United Nations

A/50/476


General Assembly

Distr. GENERAL  

25 September 1995

ORIGINAL:
ENGLISH:/FRENCH


Fiftieth session
Agenda item 103


ELIMINATION OF RACISM AND RACIAL DISCRIMINATION

Note by the Secretary-General


  The Secretary-General has the honour to  transmit to the General  Assembly
the  report  on   contemporary  forms  of  racism,  racial   discrimination,
xenophobia and related intolerance prepared by Mr. Maurice  Glele-Ahanhanzo,
Special  Rapporteur of the  Commission on  Human Rights,  in accordance with
Commission on Human Rights resolutions 1993/20  and 1995/12 and Economic and
Social Council decision 1995/255.


























95-28966 (E)   051095  061095/...
*9528966*
CONTENTS

  Paragraphs  Page

I.  INTRODUCTION ........................................  1 - 84

II.  ACTIVITIES OF THE SPECIAL RAPPORTEUR ................  9 - 335

  A.  Observations concerning the report to the
    General Assembly at its forty-ninth session .....  10 - 17 5  

  B.  Missions undertaken by the Special Rapporteur ...  18 - 2512

  C.  Cooperation with other United Nations bodies for
    the promotion and protection of human rights ....  26 - 3315

III.  CONTEMPORARY MANIFESTATIONS OF RACISM AND RACIAL
  DISCRIMINATION ......................................  34 - 13117

  A.  Persistence and spread of racism and racial
    discrimination ..................................  34 - 5617

  B.  Roma, Gypsies or the travellers .................  57 - 6122

  C.  Other cases of racism and racial discrimination .  62 - 6723

  D.  Racism and racial discrimination against Blacks,
    negrophobia .....................................  68 - 7724

  E.  Racism and racial discrimination against Arabs ..  78 - 8626

  F.  Anti-Semitism ...................................  87 - 9727

  G.  Discrimination against immigrants and migrant
    workers .........................................  98 - 10929

  H.  Discrimination against women ....................  110 - 11131

  I.  Racism and discrimination against children ......  112 - 11731

  J.  Incitement to racial hatred and freedom of
    opinion and of expression .......................  118 - 13132

IV.  MEASURES TAKEN BY GOVERNMENTS AND INTERGOVERNMENTAL
  ORGANIZATIONS .......................................  132 - 16935

  A.  Education in human rights and measures to combat
    racism, xenophobia, anti-Semitism and intolerance  132 - 14335

  B.  Application of administrative and legislative
    procedures against racial discrimination ........  144 - 15037

  CONTENTS (continued)

  Paragraphs  Page

  C.  Measures beneficial or harmful to groups that are
    victims of racism and racial discrimination .....  151 - 16238

  D.  Strengthening of legislation against racism,
    racial discrimination, xenophobia and
    anti-Semitism ...................................  163 - 16841

  E.  Ratification of and accessions to the
    International Convention on the Elimination of
    All Forms of Racial Discrimination ..............      16942

V.  ACTION CONDUCTED BY CIVIL SOCIETY ...................  170 -17543

VI.  CONCLUSIONS AND RECOMMENDATIONS .....................  176 -18143

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A/50/476
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I.  INTRODUCTION


1.  At its fifty-first session, the Commission on Human Rights examined  the
progress report of the Special Rapporteur  on contemporary forms of  racism,
racial discrimination, xenophobia and  related intolerance  (E/CN.4/1994/78)
and the addendum regarding his mission to the United States of America  from
9 to 22 October 1994 (E/CN.4/1995/78/Add.1).

2.  By its resolution 1995/12 of 24 February 1995,  the Commission took note
of that report and requested the Special Rapporteur to continue to  examine,
in accordance with his mandate, incidents  of contemporary forms of  racism,
racial discrimination, any form of discrimination against Blacks, Arabs  and
Muslims, xenophobia, negrophobia, anti-Semitism  and related intolerance, as
well as  governmental  measures to  overcome them,  in  order  to present  a
complete  report on  these matters  to  the  Commission at  its fifty-second
session  and  a progress  report to  the  General Assembly  at its  fiftieth
session.

3.  The Commission encouraged the  Special Rapporteur, in close consultation
with  Governments,  relevant specialized  agencies  of  the  United  Nations
system,   other   intergovernmental   organizations   and   non-governmental
organizations (NGOs), to  present further  recommendations concerning  human
rights  education  and  to  present  concrete  recommendations  on  specific
measures which  could be taken at  the national,  regional and international
levels, with  a  view to  preventing  and  eradicating problems  within  the
purview of his mandate.

4.  Finally, the Commission regretted that, owing  to the lack of  necessary
resources, the Special Rapporteur had encountered difficulties in  preparing
his previous  reports and  requested the  Secretary-General without  further
delay to provide him with all the necessary  assistance in carrying out  his
mandate.

5.  The  General Assembly, in  its resolution  49/147 of  23 December  1994,
expressed  its  full  support  for  the  work  of  the  Special  Rapporteur,
requested  Member  States   to  provide  the  Special  Rapporteur  with  the
resources he needed  to carry out his  mandate and requested the  Secretary-
General  without  delay  to  provide  all  necessary   human  and  financial
assistance to  enable  the  Special Rapporteur  to submit  a  report to  the
General Assembly at its fiftieth session.

6.  The present  report is thus a  response to  the requests by the  General
Assembly and the  Commission on Human Rights.   In preparing this  document,
the  Special   Rapporteur  made  use  of   the  relevant   portions  of  the
communications  received from  the Governments  of the  People's Republic of
China, the  Czech Republic, Estonia, France,  the Islamic  Republic of Iran,
Norway, Portugal, the Russian Federation and  the United States of  America.
He also  made  use of  documents  transmitted  by the  International  Labour
Office,  the Office of  the United  Nations High  Commissioner for Refugees,
the United Nations Centre for Human  Settlements, the World Food  Programme,
the United  Nations Development Programme,  the United Nations  Educational,
Scientific  and   Cultural  Organization  (UNESCO)   and  the   Commonwealth
Secretariat.

7.   Finally,  the Special  Rapporteur  had  access to  reliable information

communicated   to   him   by   non-governmental   organizations  -   Amnesty
International, the International  Council of Jewish Women, the World Council
of Churches, the Consultative Council of  Jewish Organizations and the World
Federalist   Movement  or   taken   from  specialized   journals   and   the
international press.

8.  The Special Rapporteur would like to present to  the General Assembly in
this report (i)  information on his activities  in 1995, both  completed and
under way; (ii) a  summary of the theoretical  problems faced in  efforts to
combat  present-day  racism, together  with an  account of  recent incidents
involving racism  and racial discrimination which  have been  brought to his
attention; (iii)  information on specific  measures taken  by Governments to
remedy the  situations described  in the  report and  efforts undertaken  by
civil society with the same goal; and (iv) conclusions and recommendations.


II.  ACTIVITIES OF THE SPECIAL RAPPORTEUR

9.  In this  chapter, the Special  Rapporteur reports the comments which  he
received from  Governments and non-governmental  organizations following the
submission of his report to the General Assembly at its forty-ninth  session
(A/49/677, annex)  and the  exchange of  correspondence which  ensued.   The
Special  Rapporteur's mission  to Brazil  from 6  to 17  June 1995  and  his
projected missions  to  Germany, France  and  the  United Kingdom  of  Great
Britain  and Northern  Ireland are  also  briefly  described.   Finally, the
Special Rapporteur discusses  cooperation with other  bodies engaged  in the
fight against racism and racial discrimination.


         A.  Observations concerning the report to the General Assembly
             at its forty-ninth session

1.  On the analysis of anti-Semitism

10.    Two  Jewish  organizations  -  the  Consultative  Council  for Jewish
Organizations  and B'nai  B'rith  - the  Government  of  Israel  2/ and  the
organization  known as  United  Nations Watch  have  expressed  reservations
concerning  certain portions  of paragraphs  22  and  37 dealing  with anti-
Semitism. Questions  have also been raised  concerning paragraphs  24 and 62
but  these  do  not  call  for  any  comment  on  the  part of  the  Special
Rapporteur.   According to the organizations  and the  Government of Israel,
the  following passages help  to foster  stereotypes concerning  Jews and to
strengthen anti-Semitism:

  (a)   Paragraph 22:   "Even Holy  Scripture has been used  to underpin and
justify  racism by  reference to  the  curse  of Shem  and his  descendants,
supposedly the Blacks, and  to the chosen people  or, alternatively, to  the
crime of deicide, with the Jews being  accused of killing Jesus Christ.  The
outcome  was  slavery and  the Black  slave trade,  the age-old  bleeding of
Africa, and anti-Semitism, compounded by the economic power of the Jews."

  (b)  Paragraph 37:   "... Certain  adherents of Judaism continue to  treat
Christ as an  impostor.  However, this is  a complex and difficult  question
which should be left to theologians and the competent clergy."

 11.  The authors  of these reservations,  who are otherwise very  satisfied
with  the work  done by  the Special  Rapporteur  and  who encourage  him in
carrying out his mandate, have written, in particular:

  (a)   "(...) Certain paragraphs  of your report, notably paragraphs 22 and
37, contain statements that are totally out  of place:  they are  phrased in
the  kind of language that  can only reinforce  anti-Semitism.  In addition,
the report is  insensitive in paragraph 24  to the prejudice  against Jewish
culture  and history demonstrated  at the  1982 UNESCO  conference in Mexico
City."; 3/

  (b)  "(...) while the report  of [Professor Glele-Ahanhanzo] represents  a
milestone  in the  Commission's attempt  to  address  a wide  range of  hate
problems,  it  also reinforces  in  several  sections  hateful  anti-Semitic
stereotypes.

    "Those sections include the following: 
  
-Paragraph  22 endorses the  view that  anti-Semitism is  'compounded by the
economic powers of the Jews'.

-Paragraph  37  alleges  that  anti-Semitism  is  caused  because   'certain
adherents of Judaism continue to treat Christ as an impostor'.

-Paragraph  62 notes that  the number  of cases  of anti-Semitic  attacks in
Germany has  arisen in the last  two years from 40  to 63,  but concludes by
minimalizing this number with  the gratuitous comment 'Acts directed against
Jews  have ...  increased  to a  lesser degree  than those  directed against
foreigners  in general.'  The  use  of  the term  'in  general' conveys  the
impression  that  Jewish  citizens  of  Germany   are  to  be  regarded   as
foreigners.

-In paragraph  24 the  report also lauds  the UNESCO Conference  on Cultural
Policies, held in Mexico City in 1982, for its support of the equal  dignity
of all  cultures and  the affirmation  of the  value of  cultural diversity.
B'nai B'rith attended that conference and found that  in contrast to earlier
UNESCO conferences and exhibits, it excluded  any mention of Jewish  culture
and history."; 4/

  (c)  "Let  me begin  by praising you for  your work as Special  Rapporteur
over the last  year, and specifically the  reports which you  have delivered
to  the  General  Assembly  and  the  Commission  on  Human  Rights.    Your
investigations have been  in depth, and many  of your conclusions have  been
ground-breaking.

  "I write  to draw  your attention  to several  comments you  made in  your
report (A/49/677, annex)  to the General Assembly concerning  anti-Semitism.
Again, I  would like  to emphasize  that the majority  of your work  on this
head  was  both  incisive  and  important,  and  your  condemnation  of  the
'Protocols of  the Learned  Elders of  Zion' as  'a sham'  was an  important
first for  the United  Nations.    However, in  your discussion  of  various
manifestations  of anti-Semitism,  you  make several  statements  which  are
inaccurate and  troubling.  In paragraph 22 you write  that anti-Semitism is
'compounded  by the  economic  power  of the  Jews'.   Such  a statement  is
problematic,  endorsing  one  of  the  most   pervasive  -  and   ungrounded
stereotypes  about  Jews:   that  they  are  especially  materialistic,  are
greedy, and wield disproportionate economic power.   You will no doubt agree
that such charges are neither accurate  nor made with discriminatory purpose
against  other  groups, such  as  the  Swiss Protestants  who  run  many  of
Geneva's most powerful banks.  Yet by citing this stereotype as a fact,  you
suggest that  Jews are  somehow to  blame for  discrimination against  them;
that it is somehow their own fault (because  they wield economic power) that
they are subjected to anti-Semitism.

  "In a later paragraph, 37, you write that anti-Semitism is further  caused
by  'certain  adherents  of Judaism  [who] continue  to  treat Christ  as an
impostor'.  This statement is troubling, for it implies both that some  Jews
have come to accept  Christ, and that others  actively set out  to discredit
him.   What you should understand  is that for Jews,  as for all other  non-
Christians, Christ is a figure of  solely historical and moral significance.
This does  not imply that Jews in  any way disparage Christ; merely that the
basis  for Judaism is  pre-Christian and  independent of Christ's teachings.
Despite  their manifest  similarities, Judaism  and Christianity  are  quite
separate  religions, with  different belief  systems and  different  pivotal
figures." 5/

12.   As he  has already  had occasion  to stress  in his  written and  oral

replies 6/ to the  comments which have been communicated to him, the Special
Rapporteur wishes to stress that the  opinions expressed in these paragraphs
are not  his  own.   He  has endeavoured,  in seeking  the  causes of  anti-
Semitism, as he  has done in the case  of negrophobia, to  take stock of the
reasons advanced in explanation of these phenomena.

13.  The Rapporteur would also  like to stress that it  was as a consequence
of his preliminary  report to  the Commission  on Human  Rights in  February
1994  that, with  his  approval, his  mandate was  extended  to  include the
question  of anti-Semitism,  which  he considers  to  be a  form  of  racial
discrimination which has led to one of the greatest scourges that the  world
has known in the past and continues to experience today.


         2.  The situation of housekeepers of Indian, Sri Lankan, Bengali
             and Philippine origin in Kuwait

14.  Referring  to aspects of a study  which had been  transmitted to him by
the  organization Middle  East Watch/Women's Rights Project,  7/ the Special
Rapporteur,  included,  in  paragraph  108  of  his  report,  the  following
observations:

  "In Kuwait,  housekeepers of  Indian, Sri Lankan,  Bengali and  Philippine
origin are now targets of rape,  physical assault, non-payment of  salaries,
debt  bondage and  abusive  work  conditions because  of their  nationality.
Although these  abuses are  illegal under Kuwaiti  law, very  few cases  are
prosecuted.  The  Government of Kuwait  has all  but ignored  the plight  of
these women".

15.   The  Special Rapporteur  received from  the  Government of  Kuwait the
following comments, of which  he has taken  note and which he is  submitting
to the attention of the General Assembly at the request of that Government:

  "[The  Government  of  Kuwait]  deplores  the  publication  (in   document
A/49/677,  annex) of  information  derived from  a  non-governmental  source
alleging that housekeepers working in Kuwait  are ill-treated" and that "the
Government  of Kuwait has  all but  ignored the plight of  these women".  It
is,  to say  the last, surprising  that this erroneous  information has been
published without  even trying  to verify  it with  the Kuwaiti  authorities
concerned.  This calls for a number of comments:

  1.   Kuwait  is  a democratic  society in  which  foreigners  of different
nationalities,  who outnumber  Kuwaiti  nationals,  live and  work.   Kuwait
endeavours to  ensure the best possible treatment for people residing in its
territory, faithful in that respect to  its traditional commitment to  human
rights  and   fundamental  freedoms  for  which   it  is   renowned  in  all
international bodies.

  2.  With  regard to domestic workers in  general, it should be noted  that
labour from  other countries  has been employed  in Kuwait for  a very  long
time; and, up to now, there have been no complaints.

  3.   Among the facts demonstrating that domestic workers  are treated well
by Kuwaiti families is the increase in the  numbers of such employees, which
reached 168,747  in May 1993, representing  a significant  proportion of the
population  of  the  State  of  Kuwait,  which  currently  has  2.5  million
inhabitants.   This is proof that  Kuwaitis treat  their household employees
well.   It this  were not so,  why would  any housekeeper agree  to stay  in
Kuwait?

  These comments are  corroborated by the fact that the majority of domestic
workers who have  already worked in Kuwait in  the past return of their  own
free will either to  resume service with their  former employers or  to work
with other  people.    These facts  belie  all  the  allegations  about  the
treatment of  domestic workers; the purpose  of such  allegations is clearly
to harm Kuwait.  It should  be noted that the domestic workers concerned had

the option of not  returning to Kuwait after  the expiry of their contracts.
The main reason that they did return was that the Kuwaitis  had treated them
well.

