Durban Strategy
Encyclopedia
The 2001 World Conference against Racism
World Conference against Racism
The World Conference against Racism are international events organised by the UNESCO to struggle against racism ideologies and behaviours. Four conferences have been held so far, in 1978, 1983, 2001 and 2009...

 (WCAR)
, also known as Durban I, was held at the Durban International Convention Centre
Durban International Convention Centre
The Durban International Convention Centre is a large convention centre in Durban, South Africa.The venue has hosted the International AIDS Conference in 2000, the Commonwealth Heads of Government Meeting 1999, and the Non-Aligned Movement in 2004...

 in Durban
Durban
Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...

, South Africa, under UN auspices, from 31 August to 8 September 2001.

The conference dealt with several controversial issues, including compensation for slavery and the actions of Israel. The language of the final Declaration and Programme of Action produced by the conference was strongly disputed in these areas, both in the preparatory meetings in the months that preceded the conference and during the conference itself.

Two delegations, the United States and Israel, withdrew from the conference over objections to a draft document equating Zionism
Zionism
Zionism is a Jewish political movement that, in its broadest sense, has supported the self-determination of the Jewish people in a sovereign Jewish national homeland. Since the establishment of the State of Israel, the Zionist movement continues primarily to advocate on behalf of the Jewish state...

 with racism. The final Declaration and Programme of Action did not contain the text that the U.S. and Israel had objected to, that text having been voted out by delegates in the days after the U.S. and Israel withdrew.

In parallel to the conference, a separately held NGO Forum also produced a Declaration and Programme of its own, that was not an official Conference document, which contained language relating to Israel that the WCAR had voted to exclude from its Declaration, and which was criticized by then United Nations High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights
The Office of the United Nations High Commissioner for Human Rights is a United Nations agency that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948...

 Mary Robinson
Mary Robinson
Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate...

 and many others.

The NGO Forum ended in discord. Mary Robinson lost the support of the United States in her office of High Commissioner, and many of the potential political aftereffects of the conference were annulled by the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...

. The attacks took place just three days after the conference ended, entirely eclipsing it in the news, and significantly affecting international relations and politics. The conference was followed by the 2009 Durban II conference in Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...

, which was boycotted by ten western countries. A commemmorative Durban III
Durban III
Durban III is an informal name for a high-level United Nations General Assembly meeting marking the 10th anniversary of the adoption of The Durban Declaration and Programme of Action that was held in New York City on 22 September 2011...

 conference scheduled to take place in 2011 in New York has also drawn significant criticism and will be boycotted by the UK, US, Canada and Israel.

Preparations

The conference was authorized by United Nations General Assembly Resolution
United Nations General Assembly Resolution
A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly.General Assembly resolutions usually require a simple majority to pass...

 #52/111. Prior to the conference various preparatory meetings (PrepComs) were held in order to identify conference themes and to create initial drafts of the Declaration and Programme of Action. These PrepComs encountered difficulties from the start.<ref name=Schechter>

The first problem was the question of what the conference theme was to be. The Western European states, along with the United States, Canada, Australia, New Zealand, and Japan, all wanted the conference objectives to be those given in the authorizing resolution. The Africa Group, the Latin American states, and the Caribbean states wanted the conference objectives to go beyond what was in the resolution, and include items dealing with regional, national, and international measures for compensation for colonialism and slavery.

Prior to the conference, there were also four Regional Conferences, in Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...

, Santiago
Santiago, Chile
Santiago , also known as Santiago de Chile, is the capital and largest city of Chile, and the center of its largest conurbation . It is located in the country's central valley, at an elevation of above mean sea level...

, Dakar
Dakar
Dakar is the capital city and largest city of Senegal. It is located on the Cap-Vert Peninsula on the Atlantic coast and is the westernmost city on the African mainland...

, and Tehran
Tehran
Tehran , sometimes spelled Teheran, is the capital of Iran and Tehran Province. With an estimated population of 8,429,807; it is also Iran's largest urban area and city, one of the largest cities in Western Asia, and is the world's 19th largest city.In the 20th century, Tehran was subject to...

