A/76/434
images of the violence were ever-present and made it difficult to ignore the human
cost of the conflict. 99
84. The mention of the conflict between Israel and the State of Palestine in the
Durban Declaration and Programme of Action should not be equated with an
antisemitic preoccupation with Israel, as is done by some commentators. In the two
mentions of Israel in the document, Member States affirmed Israel’s right to security
and its capacity to resume the peace process and to “develop and prosper in security
and freedom”. 100
85. Although a minority of Conference participants engaged in antisemitic rhetoric
and actions, objectionable language was discarded owing to the dedicated
engagement of the vast majority of participants, and the Durban Declaration and
Programme of Action was created as a mutually acceptable compromise. The
document reflected international consensus, and, within its paragraphs, Member
States denounced all forms of intolerance. 101 Future engagement with the document
should be focused on the actual content of the document, not debates about language
that never made it into an adopted text.
86. Some commentators and civil society actors have suggested that the
disengagement of certain States was driven not just by their stated concerns of
anti-Israel bias, but also by a deep discomfort with the discussions of reparatory
justice inspired by the Durban Declaration and Programme of Action. 102 While this
reasoning has never been confirmed, it is true that the disengagement of a vast
majority of the world’s former colonial and slave-trading powers has deeply affected
the momentum for reparatory justice for the victims of these structures and their
descendants. 103
87. Efforts to abandon the Durban Declaration and Programme of Action contradict
the strong consensus that was reached at the conference and weaken the human rights
framework devoted to combating racism, racial discrimination, xenophobia and
related intolerance.
V. Recommendations
88.
The Special Rapporteur calls on Member States:
(a) To re-engage with the Durban process and avoid taking positions
calculated to erode the importance of the Durban Declaration and Programme
of Action as a global anti-racism framework. The Special Rapporteur encourages
all actors to refamiliarize themselves with the content of the document and to use
it as a starting point for further development of anti-racism commitments. She
emphasizes that efforts to discard the document only detract from the global
momentum for racial equality;
(b) To adopt a structural and comprehensive approach to countering
racism, which entails not only individual and group wrongs, but also the
__________________
99
100
101
102
103
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McDougall, “The World Conference against Racism”, p. 135.
Declaration, para. 63; and Programme of Action, para. 151.
E. Tendayi Achiume, “Governing xenophobia”, Vanderbilt Journal of Transnational Law,
vol. 51, No. 2 (March 2018), p. 349.
Submission on the international round table on people of African descent; and Abigail B. Bakan
and Yasmeen Abu-Laban, “The Israel/Palestine racial contract and the challenge of anti-racism: a
case study of the United Nations World Conference against Racism”, Ethnic and Racial Studies,
vol. 44, No. 12 (2021), pp. 2180–2181, quoting interviews with Durban participants.
Abigail B. Bakan and Yasmeen Abu-Laban, “The Israel/Palestine racial contract and the
challenge of anti-racism”, p. 2182.
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