  4.   According to  the official statistics  on the question,  in 1993  the
number of cases  of ill-treatment did not  exceed 500, which represents less
than 0.5 per cent  of the workforce currently in domestic service in Kuwait.
These are reliable  statistics whose accuracy can  be proved by  the Kuwaiti
public  authorities and the  diplomatic missions  of the  countries of which
these employees are nationals.

   5.   The main  causes of  the problems encountered  by domestic employees
are the practices of employment agencies  in the countries of  origin; these
agencies exploit their  recruits and give them inaccurate information  about
the  tasks awaiting them in the  countries in which they are  to work, which
explains some of the difficulties.

  6.    Since  Kuwait  applies  the  laws  of  the  market  and  imposes  no
restrictions  on  transfers of  funds by  foreign workers,  remittances from
such  workers to  their families  have become  one of  the main  sources  of
income for their countries of origin,  making a substantial contribution  to
the growth  of national economies and, in  the view of  the leaders of these
countries, to the improvement  of the standards  of living of the  employees
themselves.

  7.  Aware of their responsibilities towards this category of workers,  the
Kuwaiti authorities are endeavouring to ensure decent living conditions  for
them within Kuwaiti society and to protect their rights.

    An outline of the provisions adopted in this area follows:

  (a)   In  1993,  the Council  of  Ministers adopted  decree  No.  320/1993
establishing a  commission consisting of  representatives of the  Ministries
of  Foreign Affairs,  of  the  Interior, of  Social Affairs  and  Labour, of
Information and  of Trade; the commission's  mandate is to  consider all the
problems posed  by  the employment  of  domestic  workers and  to  establish
general guidelines with  a view to a  definitive solution of these  problems
that would take into account legal and humanitarian considerations.

  The  Commission   transmitted  to  the   Council  of  Ministers   numerous
recommendations on the basis of which the  latter adopted decree No. 387/93,
in which it:

  -Requested the Ministries of Finance and of the Interior to study to  what
extent it  would be possible  to advance to  each domestic  worker an amount
corresponding to  the cost  of travel  back to  his country  and then  claim
reimbursement from  his employer.  Thus in July 1993, the State paid for the
travel of 400 domestic workers;

  -Instructed  the Ministry  of Trade  and  Industry to  prosecute  agencies
whose  activities consist of  bringing in  domestic workers  in violation of
the regulations  and  laws in  force  and  of  their obligations  under  the
licences granted to them.

  (b)  The  Ministry of the Interior has established a new unit dealing with
employment  agencies for domestic  workers whose  task is  to reorganize the
sector  and  safeguard the  rights  of  employees,  both while  they  are in
service  and following the  expiry of  their contracts,  taking into account
the  responsibilities  of  the  employer,  who  must,  inter  alia,  pay the
employee's wages and cover his travel costs.

  (c)  In order to  guarantee the rights of this category of employees,  Act
No. 40 of 1993 concerning the reorganization  of employment agencies and the
training of domestic  workers and related  personnel was adopted.   Act  No.
617  of 1993,  establishing the  conditions to  be met  in order  to  obtain
authorization  to establish  an employment  agency  for domestic  workers is

also relevant within this context.

  Along with the efforts  made by the authorities  to protect the  rights of
this  category  of  employees,  the  following  initiatives   taken  by  the
legislature and non-governmental bodies should be noted:

  (a)   The National Assembly  has established  a new standing  committee to
consider  all questions relating  to human  rights, including  the rights of
foreign workers;

  (b)  In August  1993, the General Workers' Union of Kuwait established  as
part  of  its  administrative  set-up  an  office  responsible  for  matters
relating to foreign workers in Kuwait and protection of their rights.

  In addition  to  these guarantees,  domestic  workers  in Kuwait  enjoy  a
number of advantages.  The following should be noted, in particular:

  -  Freedom to change employers, which is guaranteed by law;

  -Employer's  responsibility for  travel costs  (both directions)  for  the
employee between his country of origin and Kuwait;

  -Employer's obligation to  provide for all his employee's needs  (housing,
food, clothing,  medical care  etc.).   Since  there  is  no income  tax  in
Kuwait, the employee  can send all his wages  back to his  family in his own
country; in addition there are the gifts he receives from time to time;

  -Services provided by  the State to domestic workers which, according to a
study  published in  September 1991  by  the  Supreme Planning  Council, are
estimated at 500 Kuwaiti dinars (about US$ 1,700) per year for each worker.

  In the legal area, it  may be noted  that the Kuwaiti courts sentenced  to
penalties ranging from a  few months in prison  to 10 years'  imprisonment a
number of persons found guilty of sexual assault on housekeepers". 8/


3.  Allegations of racist and xenophobic incidents in Germany

16.   In  connection  with the  racist and  xenophobic incidents  in Germany
which  the  Special Rapporteur  described  in  his  reports  to the  General
Assembly (paras. 60-68) and to the Commission on Human Rights at its  fifty-
first  session (paras.  22-58), the  German  Government  has asked  that the
following comments should be transmitted to the General Assembly:

  "The Federal  Republic of Germany supported  the appointment  of a Special
Rapporteur   on  contemporary   forms  of  racism,   racial  discrimination,
xenophobia  and related intolerance.   It  considers the  appointment of the
Special Rapporteur to be  an important step taken  by the United  Nations in
combating a  problem  of universal  dimensions.    The Federal  Republic  of
Germany has  always tried to cooperate  closely with  the Special Rapporteur
to enable him  to fulfil his  mandate.   It has  made extensive  information
available to him and on 18 October 1994 invited him to visit Germany.

  The Federal Government finds it regrettable  that the Special Rapporteur -
as  in the  case of  his report to  the General Assembly  at its forty-ninth
session (A/49/677,  annex) -  mentions in  his report  to the Commission  on
Human  Rights  at   its  fifty-first  session   (E/CN.4/1995/78)  xenophobic
incidents  alleged to have  occurred in  Germany without  giving the federal
Government an opportunity to explain its position before the report went  to
press.  The report submitted by the Special  Rapporteur to the Commission on
Human  Rights  at  its  fifty-first  session  contains  six  full  pages  of
unverified information relating  to 37 incidents  which occurred  in Germany
and which  are described  as  racist or  xenophobic.    The source  of  this
information was Turkish non-governmental organizations.

  In Germany,  the public authorities have  risen to the challenge of right-

wing extremism and xenophobia.   All the federal bodies are doing everything
possible to eradicate  these phenomena.   The police  and the judiciary,  in
particular, are sparing no effort to prevent acts  of violence and prosecute
the perpetrators of such acts with all the  means available to a State based
on  the  rule of  law.    Acts  carried out  with  right-wing  extremist  or
xenophobic  motives are dealt  with under  an accelerated  procedure so that
the perpetrators can be sentenced as quickly as possible.

  At the current stage of the investigations, no  more than about one  fifth
of the specific  cases mentioned in the  report submitted to the  Commission
on Human  Rights at its fifty-first session can be considered acts motivated
by  xenophobia or racism.  In the great majority  of cases, no xenophobic or
racist  motive can be found.   Moreover, in many cases the incidents did not
take place  as described  in the  report.   In so  far as  the investigating
bodies were aware of the events mentioned in the report, the  police and the
prosecutors initiated  proceedings and the  courts imposed severe  penalties
on persons found guilty of such acts.
  
  With regard to the  arson attack perpetrated on  25 March 1994 against the
synagogue in Lubeck, four  persons were charged and, since 2 May 1994,  have
been in  pre-trial detention for  the attempted murder  of five persons  and
for grave  arson.  The main  proceedings are under way  at present.   In the
case of the  disturbances which took place on  12 May 1994 at Magdeburg,  11
criminal  prosecutions   have  been  initiated  since  then  and  30  German
nationals have been charged.  Severe  penalties of imprisonment have already
been imposed.   The  perpetrators of  the arson  attack at  Bielefeld on  20
April  1994 were  convicted on  27 October 1994  and given  severe custodial
sentences  under  the criminal  law  applicable  to  minors,  in some  cases
involving imprisonment for several years.   Last year criminal charges  were
brought against the alleged perpetrators of  the incidents which occurred at
Brandenburg on 14 August  and 21 September  1994.  In the legal  proceedings
against  the   skinheads  responsible  for   desecrating  the  memorial   at
Buchenwald on 23 July 1994, charges had already  been brought in August  and
September 1994.   On  18 November  1994, 16  persons were  sentenced by  the
Echevins juvenile court,  the court of  original jurisdiction,  to custodial
penalties  or to prison terms  of up to  one year and  eight months.   On 22
November 1994, the Landgericht  (regional court) at Weiden, as the court  of
original jurisdiction, sentenced three defendants to custodial penalties  of
nine months  or more  for  the arson  attack  perpetrated  at Weiden  on  21
September  1995.  Some of  the penalties imposed  include the possibility of
probation.

  In seven  of the incidents  mentioned it has  been established that  there
was no xenophobic or  racist motivation.  The incident which occurred on  10
January  1994  at  Halle  also  falls  into this  category.    A 17-year-old
handicapped  girl in a  wheelchair lodged  a complaint  that three skinheads
had  attacked her and carved a swastika  into her cheek.  In  fact, the girl
had  invented  the  whole incident  -  as  she  later  confessed  - and  had
inflicted  the wound  herself.    For this  reason, the  case against  X was
dropped on 18 January  1994.  The incident and  its motives were the subject
of detailed reports in the German and international press.

  In  almost half the cases,  there is insufficient evidence  to support the
hypothesis of  xenophobic or  racist aggression.   In some  of these  cases,
there  is far more  evidence to  support the  hypothesis of self-mutilation,
slanderous complaints or faked  break-ins.  In several other cases, there is
concrete evidence that  they involved  disputes between  foreigners with  no
xenophobic or  racist motive.   Two Turkish nationals  and a  Greek national
were charged  with the  murder of a  Turkish national, Cetin  Apohan, on  31
July 1994  in Cologne.    The main  proceedings  in  the regional  court  in
Cologne - the assize court - are under  way.  On 1 February 1995, one of the
accused was shot dead by the victim's father during the hearing". 9/

17.   The Governments  of Kuwait  and Germany have expressed  regret that no
adversary  procedure had been  instituted making  it possible  to obtain the
views of  Governments on the racist or xenophobic incidents reported by non-

governmental  organizations  or   by  certain  Governments.    The   Special
Rapporteur  wishes to  draw  attention to  the administrative  and financial
constraints (relatively short  deadlines for the preparation and  submission
of reports  to the  Commission and  to the  General Assembly,  consultations
with Governments, administrative  secretariat and  translation of  documents
...) which  make such  a procedure  impracticable in  the immediate  future.
None  of  the  recommendations  about  the  means  required  for  the proper
execution of  the mandate  have been followed up.   For the time  being, the
Special  Rapporteur  is  trying  to  the  best  of  his  ability  to  inform
Governments of the cases submitted to him.


B.  Missions undertaken by the Special Rapporteur

1.  Mission to the United States of America

18.  On  5 February 1995, the Special  Rapporteur submitted a  report to the
fiftyfirst session of the Commission on Human Rights  on his mission to  the
United States of America from 9 to 22 October 1994.  In  his conclusions, he
stated  that  social  dysfunctions  existed in  that  country  stemming from
residual   racism   and  racial   discrimination,   and   that   historical,
sociological, psychological  and structural inertia  were behind the  subtle
forms  of  racism  and  racial  discrimination  that  lingered  in  American
society.    While  welcoming the  recent ratification  of  the International
Covenant on Civil and Political Rights  and the International Convention  on
the  Elimination  of  All  Forms  of   Racial  Discrimination,  the  Special
Rapporteur recommended that  the United States Government should  revitalize
affirmative  action  programmes  in  order to  remove  economic  and  social
disparities, and  should  take  measures to  prohibit the  establishment  of
racist organizations and  ban racist propaganda.   He hoped that  the United
States would ratify all  the international human  rights conventions,  which
would strengthen its  foreign policy in the pursuit  of peace and raise  its
credibility.

19.  The United States Government  made some observations in plenary meeting
and  in a letter  to the Special  Rapporteur. 10/   In the  statement to the
Commission  on Human  Rights, the  representative  of  the United  States of
America  emphasized that no country had gone as far  as the United States in
implementing so comprehensive an array of  legal measures against racial and
ethnic discrimination in voting  rights, housing, employment  and access  to
public services.  Several lessons learned in the United States in the  fight
against discrimination could be useful to  the international community.  The
United  States  welcomed  the  decision  the  previous  year  to  extend the
definition of racial  discrimination to include anti-Semitism and  anti-Arab
behaviour.  It noted, however, the  persistence of prejudice and  xenophobia
in several  parts of the world.   The United  States representative welcomed
the   content  of   the  report   and   the   opportunity  to   discuss  the
recommendations  in the context  of national  efforts aimed  at the complete
elimination of  racism.  The United  States delegation  noted, however, that
some of the recommendations presented real  problems with regard to  freedom
of speech, freedom of association and freedom of the press.

20.   The following excerpts from the United States  Government's letter add
specifics  to the statement  made by  its representative  to the fifty-first
session of the Commission on Human Rights:

  "As  your   report  suggests,  the   United  States   has  repeatedly  and
consistently condemned racial discrimination.  We have  undertaken to pursue
by all appropriate means a policy of extirpating such discrimination in  all
its forms.

  "We have  promoted  racial  understanding,  and  sought  to  guarantee  to
everyone,  without  distinction  as to  race,  colour,  national  or  ethnic
origin,  the  right to  equality  before the  law  in  civil,  political and
economic rights.  Thus, contemporary United  States domestic law on federal,
state  and   local  levels  provides   strong  protections  against   racial

discrimination  in all  fields  of  public endeavour  and in  many  areas of
private  life.   Our  laws  also  include  effective  means of  redress  and
recourse  for those  who,  despite these  protections,  nevertheless  become
victims  of discriminatory acts.   We  have also recently become  a party to
the  International Convention  on the  Elimination  of  All Forms  of Racial
Discrimination. 

   "As  your  study also  notes,  these  are  matters  of continuing  public
concern  in the  United  States, as  demonstrated by  what  you  deemed 'the
densest web  of community organizations  in the world'  to fight racial  and
other forms  of  discrimination.   While  most  of these  organizations  are
privately supported,  almost all receive government  support in  the form of
special tax status.

  "The  problem of racial  discrimination in  the United  States is complex.
Your   study  was  necessarily  based  on  a  brief  visit  and  on  limited
information.  Accordingly, several elements of  your analysis are incomplete
or inaccurate.   For  example,  your  report notes  the five  Supreme  Court
rulings  in  1989 that  narrowly  construed  a  number  of federal  statutes
regarding the  law  against  employment discrimination  (para. 56),  but  it
fails to note that these rulings  were overturned by overwhelming majorities
in Congress  two years later through legislation (the 1991 Civil Rights Act)
that clarifies that the statutes were intended to have a broader scope.

  "We  are paying  particular note  to  your  recommendations to  the United
States Government.   Some of these are  consistent with our national  policy
and goals, others  are not.   Some deal  with conduct by private  actors and
social and economic  forces not readily subject to government action.  Some,
particularly  your recommendation  calling for  the prohibition  of  certain
groups  and  forms   of  expression,  would  violate  basic   constitutional
protections of individual rights and are not acceptable to us". 11/


2.  Mission to Brazil

21.  The Special Rapporteur visited Brazil from 6 to  17 June 1995, with the
agreement of  the Brazilian Government.   He would  like to acknowledge  its
spirit  of  cooperation  and  express  his  gratitude  for  the  welcome  he
received.

22.   Without going  into the details  of his  findings, which  will be  the
subject of  a  substantive report,  the  Special  Rapporteur would  like  to
stress  that the  situation  in  Brazil is  highly  complex.   It cannot  be
captured by simple  intellectual constructs, mainly  because of  the complex
make-up  of  the  population  of  Brazil  and  the  biological  and cultural
intermingling   that  has   taken  place.  Official   statements  themselves
oscillate  between an explicit  recognition of  the existence  of racism and
racial discrimination, categorial  denial of  their existence  - "Brazil  is
not  like the United States  and South Africa, which have experienced racial
segregation  or apartheid"  - and  implicit acceptance  of their  existence,
which can  be seen  in statements  to the  effect that  economic and  social
discrimination - "apartacao social" - does exist  against the poor, most  of
whom happen to be  Black, Indian or mestizo.   So  it would appear from  the
class  and  social  composition of  the  political,  economic,  academic  or
scientific fields.