.

The Durban Declaration and Programme of Action

The Durban Declaration and Programme of Action was adopted by the governmental delegates attending the Conference at the International Convention Centre.

Compensation for Colonialism and Slavery

The issue of Compensation for Colonialism and Slavery is addressed in ¶ 13, ¶ 14, ¶ 15, and ¶ 29 of the Declaration. It was one of the most controversial issues debated at the conference, one that had the potential to derail the entire conference. It was dealt with cleverly in the Declaration, containing rhetoric that satisfied the African bloc, without applying retroactively against the descendants of colonizers the principle of crimes against humanity and without establishing a clear responsibility for reparations on the parts of former colonial states.

The wording of the Declaration struck a delicate balance. Whilst acknowledging historic and contemporary practices of slavery and the slave trade as morally outrageous, and something that would be a crime against humanity today, it did not apply that legal principle to an era before the principle actually existed.

One of the contentious points at the conference related to the issue was that of apartheid. During the preparatory processes of the conference, South Africa stressed that it did not want to link compensation to apartheid. At the Tehran Regional Conference, a paragraph making such a link was inserted by Asian governments. This was deleted at the request of the South African delegation. Linking compensation to apartheid had the potential to polarize South African society, and produce the same effects as had the controversial land reform programmes in Zimbabwe
Land reform in Zimbabwe
Land reform in Zimbabwe officially began in 1979 with the signing of the Lancaster House Agreement, an effort to more equitably distribute land between the historically disenfranchised blacks and the minority-whites who ruled Zimbabwe from 1890 to 1979...

. Domestic political pressures, and the aim of the South African government to foster reconciliation within the country, made South Africa's position difficult.

The issue of compensation was thus a complex one, that was exacerbated by the President of Senegal, Abdoulaye Wade
Abdoulaye Wade
Abdoulaye Wade is the third and current President of Senegal, in office since 2000. He is also the Secretary-General of the Senegalese Democratic Party and has led the party since it was founded in 1974...

, calling campaigns to demand compensation for colonialism and slavery "childish".

The earliest point at which the issue of compensation caused problems was during preparations in May 2001, when delegations came to the decision of where to place it on the agenda. At the time, the fourth item on the agenda, out of five items, was "Provision of effective remedies, recourses, redress, compensatory, and other measures, at the national, regional, and international levels". The European Union, represented by Portugal, wanted to place the entire language in brackets. The United States just wanted to place the word "compensatory" in brackets. The African Group, Armenia, and Cuba strongly objected to both proposals, with the African Group stating that if the topic were placed in brackets, they would move for the entire text to be placed in brackets also. In the end, the U.S. proposal was adopted, with the addition of a statement in the report indicating the different perspectives on the exact meaning of those brackets. Western European states discussed informally amongst themselves, outside of the formal preparatory proceedings, what measures and levels of non-cöoperation they might adopt if the issue of compensation gained momentum at Durban itself.

Before the conference, the debate over compensation was seen as dealing with the transatlantic slave trade, and the colonization of Africa by Europeans, thus pitting Western European states (including the former colonial powers of Belgium, France, Germany, Italy, the Netherlands, Portugal, Spain, and the United Kingdom) and the United States against the African Group. The African Group was supported by Asia, Latin America, and the Caribbean.

Prior to the conference, on 2001-08-03, the African Group circulated a Non-Paper on the "Injustices of the Past", containing strong language but a generally reasonable position. To this paper the E.U. responded, on 2001-08-08, with a Non-Paper of its own that addressed most, but not all, of the issues in the African Group's paper. The United States circulated a Non-Paper as well, but this turned out to be less helpful than the E.U. one.

The African Group circulated a second Non-Paper on 2001-09-03 that was substantially stronger than its earlier one, with language shifts from "debt cancellation" to "immediate and unconditional cancellation of debt", emphasis upon crimes against humanity, and calls for reparation (something which the earlier paper had not included in part because of a U.S. demand, made at a preparatory meeting in Geneva, that such language be excluded from the text).

