Durban Watch

EYEontheUN ALERT - October 13, 2008

Shocking Draft of the Durban II Final Declaration Released:

UN Racist "Anti-Racism" Campaign Now in Black & White

The shocking text of the "Draft Outcome Document" to be adopted at the UN's so-called anti-racism conference, Durban II, has just been released. It features:

• accusations that Israel is guilty of apartheid, crimes against humanity and genocide
• allegations that Palestinians are victims of Israeli racism
• the accusation that Zionism is racism by referring to a "racially based law of return"
• claims of a right of return that would end the Jewishness of the state of Israel
• an effort to end Israeli sovereignty over Jerusalem
• an attempt to strangle free speech by demands that states "encourage objective and balanced portrayals of people, events and history, especially in the media"
• a demand that states adopt laws to invade public and private life for the purposes of "preventing and punishing expressly and specifically contemporary forms of racism, racial discrimination, xenophobia and related intolerance in public and private life"
• an insistence that the world media be governed by "a code of ethical conduct with a view to prohibiting the proliferation of ideas of superiority and the justification of racial or religious hatred"
• an effort to tarnish "counterterrorism or national security" efforts with the accusation that they "hamper...progress in the collective struggle against racism"
• trumped-up accusations of global Muslim victimhood - including the claim that "the most serious manifestations of defamation of religions are the increase in Islamophobia and the worsening of the situation of Muslim minorities around the world"- a blatant effort by states sponsors of terrorism to turn attention away from their own heinous behavior by reinventing themselves as victims
• demands for broad new laws that would undercut democratic rights and freedoms in the name of religious sensibilities: "take firm action against negative stereotyping of religions and defamation of religious personalities, holy books, scriptures and symbols."

During the week of October 13, 2008, democratic states led by the European Union are sitting down to conduct a second reading of this outrageous "anti-racism" document. The continued participation of democratic states like the EU and Australia in the Durban II forum is legitimizing a global discussion for and against antisemitism, for and against a Jewish state, for and against freedom of expression. Instead of providing a global platform to the enemies of human rights, they should immediately join Canada, the United States and Israel and get out.

********

The Second Substantive Session of the Durban II Preparatory Committee

Selected Provisions in the "Draft Outcome Document"

THE DEMONIZATION OF ISRAEL AND OF JEWISH SELF-DETERMINATION

Section 1 - Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

A. Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

57. Reaffirm that a foreign occupation founded on settlements, its laws based on racial discrimination with the aim of continuing domination of the occupied territory, as well as its practices, which consist of reinforcing a total military blockade, isolating towns, cities and villages under occupation from each other, totally contradict the purposes and principles of the Charter of the United Nations and constitute a serious violation of international human rights and humanitarian law, a new kind of apartheid, a crime against humanity, a form of genocide and a serious threat to international peace and security;

B. Victims of racism, racial discrimination, xenophobia and related intolerance

114. Reiterates its concern about the plight of the Palestinian people under foreign occupations, urges respect for international human rights law and international humanitarian law and calls for a just, comprehensive and lasting peace in the region;

115. Notes that the Palestinian people continue to be denied the fundamental right of self determination. In order to consolidate the occupation, they have been subjected to unlawful collective punishment, torture, economic blockade, severe restriction on movement and arbitrary closure of their territories. Illegal settlements continue to be built in the occupied territories. The Review Conference must look into the human rights situation and urge member states to implement the provisions of DDPA with a view to bring lasting peace in the Middle East.

116. Express deep concern at the plight of Palestinian refugees and displaced persons who were forced to leave their homes because of war and racial policies of the occupying power and who are prevented from returning to their homes and properties because of a racially based law of return, and recognize the right of return of the Palestinian refugees as established by the General Assembly in its resolutions, particularly resolution 194 (III) of 11 December 1948, and call for their return to their homeland in accordance with and in implementation of this right;

117. Re-emphasize the responsibility of the international community to provide international protection for the Palestinian people under occupation against aggression, acts of racism, intimidation and denial of fundamental human rights, including the rights to life, liberty and self-determination;

E. Strategies to achieve full and effective equality, including international cooperation and enhancement of the United Nations and other international mechanisms in combating racism, racial discrimination, xenophobia and related intolerance

305. Recognize Jerusalem as a city of reverence and religious sanctity for three major religions of the world and call for an international effort to bring foreign occupation, together with all its racial practices, to an end, especially in holy shrines dear to the three religions;

Section 4 - Identification and sharing of best practices achieved at the national,regional and international levels in the fight against racism, racial discrimination, xenophobia and related intolerance.

