Revised Sept. 02, 1998. 4 UNITED FOR INTERCULTURAL ACTION, European network against nationalism, racism fascism and in support of migrants and refugees. Information Leaflet NO. 17: Resistance against intolerance. Available at: www.unitedagainstracism.org/pages/info17.htm. The international community has been very active in the struggle against all forms of discrimination, as evidenced by the conventions and other action which seek to provide a means of counteracting or even eliminating such discrimination.

RACIAL DISCRIMINATION The International Convention on the Elimination of all Forms of Racial Discrimination describes racist ideologies as being “scientifically false, morally condemnable, socially unjust and dangerous and economically devastating”. Racial discrimination differentiates between individuals on the basis of real or perceived racial differences. A statement on the history of the struggle against racism includes the observation that the first cases of resistance against racism can be traced back to the opposition of native peoples of Africa, the Americas and Asia to the European colonial yoke of . The fact that the oppressed peoples maintained their native cultures and identities despite attempts at uprooting whole ethnic groups is also described as another form of resistance.5 The primary objective of the international community as outlined at the World Conference on Human Rights held in June, 1993 was the elimination of racism, racial discrimination, in particular their institutionalized forms such as or resulting from doctrines of racial superiority or excess or contemporary forms and manifestations of racism. The principle of non-discrimination is enshrined in paragraph (1) of Article 3 of the OAS Charter whereby the American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed or sex. Action by the OAS in relation to the Second Summit of the Americas in sustainable development, 1996, includes the following: • The development of a series of criteria and suggestions for strengthening the system for the promotion and protection of human rights; • The work of the Unit for Social Development and Education in creating a forum for discussion and dialogue in relation to public policy in the fight against poverty and discrimination, resulting in the “Inter-American Programme for Overcoming Poverty and Discrimination” and the Plan of Action for anti-discrimination programmes. This was approved by Ministers and Officials. The International Trade Union Congress (ITUC) and the International Labour Organization held a joint seminar in Geneva on December 4-7, 2007, which was aimed at developing a trade union strategy to fight racial discrimination and xenophobia. A report of the seminar concluded inter alia, that: • Despite ratification of ILO conventions by a large majority of governments, millions of working men and women suffer discrimination based on colour, cultural differences ethnic or national origin; they are prey to racism, xenophobia, intolerance, ethnic and religious tensions in the workplace and in society. • The action programme against racism and xenophobia will be equipped with an international monitoring implementation and assessment mechanism. • Legal instruments were essential in the fight against discrimination but it is also necessary to take measures to prevent prejudice and intercommunity tensions which could result in discriminatory or racist acts, o both. The measures will be accompanied by educational campaigns and efforts to promote intercultural relations.

5 Ibid, op. cit. The IUTC Deputy General Secretary noted that migrants in particular are often exposed to racism and that the greatest failure of the global economy is its inability to create sufficient jobs there where people live.6 The participation by the United Nations in the struggle for the elimination of all forms of discrimination has been described as “a very important element in the efforts of the international community to assure full implementation and observance of human rights”. 7 Relevant resolutions conventions and declarations adopted by the UN include the following: • The Convention on the Prevention and Punishment of the Crime of Genocide 1948; • The Declaration on the Elimination of All forms of Racial Discrimination, 1963; • The International Convention on the Elimination of All forms of Racial Discrimination, 1965, • The International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973. Another very significant achievement is the adoption in the framework of the three Decades for Action to Combat Racism and Racial Discrimination, the First 1873-1982, the Second 1983-1992 and the Third 1994-2003. Resolution 1996/21 outlines measures to combat contemporary forms of racism racial discrimination, xenophobia and related intolerance. However, at its 1996 session, the Commission on Human Rights expressed grave concern at the continuing instances of hatred and intolerance. States were urged to ensure that their constitutional and legal systems provide effective guarantees of freedom of thought and conscience and to all without discrimination, including the provision of effective remedies in cases involving violation of the right to freedom of religion or belief. The United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa 31/08/2001 to 7/09/2001, marked a very significant milestone in the struggle. The Conference was authorized by General Assembly Resolution 52/111, 1997, with the aim of exploring effective methods to eradicate racial discrimination and to promote awareness in the global struggle against intolerance. The Conference ended with a condemnation of racism, racial discrimination, xenophobia and related intolerance and a call for action by the international community to eradicate them wherever they may be found. Declaration and Programme of Action was adopted that commits Member States to undertake a wide range of measures to combat discrimination at the international, regional and national levels. States are urged to: • enhance measures to fulfill the right of everyone to enjoy the highest attainable standard of physical or mental health, with a view to eliminating disparities in health status that might have resulted from racial discrimination. • implement policies and measures designed to prevent and eliminate discrimination on the basis of religion or belief that many of African descent experience. • ensure full and effective access to the justice system for all individuals particularly those of African descent. • promote and protect the rights of indigenous people and ensure their enjoyment of those rights. • facilitate family reunification which has a positive effect on the integration of migrants. • promote the full enjoyment of migrants of all human rights .