23.   As many  of the  people interviewed,  government officials  and others
alike, attempted to  explain, the cause-and-effect relationship between  the
economic and social status of these excluded groups or "social sectors"  and
the  history of the marginalization of Blacks, Indians and mestizos of every
stripe and  colour should be analysed  with reference  to historical factors
which  attended the founding  of Brazil  (slavery and  colonization) and its
socio-economic evolution. Discrimination  is seen to be economic and  social
and  not at all  racial.  The  Blacks, Indians  and mestizos  are victims of
discrimination not  as such, but because  they are poor.   In another  view,
these groups  are not the preferred  targets of  discrimination and violence

because they  are poor,  but rather,  they are  poor because they  have been
discriminated  against  since  Brazil  was  founded.  Structurally,   racial
discrimination  through  denial takes  on  insidious  and subtle  forms, and
subsists as a vicious circle that only political  will based on a clear  and
courageous facing of reality can break, by attacking the evil.  The  mission
report that  will be  submitted to  the Commission  on Human  Rights at  its
fifty-second session  in  1996 will  attempt  to  analyse and  explain  this
phenomenon.


3.  Missions in Europe

24.    With  regard  to  the  planned  visits  to Germany  and  France,  the
Governments  of  those   countries  have  agreed  to  receive  the   Special
Rapporteur from 18 to 27 September and from 29 September to  9 October 1995,
respectively.

25.  Finally,  the mission to  the United  Kingdom that  had been  cancelled
last year  because of a  lack of  resources will take  place from  13 to  22
November with the agreement of the British Government.


            C.  Cooperation with other United Nations bodies for
                the promotion and protection of human rights

         1.  Exchange of views with the Committee on the Elimination of
             Racial Discrimination

26.   On  15  March 1995,  the Special  Rapporteur and  the  members of  the
Committee on  the Elimination of Racial  Discrimination held  an exchange of
views on  ways in which to  increase their cooperation.   Each party had  an
opportunity to specify the nature of its respective mandate.

27.  The Special  Rapporteur gave a brief  presentation on the activities he
had undertaken and the  reports he had submitted to the Commission on  Human
Rights and the General Assembly, noting the resurgence  of racism and racial
discrimination  throughout the  world and measures taken  by Governments and
international mobilization against these phenomena.

28.  Several experts  on the Committee stressed  the importance and the need
to  establish  an   ongoing  dialogue  with  the  Special  Rapporteur,   and
emphasized  that, unlike the  Committee members,  because of  his mandate he
enjoyed the  right to visit  the countries concerned  and in addition  could
gather  information in  States which  were  not  party to  the International
Convention on the Elimination  of All Forms of  Racial Discrimination.  Some
experts noted  that, while  the Committee  studied reports  from States  one
after  the  other  and  examined  situations   case  by  case,  the  Special
Rapporteur, on the other  hand, had more room  to manoeuvre for  example, he
could approach issues from a regional point of view.

 29.  Some experts believed that  this new emerging collaboration  responded
to  the wishes of  the Commission on Human Rights  when it had appointed the
Special Rapporteur.   Suggestions were made  for pursuing  this cooperation.
In that  way, certain priorities  could be established  jointly in order  to
prevent  the  development  of  racist organizations  or  the  resurgence  of
pseudo-scientific racist ideologies.   Other priority activities would  also
be worth undertaking jointly, for  example, providing human  rights training
to  police forces (and  lawenforcement agents  in general),  or campaigns to
enlist  youth in the  fight against  racism in all  its forms.   It was also
suggested  that  the  Committee  should  alert  the  Special  Rapporteur  to
emergency situations  examined  in the  context  of  the mechanism  for  the
prevention   of   racial   discrimination  (early   warning   and  emergency
procedures).  For his part, the Special Rapporteur  would make an effort  to
raise public  awareness of the Committee's activities in its  capacity as an
expert body  for  the monitoring  of  the  International Convention  on  the
Elimination of All Forms of Racial Discrimination.

30.   The Special Rapporteur emphasized  the need  for effective cooperation
with the  members of  the Committee  and the  Secretariat.   Furthermore, he
indicated that  he had adopted the  definition of  racial discrimination set
out in  article 1 of  the Convention.   In reply  to the suggestion  by some
experts  that  he should  pay greater  attention to  the situation  in third
world  countries,  the  Special  Rapporteur  did   not  agree  that  he  had
concentrated on  Western countries.   He assured  the Committee that  in the
remaining three  years of  his mandate, due  account would be  taken of  the
different continents in his reports.

31.   It was agreed that  neither the Special  Rapporteur nor the  Committee
should  act  in  isolation  and  that   both  would  gain  from   exchanging
information  and  from  providing  mutual  support.     The  need  for   the
contribution of  both mechanisms to the  consideration of  racism and racial
discrimination was recognized.

32.  On the  subject of the  suggestion by one member of the  Committee that
the Special Rapporteur should seek  to identify the reasons  why some States
had not  become parties to the  International Convention  on the Elimination
of All Forms of Racial Discrimination,  the Special Rapporteur had  received
a  clarification from the  Turkish Government,  the relevant  parts of which
are brought to the attention of the  General Assembly at the request  of the
Turkish Government:

  "Becoming  party to international  instruments is  indeed a serious matter
which  necessitates  detailed  study  before  reaching  any  decision.    In
attaining a conclusion related to accession to the International  Convention
on the  Elimination  of All  Forms  of  Racial Discrimination,  the  Turkish
authorities took into consideration the contribution this Convention,  which
deals with only one aspect of such a  multifaceted phenomenon as racism, has
made  to  the  elimination of  racial  discrimination.    Unfortunately, the
findings  were not positive.   The  minuscule number  of communications sent
thus far to the Committee vividly demonstrates this fact.   It would be safe
to state  that, so  far, the  Convention has  not only failed  to serve  the
noble cause of eliminating the abhorrent  practice of racial discrimination,
but has  had the exact  opposite effect by  contributing to  the dilution of
the  concept,  by  confusing  racial  discrimination  with  other  forms  of
discrimination."

         2.   Participation in  the joint  meeting between  the Committee on
the
           Elimination of Racial Discrimination and the Subcommission  
           on Prevention of Discrimination and Protection of Minorities

33.  On  8 August 1995,  the Special  Rapporteur participated  in a  meeting
between the two bodies in  question.  On that occasion,  he reported on  his
concerns about the increasingly violent forms  that the expression of racism
and racial  discrimination was taking  on; support  provided by universities
to research  with racist implications; the  spread of  racist propaganda and
incitement to ethnic  and racial hatred through the media in central Africa,
America and Europe; the resurgence in  the absolute State sovereignty, which
was reflected  in  the  use  of law,  and  hence  legislation, to  slow  and
significantly reduce immigration and freedom of  movement, which were subtle
indications of the xenophobia that was rampant in  many parts of the  world;
and the  attempts to  dismantle affirmative  action measures  in the  United
States.  On his own personal initiative and  on the basis of his  experience
in his  own country,  he particularly  stressed  the need  for human  rights
education  in  everyday  life  and  teaching   about  those  rights  at  all
educational  levels,  including  literacy  and  post-literacy  courses,  and
through the mass media.


                 III.  CONTEMPORARY MANIFESTATIONS OF RACISM AND
                       RACIAL DISCRIMINATION

A.  Persistence and spread of racism and racial discrimination

34.   The manifestations  of racism  and the  theories underlying them  have
emerged from the lethargy into which  they had been plunged by international
condemnation after the horrors  of the Second World  War.  This  preliminary
section is intended to  serve as a  brief supplement to the analysis,  begun
in  the previous report,  of the ideological mutations  which are the source
of  what can  be  described as  "contemporary racism";  this is  intended to
demonstrate the need for arguments and methods to combat the phenomenon.


1.  Races and ethnic groups - are they psychologically necessary?

35.   It might be asked whether races, ethnic  groups, and even nations, are
allembracing  sociological  and  anthropological   categories  which  fulfil
psychological  necessities,  meeting  a  need  for  a  reassuring  sense  of
belonging and  recognition.  An affirmative  answer to  that question  might
perhaps give  rise,  without any  justification,  to  the beginnings  of  an
explanation  for the resurgence  of confrontations  based on  racial, ethnic
and  national  origin,  in  a  world  which  is  already partially,  if  not
entirely,  internationalized.     Globalization,   the  intensification   of
migratory  flows,  and  homogenization,  by  wearing  down the  most  marked
characteristics, increase the  scope for competition among different  groups
(while  at   the  same  time   producing  identity-defence  reactions)   and
strengthen and harden racist  phenomena of various kinds.  This tendency has
been  seen  lately  in  Western  Europe,  where  progress  towards  European
unification,   accompanied   by  the   virtual  dismantling   of  historical
frontiers,  gives  rise  to  a  feeling  of  being  invaded  by  "hordes  of
immigrants"; variations  also exist in Africa,  where in  recent years there
have  been mass  expulsions from  several  countries  of migrant  workers of
African origin.   Physical frontiers have  psychological consequences in the
sense that they not only represent political and  legal limits, but are also
considered to contain within  a precise area  the feeling of belonging to  a
particular group.

36.   This may  help to explain the  fact that, although the  notion of race
has  been called  into  question  by  science,  12/  it still  retains  such
significance  in people's minds  that it  permits them  to define physically
and  psychologically  the separation  between "us"  and "them",  despite the
illusory nature of that separation.

37.  According to Jean-Francois  Kahn, "race is reassuring  because it seems
to give  rationality to distinctions, and  because it  affords protection by
isolating  the  collective  identity  which  it   denotes.    It  makes  the
strangeness of others the justification, and  indeed the condition, for  the
affirmation of one's own identity." 13/

38.  There can  be no denying  that, while all the pseudo-scientific  racist
theories  have collapsed,  attitudes and  behaviour patterns  persist, as if
racism  could exist  in the  absence  of any  justification derived  from  a
"science"  of  race.    Proclaiming that  "race"  does  not  exist  has  not
succeeded  in   putting  an   end  to  discussion   of  possible   objective
distinctions, especially  since the deadly logic  of racism  is founded upon
the notion  that it  "has to  do with  natural physiological  reality -  the
white or  black colour  of the  skin  - the  appearance of  which cannot  be
changed by persuasion or by any  government intervention; the only  solution
in such cases is  to exterminate the  bearers of the ignominious mark."  14/
It is  the very  non-existence of race  that gives renewed  forms of  racism
their remarkable flexibility. 15/

39.   That flexibility  is shown by  the current shift  of racist  arguments
towards cultural  differences rather  than biology.   It  is not  so much  a
matter  of the  recognition  of the  individual's membership  of a  group or
community or the recognition of cultural  particularities; the problem  lies
in a  hierarchical classification of such  membership and, consequently,  of
the  cultures themselves, and in  the negation of otherness  in the interest
of  "making  cultural  differences  absolute", 16/  as  if  some impermeable
barrier prevented  any exchange  or interaction  between human  communities,

dooming them for eternity to some imagined homogeneity and purity.

40.  This is  the type  of mythical ideology which  has been adopted by  the
adherents of contemporary  racism and racial discrimination, the  supporters
of  ethnic cleansing and  preference for nationals, who  are active on every
continent; in  one place they persecute  foreigners or  refugees, in another
their victims may be Bosnians,  Tutsi or Hutu, or American  Indians.  It  is
these  attempts to  pervert cultural  relativism  and  to negate  ethnic and
racial  plurality that  the opponents  of racism  and racial  discrimination
have to confront.   Racism proves to  be a persistent and hardy  phenomenon,
with recurrent manifestations  and intense attacks, like paludism or malaria
which is  more deadly than  any other  disease.   Man can  achieve his  full
dignity only  by waging  relentlessly the  one true  battle:  the  battle to
reduce and eradicate racism.

 41.  Certain analysts  argue that the emergence  of neo-racism in Europe is
due to  the combination  of psychological,  political  and economic  factors
which accentuate ethnocentrism, xenophobia and racism, the common source  of
which should be sought in the prejudices  which develop throughout the  long
and  complex  process  of  the  formation  of  mental  mechanisms,  which is
completed only  upon reaching adulthood.  17/  But  how can  one explain the
origin of the ethnic antagonisms and  the nationalism accompanied by  ethnic
cleansing in the former  Yugoslavia, the ethnic massacres  in Rwanda and the
fire smouldering  in  Burundi, and  the  genocidal  propaganda of  the  Hutu
refugees  in Zaire relayed  by Radio democratie  - la  voix du  peuple?  Are
these  phenomena of  contagion, of  resurgence  or  of explosion  of latent,
uncontained  antagonisms?     One  is  inclined   to  believe   that  it  is
psychological  conditioning,  which generates  fear  and  contempt  for  the
other,  and  encourages  the  latter's  extermination  or  domination,  that
fostersoutbreaksofracismandtheviolentaffirmationofethnicityand nationality.


            2.  The fight against racism and racial discrimination in
                the face of the perversions of cultural relativism

42.  Those  active in the  fight used  to postulate  that ethnocentrism  and
racism  could  not survive  a  process  of  education  and dissemination  of
knowledge of civilizations and cultural systems,  after which any claim that
one of them was superior to the others would be nonsense.

43.    The first  attempt  to  combat  racism  and  xenophobia consisted  in
advocating  tolerance towards  ethnic minorities,  or more  simply,  towards
"the  other" -  a  sort  of charitable  indulgence in  which was  inherent a
belief in  the superiority of whichever  ethnic group  was tolerating others
which  was incompatible with  an effective  struggle that would  lead to the
disappearance of  prejudice.  In seeking  to replace  that tolerance, modern
antiracism  has sought to  find a  contemporary dynamic  principle, a multi-
ethnic and multicultural phenomenon whereby  diversity would be perceived as
a blessing, part of the fundamental heritage of all mankind.

44.  Far from overcoming  racial hatred and prejudice, however, the emphasis
which,   in  the   name  of   the   struggle   against  racism   and  racial
discrimination, was placed on the richness  of multicultural societies,  has
had the  opposite  effect of  providing  ammunition  for the  supporters  of
racist  interpretations and arguments.  By manipulating ideas about cultures
and by twisting and  perverting antiracist theses,  they were able to  break
away  from  the   extolling  of   biological  inequality   and  adopts   the
absoluteness of cultural differences as their  new favourite theme.  Masking
its true appearance  by appropriating and distorting antiracist theses,  the
new  racism of  difference was  better able to  gain acceptance  from public
opinion in various  countries.  Antiracists  and racists could even  be seen
together,  preaching  respect  for  differences  in  group  identities;  the
former,  however, did so  from the  universalist perspective  of respect for
human rights, while the latter had a segregationist view of human society.

45.    No  sooner does  antiracist  teaching proclaim  that  race is  merely

culture than  public opinion  transforms culture  into race.   In this  way,
neo-racist arguments  have replaced the  pseudo-biological notion of  "race"
with   the  idea  of   a  hierarchy   of  cultures   and  their  fundamental
incommunicability,  their  incompatibility, or  absolute  separateness.   In
this way, as was stated  in paragraph 24 of the previous report, "those  who
advocate  such a hierarchy  are unaware  of or  deliberately misconstrue the
latest scholarly  and scientific literature,  particularly that produced  by
UNESCO, on race  and culture, the principles of  equal dignity of the  human
individual, the affirmation  of cultural identities and cultural  diversity,
values  universally recognized at the World Conference on Cultural Policies,
organized by UNESCO at  Mexico City in 1982, and enshrined in the  Universal
Declaration  of Human Rights  and the  UNESCO Constitution.   One might also
mention  here,  once  again,  article  1  of  the  1966  Declaration of  the
Principles of International Cultural Cooperation, which proclaims that  each
culture has a dignity and value which must  be respected and preserved, that
every people has  the right and  the duty to develop its  culture, and that,
in their rich  variety and diversity, and  in the reciprocal influences they
exert on  one  another,  all  cultures  form  part of  the  common  heritage
belonging  to all  mankind."   In the  place of  the principle  of the equal
dignity  of cultures  - since  culture is  the product,  the  achievement of
humanity,  and  humanity  is  culture   -  the  neo-racists  substitute  the
principles  of "cultural  difference"  and "national  identity".    This new
argument, which is  manifestly in conflict with the  work of UNESCO and  the
Declarations and  Convention mentioned above,  tends to consider cultures as
airtight categories,  impervious to outside  influences and to  interaction.
Ideological or religious  differences are often to be  found at the core  of
this perverted form of "cultural relativism".