General

11. Reaffirm that a foreign occupation founded on settlements, its laws based on racial discrimination with the aim of continuing domination of the occupied territory, as well as its practices, which consist of reinforcing a total military blockade, isolating towns, cities and villages under occupation from each other, totally contradict the purposes and principles of the Charter of the United Nations and constitute a serious violation of international human rights and humanitarian law, a new kind of apartheid, a crime against humanity, a form of genocide and a serious threat to international peace and security;

Section 5 - Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments thereto, including in light of developments since the adoption of the DDPA in 2001

25. Express deep regret the practices of racial discrimination against the Palestinians as well as other inhabitants of the Arab occupied territories which have an impact on all aspects of their daily existence such as to prevent the enjoyment of fundamental rights, express our deep concern about this situation and renew the call for the cessation of all the practices of racial discrimination to which the Palestinians and the other inhabitants of the Arab territories occupied by Israel are subjected;

26. Reiterate that the Palestinian people continue to be denied the fundamental right of self determination and urge member States to look at the situation of Palestinian people during the Durban Review Conference and implement the provisions of DDPA with a view to bring lasting peace in the Middle East;

ATTACKING FREEDOM OF EXPRESSION BY ALL MEANS

Section 4 - Identification and sharing of best practices achieved at the national,regional and international levels in the fight against racism, racial discrimination, xenophobia and related intolerance.

General

4. The OIC strongly believes ...misuse or abuse, as provided in Article 20 of the ICCPR and Article 4 of the ICERD must be taken into account to avoid possible negative fall outs. Therefore, while elaborating specific laws on combating incitement to racial and religious hatred, these must conform to the relevant provision of ICCPR and ICERD;

10.(h) - Adopting measures to address the issue of hate speech in the Media, including on the Internet;

Combating

24 (c) Elaborating specific laws on combating incitement to racial and religious hatred, in conformity with obligations under article 20 of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination;

Section 5 - Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments thereto, including in light of developments since the adoption of the DDPA in 2001

11... recent events have once again highlighted the need to demarcate the legal contours between freedom of expression and hate speech. OHCHR's proposed Expert Consultations on the permissible limits to freedom of expression, by taking into account the mandatory prohibition of advocacy of religious hatred, should reach some conclusions and recommendations coming out from the consultations should be worthy of including in the Review Conference documents.

74. Recommend that the use of the new information technologies, including the Internet, should contribute to combating racism, racial discrimination, xenophobia and related intolerance and that they should also be used to promote tolerance and respect for diversity;

75. Call upon States to prevent, through all appropriate means, stereotyping of any ethnic, racial, national, cultural, religious and linguistic group, and encourage objective and balanced portrayals of people, events and history, especially in the media, recognizing the profound influence that such portrayals have on societal perceptions of groups whose members are frequently victims of racism, racial discrimination, xenophobia and related intolerance;

83. Urges States to adopt and enforce legal and administrative measures at the national and local levels, or to strengthen existing measures, with the aim of preventing and punishing expressly and specifically contemporary forms of racism, racial discrimination, xenophobia and related intolerance in public and private life;

100. Call upon the world media to establish and disseminate through their relevant associations and organizations a code of ethical conduct with a view to prohibiting the proliferation of ideas of superiority and the justification of racial or religious hatred and discrimination in any form, and promoting mutual respect and tolerance among all peoples;

147. Stresses the importance of the work of the Ad Hoc Committee on the Elaboration of Complementary Standards to elaborate a basic document to fill the gaps in the existing international treaties about the elimination of all forms of racial discrimination;

148. Call upon the Durban Review Conference to provide guidelines for States taking into account the assessment of various Durban follow up mechanisms as well as the recommendations of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on the issue of defamation or negative stereotyping of religions;

ATTEMPTING TO THWART EFFORTS TO END TERRORISM

Section 1 - Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

C. Measures of prevention, education and protection aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at all levels

160. Noting that some of the other obstacles hampering progress in the collective struggle against racism and racial discrimination include; weak legislation and policies, lack of moral, educational and practical strategies, non-implementation of international legal framework and commitments by some, persisting impunity on different grounds such as freedom of expression, counter terrorism or national security...

