EU Statement – UN General Assembly 3rd Committee: Racism, xenophobia and related intolerance

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Chair,

I have the honour to speak on behalf of the European Union.

The Candidate Countries Türkiye, North Macedonia*, Montenegro*, Serbia*, Albania*, Ukraine, the Republic of Moldova and Bosnia and Herzegovina*, the potential candidate country Georgia, as well as Andorra, and San Marino align themselves with this statement.

The EU remains fully committed to the elimination of racism, racial discrimination, xenophobia and related intolerance including its contemporary forms, as well as to the promotion and protection of human rights for all without discrimination on any grounds within its borders and in the world.

The EU action in this area builds on a solid legal framework which has been developed over the years, in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which is and should remain the basis of action to counter racism, racial discrimination, xenophobia and related intolerance. Together with the International Covenant on Civil and Political Rights, it is also one of the main instruments when it comes to the fight against hate speech.

A central element of the EU legal framework is the Racial Equality Directive of 2000, which forbids all direct or indirect discrimination based on racial or ethnic origin. The Directive requires Member States to establish bodies for the promotion of equal treatment between persons irrespective of racial or ethnic origin. Moreover, since 2008, public incitement to violence or hatred on certain grounds, including race, colour, religion, descent or national or ethnic origin, has been criminalized across the EU.

The first EU Anti-racism action plan 2020-2025 is a key instrument setting out a number of actions to tackle racism and discrimination, putting equality at the centre of all EU policy areas, with particular attention to economic, social and cultural rights, and notably the right to education, work, health and housing.  The Action Plan aims at better enforcement of EU law in many different areas, and provides a possibility to review our policies and activities under a non-discrimination and equal opportunities perspective.  The implementation of the Action Plan is regularly assessed.

Also in 2020, we appointed the first European Commission anti-racism coordinator in order to ensure coordination and mainstreaming into all relevant EU policies, as well as providing a direct point of contact to the communities concerned and civil society organisations.

We also invest in countering hate speech online, particularly with the adoption of the Digital Services Act which regulates the use of the networks. Also, five years ago, the European Commission launched the code of conduct on countering illegal hate speech online, which is a voluntary commitment by information technology (IT) platforms to review and if necessary remove illegal hate speech content, often related to discriminatory and racist comments.  

Work is also on-going on a new proposal for legislation on binding standards for equality bodies in the EU, which are essential for offering support to victims of discrimination, for ensuring that EU rules on equal treatment are properly enforced, and for promoting equality and non-discrimination.

Mr Chair,

The EU has a long-standing tradition of engaging actively and constructively in all racism-related initiatives, both at the Human Rights Council and at the UN General Assembly.

We support the programme of activities of the UN Decade on People of African descent and as such follow with a great interest the discussions at the Forum of People of African Descent and on the Declaration under preparation. In October 2022, the EU engaged in the negotiations on the draft UN Declaration on the rights of People of African Descent during the 20th session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action.

The EU is fully committed to the primary objectives and commitments undertaken at the 2001 Durban World Conference to combat racism, racial discrimination, xenophobia and related intolerance.

We take an active part in deliberations on the follow up to the Durban Declaration and Programme of Action and in the negotiations on related resolutions in UN fora and engage in the meetings of the Durban Follow up Mechanisms.  

We believe that a general reflection on how to better assure global participation in the Durban process is needed. In order to be effective, the debate on DDPA should be inclusive, the relevant initiatives and decisions should be based on consensus and the available resources should be primarily devoted to support concrete measures to fight against racism and all forms of discrimination on the ground.

In our view, the normative standards, as provided by the Convention on the Elimination of all forms of Racial Discrimination (ICERD) and other human rights instruments, the Durban commitments and follow up mechanisms, as well as the institutional set up of the UN human rights system, do offer an adequate framework to address all contemporary forms of racism. Our action should be guided by ensuring the respect for the fundamental principle of the universality of human rights and not deviating from existing international human rights law.

As the Universal Declaration of Human Rights, adopted 75 years ago, proclaims, all human beings are free and equal in dignity and rights, without distinction of any kind. We should work together in order to ensure that these principles become a reality. There should be no place for racism in any society.

Thank you.

* North Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.