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International Day for the Elimination of Racial Discrimination
by ECRI, ODIHR & FRA
European Union
 
21 March 2009
 
Joint statement on the occasion of the International Day for the Elimination of Racial Discrimination.
 
The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), the Council of Europe’s European Commission against Racism and Intolerance (ECRI) and the European Union Agency for Fundamental Rights (FRA) today issued a joint call on governments, intergovernmental organisations and civil society to intensify efforts in addressing racism and xenophobia.
 
As we commemorate today the tragic events of 1960 in Sharpeville and the 40 th anniversary of the entry into force of the International Convention on the Elimination of All Forms of Racial Discrimination, we are concerned that the current economic crisis is beginning to fuel racist and xenophobic intolerance across the region.
 
Our organisations are alarmed by reports indicating an upsurge in violent attacks targeting migrants, refugees and asylum-seekers, and minorities such as the Roma. Europe’s history demonstrates how economic depression can tragically lead to increasing social exclusion and persecution.
 
We are concerned that in times of crisis, migrants, minorities and other vulnerable groups become ‘scapegoats’ for populist politicians and the media. Such ‘scapegoating’ has already led to increased hostility and incidents of violent hate crime against minorities and migrants in some countries. As the economic crisis deepens, there is a great need for politicians and other public figures to carefully consider their statements to avoid inciting and inflaming ethnic, racial and religious tensions.
 
All forms of intolerance must be addressed head-on in an even-handed and balanced manner, guaranteeing protection from human rights violations for everybody in society. All acts of hate crime have a far-reaching impact on victims and their communities and require equal attention and commitment when being addressed.
 
We, the signatories of this statement: call on political leaders and other public figures to speak out against all forms of violence motivated by racial hatred or xenophobia, and to act responsibly and refrain from providing simplistic explanations with racist, xenophobic or anti Semitic connotations to complex social, political and economic problems or phenomena.
 
We encourage governments to provide specific training to law enforcement personnel, prosecutors and the judiciary in order to enhance their effectiveness in dealing with racist, xenophobic and other hate crimes.
 
Call on governments to co-operate closely with civil society in the monitoring of racist, xenophobic and other hate crimes, and intensify their efforts to collect data and statistics on such crimes and incidents.
 
We emphasize that governments must ensure that victims of discrimination and hate crime have access to effective remedies to address grievances.
 
Human rights institutions, specialized bodies and victim support organisations must be granted sufficient independence, adequate resources and strong competences to help advance the combat against discrimination.
 
We warn against cutting back essential social protection and inclusion programmes, which can have a disproportional negative impact on marginalized minority and migrant groups already suffering from precarious living conditions.


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Better use of the law can end violence, discrimination against women
by Asha-Rose Migiro
Commission on the Status of Women
 
March 2009
 
UN Deputy Secretary-General Asha-Rose Migiro urged effective use of national legal systems to eliminate discrimination, promote gender equality and stop violence against women, at the 53rd session of the Commission on the Status of Women (CSW) today.
 
“A legal framework that ensures the promotion and protection of women’s rights is crucial,” Ms. Migiro told a joint panel of the CSW and the Commission on Crime Prevention and Criminal Justice.
 
Over the past two decades, she said, many States have adopted or improved legislation to prevent and respond to violence against women, to guarantee equality between women and men and to prohibit discrimination on the basis of gender, she said.
 
In addition, discriminatory provisions in civil, family and personal status laws are being repealed, she said.
 
However, the official said, there are important gaps, with States throughout the world still failing to live up to their international obligations and commitments. “Too many perpetrators are not held accountable. Impunity persists,” she said.
 
The Secretary-General’s Study from 2006 found that many States have yet to adopt legislation that criminalizes all forms of violence against women or on human trafficking.
 
In too many places, Ms. Migiro said, marital rape is still not a prosecutable offence, noting that perpetrators of rape who marry their victims can have their sentence reduced or mitigated in those jurisdictions.
 
In some places, she added, they may also invoke a defence of “honour” to justify acts of violence against women, and definitions of rape still tend to be based on the use of force rather than the absence of consent.
 
Those situations must be changed, Ms. Migiro said, adding that countries must also enforce their laws and allocate resources to combat the problem, making sure that personnel and officials working in the field have the skills, capacity and sensitivity to apply the spirit and letter of the law.
 
“Above all,” she stressed, “we can never allow violence against women to be dismissed as a private matter. Just the opposite; we must harness the power of the State to punish and prevent all forms of violence against women.”


 

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