40th Agenda 

40th Session Issues

Elimination of Discrimination in all its Forms

ELIMINATION OF DISCRIMINATION, PREJUDICE AND INTOLERANCE

The United Nations has done extensive work in the field of Human Rights, and in the area of discrimination in particular. Allegations of serious violations of human rights provide the only sanctioned means for the United Nations to interfere in the internal affairs of any country. Thus, it is in the area of human rights that the United Nations attempts to have a direct impact on people who would not otherwise be affected by United Nations decisions.

For our purposes, we shall limit our discussion of human rights to the general topic of elimination of discrimination, prejudice and intolerance. One may argue that this is a vast topic, as discrimination can be practiced against anyone that an individual or group finds "different" from themselves. It is our charge, however, to be mindful of the United Nations' approach to this issue. When debating discrimination, prejudice and intolerance they have limited their debate to:

1. Discrimination based on religion or belief;

2. Racism, racial discrimination, persecution and apartheid;

3. Discrimination and intolerance in particular fields such as education and employment;

4. Discrimination against indigenous populations.

DISCRIMINATION BASED ON RELIGION OR BELIEF

The United Nations first addressed the issue of religious intolerance in 1962 when the Assembly asked the Commission on Human Rights to draft a declaration and a convention on the elimination of religious intolerance. In 1965, the Commission adopted a draft convention with a preamble and 12 articles, but without implementation measures. The Commission did not address the issue again until 1972 when they resumed work on the convention. Their accomplishments were adopted by the Assembly with resolution 36/55, which enacted the Convention, entitled "Declaration on All Forms of Religious Intolerance and Discrimination Based on Religion or Belief."

In 1982, the Assembly invited governments to ensure wide publicity for the Declaration and asked the Commission on Human Rights to consider additional measures to implement the Declaration. In an effort to ensure that these goals were accomplished, the Economic and Social Council convened seminars in 1984 and 1985 to promote understanding, tolerance and respect for freedom of religion and belief.

In the first report on religious freedom called for in the Declaration (E/CN.4/1987/35) the Special Rapporteur for the Human Rights Commission stated that there existed a contradiction between what was written and what was done. He pointed out that many nations technically allow freedom of religion in their constitution, but forbid it in law or practice. In some instances the right to freedom of thought, conscience and religion was repressed at its very core by banning any manifestation of religion or belief. In other cases, the enjoyment of the right was impeded in one of its specific manifestations, such as certain acts of worship. Many measures and actions, he argued, were inconsistent with the provisions of the 1981 Declaration. All beliefs or religions practiced some form of intolerance, or were, at least in certain regions, subjected to it.

As a result of their observations the Human Rights Commission has called for a framework in which some progress on the issue may be achieved. The Commission has called for the creation of an ombudsman or a commission for religious matters. They believe that through dialogue with governmental, non-governmental and religious organizations, ways may be found to combat discrimination and intolerance in matters of religion or belief. Additional suggestions included informing victims of intolerance of the ways to avail themselves of legal remedies, and promoting education, beginning in early childhood, aimed at inculcating, "a spirit of tolerance and respect for thes of others."

Recent resolutions include:

41/112, "Elimination of all forms of religious intolerance"

43/108, "Elimination of all forms of religious intolerance"

RACISM, RACIAL DISCRIMINATION, PERSECUTION AND APARTHEID

The majority of the work of the United Nations in the general field of discrimination has been in the area of racial discrimination. The United Nations has engaged in several major studies of racial discrimination and the effects of racial discrimination. Their efforts in this area have resulted in among others:

The United Nations Declaration on the Elimination of All Forms of Racial Discrimination;

The International Convention on the Elimination of All Forms of Racial Discrimination;

The UNESCO Declaration on Race and Racial Prejudice;

The International Year for Action to Combat Racism and Racial Discrimination (1971);

The Decade for Action to Combat Racism and Racial Discrimination (1972-1982);

The World Conference to Combat Racism and Racial Discrimination (held in 1978 and 1983).

The United Nations has placed particular emphasis on attempts to end the practice of apartheid. Apartheid is a state imposed system of institutionalized racial discrimination and segregation practiced in South Africa since 1948. Under the system, black South Africans are denied fundamental rights and liberties. They are not allowed to participate in the political life of the country and are subject to hundreds of repressive laws and regulations.

The United Nations first addressed the issue of apartheid in 1960 when it termed "apartheid a crime against the conscience and dignity of mankind."