6 Publication by Trade Union Confederation of the Americas 3/12/07. 7 The United Nations System Standard-Setting Instruments and Programmes Against Discrimination: Introductory Remarks by Janusz Symonides. • develop strategies to address discrimination against refugees • end impunity and prosecute those responsible for crimes against humanity and war crimes, including crimes related to sexual and other gender based violence against women and girls. • develop effective legislation to protect migrant workers. • ensure accountability for misconduct by aw enforcement personnel motivated by racism. • eliminate racial profiling. • protect privacy of genetic information. • enact laws against trafficking in persons, especially women and children. • publish reliable statistical data to assess the situation of individuals or groups who are victims of discrimination. • encourage internet services to establish and disseminate specific voluntary codes of conduct and self regulatory measures against dissemination of racist messages. • ensure that education or training especially teacher training promote respect for human rights and the fight against racism. • promote awareness of the causes of racism. • encourage media to avoid stereotyping based on racism, racial discrimination, xenophobia and related intolerance. Action by UNESCO in the struggle against discrimination include several meetings of specialists to consider various aspects or manifestations of racism. The Statement on Race in 1950 and the Statement on the Nature of Race and Race Difference emphasized that biological differentiation of races is without foundation and unequivocally rejected theories of racial superiority. Significantly, the Proposals on the Biological Aspects of Race elaborated in 1964 emphasized the predominance of historical, social and cultural factors over biological factors in the explanation of physical differences between populations living in different geographical areas of the world. The General Conference at its 20th Session in 1978 adopted by acclamation the Declaration on Race and Racial Prejudice, which states that: • all human beings belong to a single species and are descended from a common stock. • they are born equal in dignity and rights • all form part of humanity • racial prejudice is totally without justification, being historically linked with inequalities in power and reinforced by economic and social differences between individuals and groups. • diversity of life styles and the right to be different may not in any circumstances serve as a pretext fro racial prejudice. • the State has the prime responsibility for ensuring human rights and fundamental freedoms and should take all appropriate steps to prevent, prohibit and eradicate racism, racist propaganda, and apartheid. UNESCO also recognized the importance of participation by mass media in the struggle against racial discrimination and apartheid. The General Conference adopted the Declaration on Fundamental Principles Concerning the Contribution of the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and Countering Racialism, Apartheid and Incitement to War. Article 1 shows the importance of a “free flow and a wider and better balanced dissemination of information in the strengthening of peace and international understanding, the promotion of human rights and the countering of racism, apartheid and incitement to war”. Article 111 also acknowledged the contribution of the mass media in: • eliminating ignorance and misunderstanding between peoples. • Sensitizing a country’s nationals to the needs and desires of others, to ensure respect for the rights and dignity of all nations, peoples and individuals. The United Nations Special Rapporteur on Measures to Combat Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance recognized the need to adopt measures at the international level to combat the use of the internet to spread racist propaganda. This is an understandable concern given the widespread use and reach of the internet. However, a “counter attack” has been launched by a group called “Anti-Racist Action (ARA)”, whose stated intention is “to do the hard work necessary to decrease racism, sexism, anti-gay bigotry, anti-Semitism and the unfairness which is often suffered by the disabled, the youngest, the oldest and the poorest of our people….” The ARA has established sites to specifically challenge the profusion of what is referred to as “cyber hate” on the Net.8 A report of the various conclusions that can be drawn about the ways used by minority group activists to fight racist activity on the net includes the following: • archiving and disseminating information which represents the history of racial minorities in a non-racist fashion. • engaging in political organizing including advertising “virtual” and “real life” anti- racist conferences, events and rallies. • Electronic linking among activists such that local, national and international anti- racist networks are being spun across the Internet.9 • Direct confrontation to challenge, expose and document racist sites and their activities on the Internet. • Recruitment of Internet users for “virtual” and “real-life” confrontations with racists at both electronic sites and “real-life” events. A variety of tactics are used by the ARA on the Internet to halt the racist attacks upon minorities, the most common of which is described as virtual combat. The occasions for such use occur via e-mail, mailing lists or in newsgroups. Sites such as Cyberwatch have reportedly provided a space to document incidents of racists e-mail verbal violence as it occurs on the Internet. Other tactics include: • Shutting down of racist sites by overloading the site from which the racist information originates with e-mail messages. • Targeting the Internet providers (described as a more controversial technique) with the aim of forcing them to act as censors and not host sites which disseminate racist messages. • Using the Net to organize for direct confrontation with racist groups and individuals in the real world. • The planning of counter-demonstrations and the recruitment of “net surfers” to participate in the counter demonstrations at coming racist rallies. The existence of what is described as “linguistic racism” is the theme of a book entitled “Language and Racism Historicity”10. The author asserts in the Introduction that “The bedrock upon which the fomentation and propagation of racism rests is language”. In chapter 1, which deals with “ingrained racism”, the author opines that “It cannot be reiterated often enough that