Several members of the African Group openly opposed calling for reparations. President Wade stated "We still suffer the effects of slavery and colonialism, and that cannot be evaluated in monetary terms. I find that not only absurd, but insulting.". Similarly, South Africa was more interested in devoting time and effort to more pragmatic ends, such as Western aid for the Millennium Africa Recovery Programme, which would be more palatable to the U.S. and the E.U.

A consensus on the reparations issue was reached by late August. On 2001-08-24 President of the United States George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 announced in a press conference that "the reparations issue has been solved — at least the last information I had was that the issue has … looks like it has been resolved", albeit that news media at the time failed to realize the significance of the comment. The U.S. walked out of the conference a few weeks later.

Draft text prior to the conference

During preparatory meetings in Geneva, text that linked Zionism
Zionism
Zionism is a Jewish political movement that, in its broadest sense, has supported the self-determination of the Jewish people in a sovereign Jewish national homeland. Since the establishment of the State of Israel, the Zionist movement continues primarily to advocate on behalf of the Jewish state...

 to racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...

 was placed in brackets, with the expectation that it would be replaced by text that referred to violations of the rights of Palestinians. The U.S. had already threatened to boycott the conference should the conference draft documents include text that could be in any way interpreted as linking Zionism to racism. Mary Robinson
Mary Robinson
Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate...

 had also said that regional political conflicts should not be imposed upon the agenda of the conference. The Australian, the Canadian, and some European delegations shared the U.S. view.

The Arab position was stated by the Secretary General of the Arab League
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...

, Amr Moussa
Amr Moussa
Amr Mohammed Moussa is an Egyptian politician and diplomat who was the Secretary-General of the Arab League, a 22-member forum representing Arab states, from 1 June 2001 until 1 June 2011. He is a candidate in the 2011 Egyptian presidential election....

: "Israel's racist actions against the Palestinian people have to be dealt with in an international conference that aims to eradicate racism. Arab countries are not expecting the Durban conference to be a venue for dealing with the Arab- Israeli peace process, but they certainly expect that the Israeli racist practices against the Palestinian people will not be overlooked."

The Arab delegates were not insistent upon language that specifically equated Zionism with racism. It had been suggested that they were trying to revive United Nations General Assembly Resolution 3379 (issued 1975, annulled 1991) which stated that "Zionism is a form of racism.". Their position was that they were, rather, trying to underline that the actions being committed by Israel against Palestinians were racist.

This stance was in part influenced by the U.S. threat of boycott, which would have made it impractical to insist upon harsh language condemning Israel or equating the suffering of the Palestinians with that of holocaust victims. According to one Arab diplomat, no Arab state except for Syria had insisted upon any language linking Israel to racist practices.

At the start of the Geneva meeting, text had been presented that comprised six bracketed paragraphs dealing with "Zionist racist practices", including an appeal for Israel "to revise its legislation based on racial or religious discrimination such as the law of return and all the policies of an occupying power which prevent the Palestinian refugees and displaced persons from returning to their homes and properties", and a suggestion for the need "to bring the foreign occupation of Jerusalem by Israel together with all its racist practices to an end".

By the end of the meeting, all of this text had either been removed or toned down. One such phrase removed was a mention of "holocausts" suffered by other peoples, which had been seen as an affront to the memory of the Jewish victims of the Nazi holocaust
The Holocaust
The Holocaust , also known as the Shoah , was the genocide of approximately six million European Jews and millions of others during World War II, a programme of systematic state-sponsored murder by Nazi...

. South African diplomats had already told Arab and Muslim countries that they would have to offer text that could describe the current situation without using such language as "ethnic cleansing practices against Palestinians".

Nonetheless, the United States, objecting to the remaining text, decided to send a low-level delegation, headed by Ambassador Michael Southwick, to the Conference, rather than have United States Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...