46.   These  arguments, dressed  up to  appear democratic  and used  by  the
extreme right-wing parties, whose influence  is dangerously on the increase,
have  acquired a certain pedigree,  or at least a  degree of respectability,
enabling many  people to  subscribe to  them.   Thus it  becomes natural  to
reject, to  exclude, to discriminate  against a group or  ethnic minority on
the  basis of  its  culture  or religion,  in  the name  of some  sacrosanct
"inability to assimilate". Implicit in such  forms of exclusion is  a latent
and unavowed  feeling  of superiority  on the  part  of  the majority;  they
subtly revive  racism in  its biological and  intellectual form.   The  race
which considers  itself  superior  naturally has  a superior  culture  while
others  have  only  subcultures  or  secondrate  cultures;  the  question of
cultural values remains unasked.

47.  In  order to combat  racism and racial  discrimination, such  arguments
must  be  decoded,  the  realities  engendered   by  them  must  be   boldly
confronted, and the mechanism common to racism and to one of its  mutations,
the abuse of cultural relativism for racist purposes, must be dismantled.

48.   It is  important that the antiracist  movement should be aware  of the
abrupt change which has occurred in  the complex racist interpretations  and
arguments,  namely the shift away from biological  inequality towards making
cultural differences absolute.


3.  Exclusion - an expression of racism, or a euphemism?

49.   The modern term  and concept of exclusion should not  be dressed up or
serve as an alibi to conceal a reality  which touches upon the central theme
of  this report.   The origin of  social exclusion is  often to  be found in
racism and racial  discrimination, phenomena which many Governments  believe
should be written  off as things of the  past, denying their persistence  or
describing  as  "natural"  the economic  and  social  conditions of  ethnic,
racial  and religious  minorities  and  indigenous populations.   Thus,  the
consequences of the slave trade,  the practice of slavery,  and the genocide
of indigenous peoples persist, and, as if  by chance, the poorest population
groups in  many countries prove to  be, according  to official explanations,
the  descendants  of  slaves,  or  indigenous  populations which  have  been
colonized.  Marginalization, which nowadays takes  the form of exclusion, is

the result of those practices, and  can therefore be said to be founded upon
racism.    It   is  perpetuated   from  generation  to  generation;   racial
discrimination has  become a  commonplace, unacknowledged  yet explained  in
terms of  economic and  socio-cultural factors.   Thought  and practice  are
locked in  a truly  vicious circle.   Is this not  an insidious,  structural
form of racism or racial discrimination, in all conscience?


                  4.  Various forms and manifestations of racism
                      and racial discrimination

50.  Here  we shall examine  those forms  and manifestations  of racism  and
racial  discrimination which do not affect the  groups explicitly designated
by the Commission on Human Rights (Blacks, Arabs, and Jews).

51.  Crimes and  human rights violations persist in the former Yugoslavia in
the name of  "ethnic cleansing",  which has now  become a commonplace  term,
although, fortunately without the acquiescence of the Special Rapporteur  on
the  Situation of Human  Rights in the  Territory of  the Former Yugoslavia,
who  has resigned.  The  fire smouldering  in Burundi,  fed  by  the tension
between the Hutu and the Tutsi, gives rise to fears of  a new wave of ethnic
conflagrations on the African continent.

52.  In certain European countries,  the situation has deteriorated markedly
and  it is no longer shameful to admit that one is a "racist", as in France,
where, according to an  opinion poll published in the newspaper Le Monde  on
22 March  1995, only 36 per cent of the French consider that they never make
racist remarks or have racist attitudes.

53.   According  to the  1994  report  of  the French  Commission  nationale
consultative des droits de l'homme, skinheads  perpetrated 17 racist acts in
1993, that is to  say, one half of  the racist  acts committed in France  in
that year. 18/

54.   In Germany, the Netherlands,  France, and the  United States, neo-Nazi
groups and parties  are emerging -  or re-emerging  under a  new name  after
having been banned -  and are continuing to display openly their  attachment
to fascist  beliefs.  Although the  racist activism of  such groups is  more
visible and less overtly respectable than  that of the traditional  parties,
it  is important  not to  overlook  the role  played by  the "institutional"
racist parties in  reducing racism to a  commonplace.  Such  parties include
the Front  National in France  and the Vlaams  Blok in  Belgium, whose ideas
have contaminated the political  platforms of other,  more moderate parties,
which, for  purely demagogic reasons, have  taken up the arguments in favour
of  exclusion  and  mistrust  of  foreigners,  portraying  immigration  from
outside Europe as the  root of all evil.  The unprecedented support obtained
by the  Front National in  local elections and  their election  victories in
three major  French towns,  19/ reflect the  normalization of  this form  of
populism,  which is  founded on  the  concept  of "national  preference" and
which, in private,  is perfectly willing to  espouse fascist values that had
been thought to be a thing of the past.

55.    In Germany,  Almuth  Berger, the  Commissioner  for  the  Concerns of
Foreigners  of Land  Brandenburg,  has  remarked that  there  is  increasing
ignorance, prejudice and fear directed against  foreigners living in the new
federal German State.   He particularly notes that  opinion polls have shown
that  the  citizens  of  Brandenburg   are  convinced  that   the  immigrant
population  makes up  30  per  cent of  the total  population of  the State,
whereas in reality they  account for only 1.2 per cent.  The citizens of the
older  Lander have, however,  a less exaggerated view.  Here again, in order
to  understand  the phenomenon  of  xenophobia,  it  should  be noted  that,
relative to  the overall numbers of  the immigrant  population, the greatest
number of the most serious racist acts are committed in the new Lander.

56.  In Mellendorf, Germany, on 8 January 1995, four Serbian  asylum-seekers
(a 24-year-old woman and three of her children)  were killed in a  terrorist

attack, and  11 other  people were  injured.   The police, however,  did not
consider it a racist  act.  In February  1995, in Arnsberg,  just after  the
Minister of  the Interior had  announced that there  had been  a decrease in
racist attacks in 1994,  a number of mobile homes inhabited by refugees were
destroyed by fire, and one person was injured. 20/


B.  Roma, Gypsies or the travellers

57.  The Roma, Gypsies  or travellers are a minority that has been  strongly
affected by racist phenomena.   Four of them, for  example, were killed on 5
February 1995  in  Oberwart, Austria,  while  attempting  to remove  a  sign
loaded with explosives and bearing the  message "Gypsies, go back to India".
According to  the front  page of the  newspaper Le Monde  dated 24  February
1995,  the  police apparently  attributed  the  incident  to  a settling  of
accounts among  Gypsies, thus giving the  presumed perpetrators  the time to
elude detection.

58.  In  Italy, a  Rom from  the former Yugoslavia,  Naser Hasani, lodged  a
complaint against  police officers who allegedly  arrested him  while he was
at the  steering wheel of his automobile in the centre of Florence, took him
to  Le Cascine park  on the outskirts  of the city  and then  kicked him and
beat him with  a hammer found in the  vehicle and uttered racist insults  to
him. 21/

59.  In Romania,  a sizeable Gypsy community estimated at more than  450,000
persons  (according  to  some sources,  it  might  be close  to  2  million)
encounters   racism  and   discrimination  on   a  daily  basis.     Amnesty
International believes that at least three  Roma were imprisoned because  of
their  ethnic origin.   A  woman from  Haradeni  was allegedly  arrested and
jailed for  two  days after  complaining  of  ill-treatment by  the  police.
"Racial  prejudice and  neglect  of the  needs  of the  Roma  community  are
evident not only in Romania, but throughout the region". 22/
  60.   In  Hungary,  Roma  experience racist  attacks  and  discrimination.
Their life expectancy, access to education  and income levels are distinctly
lower than  the national  average.   The unemployment  rate  among the  Roma
community is estimated at  70 per cent.   In the Hungarian town  of Gyongyos
on  14 November  1994,  approximately 30  skinheads allegedly  threw Molotov
cocktails  at the home of a  Gypsy family, the Farkas, who managed to escape
the flames.  Witnesses of the  incident were allegedly struck by  two of the
attackers.  Mr.  Farkas apparently attempted to  report the incident  at the
nearest police station but was himself  allegedly beaten by police officers.
After numerous protests  by Roma organizations, a preliminary  investigation
was initiated with  regard to 12 youths aged 15  and 16 years.  This  attack
was the tenth to occur this year in Gyongyos against Gypsies. 23/

61.  The  number of assaults committed against  the Gypsy population in  the
Czech Republic  is on  the  increase.   In  1993,  the Ministry  of  Justice
recorded  46  offences motivated  by racial  hatred,  35 of  which had  been
committed by skinheads against Gypsies.  During the first half of 1994,  "77
offences  of this type were committed and 49 of  them targeted Gypsies.  All
the  above-mentioned offences are  the subject  of penal  proceedings and in
some instances the cases are already closed". 24/


C.  Other cases of racism and racial discrimination

62.  According to  two surveys published  by the British Medical Journal  in
February 1995, many medical departments in  British universities are said to
have  introduced in  1991 and  1992  discriminatory  ethnic criteria  in the
selection  of candidates who  had achieved  the same  results in competitive
examinations, favouring white students, whose chances  of being accepted are
one and a half times greater than those of African or Asian candidates. 25/

63.  In its  1994 annual report, the Canadian Human Rights Commission  draws
attention to the discrimination encountered  by aboriginal people  in access

to  employment.   "Despite  increasing numbers  of  young aboriginal  people
ready to  take their place in  the workforce, their  actual employment still
lags  far behind what it should be.  This was again  borne out by the latest
data on employment equity in the federally regulated sector and the  Federal
Public  Service". 26/ The report states that "The total number of aboriginal
people working for  federally regulated companies actually declined  between
1992 and  1993, from 6,126 to  6,030.   (...)  The situation  in the Federal
Public  Service  is  not  much  more  encouraging.    (...)  the  number  of
aboriginal  people (...) increased  between 1992  and 1993  and 1993-1994 by
only 51 (...)  Their representation thus remained essentially frozen at  two
per cent of the federal workforce". 27/

64.   In Australia,  in spite  of the  1975 Racial  Discrimination Act,  the
situation  of  the  inhabitants  of  the   Torres  Strait  Islands  and  the
aborigines  is   still  cause  for   concern.    The  overrepresentation  of
aborigines  in prisons is one of the most striking manifestations:  although
they represent 15  per cent of  the prison population, they  constitute only
1.6 per cent of  the total Australian population.   Aborigines are  the most
disadvantaged group  in terms of access  to housing,  education, health care
and employment. 28/

 65.   In Sweden, 1994 was marked  by acts directed  against minorities.  At
least  a dozen immigrants  were allegedly  assaulted and  several houses and
shops were apparently the  targets of arson  or were at least damaged.   The
Government  is  said  to  have  ordered  investigations  and prosecuted  the
persons responsible for  those crimes, who in  many cases were sentenced  to
prison. 29/

66.  In  the Netherlands, the number of  racist incidents occurring in  1993
was estimated at 350. 30/ 

67.    In Indonesia,  Indonesians  of  Chinese  origin  are prohibited  from
engaging in  some of their  cultural activities.  It  is strictly prohibited
for them  to  spread their  culture,  celebrate  their feasts,  use  Chinese
characters, let alone  publish articles in  Chinese, except  those appearing
in a daily newspaper belonging to the Government. 31/


D.  Racism and racial discrimination against Blacks, negrophobia

68.    Racism   and  racial  discrimination  against  Blacks,   negrophobia,
continues to exist in various forms in a number of countries.

69.  According to the Quebec Committee for the recognition of the Rights  of
Haitian   Workers  in   the   Dominican  Republic,   which   addressed   the
Subcommission  at its forty-seventh  session, the situation in the Dominican
Republic of the 500,000 braceros (sugar-cane  cutters) who are Haitians  and
Dominicans  born in  Haiti, is  alarming.   The working  conditions of  this
underpaid workforce,  which has no legal  status, were  already denounced by
the International Labour  Organization (ILO)  in a report  in 1983, but  the
Dominican  Republic has  failed to  pay any  heed  to  such criticism.   The
Committee still  maintains  that these  men  are  "often condemned  to  live
without drinking  water or latrines and without access to  basic health care
or  education for  their children.    Repression, arbitrary  detention,  the
suppression  of their  freedom of movement, persecution,  threats and forced
labour are  for them  an everyday experience".   Here again,  racism is  the
primary  cause  of  and  at  the  same  time  the  justification  for  these
violations of  the  rights  and  dignity  of  this  Black  minority.    This
manifestation of racism  seems to find support at  the highest level of  the
Dominican State,  whose President,  His Excellency  Joaquin Balaguer,  wrote
that "(...)  while [the  Haitians] reside  in Dominican  territory, some  of
them are  having children, which increases  the Black  population and serves
to corrupt  the ethnic complexion  of the country".  32/   Or still further,
"(...) the  excess population in Haiti constitutes a growing  threat for the
Dominican Republic. ...   Blacks, left to  their instincts and unchecked  by
the restraint that  would be imposed  on them  by a  relatively high  living

standard,  as  they  are  in  all   countries,  reproduce  with  a  rapidity
resembling that of plant species". 33/

70.  In Canada,  racial hatred is  being increasingly spread by groups  that
preach the "supremacy  of the white race" and  are linked to extreme  right-
wing paramilitary groups in  the United States of  America.  Groups  such as
"the Aryan  Nation" or "the  Heritage Front",  which are descendants  of the
first Canadian Ku  Klux Klan cell established  in 1921, openly  flaunt their
hatred of Blacks. Weapons seizures carried out by  the police among some  of
the militants in these  organizations have given  rise to fears on the  part
of many  observers of further  outbursts of violence and  the temptation for
these groups to resort to terrorism. 34/

71.  It is regrettable that  the racism spread by Canadian racist groups can
be exported:  an amateur videotape broadcast by the CBC in  January 1995 and
filmed, according  to  Agence  France-Presse,  in Somalia  in  1993,  showed
Canadian Blue  Helmets uttering  racist insults  to Somalians,  one of  them
saying:  "We still haven't  killed enough Blacks".  The Canadian authorities
reacted  speedily.  Several Canadian  soldiers were  tried and  convicted by
military courts  of the murder of  a Somali adolescent  and acts of  torture
committed at the same time in the Belet Uen detention camp in Somalia.

72.   Negrophobia is also violently  expressed in Europe.   The death on  23
February 1995 in Marseilles of Ibrahim Ali, a  French lycee student from the
Comoros killed  by billposters  belonging to  the National  Front, a  French
extremeright party, when  they fired a bullet into  his back, is an  extreme
expression of this.  The three members of  the extreme right-wing party have
been  placed   under  investigation   for  murder,   attempted  murder   and
complicity. 

73.   In 1994, other violent  racist acts were recorded:  on 16 April, a man
from  Guadeloupe was  seriously  injured  in Clermont  by  three  inebriated
youths; on 30 April in Saint-Ouen-L'Aumone,  two militants from GUN  (Groupe
Union Nationaliste, an offshoot of the  National Front for Youth)  assaulted
two  residents  of  African  origin  living  in  a  Sonacotra  hostel.   The
perpetrators of these acts were imprisoned.

74.   In  Portugal,  where  racist violence  is  rarer, owing  to  the  poor
economic situation  and  the growing  rate  of  unemployment more  and  more
persons are  turning towards extreme right-wing  groups.   The first victims
of this social and political upheaval  are immigrants from Portugal's former
African colonies.  On the night of 11  June 1995, for example, approximately
50 skinheads  attacked persons of  African origin in  the centre of  Lisbon.
Twelve of those persons had to  be hospitalized, including Alcindo Monteiro,
a  Portuguese  national  from  Cape  Verde,  who died  of  his  injuries the
following  day.  On  16 June,  approximately 10,000  persons demonstrated in
Lisbon to  protest racism  in their country  and the murder  of their  Black
fellow countryman.  35/  The following  day, two  white Portuguese nationals
were  stabbed as  a  reaction,  according to  the police,  to the  murder of
Monteiro. 

75.   Negrophobia also  affects Germany, where  in October  1994, a Nigerian
was  injured in several  places when  kicked and  stabbed with a  knife by a
group of young  skinheads.  In  the middle  of September,  an asylum  seeker
from Ghana  was thrown  from a  commuter train by  four men.   He was  found
severely  injured the following  day on  the tracks  and had  to have  a leg
amputated. 36/

76.   Violence by  the police  against Blacks  also exists  in Italy,  where
there were  four cases  of ill-treatment  and unjustified  arrests of  three
Zairians and  a Nigerian, who were  molested and  humiliated by carabinieri.
37/  Although the victims lodged  complaints following these incidents,  the
procedure was  apparently successful only  in the case  of one  of them, who
had  been  savagely  kicked  and  beaten  with  truncheons  by  three police
officers and left unconscious by  the side of the road.  The three men  were
given suspended one-year prison sentences.

