E/CN.4/1998/79
page 14
E.
Discrimination against migrant workers
47.
As the Special Rapporteur told the Third Committee of the
General Assembly, one of the major problems in the last years of the century
is discrimination, which is increasingly affecting foreigners in general and
migrant workers in particular in host countries. The globalization of
international economic relations has led many countries to take legislative
and regulatory measures to protect their domestic labour force, which are
discriminatory and xenophobic and disregard the principle of the free
circulation of persons. Such practices are especially prevalent in
industrialized and even middle-income countries. Most of these countries'
legislations are applying more and more restrictions on the entry of southern
nationals or persons from outside their regional unions. This policy of
national preference often goes hand in hand with a complementary policy of
regional, if not racial preference. Thus traditional European host countries
have adopted a policy of so-called “concentric circles”, which consists in
allowing preferential entry to immigrants according to their origin, those
from Western countries coming first, followed by nationals of Eastern Europe,
etc. Persons not belonging to these two preferential categories are de facto
excluded by the subtle system of elimination based on regional preference.
48.
To such legislative and institutional difficulties should be added
discriminatory acts against established immigrants. These acts often take the
form of contemptuous remarks against them, but sometimes also acts of violence
leading to injuries and in some cases to death. In previous reports, the
Special Rapporteur has given many examples of such incidents. In view of such
acts, the situation of vulnerable groups of immigrants, especially women and
children, is a matter of great concern. The Special Rapporteur in this regard
welcomes the adoption by the Commission on Human Rights of resolution 1997/13
of 3 April 1997, condemning violence against women migrant workers.
F.
Discrimination and incitement to racial hatred on the Internet
49.
In previous reports, the Special Rapporteur drew attention to an upsurge
in the number of racist and xenophobic acts occurring on the Internet. A
report distributed at the seminar on the subject organized by the Office of
the United Nations High Commissioner for Human Rights in November 1997 drew up
a list of over 100 extremist, especially neo-Nazi sites and servers,
advocating white supremacy, “white power” and inciting racial hatred. For
example, the White Aryan Nationalists, supporters of the Ku Klux Klan, call
for the defence of the Aryan race, which they maintain is threatened by
immigration from the third world (source: http://home.worldcom.ch/e
fischer/d/artghe html). In Switzerland, the “hammer skins” offer an
electronic newspaper on the web. For them, “terrorism is just another form of
political action” and in order to “clean up the planet, it has to be cured,
that is, purified by eliminating all Blacks, Jews and Arabs”.
50.
Although the States have now become aware of the dangers these acts
represent, very few efforts have been made to combat the phenomenon. The
States which have adopted legislation have done so rather in isolation. In
his last report, the Special Rapporteur already mentioned the case of Germany
(A/52/471). The case of Switzerland may now be added, as the country recently
added a new article 261 bis to its Penal Code, forbidding all racist