 Colin Powell
Colin Powell
Colin Luther Powell is an American statesman and a retired four-star general in the United States Army. He was the 65th United States Secretary of State, serving under President George W. Bush from 2001 to 2005. He was the first African American to serve in that position. During his military...

 attend himself. German officials criticized this decision, and the United States Congressional Black Caucus
Congressional Black Caucus
The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:...

 urged him to attend. The Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...

 urged him to stay away.

Withdrawal by Canada, U.S. and Israel

On 2001-09-03, after four days of deadlocked negotiations that did not reach agreement on language, Canada, the United States and Israeli delegations withdrew from the conference. Both United States Secretary of State Colin Powell and Foreign Affairs Minister of Israel
Foreign Affairs Minister of Israel
The Foreign Affairs Minister of Israel is the political head of the Israeli Ministry of Foreign Affairs. The position is one of the most important in the Israeli cabinet after Prime Minister and Defense Minister...

 Shimon Peres
Shimon Peres
GCMG is the ninth President of the State of Israel. Peres served twice as the eighth Prime Minister of Israel and once as Interim Prime Minister, and has been a member of 12 cabinets in a political career spanning over 66 years...

 stated that this was done with regret.

This decision was criticized by several people, including Jesse Jackson
Jesse Jackson
Jesse Louis Jackson, Sr. is an African-American civil rights activist and Baptist minister. He was a candidate for the Democratic presidential nomination in 1984 and 1988 and served as shadow senator for the District of Columbia from 1991 to 1997. He was the founder of both entities that merged to...

 and President of South Africa
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....

 Thabo Mbeki
Thabo Mbeki
Thabo Mvuyelwa Mbeki is a South African politician who served two terms as the second post-apartheid President of South Africa from 14 June 1999 to 24 September 2008. He is also the brother of Moeletsi Mbeki...

, both of whom stated their opinions that it had been a mistake by the United States to send a low-level delegation to the conference in the first place, and Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

, which stated that the U.S. was "letting down victims of racism". Jackson had been involved in earlier attempts to create compromise language.

The low-level U.S. delegation had kept a low profile throughout conference proceedings until that point, with delegates working quietly in sub-committee meetings, without (unlike in earlier conferences) giving news briefings or off the record statements to journalists, to change the text of the draft declaration, to make it less forceful and less specific against Israel, and to bring it into line with U.S. foreign policy goals with respect to the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 (see United States and the International Criminal Court
United States and the International Criminal Court
The United States is not a member of the International Criminal Court . The ICC is a permanent international criminal court, founded in 2002 by the Rome Statute to "bring to justice the perpetrators of the worst crimes known to humankind - war crimes, crimes against humanity, and genocide",...

) by removing language that strengthened the ICC.

The draft documents had stated "deep concern" at the "increase of racist practices of Zionism and anti-Semitism" and talked of the emergence of "movements based on racism and discriminatory ideas, in particular the Zionist movement, which is based on racial superiority". Alternative proposals, which the U.S. had supported, from Norway, acting as a mediator, and Canada were rejected by Israel.

Despite Colin Powell's denunciation of the "hateful language" that "singles out only one country in the world, Israel, for censure and abuse" in the draft text and U.S. delegate Tom Lantos
Tom Lantos
Thomas Peter "Tom" Lantos was a Democratic member of the United States House of Representatives from 1981 until his death, representing the northern two-thirds of San Mateo County and a portion of southwest San Francisco...

's statement that the conference had been "wrecked by Arab and Islamic extremists", some saw the U.S. delegation's withdrawal as not being entirely related to the language on Israel, but attributed it also, in part, to a reluctance on the part of the U.S. to address the issue of slavery.

The withdrawal of, the U.S. and Israel was taken as a warning by many delegates that there was a strong possibility of Canada and the E.U. states withdrawing as well if no compromise was reached. Several reports had the Europeans staying on solely in order to help South Africa salvage the Conference. After the withdrawal, senior conference officials became highly involved in the rewriting of the Declaration — something that critics maintained they should have also been doing before that point.