8 BECKLES, Colin A. Virtual Resistance: A Preliminary Analysis of the Struggle Against Racism via the Internet. Washington State University, Dept. Comparative American Cultures. Available at: http://www.isoc.org/inet96/proceedings/e6/e6_4.htm 9 Op. cit. 10 GORDON, Donald K. Language and Racism Historicity. Available at www.artbookbinding.com the most fundamental violation of human rights is in the prejudicial utilization of language to belittle the black race by equating all that’s bad with black”. Examples are given of the use of the word “black” in a derogatory sense, one of the many examples being the use of the word to describe the day of the week on which some disastrous or unpleasant event occurs.

DISCRIMINATION BASED ON RELIGION AND BELIEF Religious intolerance remains a problem in many parts of the world, especially in relation to persons who can be classified as “religious minorities” in a State which has no tradition of religious freedom. A recent example occurred in May, 2008, in a newspaper report that an Algerian Public Prosecutor had demanded a three-year sentence for a convert to Christianity for practicing her faith without a licence. Article 1 of the United Nations Charter prohibits discrimination on the basis of religion. Article 18 of the Universal Declaration of Human Rights refers to the right of every one to freedom of thought, conscience and religion, including the freedom to change their religion or belief and to manifest the religion or belief in teaching, practice, worship and observance. The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief was adopted in 1981. Article 18 of the United Nations International Covenant on Civil and Political Rights protects the freedom of individuals to have or adopt their chosen religion or belief subject only to limitations prescribed by law and necessary to protect public safety, public order, health, morals or the fundamental rights and freedoms of others. Despite these positive actions, the problem still persists in some States. At its 1996 session, the United Nations Commission on Human Rights noted continuing instances of hatred and intolerance, including violent acts based on religious intolerance. It urged States to ensure that constitutional and legal systems provide adequate and effective guarantees of freedom of thought, conscience, religion or belief to all without discrimination. The Commission also expressed grave concern at attacks on religious places, sites and shrines and called upon States to exert their utmost efforts to ensure that they be fully respected and protected. At a Conference on Anti-Semitism and Other Forms of Intolerance held in Cordoba, June 8, 2005, the Delegation of the Holy See noted the tragic consequences arising from a denial of human rights. The Delegation also called for equal treatment for all forms of discrimination and stated that it would be ill advised to place anti-Semitism, discrimination against Muslims and against Christians in a type of hierarchical order, pointing out that each of these “sickens” and degrades humanity and must be properly cured.11

GENDER BASED DISCRIMINATION The Preamble to the United Nations Charter includes the commitment “… to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women.” The Universal Declaration of Human Rights and other covenants on Human Rights recognize the principle of equality of men and women, prohibit discrimination against women, provide for women’s political rights, the elimination of violence against women, equal remuneration for men and women workers for work of equal value, the right of women to vote, to be eligible for elections to all public bodies and to exercise public functions established by national law.

