Racism and xenophobia follow-up

On 6 April the negotiation process will start for Durban II, which will take place on 20-24 April. The Conference is to assess earlier measures adopted as regards racism, race discrimination, xenophobia and intolerance. Sweden is participating as a part of the EU and has pursued freedom of expression issues vigorously.

On 20-24 April a conference called Durban II will take place in Geneva. In fact it is a follow up of a conference on racism, racial discrimination, xenophobia and intolerance that took place in Durban, South Africa, in September 2001. The purpose of the review conference is to assess the practical implementation of measures from Durban 2001 at national and international level.

Since 2001 both Sweden and the EU have been taking a number of measures to combat racism and racial discrimination better. Extensive legislation against discrimination has been adopted in Sweden and the rest of the EU on the basis of EU Directives. In Sweden a new unified anti-discrimination law (The Discrimination Act) covering all grounds for discrimination came into force on 1 January 2009. The four anti-discrimination ombudsmen have been replaced by a single Equality Ombudsman with responsibility for the entire scope of the Act and the EU has set up an Agency for Fundamental Rights in Vienna aimed at better monitoring work against racial discrimination etc. in the Union.

Long preparations

The preparations for the Review Conference started as early as 2007. Since February 2009 the work has been led by a working group under Russian chairmanship.

The previous draft outcome document contained unacceptable wording on the Middle East and Israel as well as on defamation of religions and proposed restrictions on freedom of expression. It is, however, important to remember that these formulations have not been negotiated, or accepted, by either the UN, the EU or Sweden. Right from the start the EU has emphasised that if the EU does not gain support for its views, above all regarding wording on the Middle East and freedom of expression and rejection of the term defamation of religion, the EU may leave the conference and the preparatory work. The EU views the issue of defamation as a matter of principle and has consistently voted against resolutions that are aimed at restricting freedom of expression. The EU and Sweden consider that the human rights regulatory framework is not the place for protection of religions as such, since this framework only regulates governments obligations in relation to individuals. The Government sees no need for new international standards for prohibiting defamation of religions and will continue to oppose such demands.

The preparatory work in the EU, as in Sweden, has been characterised by our determination to make it clear to other actors at the UN that the excesses, including certain anti-Semitic expressions, made in connection with Durban 2001 will not be accepted this time.

Freedom of expression an important issue for Sweden

Sweden has pursued freedom of expression issues vigorously and thereby influenced the EU's contribution. Sweden has emphasised the importance of the EU making an active and constructive contribution as long as is possible. But the EU is not prepared to accept wording that conflicts with values such as freedom of expression.

Starting in April regular substantive negotiations will be initiated. What has been done to date is a first reading of the draft described above. As soon as there is disagreement on a paragraph it is put in brackets and the reading continues. Consequently we have not yet had any discussions in substance either on the Middle East or the religion/freedom of the press issues.

At the request of the EU, among others, the previous draft outcome document has now been replaced by a new proposal that was presented by the Russian Chair of an intergovernmental group on the negotiations process on 17 March in Geneva. The new document contains no text at all on the Middle East. Nor were any issues concerning defamation of religions or demands for compensation for slavery, the slave trade or similar matters included. The EU has decided to give the Russian draft a chance. The EU is now preparing its positions and will participate actively when the negotiations process starts on 6 April.

Text: Ulla Ström