Friday, May 25

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The day started with the NGO daily briefing. One of the main points that was discussed was registration of the individual members of the accredited organizations. To register, organizations have to fill out the form at the UN website (NGO participation) and send it, with two photographs of each member enclosed, to the UN office in Geneva (Sandra Aragon) before the 15th of July. This is in order to prevent the same waiting times as we saw last monday!. You can also download the registration form here (pdf format) and you can find the accompanying information note here. As per now there is no limit (yet) for the number of delegates per organisation that can go to Durban, this can however change. The rest of the meeting was used for introducing the members of the International Steering Committee (ISC), the African and African descendants caucus and the Youth forum. The latter two also gave short presentations.

On the governmental side...

The group of 21 governmental delegations who have been working to clean up and shorten the draft Declaration and Plan of Action for the WCAR were still hard at it in the morning. An announcement was made that, all though it was slow going, a revised version would be ready by 16.00 hours. Not quite... talking to several members of the group of 21, we found out they had revised only the pre amble (40 bits of text), page 1 through to 31. They didn't work on the actual declaration or plan of action itself. One delegate said:"why not give the whole thing to the South Africans, they can come up with a new draft for Durban and we'll be done with it." After a long wait finally the assembly reconvened and a discussion started on how to proceed. After a long discussion and several proposals it was decided that the group of 21 will not work further, but the work on the draft declaration and the draft programme of action will now be done separately. The revised pre amble will be discussed in the declaration group. Work starts Monday. What is going to happen if both drafts are not ready by coming Friday (which it won't) is still unclear. Either the PrepCom will last one week longer, or there will be another session just before the WCAR in Durban. The second seems the most likely option, since many state delegations say it's too expensive for them to change their tickets. So it looks like everybody who wants to follow the negotiations will have to go to Durban a week or so early.

On the NGO front

On the NGO front it was a busy day too. There are about 20 caucasus now and very little space for all of them to meet. The NGO International Steering Committee(ISC)did meet today. From today on all the ISC will meet in open sessions.

Two main points that were discussed:

1. DRAFTING PROCESS
ISC was informed that there are only two members of the NGO Drafting Committee present in Geneva who are working hard to present the draft on Tuesday to be opened for remarks until 15 June. Many caucuses have already worked out their versions of the NGO Draft Declaration. ISC expresses its thanks and appreciation for all who have contributed to this difficult work. It is important to have that draft and to communicate it to the governments in order to influence also the WCR documents - in Durban it will be to late. ISC wishes to get the caucuses involved into the process: each caucus should nominate one person. Major Kobese should convene them together with the members of the Drafting Committee present for today at 5 pm so that the group would be able to work over the weekend. Alberto DeTerville will communicate from that group back to ISC. Ms. Wiseberg offered a help by the WCR Secretariat to get the draft translated into French and Spanish. (The following caucuses and groups were identified: women, indigenous peoples, Africans and Afro-descendants, youth, criminal justice, Jews, sexual orientation, Roma, migrants and trafficking in people, lawyers, INGOs, regions: Africa, Asia/Pacific/Middle East, Europe, the Americas.) Moshe More made a comment that those who will be selected have to be after the PrepCom and ISC has to see for it. SANGOCO will not be responsible for any failure.

2. SCHOLARSHIPS
The INGOs are concerned about the time constraints with the scholarships because especially grassroots NGOs do not have enough money even to buy flight tickets. Without having been confirmed about them been granted a scholarship they cannot book their flights. UNO which usually does not finance NGO participation at its conferences, has raised approx. USD 700.000 for 350 scholarships. ISC thanked both UN HCHR and SANGOCO for their efforts. Moshe More informed that the 550 scholarships (USD 1800 each) for the NGO Forum are available for African NGOs but he believes that the selection criteria should be common for all applicants. Marcia Andrews suggested that ISC should express its view that 350 scholarships from the UN are insufficient if we (and HCHR) want to see all types of constituencies in Durban. Alberto Saldamando suggested that a high priority should be given to grassroots people. Mirek Prokes added that also NGOs organizing events in Durban should be put high on the list. Francisco Calí (10 ISC, 10 Europe, 30 Asia. 40 indig, from it 40 women, 20 afro)

Working late...

