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 racism, racial discrimination, xenophobia 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 slavery. 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 apartheid 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.