Inter-sessional open ended Intergovernmental Working Group of the Durban Review Conference Preparatory Committee

Joint Statement by the World Jewish Congress (WJC), the European Jewish Congress (EJC), Jewish Human Rights Coalition - UK and CBJO

Comments on Sections 1

Thursday, January 22, 2009

The World Jewish Congress, the European Jewish Congress, the Jewish Human Rights Coalition - UK in conjunction with the Consultative Body of Jewish Organisations, are committed to the Durban Review Process and contributing to the successful and positive implementation of a genuine global anti-racism framework.

In relation to the proposed text on section 1, we are concerned by several issues particularly those relating to freedom of speech, the Holocaust, anti-Semitism and the worrying politicization of this crucial anti-racism process. This direction threatens to undermine the very success of this important process.

We believe that upholding the fundamental principle of freedom of speech and expression is of the utmost importance. Whilst the right to freely express one self is important we recognize it should be exercised in respectful balance with other rights. Freedom of expression serves as a precondition for the exercise of many other rights, and must be upheld to serve as a beacon against racism. In that regard, we reject attempts to connect the issue of defamation of religion and racism. Indeed it is the obligation of states to protect the rights of people, regardless of whether they are members of a religious group or not and regardless of their faith or other beliefs. Such attempts to connect defamation of religion and racism are a serious threat to the freedom of expression and are in contrast to existing international standards. Any inclusion of such text threatens to undermine the basic existing principles which are so very central to the global human rights agenda.

We also find the text referring to the Middle East contained in paragraphs 30 to 34 as unproductive contributions which conflict with the potential success of the Durban Review Conference to achieve meaningful progress in tackling racism, discrimination, xenophobia, and related intolerance. These paragraphs, that make reference to a specific region in the context of political conflict, unnecessarily politicize the anti-racist agenda. The politicization of the text and the singling-out of one particular conflict, gives preference and precedence to one group over another and establishes a dangerous hierarchy. The text contained in paragraphs 30-34 leads to polarization among countries, rather than unity in addressing the real issues. Political disputes should be and are dealt in the appropriate UN bodies. The text must remain true to the stated aims of the original Durban Process - to discuss themes of racism and not specific geographical examples. These paragraphs have no place in the text.

On the issues of anti-Semitism, Holocaust denial and Holocaust commemoration (art. 29), we sadly note with concern the reduction and dilution of the current text compared to the earlier October text which included many positive paragraphs from the EU contribution document on these issues. This dilution is alarming particularly in the current climate in which we are seeing a concerning rise of anti-Semitic incidents taking place across Europe and throughout the world, as well as a growing trends of  Holocaust denial. Furthermore, while anti-Semitism, Holocaust denial and Holocaust commemoration are related issues, they are also very different issues, and the revised text fails to reflect that. We suggest that text is added which ensures that all three issues are explicitly and appropriately included, and we support in the strongest terms the new paragraph proposed by the EU today. We believe that the Holocaust and its commemoration is an important lesson to humanity, which transcends beyond one particular group. Further implementation of the DDPA paragraph on this could benefit many victims groups of racism and discrimination around the world today.

Lastly, in addition to our comments on contentious issues in the text that we have already raised, there is also a need for further positive text to be included on a variety of important issues.  From the Jewish perspective, as a victim group of racism and discrimination ourselves, we empathize with other victim groups and as such we are deeply concerned by minimal recognition and attention paid in the current draft to discrimination and racism against Roma/ Gypsies/ Sinti people and migrants, as well as discrimination based on sexual orientation.  Moreover we hope that this process can go one step further and in Section 5 identify concrete measures that can really make progress in the implementation of such concepts with the view to practically benefit victim groups worldwide.