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Summary: 26 November 2007, New York — Explanation of Vote before the vote by Caroline Lopes, Assistant Adviser, Permanent Mission of Portugal to the United Nations on behalf of the European Union, United Nations 62nd Session of the General Assembly, L.61- Draft Resolution on the «Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance»

Mr. Chairman,

I have the honour to speak on behalf of the European Union. The Candidates Countries the Former Yugoslav Republic of Macedonia and Croatia, the Stabilisation and Association Process Countries of Albania, Serbia and Montenegro as well as the Republic of Moldova and Georgia also align themselves with this statement.

As this draft comes to action, the European Union would like to reiterate its strong commitment to the global fight against racism, racial discrimination, xenophobia and related intolerance.

We believe that Neo-Nazism is a particularly abhorrent manifestation of racism and xenophobia that must be combated firmly by all of us. It still exists, unfortunately, in many of our societies, including within the EU and in some of the main sponsors of this resolution, as pointed out by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in his latest report. The threat of neo-Nazism needs to be tackled within comprehensive efforts to eliminate all forms of racism and xenophobia by effective measures at the national, regional and international level, including through the full implementation of the ICERD and of the Durban Declaration and Programme of Action.

The ideas that neo-Nazism tries to undermine, namely that all men and women are born free and equal in dignity and in rights, are in the core of what the United Nations stands for. The combat against neo-Nazism, as well as other manifestations of racism and xenophobia, must therefore be a common and consensual priority for all of us. It should not be used for extraneous purposes, thereby diluting the significance of these issues, but, quite the opposite, serve to unite us all in our common goal of eliminating racism from our societies.

For these reasons, the EU participated actively in the informal consultations with the main sponsors of this draft resolution in order to find ways to ensure it would present a real and serious response to contemporary forms of racism, racial discrimination, xenophobia and related intolerance. We acknowledge the willingness of the main sponsors to negotiate and address some of the concerns expressed by the EU and other delegations. However, most of the reasons that have previously led to the EU not to be able to support this initiative in the past still remain:
— Instead of comprehensively addressing the human rights concerns related to racism and racial discrimination, one of the most serious of which is the resurgence of racist and xenophobic violence, as also noted by the Special Rapporteur, the draft resolution continues to have a selective and unsubstantiated focus, disregarding these serious concerns and in effect deflecting attention from them.

— Additionally, as in previous years, the EU would have liked to seen the inaccurate citations of the Judgement of the Nuremberg Tribunal in this text rectified.
Therefore, we have proposed that this draft resolution adopted a more comprehensive, objective and legally appropriate approach that can provide real added value to the global fight against racism, racial discrimination, xenophobia and related intolerance.
— Another matter of concern relates to the view taken in this resolution for addressing such practices. The EU fully agrees on the need to combat manifestations of racism, racial discrimination, xenophobia and related intolerance. But, to be effective, this combat must be in line with the provisions of art. 4 and 5 of the ICERD and cannot undermine human rights and fundamental freedoms as defined by international human rights law. This fundamental principle should, in our view, be better reflected in the draft that has been presented to us.
For the reasons explained, Mr. Chairman, the European Union will abstain on the draft resolution on the «Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance».

Thank you, Mr. Chairman.

* Ref: PRES07-323EN
* EU source: EU Presidency
* UN forum: Third Committee (Social, Humanitarian and Cultural Affairs)
* Date: 26/11/2007

Европейский союз хотел бы вновь подтвердить свою твердую приверженность глобальной борьбе против расизма, расовой дискриминации, ксенофобии и связанной с ними нетерпимости.

Борьба против нео-нацизма, а также других проявлений расизма и ксенофобии, должна быть общим и согласованным приоритетом для всех нас. Она не должна быть использована для посторонних целей, тем самым разбавляя значение этих вопросов, но, наоборот, служить объединению всех нас в нашей общей цели искоренения расизма в наших обществах.

— Another matter of concern relates to the view taken in this resolution for addressing such practices. The EU fully agrees on the need to combat manifestations of racism, racial discrimination, xenophobia and related intolerance. But, to be effective, this combat must be in line with the provisions of art. 4 and 5 of the ICERD and cannot undermine human rights and fundamental freedoms as defined by international human rights law. This fundamental principle should, in our view, be better reflected in the draft that has been presented to us.