77.  Lastly, it  should be pointed out that international organizations have
not been free  of some manifestations of racism with regard to  Blacks.  The
fortyeighth  World  Health  Assembly  resulted  in  the  indictment  of  the
Director-General of  WHO, Hiroshi  Nakajima, who, on  21 January  1995 at  a
meeting  of a  subgroup of  the WHO  Executive Board  is said  to have  made
comments that  were considered racist, stressing the difficulty that African
employees at  the organization's headquarters  had in "conceiving,  drafting
and  completing  working   documents".  The  Director  General  subsequently
expressed his apologies to the African countries and peoples.


E.  Racism and racial discrimination against Arabs

78.  Recent  attacks perpetrated in France, the  Middle East and the  United
States of America tend to reinforce anti-Arab feelings in the West.

79.  In  the United States of America,  a wave of  anti-Arab hatred occurred
after the deadly attack which destroyed  a building housing federal  offices
on 19 April 1995  in Oklahoma City.   Some media and political personalities
were  quick to attribute,  rather imprudently,  that act  to terrorists from
the Middle  East.  "Insults, broken  windows, smashed  windshields, such was
the penalty  imposed on Arab-American victims  after the  attack (...)". 38/
Walls were decorated with  the message "Arabs go home"; some were threatened
with death for what  "their people" had done.  The baby of Suhair al-Mosawi,
a  26-year-old  Iraqi refugee,  was  stillborn  after  the  mother had  been
molested by  Americans.  A man  even proposed on  a television channel  that
Arab-Americans should  be  interned in  camps  "as  was done  for  Japanese-
Americans during the Second World War".

80.   Public condemnation  is not  the only  form of  racism caused  by such
attacks,  for  which  very  frequently  there  is  an  attempt   to  find  a
predictable  culprit as  speedily as  possible.   The civil  war in  Algeria
prompted French authorities a year  ago to step up a  pressure on the  North
African  population by increasing  the number  of round-ups, identity checks
and arrests  of persons  of Arab  origin suspected,  rightly or  wrongly, of
being  linked to Algerian  Islamist groups.   The  recent deadly  attacks in
Paris,  attributed, without  complete certainty,  to an  Islamist  terrorist
organization,  have demonstrated  a psychosis  which readily  feeds on anti-
Arab racism.

81.   Arabs in France, whether  they are of French nationality  or not, are,
according  to  the  National Consultative  Commission on  Human  Rights, the
first  victims of racism  and racial  discrimination.  Indeed, approximately
two thirds of the  racist acts recorded in 1994 were directed against  North
Africans. 39/

82.  On  6 August 1994,  a young  man from a  Harki family was subjected  to
racist insults  by a band of inebriated  youths and drawn into a fight.  His
body was discovered the following day at the foot of a cliff.

83.   On 1 May 1995,  during the traditional  parade by  the National Front,
supporters of  this  extreme right-wing  party  threw  a Moroccan  into  the
Seine, where he drowned.  Lastly,  in August, Sid Mohamed Amiri, a young man
with dual  French and Algerian  nationality, was beaten  up in an  abandoned
quarry in  Marseille by three police officers, who, according to the victim,
attempted to kill  him and robbed  him of  2,000 francs.   The three  police
officers were immediately  suspended and  charged with  assault and  battery
and premeditated robbery.

84.    In  addition,  in  1994,  seven  mosques  were  targets  of  numerous
destructive acts (the throwing of Molotov cocktails and arson). 40/

85.  One particular phenomenon was really taken  into account only in  1994.
This relates  to attacks against North Africans in Corsica.   Twenty violent
acts  causing the death of a  Moroccan (killed in Ajaccio on 4 February) and
injuring  five  persons (also  Moroccan)  were  recorded  in  1994.   "These

manifestations, which hardly evoke any reaction, are becoming  commonplace."
41/

86.   In  Italy, this  form of  racism,  although  not as  widespread as  in
France, is partly  the work of police officers.   For example, the  Tunisian
Said Alaoui allegedly  was savagely beaten  during an identity check  in the
street by  four plain-clothes police officers,  then taken  in an automobile
to an  office  of the  municipal police.  42/   A witness  of the  incident,
Biagio  Imposimato, was  allegedly threatened  with loss  of his  job  if he
"said too  much" and  then was  struck and  insulted.   The police  officers
added that it was  people like him "who  want Moroccans  in Italy".  He  was
accused of incitement to disobey the law and then released.


F.  Anti-Semitism

87.  Anti-Semitism  remains a problem in  many countries and is particularly
sensitive to geopolitical developments in  the Middle East.   The signing of
the Israeli-Palestinian peace agreements triggered a recrudescence of  anti-
Semitic acts.  The Institute for Jewish Affairs warned in its annual  report
for 1995 against  growing anti-Semitism  among radical  Muslims in  Algeria,
Jordan and  Egypt, and  singled out for  special mention Hizb  al-Tahrir, an
organization with headquarters in London, which  has called for the  killing
of Jews.

88.  Anti-Semitic violence in France has ebbed slowly since 1991,  levelling
off in  1994, when 19 violent acts were recorded, as against 17 in 1993. 43/
These acts were  directed for the most  part against synagogues, but members
of the French  Jewish community were also targeted.  Some of these acts were
committed by members of the far right linked  to the United States  neo-Nazi
group  NSDAP-AO and  also by  isolated  individuals  motivated by  a simple-
minded anti-Semitism not based  on any particular ideology.  Eight of  these
acts were  allegedly carried  out in  reprisal for the  massacre of  several
dozen Palestinians  on 25  February 1994  at the  Cave of the  Patriarchs in
Hebron in the West Bank.

89.  Two events  in particular have caused considerable agitation among  the
Jewish community.   The first was  the double desecration,  in May and  July
1994,  of a  plaque at  Rillieux-la-Pape honouring  the memory of  the seven
Jews  killed by the Lyons militia in  1944 on orders from Paul  Touvier.  In
April, Paul  Touvier became the first  French citizen to  be convicted of  a
crime against  humanity.   The second  event was  the sending  by the  Swiss
Jurgen Graf  to several members  of Parliament from  the departments of  Est
and Ile-de-France  of his book which  denies the existence of the holocaust,
L'holocauste au scanner, distributed from Belgium.   The circulation of  the
book in France was banned in December 1994.

90.  Like racism in general, anti-Semitism is particularly developed in  the
Paris  region, where  there is  a large Jewish  community and  skinheads are
very active. 44/   Alsace and Lorraine,  too, are especially affected, owing
to a  hard core of  neo-Nazi militants  belonging to the  Parti Nationaliste
Francais Europeen (PNFE).

91.  In 1994 the police questioned eight  suspects and charges were  brought
in every case.

92.   According to official  statistics, anti-Semitism  increased in Germany
by 60 per cent  in 1994, with 1,040 incidents reported, including 56 violent
acts. The most serious incident was the destruction of the Lubeck  synagogue
by fire  on 25  March.   This criminal  act was  the first  to be  committed
against a  Jewish place of  worship since  the Second  World War.   Four men
were convicted and sentenced to two  and a half to four  and a half years of
prison for the act.   The deputy mayor of  Lubeck, who had protested against
the leniency  of the  judges towards  the men,  escaped being  injured by  a
letter  bomb which  police believe  to have  been sent  from Austria  by  an
extreme right-wing organization.

93.   On 8 May  1995, 50 years  to the  day after the surrender  of the Nazi
regime,  the synagogue,  which had  just  been  rebuilt, was  the target  of
another fire  bomb attack.   A  few days  earlier, 103  headstones had  been
overturned in a Berlin cemetery where victims of Nazism were buried. 45/

94.   In 1994,  more than  90 per  cent of  anti-Semitic incidents  involved
graffiti  and  the  distribution   of  propaganda  and  insignia  of  banned
organizations.  Three  cases of  bodily injury  and more  than 40  incidents
involving  desecration of  monuments, including  acts  of vandalism  at  the
former Buchenwald concentration camp, were recorded. 46/ 

95.   In Austria,  Jorg Haider,  leader of  the Freiheits Partei  Osterreich
(FPO),  an extreme right-wing party, speaking during  a parliamentary debate
on recent bombing attacks against Roma,  sought to minimize the  persecution
of Jews  in  the concentration  camps,  which  he described  as  "punishment
camps". 47/

96.  Anti-Semitic incidents  are rare in Hungary.   Mention should  be made,
however,  of  the  many  swastikas and  other  anti-Semitic  graffiti  which
appeared during  the electoral campaign.  In March a Jew  was stabbed in the
thigh by two skinheads in the Budapest underground.

97.  In Ukraine, Jews, who number more than 500,000, are the second  largest
ethnic minority  in the  country.   Jews  are worried  about expressions  of
anti-Semitism, especially  the rise  of  an ultra-nationalist  group in  the
western part of the  country which has made the spread of anti-Semitism  one
of its aims. The group has not yet won approval as  an official party at the
national  level, but has been able  to operate openly in the  city of L'viv.
Mention should also be made of  reports that anti-Semitic articles  continue
to appear in  local newspapers  and that  more than  five Jewish  cemeteries
have been desecrated. 48/


             G.  Discrimination against immigrants and migrant workers

98.  On  27 December 1994,  at Torvaianica,  Italy, a  15-year-old girl  was
accidentally killed  by  a car  in  which  four intoxicated  Moroccans  were
riding.  The following  day, a  Moroccan was  attacked with  a knife  by  an
Italian  in a bus.  Another was knocked off his  motorcycle and beaten up by
four  Italians.  On 1 January 1995 a Moroccan was wounded by a bullet and an
Indian stabbed.   These acts of aggression seem to testify to  the growth of
anti-immigrant sentiment in Italy. 49/

99.  Once a country  of emigration, Italy is today host to some 1.5  million
workers,  both legal and  illegal, from  Africa and Eastern  Europe, and its
population  is not  accepting  of  their  presence.    The response  of  the
coalition  Government  in  power  at  the  time,  which  included  Ministers
belonging  to the  National  Alliance,  with  neo-Fascist leanings,  was  to
propose,  like  other  European  countries,  that  immigration  be   sharply
curtailed.

100.   In Asia,  Japan and  the newly  industrialized countries  (Singapore,
Malaysia, Thailand  and  the Republic  of  Korea)  are currently  facing  an
unprecedented  influx of  migrant  workers.   The  number  of  transregional
immigrants  in  Asia  is estimated  today  at 2  million,  as compared  with
200,000  in 1980. 50/   The  receiving countries benefit  from cheap labour,
but the presence of these migrants is not always welcome.

101.   In  Malaysia, migrants  are reportedly  considered to  be sources  of
disease and crime.   In the Republic of  Korea, people complain  about their
presence  and in  Japan extreme  right-wing  groups  have put  up xenophobic
signs  in parks  to  which  foreigners go  in  large numbers.    Often,  the
presence of migrants  is depicted as  a threat  to national  security.   The
Republic of  Korea has vowed  to expel  all illegal  aliens by  1999 at  the
latest. 51/

102.  The tendency  to blame foreigners  for domestic problems is  therefore
assuming world-wide proportions.

103.  Four fifths  of the immigrant population  in Europe is concentrated in
six countries  (Belgium, Germany, France,  the Netherlands, Switzerland  and
the United Kingdom) and among that population there  are many who have  been
victims of  racist behaviour and discrimination.   In  Germany, for example,
Turkish residents continue to be the main victims of xenophobic acts.

104.    In several  countries  where  the number  of  immigrant  workers  is
relatively  large, businesses  refuse to  hire  foreigners  on a  variety of
pretexts:  "the employees  will not accept foreigners or persons of colour";
"the public image of  the company would suffer".  Employers are not required
to give reasons for hiring or  rejecting job applicants and it is thus easy,
in the absence of  any tangible proof, to  evade any accusation  of unlawful
discrimination.

 105.  Alongside this discrimination  in hiring, in some countries there are
legislative  and regulatory provisions prohibiting  foreigners from engaging
in certain  occupations or limiting their  number, reflecting  in some cases
the fear  of foreign influence  in areas supposed  to be  sensitive but more
often  a  desire to  protect  the  economic  activity  of nationals  against
foreign competition, or, in other words, protectionist concerns.

106.  Within companies, discrimination, which  is hard to prove,  influences
conditions of employment, wages and career  development, and determines  who
gets  laid  off.    Racism is  encountered  daily  in  companies  where  the
atmosphere  may  be  marked  by  jokes  in  poor  taste  and  by  widespread
stereotyping.  It  is believed that this kind  of racism does not entail any
real  danger  of exclusion  or  discrimination,  and,  as  a  result, it  is
tolerated.  That is  why those who  sometimes make racist remarks and  those
who are on the receiving end  of such remarks are not  aware that a crime is
being committed.   Growing  job insecurity  and fear  of unemployment  often
lead victims  to accept  humiliating  situations and  witnesses to  abdicate
their responsibilities.   Some say that  the legal  framework in the  closed
world  of  a company  does  not  provide  adequate  guarantees of  effective
protection.

107.   Many studies by  ILO 52/ identifying  the forms  of discrimination to
which migrant workers are subjected emphasize  that they are concentrated in
certain branches of economic activity:   those in which seasonal  variations
in demand are  greatest and in which there  is the least scope for acquiring
job  skills.   All the  conditions are  present therefore  for a  systematic
avoidance  of the use  of labour  contracts, particularly  through resort to
the employment of illegal workers.

108.   The nationals  of a  country, especially  in  times of  unemployment,
focus their  attention on immigrants,  who are accused  of taking jobs  away
from them. These fantasies  are fed by the spectre of illegal immigrants, to
whom the press  gives a great  deal of  coverage.  This  is the result of  a
situation which one observer has described in the following terms:

  "The old  law of classical economics  has not aged  one bit:   competition
for  jobs drives down the level of  wages.  It is useful  in some situations
to  give  employment  to  some  categories  of  the  population  which  have
traditionally been paid less  than the historical  level of wages, while  at
the same time creating the impression  that these workers are  interlopers."
53/

109.    The laws  enacted in  the Western  countries, sometimes  prompted by
xenophobia, have not succeeded  in stopping immigration  or in significantly
reducing  the number of  aliens in  their national  territories; rather they
have  helped to marginalize  many of these  aliens by  changing their status
from  legal to illegal.   Since  immigration was  suspended, France's policy
has  focused on controlling  flows and  checking illegal  immigration and on
integrating the  legal immigrants.  France has rallied the group of European

countries  linked through  the Schengen  Agreement in support  of stepped-up
controls  along Europe's borders.  On 22  August 1995,  France's Minister of
the Interior announced  the intention  of increasing  expulsions of  illegal
aliens  by  50  per  cent  by  resorting  to  collective  expulsions, which,
according to him, were more economical and more effective as a deterrent.


H.  Discrimination against women

110.  The  obsessive fear of an invasion  from within can result in  serious
violations  of  the rights  of  immigrant  or  minority  women and  offences
against their person.  Two examples might be mentioned.   In February 1995 a
Somali woman  who was seven months  pregnant was reportedly  beaten to death
in a bus  in Ostia, Italy,  by three  youths aged 16  and 17 years who  were
arrested.    A Bangladeshi  woman  was  injured  in  the same  circumstances
several days later. 54/

111.   The  case of Moufida  Ksouri should  also be  mentioned.   On 15 July
1993, this young Frenchwoman  of Arab origin was raped by two Italian police
officers in the premises of the  frontier checkpoint at Ventimiglia,  Italy,
and then  by a  member of the French  air and border police,  who reportedly
made  racist remarks  in addition,  in  the  adjoining French  checkpoint at
Menton.  The two Italian police officers were found guilty and sentenced  to
five years and eight  months in prison.   As of April 1995 the  French court
proceedings had not yet been concluded. 55/


I.  Racism and discrimination against children

112.  On 23 September 1993, Tarzan Sulic,  an 11-year-old Rom, was killed by
a  bullet fired at  point-blank range  by a police officer  in Padua (Italy)
and his  female cousin, Mira  Djuric, was seriously  wounded when they  were
held illegally in  a cell at  a police station.   The murderer  was given  a
suspended sentence of five  months and two days'  imprisonment. 56/  In July
1994, two Italian railway  police officers are said to have taken two  young
Romany girls aged 11 and 13, who were begging, to  the police station at the
Porta Nuova Station in  Turin and cut their long hair before releasing them.
The  Romany  cultural tradition  attaches great  value to  the long  hair of
Gypsy women.  Other similar humiliations to punish  beggars are said to have
been recorded in Milan and Rome. 57/

113.   In France,  children  born of  foreign  parents  on French  soil  are
regarded  as full  French nationals,  but it  sometimes happens  that, as  a
result  of hasty  procedures, they  find  themselves  separated from  one of
their parents  when the latter  is found to  be illegally  in the territory,
despite the legislation which prohibits the  expulsion of parents of  French
children.   The failure to regularize  the administrative  situation of such
parents inflicts a certain injury on them, but  inflicts an even greater one
on their children, who are thereby deprived of a normal family life. 58/

114.   At  times, racial  discrimination  is  coupled with  violence against
children. In  Brazil, for instance, the  majority of  street children killed
by the death squads are Black or of  mixed race.  In the State of Sao Paulo,
the proportion of Black  or mixed-race children killed is estimated at  56.7
per  cent. 59/  In Rio  de Janeiro, where in July 1993 the massacre of seven
children   in  front   of  the   Candelaria  church   aroused  national  and
international public opinion, the proportion rises to 80 per cent. 60/

115.   Discrimination against children  is also evident  in education.   For
instance,  many  authorities   refuse  to  provide  schooling  for   foreign
children, on account  of their inadequate knowledge of the language in which
instruction  is provided (United States,  New Zealand ...)  or on account of
the irregular situation of  the parents in the  territory (a case  which was
reported in many municipalities  in France in 1993).  The aim of Proposition
187, which  is currently  suspended on account  of an appeal  to the  United
States  Supreme  Court,  was also  to  prohibit the  access  of children  of

undocumented migrant workers to education in the state of California.