In the evening, while governmental delegates were already resting comfortably in their hotel rooms, NGOs where still busy drafting, holding meetings and running around with diskettes. Even an I CARE reporter was smoothly recruited to work on a draft. Tomorrow from 09:00 till 13:00 the ISC will have a meeting in the Palais Wilson to work further on the NGO declaration, which will be presented on Sunday to the Co-ordinating Committee (CC).

I CARE Newsteam






Contributions by others:

PROPOSAL FOR THE DRAFT DECLARATION AND PROGRAM OF ACTION FOR THE SECOND INTERNATIONAL PREPCOM OF THE WORLD CONFERENCE ON RACISM

(Summary of main points)

Prepared by the African/African Descendants Caucus

25May, 2001

New Language on Declaration of Principles

  1. We affirm that the transatlantic slave trade, slavery and colonization has uniquely impacted African and African descendant women whose bodies, familial roles and reproductive ability have been used as a tool of oppression and exploited for the production of economic wealth and whose forced labor under inhumane circumstances and the use of specific negative stereotypes all have been and continue to be used to maintain the subordinate position of African and African descendant women on the bottom of the social, economic, cultural and political system.

New Program of Action

  1. Recognizing that people who have exercised their right to democratic participation by speaking out and organizing against racism, racial discrimination, xenophobia and related intolerance against Africans and African descendants have been subjected to the use of existing laws to quiet their voices through many processes including falsified evidence and/or the withholding of exculpatory evidence as well as discriminatory and selective prosecutions, The World Conference Against Racism urges States to insure the release of all prisoners incarcerated for their exercise of their political rights.
  2. Recognizing the multiplicty of oppressions and the fact that, for Africans and African descendants, their experiences of racism are exacerbated by and cannot be separated from the discrimination they experience on other grounds, including sexual orientation, The World Conference Against Racism, urges States to enact laws that prohibit discrimination and explicitly guarantee and promote the equal rights of all persons without distinction on any ground including sexual orientation and to adopt programs to implement this guarantee of equality.
    3.

    New Language on Remedies

  3. Call on the Subcommission on the Protection and Promotion of Human Rights to establish a Working Group on and with African and African descendants.
  4. Call on the CERD to hold a thematic consideration on discrimination against Africans and African descendants similar to the one held on the Roma.
  5. Establish a "focal point" on racial equality based in the office of the Secretary General, tasked with overseeing the integration of issues relating to racial equality into the work of all functional bodies and special mechanisms of the UN, at least equal to those provided for women and children.
  6. The World Conference recommends (Platform for Action, p. 108).
    1. The establishment of an international monitoring body…an annual report to the United Nations General Assembly; governments are required one year following the WCAR to develop and submit to the monitoring body a 5-year national plan of action, articulating specific goals and strategies for implementing WCAR commitments; governments will be required to submit 5-year periodic reports on progress on implementing WCAR objectives relating to Africans and African descendants.
    2. The establishment of an International Research and Public Policy Institute on the Program of Action adopted at the WCAR to monitor and evaluate…
      1. The promotion and facilitation of capacity-building at regional and national levels for data collection to support the monitoring of WCAR goals and objectives
      2. The establishment of supportive linkages and exchanges with existing research and public policy institutes whose work contributes to the fulfillment of WCAR goals.




PRESS RELEASE 1

POSITION OF THE SEXUAL ORIENTATION, MULTIPLE DISCRIMINATION AND RELATED INTOLERANCE CAUCUS ON THE WCAR DECLARATION AND PROGRAMME OF ACTION

GENEVA, MAY 2001

Citizenship and full participation in all aspects of society, as well as the eradication of discrimination based on sexual orientation, gender, age, health, economic status and other grounds, are crucial elements for inclusion as governments, peoples and movements commit to the elimination of racism, racial discrimination and xenophobia.