For the reasons explained, Mr. Chairman, the European Union will abstain on the draft resolution on the «Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance».

16 November 2010- EU Explanation of vote — Third Committee -65th UNGA
EU Explanation of vote on “Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance”

Mr. Chairman,

I have the honour to speak on behalf of the European Union. The Candidate Countries Croatia, the former Yugoslav Republic of Macedonia, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, and the EFTA countries Norway, members of the European Economic Area, as well as Ukraine, the Republic of Moldova, and Georgia align themselves with this declaration.

As this draft comes to action, the European Union would like to reiterate its strong commitment to the global fight against racism, racial discrimination, xenophobia and related intolerance. We believe that Neo-Nazism is a particularly abhorrent manifestation of racism and xenophobia that must be combated firmly by all of us. It still exists, unfortunately, in many of our societies, including within the EU, as well as in those of some of the main sponsors of this resolution. The threat of neo-Nazism needs to be tackled within comprehensive efforts to eliminate all forms of racism and xenophobia by effective measures at the national, regional and international level, including through the full implementation of the ICERD and of the Durban Declaration and Programme of Action. The values that neo-Nazism seeks to undermine, namely that all men and women are born free and equal in dignity and in rights, are at the core of what the United Nations stands for.

The EU therefore remains convinced that the fight against all manifestations of racism and xenophobia, including neo-Nazism must be a common and consensual priority for all of us. It should not be used for extraneous purposes, thereby diluting the significance of these issues. Quite the opposite, it should serve to unite us all in our common goal of eliminating racism from our societies.

For all these reasons, the EU expressed its strong readiness to participate actively in the informal consultations with the main sponsors of this draft resolution. The EU wishes to give its contribution to ensure that the draft resolution would represent a real, serious, comprehensive and credible response to contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

Therefore, similarly to previous years the EU presented several proposals and amendments to the draft. Regarding OP 21, the EU acknowledges the improvement of the text, which is now referring to the implementation of the whole Convention the Elimination of Racial Discrimination, and not only to a specific article; in our view, it is essential to take into consideration the whole Convention while combating racism, racial discrimination, xenophobia and related intolerance.

The EU notes however that the rest of our suggestions were not taken into consideration in the text before us and remains concerned about the approach taken in this resolution. The EU regrets that, as in previous years, some of our most serious concerns have not been addressed. This applies, among other issues, to the approach taken in the resolution with regard to the freedom of expression.

Given the importance of the fight against racism, the EU regrets the lack of a more comprehensive and in-depth examination of all proposals submitted from different delegations, which, we believe, would have helped to arrive at a better text… Allow me, Mr. Chairman to reiterate the EU's position on some issues that continue to appear in the draft and on which our proposals unfortunately have not been taken into consideration:

• As in previous years the draft resolution instead of comprehensively addressing the human rights concerns related to racism and racial discrimination, one of the most serious of which is the resurgence of racist and xenophobic violence, continues to be selective, disregarding these serious concerns and in effect deflecting attention from them. Therefore, we have proposed that this draft resolution adopted a more comprehensive, objective and legally appropriate approach that can provide real added value to the global fight against racism, racial discrimination, xenophobia and related intolerance.

• Another matter of concern relates to the view taken in this resolution for addressing such practices. The EU fully agrees on the need to combat manifestations of racism, racial discrimination, xenophobia and related intolerance. In our view this combat must be in line with the provisions of Article 4 and 5 of ICERD and cannot undermine human rights and fundamental freedoms as defined by international human rights law. This fundamental principle should, in our view, be better reflected in the draft that has been presented to us.

• The EU would have liked to see the inaccurate citations of the Judgement of the Nuremberg Tribunal in this text rectified. Expressing this concern repeatedly, the EU has some difficulties to understand the reluctance to address this issue, as we are proposing a precise quotation of the Judgement.

• Furthermore, we note that the Special Rapporteur has already been requested by the Human Rights Council to regularly report to the Council and the General Assembly. These reports should enable the Special Rapporteur to comprehensively address the contemporary forms of racism, racial discrimination and xenophobia. The request contained in the resolution would, in the view of the EU, strongly undermine this comprehensive approach. We are convinced that this issue is sufficiently covered within the existing mandate and reporting of the SR. The EU remains strongly committed to combating contemporary forms of racism, racial discrimination, xenophobia and related intolerance and remains ready to work on a text, which would make a strong contribution to combating these serious problems.