116.   Similarly, in  eastern Ukraine,  Russian speakers  have complained of
the growing use of the Ukrainian language in  the schools and in the  media.
They  claim that their children are at a disadvantage since the introduction
of tests of knowledge of Ukrainian in university entrance examinations. 61/

117.   The denial of access to education, in many  cases in violation of the
law, blocks  the integration of foreign  children, an  integration for which
the school serves as the first, and probably the most effective, vector.


            J.  Incitement to racial hatred and freedom of opinion and
                of expression

118.  The  role of certain media in  reporting racist remarks and appeals to
violence, ethnic or racial hatred and  genocide, using either clandestine or
legally established  radio stations, is becoming  increasingly a matter  for
concern.

119.   In Burundi, for example, the  conflict between the Tutsi and the Hutu
is  fed  by  calls  for  war  and  for  violence and  hatred  propagated  by
clandestine radio stations such  as Radio Rutomorangingo. 62/  The extent of
the massacres of the  Tutsi of Rwanda can be  attributed to the campaign for
the  extermination of the  Tutsi orchestrated  by Radio-Television Libre des
Mille Collines (RTLM). 63/   The newspapers Le Carrefour des Idees,  L'Aube,
Le Temoin, Nyabusorongo, L'Eclaireur and Le  Miroir have helped to  transmit
those messages.   Others have  incited to interethnic  violence by means  of
coded messages.

120.   In the  former Yugoslavia,  the same phenomenon has  been observed to
the detriment of the non-Serbs.  In Uppsala, in Sweden, Radio Islam  engaged
in  the  same  type of  propaganda  against  the  Jews.    Its Director  was
sentenced to  six months  in prison  on a  charge of  incitement against  an
ethnic group  for having, in 1989,  broadcast programmes  which attempted to
maintain  that one of the commandments of Judaism  was mitzvat Amalek, which
was said to make it incumbent upon Jews to kill all non-Jews.

121.    Apart  from  the hate  media,  the traditional  media  contribute to
differences  of opinion  with regard  to immigrants,  ethnic  minorities and
indigenous   populations   by   propagating  stereotypes   and   summary  or
tendentious  analyses  which  help  to  reinforce the  prejudices  on  which
intolerance flourishes.
  122.    Media  coverage  of  events   relating  to  immigration  and   its
repercussions  can help  to  exacerbate racist  and  xenophobic  sentiments.
Foreigners   in  general,   and   immigrants  in   particular,   are   often
characterized by  certain media as  delinquents or as  bringing with  them a
destabilizing influence, violence, or disease; 64/  or they are presented as
people incapable of adapting  to the national values.   Polls carried out by
the media often  ask such questions  as: "Could the expulsion  of immigrants
have  a  favourable influence  on  the  employment  situation?"  or "Of  the
following scourges of  our society:  unemployment, insecurity,  immigration,
drugs, which seems to you the most urgent to control?".

123.   These methods  strengthen the  informal techniques  of exclusion  and
isolation in  urban ghettos  and keep  alive the  culture of intolerance  of
foreigners or of those of the population belonging  to minority groups.   As
an  example, mention might  be made  of the  generally accepted  ideas which
tend  to associate the  phenomena of  drug abuse,  delinquency and terrorism
with immigration  and racial or ethnic origin  and which can, as a result of
many repetitions in  the media, lead  those belonging to the  majority group
to have  mental perceptions  in which  subjectivity  and objectivity  become
confused.

124.  Similarly, the  lexicological choice made and the selectivity used  in
dealing with  an event, and  thus, for example,  in designating  some of the

actors,  will  affect  the  perception  that  the  public will  have  of  an
immigrant  community or  a given  ethnic or  racial group.  65/   Thus,  the
deliberate  choice made  by certain  journalists  to cover  only sensational
events helps to create a caricature, an often unfavourable image, of  ethnic
minorities.   The latter  will appear  on the front  page only  when one  of
their number is involved  in a matter relating  to morals, drugs  or illegal
immigration and, in  general, when he or  she has failed  to conform  to the
standards  of  the host  society.   Thus,  certain  terms used  to designate
objective  geographical realities,  such  as "Arabs",  "North  Africans"  or
"Africans",  have,  as a  result  of  their pernicious  use,  come  to  have
pejorative connotations among the fringe population in Western societies.

125.   When foreigners are presented in a favourable light by the media, the
emphasis is  on their  utilitarian aspect, their  essential contribution  to
the  national   (economic)  wealth,  and   only  rarely  on  their  cultural
enrichment contribution.   Some  reports,  by presenting  the traditions  of
minorities in an  old-fashioned or quaint manner, may help to perpetuate the
myth  of the noble savage and there may be inherent in  them the view of the
superiority of the majority culture of  Western society, more urbanized  and
further removed  from its peasant  roots or  traditions.   The existence  of
ethnic minorities is justified only by  their contribution to the well-being
of the majority or as a result of its good will.

126.   To take  the  example of  the United  States, the  media, apart  from
substituting the term "African American" for  those of "Nigger", "Negro"  or
"Black",  in  feigned or  genuine  support  of  the  doctrine of  "political
correctness", should  endeavour to  provide images  of the  African-American
community which  are  not reduced  to  the  cliches of  dealer,  prostitute,
procurer, drug addict or delinquent.

127.  It is  comforting and encouraging to  note the mobilization of certain
papers  specializing in  political analysis  or commentary  to denounce  and
censure racism and xenophobia.  The mass media have a  decisive role to play
in  combating racism and  in arousing  an awareness of  acceptance of others
and respect for the dignity of the human being.

128.   Incitement to  racial hatred  is also practised by  more or less well
organized  political groups, or even  individuals, who do not have access to
the  mass  communications  media.     Their  racist  message   is  therefore
disseminated  on a smaller scale and  in a more  insidious manner.  In 1994,
for instance,  a resumption of threats  was noted in  France, mainly in  the
form of racist tracts and graffiti.  "The  Algerian political context is  in
all likelihood responsible for  the resurgence of  former provocative tracts
such as JALB and Francarabia musulmane,  which had almost disappeared  after
January 1992.  ..."  The end of  1994 was marked by the appearance  of a new
pamphlet, essentially anti-Muslim,  which was addressed to several  security
companies.     Emanating  from  the   so-called  "Forces  republicaines   de
Liberation de  la France",  it urged them  to "kill,  crush, burn,  dynamite
everything which is Algerian or Arab, preaching Jihad on our soil". 66/

129.   In the United  Kingdom, an important  rally of Muslim fundamentalists
was  held  at Wembley  Stadium on  7 August  1994  under the  banner of  the
British  organization Hizb al-Tahrir.   In  January 1994,  this organization
had publicly called for the murder of Jews  throughout the world to  "hasten
the coming of the 
Last Judgement". 67/

130.  Governments are  facing the delicate task  of finding a proper balance
between the conflicting principles of a  democratic society:  the obligation
to  recognize  the  freedom  of expression  of  all  its  members,  and  the
obligation to  protect ethnic  minorities against  insults and  persecution.
The task  is all the more delicate in that language can be adapted to arrive
at racist conclusions  without incurring the penalties  of the law.   Racism
can henceforth be expressed using the words of democracy.

131.  The emphasis has been  placed on the resolute manner in which neo-Nazi

parties are the ones  most often condemned or  banned.  Democratic societies
are,  however,  confronting  the  emergence  within  democratic  parties  of
extreme rightwing political organizations of a  new kind "capable of playing
an effective part in national political life to  the point of shaking up the
traditional power  structure.  These organizations  appear more 'modern'  in
the sense that their  leaders have quickly understood  that in order  to win
over  the  electorate  they  must  detach  themselves  from old  ideological
references  to fascism or  national socialism ...".  68/   The prototypes of
these  parties are  the Centrum  Democraten  in  the Netherlands,  the Front
National in France, the Republikaner in Germany, the Front National and  the
Parti   des   forces   nouvelles,   the  Vlaams   Blok,   in   Belgium,  the
Freiheitspartei  Osterreich  FPO  in  Austria  and  the  Movimento   Sociale
Italiano (MSI) in Italy.  This  pressure of nationalist xenophobic movements
reflects a growing estrangement between elite groups and ordinary citizens.






              IV.  MEASURES TAKEN BY GOVERNMENTS AND INTERGOVERNMENTAL
                  ORGANIZATIONS

               A.  Education in human rights and measures to combat
                   racism, xenophobia, anti-Semitism and intolerance

1.  Governments

132.   On  16  July,  on the  occasion  of the  ceremony  commemorating  the
fiftieth  anniversary  of  the  round-up   at  the  Velodrome  d'Hiver,  the
President of  the French  Republic recognized  for the  first time  France's
share of responsibility for the deportation of Jews during the Second  World
War and the State's permanent debt to the victims.

133.   The Mexican Government, after  informing the  Special Rapporteur that
no instance  of racial  discrimination had  been brought  to its  knowledge,
stated that "the National Human Rights  Commission has prepared a  programme
of  education in human rights, the purpose of which  is to include the study
of human rights  in the school  curriculum at  the elementary  level and  to
train the teaching personnel". 69/   Educational support materials have been
prepared and an educational project along  those lines has been  introduced,
on an experimental basis, in a primary school in the Federal District.

134.   In Portugal, there  are programmes and activities  aimed at promoting
harmony, tolerance, dialogue  and solidarity among peoples.  In  particular,
the project for intercultural education is  designed for pupils enrolled  in
compulsory  education who  come mainly  from ethnic  cultural minorities, as
well as teachers,  families and communities.   In the same context,  mention
should  be  made  of  the  Coordinating  Secretariat  of  Multicultural  and
Intercultural  Educational Programmes,  which was  established on  13  March
1991.   It comprises the  central and regional  services of  the Ministry of
Education and its function is to coordinate,  stimulate and promote, at  the
level  of  the  educational  system,  programmes  and  activities  aimed  at
encouraging harmony,  tolerance,  dialogue  and  solidarity  among  peoples;
promoting   intercultural   dialogue,   in   collaboration   with   parents'
associations, pupils and  municipal and other local institutions;  promoting
civics    literacy   activities    in   communities;    and   carrying   out
characterization studies  of  zones and  schools  at  risk, with  regard  to
conflicts or racial violence. 70/

135.   Sweden,  for  its  part, has  undertaken to  wage a  campaign against
xenophobia, aimed  at young people,  from 1994  to 1996, in  connection with
the campaign  of the  Council of  Europe against  racism, xenophobia,  anti-
Semitism  and  intolerance, adopted  on  8 and  9  October  1993  in Vienna.
Sweden  is also  participating  actively in  the Nordic  countries' campaign
against xenophobia. 71/

136.  The Netherlands  Government has undertaken to make public opinion more
aware of questions  relating to racism  and discrimination through publicity
campaigns and legislative initiatives. 72/




 2.  European authorities

137.   On  26  January  1995, 50  European deputies  decided to  establish a
branch of  the Interparliamentary Council  against Anti-Semitism within  the
European Parliament.  During  the inaugural meeting of  the branch, at which
the  question of combating  revisionism in  Europe was  being considered, it
was  proposed that  the countries  of  the  European Union  should harmonize
their anti-racist legislation.

138.   On  17  February, the  European Parliament  adopted  a resolution  on
racist murders in Austria, in which it condemned  all acts of racial  hatred
and  those  who, espousing  racist prejudices  and xenophobia,  promoted the
introduction of a climate  which was conducive to such crimes, and it  urged
the Austrian  authorities to  use all necessary  means to  bring the  guilty
parties to justice. 73/  It also  invited the Ministers of the  Interior and
of Foreign Affairs of member States to establish an ad hoc working group  to
control and combat terrorist, racist and extreme right-wing groups.

139.   Lastly, in  February 1995, 21 States of  the Council of Europe signed
the framework agreement for the protection of national minorities. 74/


                  3.  United Nations Educational, Scientific and
                      Cultural Organization

140.   During the  past year,  UNESCO has  had occasion  to  organize or  to
participate   in  several   seminars   dealing  with   racism   and   racial
discrimination.   On 13 and  14 May  1994, for  instance, a workshop  on new
forms of discrimination,  organized jointly by UNESCO and the  Marangopoulos
Foundation  for  Human Rights,  was  held  in Olympia  (Greece).    At  that
meeting,  experts representing  intergovernmental organizations  engaged  in
combating  discrimination  discussed the  following topics:   discrimination
against  immigrants,  the  protection of  refugees,  and  the  prevention of
discrimination against minorities.

141.    UNESCO participated  in  the  work of  the  seminar  on  "exclusion,
equality  before   the  law   and  non-discrimination"   organized  by   the
secretariat of the Council of Europe  in collaboration with the  Intercentre
of Messina in October 1994.

142.   In November  1994,  UNESCO and  the  Centre  for Studies  on  Turkey,
organized  an  international  conference  on  the  theme  "Migrants  in  the
European  Union:  between  integration and  xenophobia".   Five major topics
were discussed during the conference:

  (a)  Theories of genetics as the basis for human behaviour;

  (b)   Current factors and  causes of racism, violence  and intolerance and
how they can be addressed;

  (c)   "New  racism" and  national  socialism  - perspectives  and possible
solutions based on studies in the fields of social science, natural  science
and culture;
    (d)  International and  intra-societal problems of  violence -causes and
patterns;

  (e)   For a culture of  peace and democracy  - conditions  and options for
the overcoming of racism, violence and intolerance.

143.  Lastly, mention should be  made of the participation of  UNESCO in the
organization of the  International Seminar  on Tolerance, held at  Bucharest
from 23 to  26 May 1995, under the auspices of the Organization for Security
and  Cooperation in  Europe, the  Council of  Europe and  the Government  of
Romania.


           B.  Application of administrative and legislative procedures
               against racial discrimination                           

144.  In Germany,  thanks to the vigorous action of the federal  Government,
the number of racist or xenophobic criminal acts  is said to have  decreased
by  50  per cent.   During  the first  half  of 1994,  1,895 crimes  against
foreigners  were committed,  ranging from  attempted  murder to  arson.  75/
Data published  by the  federal Government  in January  1995 indicated  that
1,233  acts of  violence were  perpetrated by the  extreme right  during the
first  11 months  of 1994.  76/ This  shows a  significant decrease  in  the
violence committed by extreme rightwing groups  in relation to the  previous
year.

145.    While  the  overall  number   of  violent  attacks  has  appreciably
decreased,  the fact  remains  that racist  and  xenophobic  sentiments also
continue to be expressed  non-violently, by means of graffiti or through the
clandestine  dissemination  of  neo-Nazi  propaganda.    In  addition,   the
violence perpetrated  against foreigners sometimes  seems to be  accompanied
by conduct  on the part of  certain elements in  the German law  enforcement
agencies which  is  motivated by  feelings  of  xenophobia.   A  distinction
needs, though,  to be  made between the  situation in  the old  and the  new
Lander, in that police action often appears to be more prompt and  effective
in the western part of Germany.  It is, however, important to note that  the
proportion of racist crimes solved  by the police has risen from 8 per  cent
in 1993 to 30 per cent in 1994. 77/

146.  The German  Government's response to  the resurgence of violence  from
the  extreme right  has  had  positive  effects  over  the past  two  years.
Programmes designed  to educate youth and  promote closer relations  between
Germans and foreigners have been instituted;  however, the issue of training
and motivating the police forces in the new Lander still calls for  constant
attention and substantial resources.