In 1974 the General Assembly created the 18 member Special Committee Against Apartheid to keep South Africa's racial policies under review, and report to the Assembly and/or the Security Council. Later the Committee was asked to analyze the international repercussions of apartheid as well.

The United Nations ratified the International Convention on the Suppression and Punishment of the Crime of Apartheid in 1976. The Convention included, in Article II, those acts which it held to be repugnant to the International Convention on the Prevention and Punishment of the Crime of Genocide. The acts included:

Denial to a member or members of a racial group or groups of the right to life and liberty of person;

Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

Any measure calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country, and the deliberate creation of conditions preventing the full development of such a group or groups;

Any measures designed to divide the population along racial lines; Exploitation of the labor of the members of a racial group;

Persecution of organizations and person because they oppose apartheid.

Recent resolutio91 "Second Decade to Combat Racism and Racial Discrimination;"

43/96 "Report of the Committee on the Elimination of Racial Discrimination;"

43/97 "Status of the International Convention on the Suppression and punishment of the Crime of Apartheid."

DISCRIMINATION AND INTOLERANCE IN PARTICULAR FIELDS

A number of international instruments aimed at eradicating discrimination in particular fields, such as education and employment have been prepared and adopted by the specialized agencies of the United Nations. They include:

The Equal Remuneration Convention (1951 - ILO);

The Discrimination (Employment and Occupation) Convention (1958 - ILO);

The Convention and Recommendation against Discrimination in Education (1960 - UNESCO);

The Protocol Instituting a Conciliation and Good Offices

Commission to be responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education (1962 - UNESCO).

During the Thirty-fifth anniversary of the Universal Declaration of Human Rights, the Third Committee performed an updated study on trends in human rights and problems still being encountered. The report on international conditions and human rights (document A/38/511) contained several portions of particular interest to the issue of discrimination and intolerance in particular fields. An accompanying report (document A/38/416) supplied information on national institutions for the promotion and protection of human rights. Protective institutions include: Judicial institutions, non-judicial organs that supervise observance of the law, human rights commissions and similar bodies, legal counseling, legislative organs, and non-governmental organizations, including trade unions, information and education institutions, health care systems, social security and welfare programs, employment boards, and children's rights and racial equality groups.

The report went on to mention favorably the progress of such groups, noting that there has been a "trend towards the entrenchment of human rights guarantees" in constitutions, and strengthening of judicial controls in that in the field appears to have occurred, in large measure, because of the wider participation of groups and individuals in processes related to achievement of human rights. Most of the publicity about human rights, world-wide, has not come in relationship to discrimination in particular fields. It appears that discrimination in education and the work place touches individuals directly, often spurring them to action in small but significant ways. The cumulative action of groups, such as educational rights groups and labor organizations, has brought about significant extensions of human rights in many countries. Recent changes in Poland are an example of this trend.

Recent resolutions in this area include:

41/98 "Efforts and measures for securing the implementation and the enjoyment by youth of human rights, particularly the right to education and to work."

DISCRIMINATION AGAINST INDIGENOUS POPULATIONS

In 1971 Economic and Social Council authorized the Sub-Commission on Prevention of Discrimination and Protection of Minorities to make a complete study of the problem of discrimination against indigenous populations. The Sub-Committee continued its work throughout the 1970's and presented its final report in 1983. The Sub-Commission has emphasized the need to define indigenous populations from an international viewpoint, and paid special attention to cases of physical destruction of indigenous communities (genocide) or destruction of indigenous cultures (ethnocide).

The United Nations has established an Indigenous Populations Fund. The Fund, established in 1985, provides financial assistance to representatives of indigenous communities and organization so they can participate in deliberations of the Working Group on Indigenous Populations.

Recent Resolutions include:

41/147, "Status of the Convention on the Prevention and Punishment of the Crime of Genocide."