Final text and subsequent reaction

In the end, the Conference delegates voted to reject the language that implicitly accused Israel of racism, and the document actually published contained no such language.

Several countries were unhappy with the final text's approach to the subject, but all for different reasons. Syria and Iran were unhappy because their demands for the language about racism and Israel had been rejected by the Conference, the latter continuing its insistence that Israel was a racist state. Australia was unhappy with the process, observing that "far too much of the time at the conference [had been] consumed by bitter divisive exchanges on issues which have done nothing to advance the cause of combating racism". Canada was also unhappy.

The language of the final text was carefully drafted for balance. The word "diaspora" is used four times, and solely to refer to the African Diaspora
African diaspora
The African diaspora was the movement of Africans and their descendants to places throughout the world—predominantly to the Americas also to Europe, the Middle East and other places around the globe...

. The document is at pains to main a cohesive identity for everyone of African heritage as a victim of slavery, even including those who may have more European than African ancestors. The "victim" or "victims" of racism and slavery (the two words occurring 90 times in the document) are defined in only the most general geographic terms. The word "Jewish" is only used once, alongside "Muslim" and "Arab", and "anti-Semitism" is only used twice, once alongside its assumed counterpart of "Islamophobia" and once alongside "anti-Arabism". The difficulty that this generates is that it is politically impossible to act when the 219 calls for action in the Programme are couched in such generalities that only the "countless human beings" that the document explicitly talks of can be identified.

The NGO Forum Declaration

Separate from the actual Conference itself was an NGO Forum, held in the nearby Kingsmead Stadium
Sahara Stadium Kingsmead
Kingsmead is a cricket ground in Durban, KwaZulu-Natal, South Africa. It operates under the sponsorship-based name of Sahara Stadium Kingsmead where Sahara is the trademark of a sponsor from the IT industry. Its stated capacity is 25,000, although grass terracing makes up part of the viewing area....

 in Durban, that ran from 2001-08-28 to 2001-09-01. This was a forum of 3,000 NGO
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...

s, attended by 8,000 representatives. It, too adopted a Declaration. However, this was not an official document of the WCAR and was not issued as such.

The Forum's proceedings were highly disorganized, with several NGO delegates walking out of the Forum, to the jeers of other delegates, and ending in discord; and the resultant declaration had 62 paragraphs of introduction, followed by a document that appeared to commentators as being the result of every lobby putting its pet aversions in. It described Israel as a "racist, apartheid state" that was guilty of "racist crimes including war crimes, acts of genocide and ethnic cleansing". The document was not intended to be presented to the Conference, although a copy of it was intended to be handed over, as a symbolic gesture, to the Conference secretary-general, Mary Robinson, at the conclusion of the Forum. Ms Robinson refused to accept the document, citing concerns over its language. In a later interview she said of the whole conference that "there was horrible anti-Semitism present — particularly in some of the NGO discussions. A number people said they've never been so hurt or so harassed or been so blatantly faced with an anti-Semitism." The Palestinian Solidarity Committee of South Africa reportedly distributed copies of the antisemitic forgery The Protocols of the Elders of Zion
The Protocols of the Elders of Zion
The Protocols of the Elders of Zion is a fraudulent, antisemitic text purporting to describe a Jewish plan for achieving global domination. It was first published in Russia in 1903, translated into multiple languages, and disseminated internationally in the early part of the twentieth century...

.

Critics described the description of Israel as apartheid as the "Durban Strategy". They claim that this comparison was made with the intention of causing and encouraging divestment
Divestment
In finance and economics, divestment or divestiture is the reduction of some kind of asset for either financial or ethical objectives or sale of an existing business by a firm...

 from and boycott of Israel
Economic and political boycotts of Israel
Boycotts of Israel are economic and political cultural campaigns or actions that seek a selective or total cutting of ties with the State of Israel...

.