For these reasons, Mr. Chairman, the European Union will abstain on the draft resolution on the “Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance”. Thank you, Mr. Chairman.

Explanation of Vote by John F. Sammis, Deputy Representative to ECOSOC, on Third Committee resolution A/C.3/66/L.60 «Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance

John F. Sammis
United States Deputy Representative to ECOSOC
U.S. Mission to the United Nations
New York, NY
November 17, 2011

AS DELIVERED

Mr. Chairman,

The United States supports many elements of this resolution. We join other members of the Third Committee in expressing revulsion at any attempt to glorify or otherwise promote Nazi ideology. The United States has been a strong supporter of the UN's efforts to remember the Holocaust and has a deep commitment to honoring the memory of the millions of lives lost. We also condemn without reservation all forms of religious intolerance or hatred.

We remain concerned, however, that the resolution fails again this year to distinguish between actions and statements that, while offensive, should be protected by freedom of expression, and criminal actions motivated by bias that should always be prohibited. The United States shares the concern expressed in this resolution regarding increases in the number of racist incidents expressed in any medium or forum, including on the Internet.

However, we do not consider curtailing expression to be an appropriate or effective means of combating racism and related intolerance. Rather, it is our firm conviction, as reflected in the U.S. Constitution and laws of the United States, that individual freedoms of speech, expression and association should be robustly protected, even when the ideas represented by such expression are full of hatred. It is for this reason that the United States has taken a reservation to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. We remain convinced of the need for this reservation.

In a free society hateful ideas will fail on account of their own intrinsic lack of merit. The best antidote to intolerance is not criminalizing offensive speech but rather a combination of robust legal protections against discrimination and hate crimes, proactive government outreach to minority religious groups, and the vigorous defense of both freedom of religion and freedom of expression.

Thank you, Mr. Chairman.

Rather, it is our firm conviction, as reflected in the U.S. Constitution and laws of the United States, that individual freedoms of speech, expression and association should be robustly protected, even when the ideas represented by such expression are full of hatred.

In a free society hateful ideas will fail on account of their own intrinsic lack of merit.

Подобный подход уже один раз привел к власти Гитлера

присоединиться к резолюции, которая эти полные ненависти проявления «свободы мнений»… лишь осуждает

Да-да. Именно так и бывает. Логика как у преподавателя(писателя)-идеалиста.

Гитлера привела к власти из объективных причин Великая Депрессия, люмпенизировавшая существенную часть немецкого общества

Вы саму резолюцию-то читали? Уверен что нет.
Там требуется объявить противозаконным, караемым как уголовное преступление распространение идей, а также участие в организациях, причем не конкретно нацистских или каким-то образом привязываемых к нацистским, а в целом в расплывчатой формулировке «поощряющих и выступающих в пользу национальной, расовой или религиозной ненависти». То есть распространить российский закон о противодействии экстремизму на весь мир, и вязать под него любых несогласных, например, с незаконной иммиграцией или с навязыванием исламских ценностей.
Немудрено, что США и ЕС с таким неконкретным, но чрезвычайным подходом не согласны.

Там требуется объявить противозаконным, караемым как уголовное преступление распространение идей, а также участие в организациях, причем не конкретно нацистских или каким-то образом привязываемых к нацистским, а в целом в расплывчатой формулировке «поощряющих и выступающих в пользу национальной, расовой или религиозной ненависти».

The United States supports many elements of this resolution. We join other members of the Third Committee in expressing revulsion at any attempt to glorify or otherwise promote Nazi ideology. The United States has been a strong supporter of the UN's efforts to remember the Holocaust and has a deep commitment to honoring the memory of the millions of lives lost. We also condemn without reservation all forms of religious intolerance or hatred.

Но в итоге то все равно Гитлер пришел к власти через выборы? Разве нет? Мало ли какая там была депрессия, как лоханулись коммунисты

ЕС и США должны принять эту резолюцию. Все равно исполнять ее они все будут в рамках своего законодательства

Тем более резолюция своей целью имеет Прибалтику и тому подобные страны