A/76/434
condemns these and other efforts to discard the powerful human rights equality and
racial justice principles and commitments reflected in the document.
10. As discussed in more detail below, it is well known that, amid the vast majority
of racial justice advocates at the Conference, a small minority of groups advanced
antisemitic statements, in particular through the NGO Forum. But this vocal minority
failed to influence the outcome document, namely, the Durban Declaration and
Programme of Action. The document as it stands thus reflects an international
consensus that affirms the rights of Israelis and Palestinians, deplores antisemitism,
neo-Nazism and other forms of intolerance and calls for an end to violence against
both Israelis and Palestinians. 7 It runs counter to the foundational principles of human
rights to condemn the Durban Declaration and Programme of Action for its
recognition of the fundamental human rights of Palestinians, including their right as
a people to self-determination. It also runs counter to the foundational principles of
human rights to equate the rejection of the racial subordination of Palestinians with
antisemitism.
11. The General Assembly has made clear that the Durban Declaration and
Programme of Action is “the only instructive outcome” of the Conference (Assembly
resolution 75/237, fourth preambular paragraph). The controversy that was overcome
by the rejection of intolerance should not continue to poison the internat ional
consensus that was decades in the making and forged out of racial justice advocacy
that spanned continents. 8
12. Nevertheless, rather than using the Durban Declaration and Programme of
Action to advance the transnational fight against racism and off ering momentum for
new and improved versions of the framework, several States, including those most
implicated by its analysis of the historical roots of racism, have instead signalled their
intent to abandon the Durban process. In a troubling continuation of action against
the Durban Declaration and Programme of Action, a number of Member States
boycotted the United Nations high-level commemoration of the twentieth anniversary
of the adoption of the document. Those States are among some of the greatest
beneficiaries of colonialism, slavery and the transatlantic slave trade. The Special
Rapporteur calls on States participating in any form of boycott of the Durban
Declaration and Programme of Action to demonstrate a genuine commitment to racial
justice and equality by implementing it instead.
13. In 2020, the world witnessed an unprecedented, transnational racial justice
uprising. Following the murder of George Floyd in Minneapolis, Minnesota, in the
United States, solidarity protests spread around the world under the banner of the
Black Lives Matter social movement, as people connected their own experiences of
systemic racism with a broader global movement. The Black Lives Matter movement
represents the most significant momentum for racial justice since the g rass-roots
advocacy and transnational coordination that paved the way for the Conference. The
demands of those who took to the streets in 2020 echoed the demands of those who
had mobilized to make the Conference and the Durban Declaration and Programme
of Action a reality. In the historic urgent debate of the Human Rights Council that
followed the event, Member States acknowledged and condemned the existence of
systemic racism, pledging to redouble their efforts for justice and equality. Fulfilling
those commitments, dismantling systemic racism and racial injustice and combating
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7
8
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Declaration, para. 84; and Programme of Action, paras. 150 –151.
It is noteworthy that, immediately following the adoption of the Durban Declaration and
Programme of Action, media in Israel publicized an official statement from the c ountry’s Ministry
of Foreign Affairs, which read: “Israel is satisfied that the clauses full of hate and incitement
against it and the Jewish nation were removed from the conference ’s final document.” See Yair
Sheleg and Nitzan Horowitz, “Israel welcomes Durban Declaration”, Haaretz, 9 September 2001.
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