The NGO Forum was attended by U.S. NGOs, with financial support from the Rockefeller Foundation
Rockefeller Foundation
The Rockefeller Foundation is a prominent philanthropic organization and private foundation based at 420 Fifth Avenue, New York City. The preeminent institution established by the six-generation Rockefeller family, it was founded by John D. Rockefeller , along with his son John D. Rockefeller, Jr...

, the MacArthur Foundation
MacArthur Foundation
The John D. and Catherine T. MacArthur Foundation is one of the largest private foundations in the United States. Based in Chicago but supporting non-profit organizations that work in 60 countries, MacArthur has awarded more than US$4 billion since its inception in 1978...

, and the Charles Stewart Mott Foundation
Charles Stewart Mott Foundation
The Charles Stewart Mott Foundation is a charitable foundation founded in 1926 by Charles Stewart Mott of Flint, Michigan. Mott was the leading industrialist in Flint through his association with General Motors....

. The Ford Foundation
Ford Foundation
The Ford Foundation is a private foundation incorporated in Michigan and based in New York City created to fund programs that were chartered in 1936 by Edsel Ford and Henry Ford....

 provided USD
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....

10 million in support to the WCAR and the NGO Forum. These NGOs provided research assistance at the Forum and helped to develop declarations and resolutions that dealt with the issue of compensation for slavery.

The resolutions adopted by the Forum dealing with reparations for slavery dealt only with the transatlantic slave trade, and did not mention the traffic in African slaves to Islamic lands in the Middle East. The Forum also called upon the United States to ratify all major human rights treaties that had already been ratified.

One such treaty was the UN Convention on the Elimination of Racial Discrimination (CERD), which the U.S. had ratified in 1994, but (per the Supremacy Clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...

 of Article Six of the United States Constitution
Article Six of the United States Constitution
Article Six of the United States Constitution establishes the Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the...

, which does not permit treaties to override the Constitution) had attached a reservation that its ratification did not accept treaty requirements that were incompatible with the Constitution of the United States. The NGOs, including Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 and Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

, demanded that U.S. drop its reservations and "comply" with the treaty. The U.S. Department of State had noted specifically that CERD's restrictions on freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

 and freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...

 were incompatible with the First Amendment to the Constitution of the United States. The United States was far from the only such country to do so, however. Incompatibility of the treaty with national constitutions, including the freedoms of assembly and speech guaranteed by those constitutions, is also noted by Antigua and Barbuda, the Bahamas, Barbados, France, Guyana, Jamaica, Japan, Nepal, Papua New Guinea, Switzerland, and Thailand. Several, including France, Ireland, Italy, Japan, Malta, Monaco, Nepal, the United Kingdom, note that they consider the provisions of the treaty to be restricted by and subject to the freedoms of speech and assembly set forth in the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

.

One commentator noted that in order to comply with the interpretation of CERD created by the NGOs at the Forum, the United States would have to "turn its political and economic system, together with their underlying principles, upside down — abandoning the free speech guarantees of the Constitution, bypassing federalism, and ignoring the very concept of majority rule, since practically nothing in the NGO agenda is supported by the [U.S.] electorate", stating that these NGOs were "a new challenge to liberal democracy
Liberal democracy
Liberal democracy, also known as constitutional democracy, is a common form of representative democracy. According to the principles of liberal democracy, elections should be free and fair, and the political process should be competitive...

" that contested the principles of individual rights, democratic representation, and national citizenship, along with the contesting the very idea of a liberal democratic nation-state.

Other NGO demands included demands for:
  • U.S. acknowledgement of "the breadth and pervasiveness of institutional racism" that "permeates every institution at every level"
  • a declaration that "racial bias corrupts every stage of the [U.S.] criminal justice process, from suspicion fo investigation, arrest, prosecution, trial, and sentencing"
  • support for and expansion of hate crimes legislation at both state and federal levels
  • U.S. condemnation of any opposition to affirmative action
    Affirmative action
    Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...

