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HUMAN RIGHTS: FROM PAPER TO PRACTICE
By Mary Robinson
GENEVA, (IPS) - The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance which will take place in Durban, South Africa, in September 2001, is one of the most important international events of the beginning of the new century.
Every human being, no matter where he or she lives, no matter what his or her situation, has human rights which every authority must respect. These rights derive from the basic dignity inherent in each of us. The standards we apply to racism and racial discrimination are based on this fundamental principle.
It is the obligation of each state to guarantee individuals the rights recognised by the Universal Declaration of Human Rights as well as those protected in the United Nations international human rights instruments, without regard to race, colour, sex, religion, opinion, birth or any other criteria.
The principles establishing non-discrimination and the equality of all human beings have been accepted by governments and recognised in international law. However, this is not sufficient. The rights proclaimed must be backed by effective guarantees at the national level which allow individuals access to procedures for remedy when their rights are violated.
In a large number of states, effective remedy procedures for victims of acts of racial discrimination be they penal, civil or administrative - have not yet been established. And in those states where such procedures exist, they are often little known, or they are complex and difficult to use effectively or require significant financial resources that are rarely available to those who
suffer most.
At the international level, there is a mechanism available under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination which recognises the competence of the Committee on the Elimination of Racial Discrimination to receive and consider complaints by those states which have made the optional declaration for this purpose.
However, to date the optional declaration has been made by only 29 state parties to the Convention; more states must make the declaration for it to go into effect.
The principal objective of the World Conference will be to work out concrete recommendations for improving remedies for victims of racial discrimination.
Another major aim is to promote an exchange of experience concerning good national practices.
The Conference might also result in policies and strategies to improve the situation of the large number of victims of racial discrimination and to strengthen systems of prevention.
We must pay particular attention to especially vulnerable groups, who are frequently the most marginalised, the poorest, the least educated, and have the least access to official procedures of remedy. Non-citizens, asylum seekers and refugees, indigenous peoples, aliens, children, young people and women constitute a particularly vulnerable sector.
Equally deserving of attention is the situation of migrants, whose numbers are increasing all the time. Large-scale migration has often been accompanied by a rise in the incidence of racism and xenophobia.
Also worrying is the fact that in many countries the minority percentage of prison populations is significantly greater than in the general population and continues to rise - an index of the racism and discrimination in the society as a whole.
It will be necessary to look closely at new and emerging forms of racism, xenophobia and related intolerance, and the difficulties victims have in obtaining adequate remedy of these phenomena. In this regard, we must note that new forms of communications technology such as the Internet are being used to support the dissemination of racial hatred. According to the Simon Wiesenthal
Centre, as of March 1999 there were 1426 ''hate sites'' on the Internet.
We are promoting research and debate to generate recommendations on how the Internet can be used to fight racism and hate groups and on what policies, practices and regulations might combat racism and racist incitement over the Internet.
We must recognise that, while the primary responsibility for combatting racism lies with governmental authorities, the problem must be rigorously addressed at the local level as well. National institutions and non-governmental organisations (NGOs) play a crucial role in mobilising public opinion and disseminating information to assist society in fighting racism; we must promote their participation.
I am confident that the World Conference will find ways to reinforce international cooperation on the dissemination of information about good national practices, the harmonisation of anti-racism legislation, as well as the coordination of strategies in the struggle to overcome all forms of racial discrimination.
Mary Robinson, former president of Ireland, is the United Nations High
Commissioner for Human Rights.
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