Experiences of racism are exacerbated by and cannot be separated from discrimination experienced on other grounds, including sexual orientation. In this way, the intersectionality of oppressions perpetuates the disadvantage of society's most vulnerable. There remain serious obstacles to the full enjoyment of the civil and political rights, as well as the economic, social and cultural rights of sexual minorities. These rights are not expressly recognized in most cultural norms and/or State laws, and therefore discrimination and inequality on this basis continue to persist.

The Sexual Orientation, Multiple Discrimination and Related Intolerance Caucus submits that sexual orientation is a ground of intolerance experienced by persons or groups of people. Combined with other grounds of discrimination, it has consequences on people's lives as a form of multiple discrimination. Every time such grounds are enumerated within the WCAR Declaration and Plan of Action, sexual orientation should be explicitly retained.

RATIONALE:

  • The World Conference on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance (WCAR), to be held in Durban 2001, is an important opportunity to reaffirm the principles of universality, indivisibility and inter-dependence of human rights, the full enforcement of which will require elimination of all forms of discrimination that negatively affect human individuality;

  • The Universal Declaration of Human Rights reaffirms the principle of non-discrimination and proclaims that all human beings are born free and equal in dignity and rights, without any distinction whatsoever. A life of freedom, without prejudices, coercion or threats to the physical or mental wellbeing of individuals presupposes the elimination of sexism, racism, xenophobia, lesbophobia and homophobia;

  • Despite the existence of binding international agreements and conventions establishing the principles of non-discrimination and equality without distinctions regarding race, age, language, ethnic group, culture, religion, disability, or other status, nevertheless the exclusion, concealment and flagrant violations of the human rights and fundamental freedoms of persons because of their sexual orientation still persists;

  • The United Nation's World Conference on Racism, Racial Discrimination, Xenophobia and Other Related Forms of Intolerance, by including "related intolerance" broadens the discussion to cover other critical issues such as sexual orientation.

Therefore, we call on the United Nations Member States to:

  • Explicitly include sexual orientation in the Declaration and the Programme of Action as a ground related to racism, racial discrimination, xenophobia and other forms of discrimination.

  • Incorporate into human rights instruments the respect for sexual diversity. These instruments must explicitly reject the imposition of any pattern for life based on intolerance and on the denial of freedom and dignity.

  • Declare that the various forms of discrimination including racism, racial discrimination, xenophobia, sexism, lesbophobia, and homophobia are crimes against humanity;

  • Adopt Constitutional clauses, laws, and policies that explicitly guarantee non-discrimination and enjoyment of all rights for all persons, without any distinction regarding race, ethnic origin, gender, age, sexual orientation, language, religion, national origin, migratory status, social status, economic standing, work or occupation, birth, health status and disability, as well as other diversities; and

  • Incorporate mechanisms into State's legislation to repeal discriminatory laws. At a minimum, this must include:

  • taking all necessary measures to end torture, disappearances and the imposition of the death penalty on grounds such as sexual orientation;

  • repealing those laws that criminalize consensual same-sex relations;

  • protecting the rights of people persecuted and in search of asylum because of their sexual orientation;

  • recognizing the rights of same sex foreign partners to immigrate on an equal basis;

  • investigating, prosecuting and punishing perpetrators of hate crimes.

 

 

Because human rights are indivisible and inalienable in all people, none are truly free until all are free. Human identity cannot be compartmentalized, and those who experience discrimination based upon multiple oppressions are not fully protected from racism, racial discrimination, xenophobia and related intolerance until all aspects of their personhood are explicitly protected from discrimination.

SEXUAL ORIENTATION IS A HUMAN RIGHT

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