147.   Under the  terms of the  German Constitution  (Fundamental Law), only
the Constitutional Court can  ban political parties.   It is also  the Court
which  decides  what  organizations   may  be  classed  as  "parties",  thus
delimiting the  freedom of  action of the  federal Government and  the local
authorities.  Following  reunification,  the   Government  stepped  up   the
campaign  against the  most radical  organizations of  a  national-socialist
persuasion.   Thus in February 1995, two organizations  78/ were banned, one
by the Ministry of  the Interior and the  other by the  Hamburg authorities.
In May 1995, a neo-Nazi organization  (Direct Action-Middle Germany) with 70
known members,  some of whom were  advocating recourse  to terrorist action,
79/  was also banned.  This was the fifth banning since  1990.  In 1993, the
listing  of  the Federal  Office  for  the  Protection  of the  Constitution
included 77 extreme right-wing groups with a total of 42,000 members.

148.   In February  1995, two Germans  charged with intimidation  and public
incitement  to commit  a crime  were  sentenced  respectively to  two years'
imprisonment and an 18-month suspended sentence  for having drawn up  a list
of 280 "anti-nationalist" individuals  to whom they  had promised  "restless
nights". 80/

149.   In  France,  in May  1995,  a  court ordered  the  withdrawal from  a
controversial translation  of the  Bible of  certain passages  81/ which  it
felt were likely to  revive anti-Semitism.  The  publisher is to  be ordered
to pay  to the  International League  against Racism  and Anti-Semitism  300
French francs for each copy sold after 11 May.

150.   Sometimes,  despite stricter and more  comprehensive legislation, the
courts do not make use of racism as the charge, preferring  to pass sentence
on the basis  of more traditional  common-law grounds.   An  example is  the
case of the neo-Nazi leader Mr. Priem, who  in May 1995 was sentenced by the
Berlin  Criminal Court to  three and a half  years' imprisonment for illegal
possession of  weapons, 82/ although racist  propaganda had  also been found
at his residence.


         C.  Measures beneficial or harmful to groups that are victims of
             racism and racial discrimination                            

151.  Following his  mission to the  United States of America (9-22  October
1994),   the  Special   Rapporteur  made,   among  others,   the   following
recommendations to the United States Government:

  (a)  It  should explicitly acknowledge "that  30 years of intense struggle
against  racism and racial discrimination  have not yet  made it possible to
eliminate  the  consequences  of  over  300  years  of  slavery  and  racial
discrimination, particularly where African Americans are concerned";

  (b)   It should revitalize "affirmative  action programmes ... in order to
offset the negative consequences  of the policy pursued  during the 1980s in
the fields of health, housing, education and employment". 83/

152.   The Special Rapporteur notes  that since the beginning of the year an
intensive debate  has taken  place in  the United  States over  the need  to
abolish,  maintain or recast  programmes comprising measures for the benefit
of disadvantaged  groups (affirmative action).   The positions  taken by the
three  main  branches of  power  -  the  executive  (the  President and  his
administration), the legislature  (Congress) and the judiciary (the  Supreme
Court) - as well as by other influential figures, including the Governor  of
California, have  a not insignificant impact  on the direction of the debate
and the future options.  Accordingly, it is important  to draw the attention
of  the General  Assembly to  the  importance  that attaches  to maintaining
affirmative action  programmes in  order to  guarantee by  law an  effective
equality of opportunity for members of ethnic and racial minorities.

153.   The United States  Supreme Court seems  to be  taking an increasingly
retrogressive position  with regard to  affirmative action,  as is  apparent
from its  decision of 12 June 1995,  Adarand Inc. v. Pena, in which it ruled
that the  award of  a contract  to a  company belonging  to a  member of  an
ethnic minority  instead of  to a  company whose  owner is white,  under the
terms   of  certain  programmes   in  favour   of  ethnic   minorities,  was
unconstitutional.    The Court  clarified  that  "many  federal  affirmative
action   programs,  under  the  equal  protection  component  of  the  Fifth
Amendment's  Due  Process Clause,  must  be  reviewed  by  the Courts  using
'strict scrutiny'.   To surmount  this hurdle the  program must  be shown to
meet a 'compelling governmental interest' and  must be 'narrowly tailored to
meet  that  interest'.    To  many  legal scholars  strict  scrutiny  is  an
insurmountable obstacle.   This  means the  Government could  have to  prove
that  each  program helps  only those  individuals  who  can show  they were
victims of past  discrimination, and not  just attempts to  help all  racial
minorities."

154.  This retrogressive  attitude of the Supreme  Court, which is supported
by the majority  of Congress, stems  from the  idea that affirmative  action
measures  have achieved  their objectives  and have  thus  become pointless.
The opponents  of affirmative action claim  that the  system creates reverse
discrimination against whites.  In California,  Governor Pete Wilson, who is
seeking  the  Republican nomination  in  the  1996  presidential  elections,
shares this view, and accordingly, on 10 August 1995, called upon the  Court
of Appeal of  the State of  California to  declare a  number of  affirmative
action programmes unconstitutional.

155.   The opposition of the  Supreme Court and  the majority of Congress to

measures  directed  against  racial  discrimination  runs  counter  to   the
conclusions arrived  by a recent survey  conducted on the  initiative of the
President  of  the  United  States  in  relation  to  the  implementation of
affirmative  action  programmes.   The  authors  of  the  survey report  the
following findings:

  "There has  been undeniable  progress in  many areas.   Nevertheless,  the
evidence is  overwhelming  that the  problems  affirmative  action seeks  to
address  -  widespread   discrimination  and  exclusion  and  their   ripple
effects - continue to exist.

  "Minorities  and  women remain  economically  disadvantaged:    the  black
unemployment  rate remains  over  twice  the  white  unemployment  rate;  97
percent of senior managers in Fortune 1000 corporations  are white males; in
1992, 33.3  percent of  blacks  and 29.3  per  cent  of Hispanics  lived  in
poverty,  compared to 11.6  percent of  whites.  In 1993,  Hispanic men were
half  as likely  as white  men to  be managers  or professionals;  only  0.4
percent  of senior  management  positions  in Fortune  1000  industrial  and
Fortune 500 service industries are Hispanic.

  "Blatant  discrimination  is a  continuing  problem  in the  labor market.
Perhaps the  most convincing evidence comes  from 'audit'  studies, in which
white  and minority  (or  male  and female)  job seekers  are  given similar
resumes  and sent  to the  same set  of firms  to apply  for  a job.   These
studies often find that  employers are less  likely to interview or offer  a
job to minority applicants and to female applicants.

  "Less  direct  evidence  on  discrimination  comes  from  comparisons   of
earnings of blacks and  whites, or males and females.  Even after  adjusting
for  characteristics that affect  earnings (such  as years  of education and
work  experience), these studies  typically find  that blacks  and women are
paid  less than  their white  male  counterparts.   The average  income  for
Hispanic women with college degrees is less than  the average for white  men
with high school degrees.

  "Last year alone,  the Federal Government received over 90,000  complaints
of  employment discrimination.   Moreover, 64,423 complaints were filed with
state and local  Fair Employment  Practices Commissions, bringing the  total
last year to  over 154,000.  Thousands of other individuals filed complaints
alleging racially motivated violence and discrimination in housing,  voting,
and public accommodations, to name just a few." 84/

156.  The President of the United States, for his  part, has stated that his
Administration  will  continue  to  support  measures  designed  to   ensure
equality  of opportunity  in  employment,  education and  access  to  public
markets for  Americans  who are  victims  of  racial discrimination  or  its
ongoing  effects, to the extent that such measures  make a real contribution
to  the  attainment  of  the  objectives  in  pursuit  of  which  they  were
instituted.    However, he  has  embarked on  a  policy of  recasting  these
measures by ordering  all heads of public departments and agencies to comply
with  the following guidelines:   "The policy program  must be eliminated or
reformed  if  it:    (a)  creates  a  quota;  (b)  creates  preferences  for
unqualified   individuals;  (c)  creates   reverse  discrimination;  or  (d)
continues even  after its  equal opportunity purposes  have been  achieved."
85/   He also  stated that  "the Supreme Court's recent  decision in Adarand
Inc.  v.  Pena requires  strict  scrutiny  of  the  justifications for,  and
provisions  of,  a broad  range  of  existing race-based  affirmative action
programs.   You recently received a detailed legal  analysis of Adarand from
the  Department of  Justice.   Consistent  with that  guidance, I  am  today
instructing  each of you to  undertake, in consultation with and pursuant to
the  overall direction of  the Attorney  General, an  evaluation of programs
you  administer that use race  or ethnicity in  decisionmaking.  With regard
to  the programs  that affect  more than  one  agency, the  Attorney General
shall  determine, after consultation,  which agency  shall take  the lead in
performing this analysis".

157.  The principles  of affirmative action which  are today disputed in the
United States  have  nevertheless convinced  a  number  of States  by  their
validity.   For  example, under  a decree  of  1983,  Spain has  developed a
policy of "positive discrimination" in favour  of the gypsy population, with
a  view to eliminating the barriers impeding access to school and scholastic
advancement of  gypsy  pupils  and "other  groups in  a  similar social  and
economic situation". 86/

158.   Likewise, in the  Netherlands, a  law which  entered into force  on 1
July 1994 requires employers whose companies employ more than 35 workers  to
communicate  to  their  local  chamber  of  commerce  the  number  of  their
employees who define  themselves as  members of  "non-Dutch" ethnic  groups.
These  employers must  then  submit confidential  affirmative  action  plans
which  include recruitment  objectives and  proposals  as  to how  to attain
them. 87/

159.   On  23  September 1993,  the Government  of  Portugal established  an
Inter-departmental Commission  on the Integration  of Immigrants and  Ethnic
Minorities.     It  comprises   four  representatives  of  the  Ministry  of
Employment and  Social Security,  one representative  of the  Inter-Cultural
Programme conducted by the Ministry of  Education, one representative of the
National Institute of Housing and one  representative of the Foreigners  and
Frontiers Service (Ministry of Internal Administration).  Its functions  are
to attend to the  living conditions of immigrants  and inform itself  of the
measures  and  activities  carried   out  by  the  various  departments  and
institutions, and to determine the measures and strategies to be adopted  by
the  sectors  and  departments working  in  the  area that  relates  to  the
immigrant population and ethnic minorities.   It designs and supports social
and vocational  integration programmes and  activities, and coordinates  and
monitors  the activities  and  programmes undertaken  with  the  population.
Lastly, it evaluates the results achieved. 88/

160.    "It  is  the  Chinese   Government's  policy  to  offer  affirmative
employment opportunities for minorities.   Enterprises in minority areas are
required to  hire minorities first.   In these areas,  local governments set
quotas for  State enterprises to recruit  workers from  farming and pastoral
communities." 89/

161.  "The  Mexican authorities  responsible for  migration have  developed,
individually  or in cooperation  with the  Governments of  the United States
and  Guatemala,  a  series  of  measures  ...  designed  to  combat  certain
manifestations of  discrimination against the  most vulnerable groups of the
population, particularly migrant workers." 90/

162.  Australia has allowed the indigenous inhabitants  to take charge of  a
number of  government programmes  directed towards  them.   The Council  for
Aboriginal Reconciliation  is coordinating a  10-year programme designed  to
promote better understanding between indigenous and other Australians. 91/


              D.  Strengthening of legislation against racism, racial
                  discrimination, xenophobia and anti-Semitism

163.  In  Sweden, racial motives have since 1 July 1994 been  regarded as an
aggravating factor  in criminal  cases. 92/   The law  also supplements  the
measures  designed  to   prevent  ethnic  discrimination  in  the  field  of
employment. 

164.  In France, a new Penal Code resulting from  1992 legislation went into
effect in 1 March 1994.  While the  legislation does not affect the  area of
press offences,  93/ it  does strengthen  the penalties  for certain  racist
offences (racial  discrimination, aggravated desecration of graves, criminal
liability of bodies corporate), and creates new offences (non-public  racial
provocation,  non-public racial defamation  and insults).  Moreover, the act
of  6 December  1993  on safety  at sports  events  created the  offence  of
exhibiting at a sports event a symbol that evokes a racist ideology.

 165.  Belgium has  adopted a law  which provides that persons denying  that
the gas chambers  existed will be liable to a  heavy fine and a sentence  of
up to one year's imprisonment. 94/ 

166.   Italy has  also strengthened its legislation,  inter alia in relation
to the dissemination of racist ideas. 95/

167.   The Portuguese  Government indicates that  the new  Penal Code, which
will enter into force  on 15 October 1995,  contains a number  of provisions
to  punish  homicide aggravated  by racial,  religious or  political hatred,
slavery,  genocide, racial  discrimination, insulting behaviour  for reasons
of religious  belief,        desecration  of a  corpse or  place of  burial,
public incitement to a  crime, public expression of approval of a crime, and
criminal association, or to prohibit terrorist organizations and  terrorism.
96/    In  addition,  the  dissemination  or  transmission  of  messages  or
programmes  constituting  an  incitement  to  violence  or  contrary to  the
criminal legislation may be penalized under  the legislation relating to the
press,  radio and  television.   Lastly,  the  law on  fascist organizations
prohibits  violence   and  the   upholding  or   dissemination  of   values,
principles,  institutions or  methods such  as war-mongering,  violence as a
form of political struggle, colonialism, and  racism.  Other reflections  of
this concern  are to be found in  the regulations on  the status of deputies
and the Political Parties Act,  with regard to exercise of the right to  air
time.  In the  former case, being sentenced by  a court for membership in an
organization  with a fascist  ideology constitutes  grounds for  loss of the
status of deputy. 97/

168.   It must be noted  that knowledge that  the courts are ready to impose
strict  penalties   constitutes   a   very  persuasive   deterrent   factor.
Nevertheless, non-application of  the laws  or imposition  of inadequate  or
inappropriate penalties by the criminal courts  may deter victims of  racist
behaviour from seeking redress in  the courts.  In a number of countries, an
increase in the rigour  of the legislation has  led simply to  the acquittal
of  accused persons  guilty  of  committing racist  acts on  whom  judges or
juries  did  not  feel  that  they  should  impose  the  exemplary penalties
provided for by the law.  98/  Moreover, very often it appears difficult  to
prove the  racist nature of an  action or of the  motivation which led to  a
given act. 99/   It would seem that the  victims of racist acts seek redress
in the courts  only when the behaviour directed against them is sufficiently
condemned  by public  opinion.    The  courts themselves  tend  to find  the
accused guilty only when they consider that the law, and hence the  unlawful
status  of an action,  is not  out of  line with  the state of  awareness of
society as a whole.


             E.  Ratifications of and accessions to the International
                 Convention on the Elimination of All Forms of Racial
                 Discrimination

169.   The  recent ratifications  of  the  International Convention  on  the
Elimination  of All  Forms of  Racial  Discrimination,  in 1993  by Armenia,
Bosnia  and Herzegovina, the  Czech Republic,  the Republic  of Moldova, and
Slovakia, in  1994  by Albania,  Switzerland,  Turkmenistan  and the  United
States of  America, and lastly  by Tajikistan in  1995, reflect  the will of
the international community to combat racism  and racial discrimination.  In
August 1995,  the total  number  of signatories  to the  Convention was  143
States.


V.  ACTION CONDUCTED BY CIVIL SOCIETY

170.  Throughout the world,  NGOs are playing an  increasingly decisive role
in the  fight against  racism, xenophobia and  discrimination against  women
and  children.  Such organizations,  especially those  with a  membership of
women  and  young  people,  are  established  and mobilized,  often  without
substantial administrative and financial resources,  to combat all  forms of

discrimination,  take  control  and  embrace  their  cultural  identity   or
actively  live cultural pluralism.   Such  structures and  actions should be
encouraged.

171.  Far from leaving  the population of the countries in which they  occur
indifferent, racism  and the  reprehensible behaviour  that results from  it
give  rise  to  movements  of  solidarity  with  the  victims, and  also  to
mobilization of public opinion.

172.  In Belgium, 5,000  people demonstrated in March 1995 in the centre  of
Brussels.  This demonstration followed the  signature by 1 million  Belgians
of  a  petition  addressed  to  the   Prime  Minister  calling  for  Belgian
nationality to be conferred automatically on  all immigrants who have  lived
legally in the country for at least five years.

173.   Meetings of  the Front  National in  France are  also constantly  the
subject of counter-demonstrations.   The death in Paris  on 1 May  1995 of a
Moroccan drowned in the Seine  gave rise to many demonstrations against this
extreme right-wing party. 

