Combating racism, and silence on funds

IF the implementation of the Programme of Action for the Third Decade to combat racism and racial discrimination (1993-2003) is any indication, the implementation of the Durban Declaration and Programme of Action appears bleak. Apart from holding a few seminars on race and discrimination issues and holding of the Third World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance, there was little implementation of programme of activities at the national level during the Third Decade.

Despite the CHR resolutions having negative elements aimed at the exclusion of NGOs, most of the groups that turned up in full strength in Durban were absent when the CHR was taking crucial decisions regarding the implementation of the DDPA. The 58th session of the CHR did not see any substantive debate on racism, racial discrimination, xenophobia and related intolerance. Yet, on implementation of the programme of action of the Third Decade at the national level, the report (E/CN.4/2003/19) of the High Commissioner only refers to the pledges made in the DDPA.

Stung by the lack of funds, the OHCHR could have done little more than hold a few seminars during the entire decade. The OHCHR has recently established an Anti Discrimination Unit (that will produce publications on anti racism) and has worked closely with UNESCO, however nothing reflects the lack of commitment of the States to combat racism more starkly than the fact that no contribution was made to the Voluntary Fund for the Third Decade. The report of the High Commissioner to the 59th session, not surprisingly, does not mention anything related to the Voluntary Fund for the Third Decade. The CHR in its resolution 2002/68 on the implementation of the DDPA established a voluntary fund for implementation of the DDPA. The key yardstick to measure commitment to combat racism, racial discrimination, xenophobia and related intolerance at the national and international level will be the contribution to this voluntary fund as well as robust collaboration with the intergovernmental working groups.

The Working Group of Experts on People of African Descent appointed by the Chairperson of the CHR has already met twice since its establishment. However, the Western European Group expert has not been nominated. The Chair pointed out that it was unfortunate that the Expert from the Western Group had yet to be appointed; the work of the Group would have benefited from his participation. The other important mechanism for the follow up of the WCAR has been the appointment of five independent eminent experts by the Secretary-General to follow the implementation of the provisions of the DDPA. This Intergovernmental Working Group on the effective implementation of the Declaration and Programme of Action held its first session in January 2003.

The CHR resolution says little about the composition of the intergovernmental working group - the key mechanism for implementation of the DDPA. While the resolution calls upon NGOs, relevant human rights treaty bodies, special procedures and other mechanisms of the Commission, national institutions, international, financial and development institutions, and specialised agencies, programmes and funds of the United Nations to collaborate with the Working Group of Experts on People of African Descent, the resolution excluded NGOs from participation in the intergovernmental working group. Instead, five independent eminent experts appointed by the General Secretary mandated to assist the intergovernmental working group will serve as intermediaries and receive reports from NGOs, among others. NGOs can no longer directly interact with the intergovernmental working group. In the informal open-ended meetings during the 58th CHR session prior to the presentation of the resolution, the Pakistani delegation insisted that no NGOs be allowed to participate in the intergovernmental working group or be nominated for the expert bodies.

During its 60th session, CERD adopted a General Comment on the follow up of the WCAR. CERD invites states to adopt measures to implement ICERD and strengthen the functioning of the Committee. CERD also insists on the necessity of action by other bodies including the OHCHR. Among 189 UN members only the governments of Albania, Argentina, Colombia, Croatia, Cuba, Cyprus, the Czech Republic, Germany, Liechtenstein, Mexico, Morocco, the Netherlands, Norway, Romania, the Russian Federation and Switzerland have provided information to the OHCHR (E/CN.4/2003/18). It is crucial that the UN received more substantive commitments from states to establish the legal and educative standard setting to combat racism in all its global and multiple forms.