  • U.S. recognition of an adequate standard of living as "a right, not a privilege"
  • a statement that the U.S. deplored the "denial of economic rights"
  • the promotion of multilingualism by the U.S. instead of "discriminatory" emphasis on English language acquisition in U.S. schools
  • the denunciation of free market
    Free market
    A free market is a competitive market where prices are determined by supply and demand. However, the term is also commonly used for markets in which economic intervention and regulation by the state is limited to tax collection, and enforcement of private ownership and contracts...

     capitalism
    Capitalism
    Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...

     as a "fundamentally flawed system"


Tom Lantos assigns the blame for the withdrawal of the U.S. in part to the radicalism of many of the NGOs at the NGO Forum, to an inadequate response thereto by U.S.-based NGOs, and to the reluctance of the U.S.'s European allies to take a strong stand.

Aftermath

The Conference was largely overshadowed in the news and in international affairs by the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...

, which occurred 3 days after the Conference ended.

Mary Robinson's tenure as United Nations High Commissioner for Human Rights

As a consequence of the Conference, the United States did not support the continuation of Mary Robinson as United Nations High Commissioner for Human Rights, where once U.S. President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 had called her a "splendid choice" for the post and the U.S. had considered her its favorite candidate for the job. She stepped down from the post in September 2002.

Many faults were attributed to Ms Robinson, with cumulative effect on the U.S. position. Some people stated that she lacked mediation and bureaucratic experience, and thus was unable to resolve sensitive issues at the Conference. News reports attributed her differences with the U.S. to four things: First, her views on the Israel-Palestine conflict differed from U.S. policy. Second, the U.S. did not approve of the detached way in which she acted as secretary-general to the Conference. Third, she had openly criticized the U.S. on various matters including the treatment of prisoners at Camp X-Ray
Camp X-Ray
Camp X-Ray was a temporary detention facility at the Guantanamo Bay detention camp of Joint Task Force Guantanamo on the U.S. Naval Base in Guantánamo Bay, Cuba.The first twenty detainees arrived at Guantanamo on January 11, 2002....

, the "unsigning" of the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...

 by the U.S., and the administration of capital punishment in the United States
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...

. Fourth, she had opposed U.S. calls to reform the election process of the United Nations Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...

.

Tom Lantos himself did not assign sole or even primary blame to Robinson for the breakdown of U.S. relations with the conference. That he assigned to the NGOs, as aforementioned, and to the member states of the Organisation of the Islamic Conference. Moreover, several people have defended Robinson's secretary-generalship of the conference.

NGO repudiations of the NGO Forum's Declaration

Several NGOs, including Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

, and the Lawyers Committee for Human Rights, disassociated themselves from the language of the NGO Forum's Declaration that dealt with Israel and with Jews.

Followups

It seems unlikely to analysts that the United States will support another WCAR. However, the Declaration and Programme of Action did make provision for follow-up mechanisms. Mary Robinson stated in her closing address that the Conference was intended to be a beginning, not an end. Dr. Manning Marable
Manning Marable
William Manning Marable was an American professor of public affairs, history and African-American Studies at Columbia University. Marable founded and directed the Institute for Research in African-American Studies. Marable authored several texts and was active in progressive political causes...

, of Columbia University in New York, pointed out that one of the objectives of the Conference was to increase coördination in human rights activities, and to strengthen networks amongst those combating racism; and as such the actions of governments in response to the Conference are not the sole intended outcomes — actions by civil society and non-governmental agencies are also required.

One such follow up provision is for national governments to provide the Office of the United Nations High Commissioner for Human Rights with reports on their actions towards implementing the recommendations in the Programme of Action. Another is for the Secretary General of the United Nations to appoint an expert body with the remit of following up on implementation. A third is a call for the establishment of a database of practical means for addressing racism, racial discrimination, and related intolerance.