174.   The  publisher  of a  Japanese  magazine which  contained  a  10-page
article entitled  "The greatest  taboo in post-war  history:  there  were no
Nazi gas  chambers" decided  to withdraw  it from  sale after protests  from
many  Jewish  organizations   and  after  powerful  industrial  groups   had
threatened  that  they  would  no  longer   buy  advertising  space  in  the
publications of the group in question.

175.  Throughout  the world,  there are many  associations whose actions  in
the  field  afford  an  effective  example   of  opposition  to  racist  and
xenophobic sentiments. 100/   Some of them focus  on a particular  area, for
example employment. 101/   It is regrettable that  the activities of some of
them cannot be continued for lack of funds.


 VI.  CONCLUSIONS AND RECOMMENDATIONS

176.    Despite  two  decades  of  action  by  the  United  Nations,  racial
discrimination  is  on the  rise,  fed  by  economic,  religious and  social
causes.    Legitimized  by  a  cloak  of  legality,  xenophobia  is becoming
disturbingly  commonplace.   Greater mobilization  is required  at  both the
international and the regional, subregional and  national levels in order to
restore and ensure respect for the dignity of man.
  177.   The United  Nations Decade  for Human  Rights Education, 1995-2004,
should  find expression in  practical programmes  for the  teaching of human
rights and  cultural pluralism.   UNESCO,  the Centre  for Human Rights  and
UNICEF, in  particular, could  play a  decisive role  in this area.   States
which are signatories to the International  Convention on the Elimination of
All  Forms of  Racial Discrimination  and  those which  are parties  to  the
Convention  on  the  Rights  of  the  Child and  to  the  Convention  on the
Elimination of  All Forms of Discrimination  against Women should  gradually
make the teaching of human rights compulsory and  effective at all levels in
school and university cycles and in  vocational training, literacy and post-
literacy programmes.

178.   The  mass  media must  also be  mobilized with  the  support of  non-
governmental  organizations,  at  the  level  of  both States  and  regional
organizations,  in order  to  ensure  the  periodic dissemination  of  human
rights information.  In  addition, greater efforts must  be made by the mass
media to avoid propagating racist prejudice and stereotypes and to help  the
general public  to form  responsible critical  opinions on the  increasingly
tragic events which tend  to be trivialized  in some circles.  Efforts  must
be  made  to mobilize  the  funds  necessary  for the  holding  of  a  world
conference against racism, racial and ethnic discrimination, xenophobia  and
other related contemporary forms of intolerance.

179.  On the question of the ratification  of the International Covenants on

Human Rights,  even as they exercise  their sovereign  rights, States should
refrain from  making  reservations  or should  endeavour to  withdraw  those
already  made which  are  impeding  the  effective implementation  of  those
Covenants.

180.  States should be  less restrictive and more liberal in the granting of
visas to nationals of  countries of the South  and call on their populations
to be more receptive to foreigners and to cultural interchange.

181.  In the  short term, as the United Nations strives for peace on several
fronts,  radical measures are  urgently needed  to curb  radio stations that
promote ethnic or racial hatred and  to suppress clandestine radio  stations
which  engage  in  such  activities.    The  Special  Rapporteur  wishes  to
recommend  that, following the  example of  the Simon  Wiesenthal Centre, in
France, the  General Assembly  should establish  a mechanism for  monitoring
the use of the media to incite hatred.


Notes

  1/   Through the  computer network  of the  Centre for  Human Rights,  the
Special Rapporteur  had access  to the  annual report issued  by the  United
States Department  of  State  on  the situation  of  human rights  in  every
country in  the world for 1994  ("Country reports on  human rights practices
for 1994").

  2/  Meeting  on 16 March  1995 of  the Special Rapporteur with  the Deputy
Permanent Representative  of the Permanent Mission  of Israel  to the United
Nations Office at Geneva.

   3/   Extract  from a  letter dated  1 February  1995 from  Dr. Harris  O.
Schoenberg,  Honorary  President of  the  Consultative  Council  for  Jewish
Organizations.

  4/   Extract from a  letter dated  17 February  1995 from Mr.  Tommy Baer,
International President  of B'nai B'rith, addressed  to Mr.  J. Ayala Lasso,
United Nations High Commissioner for Human Rights.

  5/    Extract  from  a  letter  dated  23  February  from  His  Excellency
Ambassador Morris  Abram, President of  United Nations  Watch, addressed  to
the Special Rapporteur.

  6/  Reply  to the Consultative Council  for Jewish Organizations dated  10
February 1995; reply  to B'nai B'rith dated 16  March 1995; reply to  United
Nations Watch dated 16 March 1995.

  7/   Middle  East  Watch/Women's Rights  Projects, "Punishing  the victim:
rape and mistreatment of Asian maids in Kuwait".

  8/  Extract from the communication from the Government of Kuwait dated  13
April 1995, original Arabic.

  9/   Extract from the  communication from the Government  of Germany dated
21 March 1995.

  10/  Letter dated 3 March 1995 from Mrs. Geraldine A. Ferraro,  Ambassador
and Head of the United States delegation to  the fifty-first session of  the
Commission on Human Rights.

  11/  Ibid.

  12/   See the  UNESCO literature cited  in para. 24  of the report  to the
General Assembly at its forty-ninth session (A/49/677, annex).

  13/   Jean-Francois Kahn, Tout  change parce que  rien ne change,  Fayard,
1994, p. 328.

  14/   Hannah  Arendt,  Du  mensogne a  la violence.   Essais  de politique
contemporaine, Paris, Calmann-Levy, 1972, p. 186.

  15/  Kahn, op. cit., p. 315.

  16/  Pierre-Andre Taguieff, La  Force du prejuge.  Essai sur le racisme et
ses doubles, Paris, Gallimard, 1987, p. 16.

  17/   See the study  by the Turkish Political  Psychology Centre, entitled
Etiology of Racism in Europe, Ankara, 1994.

  18/   Commission  nationale consultative  des  droits de  l'homme (CNCDR),
1994.  La lutte contre le racisme  et la xenophobie.  Exclusion et droits de
l'homme, Paris, La documentation francaise, 1995.

   19/    Toulon  (170,000  inhabitants),  Marignane  (32,000),  and  Orange
(23,000).

  20/  The New York Times, 3 February 1995.

  21/  This case was reported by Amnesty  International in the report Italy,
alleged torture  and ill-treatment by  law-enforcement and prison  officers,
April 1995.

  22/  Amnesty International,  Romania, broken commitments  to human rights,
May 1995, p. 2.

  23/  Roma National Congress, "Romnews", No. 24, 24 November 1994.

  24/  Communication  from the  Government of  the Czech  Republic dated  28
July 1994.

  25/  Europees Steunpunt Migranten en  Vluchtelingen (ESMV); List of Events
No. 2, Utrecht, February 1995.

  26/    Canadian  Human Rights  Commission,  1994  Annual  Report,  Ottawa,
Canada, p. 37.

  27/  Ibid., pp. 37-38.

  28/  United States Department of State, op. cit.

  29/  Ibid.

  30/  This figure  is from  a joint study by  the University of Leiden  and
the  Dutch  Public  Safety  Service and  reflects  only  racially  motivated
incidents that were reported.

  31/  United States Department of State, op. cit.

  32/   Joaquin Balaguer, La Isla al Reves.   Haiti y el Destino Dominicano,
Corripio,  Santo Domingo, 1987,  p. 41, quoted  by the  Quebec Committee for
the Recognition of the Rights of Haitian Workers in the Dominican Republic.

  33/  Ibid., p. 36, quoted by the Quebec Committee.

  34/  The Washington Post, "Canada  wakes up to rising  home-grown hatred",
8 May 1995.

  35/  Figure cited by ESMV in List of Events No. 6, Utrecht, June 1995.

  36/   Human Rights  Watch/Helsinki, Germany  for  Germans, Xenophobia  and
Racist  Violence in  Germany, 1995,  p. 24.    The report  mentions numerous
other cases of the harassment or intimidation of Blacks.

  37/   Amnesty International, Italy,  alleged torture  and ill-treatment by

law-enforcement and prison officers, appendix 1, pp. 6, 7, 9 and 11.

   38/  Jeune Afrique, No. 1791, May 1995, p. 7.

  39/  CNCDH, op. cit., p. 21.

  40/  Ibid., p. 24.

  41/  Ibid., p. 27.

  42/    Cf.  the   case  of  Said  Alaoui,  referred  to  in  the   Amnesty
International report on Italy cited above, appendix 1, p. 15.

  43/  Figures cited by CNCDH, op. cit.

  44/  According  to CNCDH, 44 per cent of the anti-Semitic acts and threats
occurred in the  Ile-de-France region between 1991 and  1994 (44 out of  101
and 248 out of 573, respectively).

  45/   Reuters  News Service,  "Anti-Semitic  crimes  soar in  Germany", 20
December 1994.

  46/  Ibid., p. 27.

  47/  ESMV, List of Events No. 2, Utrecht, February 1995, p. 4.

  48/  According to the United States Department of State.

  49/  The New York Times, 6 January 1995, p. 6.

  50/   The International Herald  Tribune, "East  Asia's immigration  crisis
demands careful choices", 22 May 1995.

  51/  Ibid.

  52/  In  particular, the series  of working  papers of  the Migration  and
Population Branch of the International Labour  Office:  Lois Foster, Anthony
Marshall, Lynne  S. Williams, "Discrimination  against immigrant workers  in
Australia",  July 1991;  Carl Raskin,  "De facto  discrimination,  immigrant
workers  and ethnic  minorities:    a  Canadian  overview",  February  1993;
Shirley Dex,  "The  cost of  discriminating  against  migrant workers:    an
international   review",   February    1992;   Roger   Zegers   de    Beijl,
"Discrimination of migrant workers in Western Europe", December 1990.

  53/  Alain Morice, article in Hommes et Migrations, May 1995, p. 33.

  54/  ESMV, List of Events No. 2, op. cit. p. 10.

  55/  Amnesty International, Italy, alleged torture  and ill-treatment, op.
cit., appendix 1, p. 1.

  56/  Ibid., p. 4.

  57/  Ibid., p. 12.
    58/   Although they  cannot be  expelled, the  parents are  nevertheless
often put under house arrest and prohibited from working.

  59/   Ministerio  Publico do  Estado  de  Sao Paulo/UNICEF,  Homicidios de
criancas  e adolescentes.   Uma  contribucao para  administracao da  justica
criminal em Sao Paulo, June 1995, p. 43.

  60/  International Federation of Human  Rights, Les assassinats  d'enfants
des rues a Rio  de Janeiro et a Sao Paulo, Mission d'enquete, decembre 1994,
p. 9.   See also Centre  for the Mobilization  of Marginalized  Populations,
The Killing of Children and Adolescents in Brazil, Rio de Janeiro, 1989.

  61/  United States Department of State, op. cit.

  62/  Report of the Secretary-General on the  situation of human rights  in
Burundi (E/CN.4/1995/66).

  63/  Report of the Special Rapporteur of  the Commission on Human  Rights,
Mr.  Rene  Degni-Segui,  on  the  situation   of  human  rights  in   Rwanda
(E/CN.4/1995/71, para. 15).

  64/   Africans  have  long  been accused  of having  spread the  HIV virus
throughout the  world.   Similarly, the  epidemic resulting  from the  Ebola
virus which raged in  Zaire - and to  which, as WHO announced  on 24  August
1995,  at least 300 victims succumbed before it was contained - made part of
the population,  which was swamped by  the media  with gloom-mongering, fear
the progressive contamination of those parts  of the world which  maintained
air links with that country.

  65/   For instance,  the  voluntary use  or  otherwise  of terms  such  as
"rebel"  rather than  "armed opposition".   The  excessive  use of  the term
"fundamentalist" applied exclusively  to Muslims.  Similarly, the  profusion
of details  on the  skin colour  of such  and such  a person  in an  article
dealing with various events.

  66/  CNCDH, op. cit., p. 25.

  67/  Cited  by the World Federalist Movement  in a communication dated  14
March  1995 addressed  to the  United  Nations  High Commissioner  for Human
Rights.

  68/     Regard  sur  l'actualite  No.   208,  Paris,   February  1995,  La
documentation francaise, p. 3.

  69/  Extract from the communication dated 16  May 1995 from the Government
of Mexico.

  70/    Extract  from  the  communication  dated  20  June  1995  from  the
Government of Portugal.

  71/     Information  provided   by  the   Government  of   Sweden  in  its
communication dated 16 January 1995.

   72/  United States Department of State, op. cit.

  73/   The resolution was adopted  in reaction to  the attempted murder  of
four Roms  at Oberwart  on  5 February,  and  the  bomb attack  against  the
Croatian minority in a neighbouring village.

  74/   As of that  date, of  the countries  of the European  Union, France,
Germany, Greece and Luxembourg had not ratified the agreement.

  75/   Figure  published by  the Federal  Commissioner for  the Concerns of
Foreigners (Beauftragte der Bundesregierung fur die Belange der  Auslander),
quoted in  Germany for Germans, Xenophobia  and Racist  Violence in Germany,
Human Rights Watch/Helsinki, April 1995, p. 16).

  76/  Ibid.

  77/   Human  Rights  Watch/Helsinki,  Germany  for  Germans,  and  Amnesty
International, Federal  Republic of Germany, Failed  by the  System:  Police
Ill-Treatment of Foreigners, May 1995.

  78/     Including  FAP  (Freiheitliche   Deutsche  Arbeiterpartei),  which
according  to The  New  York  Times of  25-26 February  1995 is  one  of the
largest.

  79/  According to Associated Press.

  80/  According to Reuters, 2 February 1995.

  81/   The International Herald  Tribune, 13 April  1995.   The passages in
question are  ones in  which the  Jews are  accused of having  killed Christ
because  they were incapable  of controlling  their fanaticism  and in which
Jewish traditions and rights are presented  as outlandish duties calling for
circumcision  and for the  wearing of  hats, according  to The International
Herald Tribune.

  82/  According to Associated Press, 24 May 1995.

  83/  E/CN.4/1995/78/Add.1, paras. 1, 3 and 12.

  84/    Affirmative Action  Review,  Report  to  the  President, by  George
Stephanopoulos, Senior  Adviser to  the President  for Policy and  Strategy,
Washington, D.C., 19 July 1995.

  85/  Memorandum from the White House to  heads of executive department and
agencies, 19 July 1995.

  86/    Extract  from the  communication  dated  16  March  1995  from  the
Government of Spain.

  87/  United States Department of State, op. cit.

  88/  Communication from the Government of Portugal, op. cit.

   89/  Communication dated 17 May 1995 from the Government of China.

  90/  Communication from the Mexican Government, op. cit.

  91/  United States Department of State, op. cit.

  92/  Communication from the Government of Sweden, op. cit.

  93/  Contained in the 29 July 1881 Act on the Freedom of the Press.

  94/  ESMV, List of Events No. 2, op. cit.

  95/   CNCDH, op. cit.,  annex 5, "The  different legislative approaches in
Europe", p. 416.

  96/   Communication dated 20  June 1995 from  the Government of  Portugal.
These provisions  are contained,  in particular, in  arts. 32, para.  2 (d),
159, 239, 240, 251, 254, 297, 298, 299, 300 and 301.

  97/  Ibid.

  98/   Thus, a  court in  Hamburg acquitted two  neo-Nazis who  had used  a
telephone message service designed to provide information on the  activities
of  their group and describing  the Auschwitz extermination  camp as a myth.
The two men were  liable under German legislation to a penalty of up to five
years' imprisonment.

  99/  As the  Government of Sweden notes  in its communication cited above,
there  could not  be  full statistics  on the  nature  and scope  of  racial
discrimination  in Sweden, in  part because  of the  difficulties of proving
such discrimination.

  100/  Mention may be made for example  of the activities in France  of the
non-governmental organization La Cimade  (Service ecumenique  d'entre-aide),
which  receives and  advises  asylum-seekers and  foreigners  in  precarious
situations  and  conducts  information  and  awareness  campaigns  such   as
"Accuellir l'etranger"  and "L'avenir  de l'Afrique  se dessine  autrement",
designed  to  eliminate  certain  prejudices  and  stereotypes  that  create
racism, or, in the case of Africa, fatalism.

  101/    The Mosaiques  association,  in  the  Paris  region, directed  its
activities  towards employers  (those  capable of  integrating) in  order to
combat  the many  forms of  discrimination  to  which immigrant  workers are
subjected.  It had to discontinue its activities for lack of financing.


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