11 Statement of the Most Reverend Antonio Canizares, Archbishop of Toledo, Head of the Delegation of the Holy see to the OSCE Conference on Anti-Semitism and other Forms of Intolerance. The Declaration on the Elimination of Discrimination against Women was adopted in 1979. Article 1 describes discrimination against women as “fundamentally unjust and an offence against human dignity.” It requires the repeal of all discriminatory laws, customs, regulations and practices, the embodiment of equality in national constitutions and other appropriate legislation. It also stresses the need to educate public opinion and direct national aspirations towards eradication of prejudice and the abolition of practices based on the supposed inferiority of women. All parties are also required to adopt appropriate measures to combat all forms of traffic in women and exploitation of prostitution. Women have been identified as “indispensable protagonists in the progress of the struggle against racism, discrimination and related intolerance”. A noteworthy example of the active participation of women in this regard is the recommendation made by a group of 50 women leaders of social movements in Latin America and the Caribbean that countries of the region create a fund to fight racism and discrimination. The document containing this recommendation was prepared for presentation to the First Regional Conference of the Americas Against Racism in July 2006 in Brasilia.12 The proposal for the fund was included in a document presented at a preliminary event before the Conference titled “Dialogue between the Women of the Americas against Racism and All Forms of Discrimination”. The final document recommends that the governments and multilateral agencies acknowledge the need for financial investment in efforts to combat racism and other forms of discrimination and proposed that this could be achieved by means of a cooperation fund.

THE WAY FORWARD The struggle will continue as long as the problems of discrimination and related intolerance exist. The best results will be realized with the achievement of mutual understanding, cooperation and solidarity between all parties. The defeat of apartheid in South Africa is cited as an example of progress but there is the reminder that the dream of a world free of racial hatred and bias remains only half fulfilled with the emergence of “”. Globalization is described as carrying risks that can lead to exclusion and increased inequality, very often along racial and ethnic lines. The heroic efforts and achievements of earlier pioneers in the struggle should and can provide encouragement for the future. Persons who have been identified as “Icons of Resistance” include: • Jan Karski (1914-2000), a member of the Polish underground during World War II who became a vocal supporter of Poland’s anti-facist movement in the 1990s. • Martin Luther King, prominent civil rights leader, preacher, writer and teacher, internationally famous and revered leader of the campaign against racial segregation and inequality in the USA in the 1960s he was awarded the Nobel Peace Prize in 1964. • Nelson Mandela (born 1918), lawyer and leading activist in the African National Congress, which was banned in 1960 by the apartheid regime. He spent 27 years in prison for his political activities, during which time he became an international figure symbolizing the black struggle in South Africa. After his release in 1990, he conducted negotiations to dismantle the unjust apartheid system and in 1994 he became the first black president of the new democratic South Africa. • Rosa Parks, the African American who, in a courageous action against segregation, refused to give her seat on a bus to a white man in Montgomery, Alabama on December 1, 1955.

12 UNIFEM newsletter dated 26/7/06. • Sonia Pierre, Dominican-Haitian activist who was awarded the Robert F. Kennedy Human Rights Award (US$30,000) for her work in securing citizenship and education for Dominican born ethnic Haitians. Pierre was 13 years old when she was arrested and threatened with deportation for leading fellow residents of Haitian descent in a march for sugar cane cutter’s rights. The positive contribution of migrants should be recognized and publicized. Note in particular, the conclusion of some 80% of U.S economists that “immigrants advance economic growth in this country. Immigrants pay far more in taxes than they receive in government benefits, revitalize inner cities, and establish 18% of all new business nationwide.”13 There is an urgent need for persons suffering from HIV to have access to affordable treatments, regardless of the WTO obligations of States. Heed the call to eradicate discrimination and intolerance at the conclusion of the World Conference against Racism in Durban. “Human Rights Education programmes and initiatives aimed at combating prejudice and intolerance, particularly the promotion of human rights should be introduced in schools. Education remains the key to the promotion and protection of values which are essential to prevent the spread of racism, racial discrimination, xenophobia and related intolerance. The following statement on Canada’s experience in dealing with a racially diverse population indicates a possible path to success in the struggle against discrimination and intolerance “Experience has taught Canada to value diversity in all forms beyond language, race and religion, to include characteristics such as gender, sexual orientation, range of ability, age, differences that flow from our lifestyles, our ethno-cultural origins and our attachment to the many regions of Canada. The future depends on success in building a peaceful society where peoples with many differences join together to cultivate the shared values of respect and accommodation.14

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13 See note 3 supra. 14 Article entitled Canada’s approach to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and Preliminary Suggestions for Draft.