D. Provision of effective remedies, recourse, redress, and compensatory and other measures at all levels

212. Call on states to ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin as well as on the grounds of culture, religion and language and that non-citizens are not subjected to racial or ethnic profiling or stereotyping;

Section 5 - Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments thereto, including in light of developments since the adoption of the DDPA in 2001

142.Call on states to ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin as well as on the grounds of culture, religion and language and that non-citizens are not subjected to racial or ethnic profiling or stereotyping;

THE VICTIMHOOD GAME: ALLEGED DISCRIMINATION AGAINST MUSLIMS

Section 1 - Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

A. Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

26. Note that, some of the most worrying trends since 2001 include racio-religious profiling and discrimination, defamation of Muslims, their faith and beliefs, incitement to religious hatred and its concomitant effects on multiculturalism, national and international peace and stability as well as human rights of the affected communities.

28. Shares the assessment that the most serious manifestations of defamation of religions are the increase in Islamophobia and the worsening of the situation of Muslim minorities around the world. He has mentioned three main developments in this context; a) the stereotypical association of Islam (and Muslims) with violence and terrorism; b) the determination to impose restrictions on manifestation of Islam including construction of mosques and its minarets; and c) monitoring and surveillance of places of worship, culture and teaching of Islam.

30. Acknowledges that the most disturbing phenomenon is the intellectual and ideological validation of Islamophobia. When it is expressed against migrants it takes the form of religo-ethnic or religo-racial tones, when it is expressed in the form of defamation of religions, it takes cover behind the freedom of expression and when it is expressed in the form of profiling. It hides behind the war against terrorism. Believes that association of terrorism and violence with Islam or any other religion including through publication of offensive caricatures and making of hate documentaries would purposely complicate our common endeavours to address several contemporary issues including fight against terrorism and occupation of foreign territories and peoples.

31. Besides strengthening discrimination against Muslims, this insidious association is preventing Muslim communities from practicing their religion freely or integration in the society, in many countries. Discrimination on multiple grounds of religion, ethnicity or culture further affects enjoyment of their basic human rights including economic, social and cultural rights. Durban Review Conference, therefore, must look into this contemporary manifestation of racism and seek proscription of this practice through legal and administrative measures. As the existing national laws and courts have failed to address the issue, internationally binding normative standards need to be devised that can provide adequate guarantees against defamation of religions and religious intolerance.

42. Recognizes that there have been increasing risks of stereotyping Muslims and other groups and expresses its commitment to combat this phenomenon;

Section 3 - Promotion of the universal ratification and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and proper consideration of the recommendations of the CERD

Replies from CERD [Committee on the Elimination of Racial Discrimination]
When examining periodic reports, the Committee has expressed its concern about reported cases of "Islamophobia" following the 11 September attacks. Furthermore, while taking note that the criminal legislation of some States includes offences where religious motives are an aggravating factor, it has regretted that incitement to racially motivated religious hatred is not outlawed. The Committee has recommended that States give early consideration to the extension of the crime of incitement to racial hatred to cover offences motivated by religious hatred against immigrant communities

Section 5 - Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments thereto, including in light of developments since the adoption of the DDPA in 2001

16. Urge States to take serious steps to address the contemporary forms of racism, racial discrimination, xenophobia and related intolerance and in this context to take firm action against negative stereotyping of religions and defamation of religious personalities, holy books, scriptures and symbols;

131. National laws alone cannot deal with the rising tide of defamation and hatred against Muslims, especially if such trends are spreading to the grass root communities. A framework is needed to analyze national laws and understand their provisions. This could then be compiled in a single "universal document" as guidelines for legislation - aimed at countering "defamation of religions".