43/138 "Status of the Convention on the Prevention and Punishment of the Crime of Genocide"

Sources

1. Schifter, Richard, "Human Rights and U.S. Foreign Policy,"
2. United States Department of State, Current Policy No. 962, May 18, 1987.
3. Basic Facts About the United Nations, United Nations Department of Public Information, 1987.
4. United Nations Action in the Field of Human Rights, United Nations: NY. 1983.
5. UN Chronicle, Vol. XXI, No. 1, 1984.
6. UN Chronicle, Vol. XXI, No. 2, 1984.
7. UN Chronicle, Vol. XXII, No. 3, 1985.
8. UN Chronicle, Vol. XXII, No. 5, 1985.
9. UN Chronicle, Vol. XXII, No. 10/11, 1985.
10. UN Chronicle, Vol. XXIII, No. 2, 1986.
11. UN Chronicle, Vol. XXIII, No. 3, 1986.
12. UN Chronicle, Vol. XXIII, No. 4, 1986.
13. UN Chronicle, Vol. XXIV, No. 2, 1987.
14. UN Chronicle, Vol. XXIV, No. 4, 1987.S

See also:
International Covenant on Civil and Political Rights, a 53 article Covenant which entered into force in 1976.

TIME LINE OF MAJOR UNITED NATIONS ACTIONS TO DEAL WITH APARTHEID

1960- The Security Council considered, "the situation arising out of the large scale killings of unarmed and peaceful demonstrators against racial discrimination and segregation." The Council stated that the situation in South Africa had led to international friction and, if continued, might endanger international peace and security.

1962- The General Assembly asked Member States to break off diplomatic relations with South Africa, boycott South African goods, and refrain from all exports to South Africa, including armaments. They established the Special Committee Against Apartheid and the Centre against Apartheid.

1963- The Security Council instituted a voluntary arms embargo against South Africa. The Council and the Assembly asked South Africa to grant unconditional release to all persons imprisoned for having opposed apartheid.

1965- The Assembly established the United Nations Trust Fund for South Africa, which makes grants to organizations working to end apartheid.

1970- The Security Council condemned violations of the arms embargo and called upon all States to strengthen and implement it unconditionally. The Asses to terminate official relations and cooperation with South Africa, and condemned the establishment and forcible removal of 3 million Africans to the so-called "homelands" (bantustans) as a violation of their inalienable rights.

1972- The Security Council recognized the legitimacy of the anti-apartheid struggle and requested all States to adhere strictly to the arms embargo.

1973- The Assembly adopted the International Convention on the Suppression and Punishment of the Crime of Apartheid, and established the Trust Fund for Publicity against Apartheid.

1974- The Assembly invited representatives of South African liberation movements recognized by the Organization of African Unity (OAU) to participate in debates on apartheid in Special Political Committee. It recognized the African National Congress (ANC) and the Pan Africanist Congress of Azania for this purpose.

1975- The Assembly proclaimed that the United Nations and the international community had a special responsibility towards the oppressed people of South Africa and their liberation movements and towards those imprisoned, restricted or exiled for their struggle against apartheid.

1976- The Security Council condemned South Africa's aggression against Angola and attack against Zambia, and insisted that they desist from using the international Territory of Namibia as a base for launching armed attacks against neighboring states. In response to the deaths in Soweto, 16 June was proclaimed International Day of Solidarity with the Struggling People of South Africa, and 11 October as the Day of solidarity with South African Political Prisoners.

1977- The Security Council made the arms embargo mandatory. The Assembly adopted the International Declaration against Apartheid in Sports and asked the Council to consider mandatory economic sanctions against South Africa.

1979- The Assembly asked the Security Council to consider mandatory embargo on oil and oil products.

1983- A series of regional conferences against apartheid were held. They declared that "only the total eradication of apartheid and the establishment of a non-racial democratic society based on majority rule, through the full and free exercise of adult suffrage by all the people in a united and non-fragmented South Africa, can lead to a just and lasting solution of the explosive situation in South Africa."

1984- Several conferences were held. The Assembly rejected the new South African Constitution which created a racially segregated tricameral Parliament.

1985 - The Council condemned the Pretoria regime for killing defenseless African people protesting against their forced removal and arbitrary arrests. The Council condemned South African attacks on Botswana, Angola and Lesotho and the establishment of a state of emergency in 36 South African districts. The Council also urged Member States to suspend all new investment in South Africa, prohibit the sale of coins minted there, restrict sports and cultural relations, suspend guaranteed export loans, prohibit all new nuclear contracts and prohibit sales of computer equipment that could be used by the army or police.

1986- The World Conference on Sanctions against Racist South Africa reviewed developments since 1981. The Council condemned the imposition of the nation-wide state of emergency, moved to make selective economic and other sanctions mandatory, urged the U.S. and U.K. to reassess the positions on the issue and set up an Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa.

1987 - The Security Council expressed deep concern with prohibitions of all forms of protest and detentions without trial.

(Source: Basic Facts About the United Nations, 1987.)