A Permanent Memorial Trust Fund has also been established for the creation of a memorial at the New York United Nations site. The sculpture, to be titled the Permanent Memorial to the Victims of Slavery and the Transatlantic Slave Trade, or the UN Slavery Memorial
UN Slavery Memorial
United Nations Slavery Memorial, officially "The Permanent Memorial at the United Nations in Honor of the Victims of Slavery and the Transatlantic Slave Trade," is a sculpture to be placed at the UN headquarters in New York City as a permanent reminder of the long-lasting effects of slavery and the...

, is set to be completed in 2012.

By resolution #2002/68 of the United Nations Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...

 an Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action was established, which held its first meeting in January 2003 and which meets on an annual basis.

In resolution #61/149 of the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

, passed in 1996, a Durban Review Conference
Durban Review Conference
The Durban Review Conference is the official name of the 2009 United Nations World Conference Against Racism , also known as Durban II. The conference ran from Monday 20 April to Friday 24 April 2009, and took place at the United Nations Office in Geneva, Switzerland...

 was called. The conference will take place in 2009, however, a number of countries expressed concern as a result of the 2001 conference. Some countries intend to boycott the conference. Canada and Israel have already announced plans to boycott the conference. On 18 April 2009, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 announced the United States' intention to boycott the 2009 Durban Review Conference
Durban Review Conference
The Durban Review Conference is the official name of the 2009 United Nations World Conference Against Racism , also known as Durban II. The conference ran from Monday 20 April to Friday 24 April 2009, and took place at the United Nations Office in Geneva, Switzerland...

, reaffirming the country's opposition to language perceived as anti-Israel and anti-Western.

United Kingdom and other European countries remain undecided. On 17 February 2009, Foreign Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...

 Minister Lord Malloch-Brown said: "If we can’t go forward now, we will withdraw. I was at the first conference. I have never seen such a disgraceful event in quite a long international life."

Influence

The Institute for Global Jewish Affairs was founded, in part, as a response to the perceived Anti-Semitism
Anti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...

 of the Durban conference.

Bernard-Henri Lévy
Bernard-Henri Lévy
Bernard-Henri Lévy is a French public intellectual, philosopher and journalist. Often referred to today, in France, simply as BHL, he was one of the leaders of the "Nouveaux Philosophes" movement in 1976.-Early life:...

 credits the conference with being one of the inspirations for his book, Left in Dark Times: A Stand Against the New Barbarism
Left in Dark Times: A Stand Against the New Barbarism
Left in Dark Times: A Stand Against the New Barbarism is a 2008 book by Bernard-Henri Lévy published on September 16, 2008.- Premise :In this book, Lévy argues that in the wake of the failure of communism, the Western left has lost its ideals. It now fails to uphold universal ideas of justice,...

.

Conference and Forum texts and papers

— the text of the Declaration produced by the governments at the WCAR itself — the text of the Declaration produced by the NGOs at the NGO Forum

Analyses and greater detail

— an analysis of the NGO Forum by the Executive Director of NGO Monitor
NGO Monitor
NGO Monitor is a non-governmental organization based in Jerusalem, Israel whose stated aim is to generate and distribute critical analysis and reports on the output of the international NGO community for the benefit of government policy makers, journalists, philanthropic organizations and the...

 — discussion of other preparatory committee work — a personal and detailed account of the proceedings of the NGO Forum in the Kingsmead stadium by David Matas, who represented B'nai Brith Canada
B'nai B'rith
B'nai B'rith International |Covenant]]" is the oldest continually operating Jewish service organization in the world. It was initially founded as the Independent Order of B'nai B'rith in New York City, on , 1843, by Henry Jones and 11 others....

 there — an informational paper for NGOs about the Conference and the NGO Forum, circulated prior to the meetings

See also

  • United Nations Human Rights Council
    United Nations Human Rights Council
    The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...

  • UN Watch
    UN Watch
    UN Watch is a Geneva-based NGO whose stated mission is "to monitor the performance of the United Nations by the yardstick of its own Charter". It is an accredited NGO in Special Consultative Status to the UN Economic and Social Council and an Associate NGO to the UN Department of Public Information...

  • Israel and the apartheid analogy
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