A statement by Anne Bayefsky at the Third Substantive Preparatory Meeting of the Durban Review Conference.
April 17, 2009
United Nations, Palais des Nations, Geneva, Switzerland
The eyes of millions of victims of racism, xenophobia and intolerance are upon YOU, the representatives of states and the United Nations. And instead of hope you have given them despair. Instead of truth you have handed them diplomatic double-talk. Instead of combating anti-Semitism you have handed them a reason for Jews to fear UN-driven hatemongering on a global scale.
The Durban conference – allegedly dedicated to combating racism, anti-Semitism and other forms of intolerance – will open April 20th on the anniversary of the birth of Adolf Hitler without agreement on even so much as remembering the Holocaust and the war against the Jews. Your draft words on the Holocaust – the very foundation of the Universal Declaration of Human Rights – have been narrowed to the barest mention from previous versions. And if the minor reference survives at all – it will be a testament to your interest in Jews that died 60 years ago, while tolerating and encouraging the murder of Jews in the here and now.
Furthermore, the draft before you demonizes the Jewish state of Israel and then has the audacity to pretend to care about anti-Semitism in a single word buried among 17 pages. Anti-Semitism means discrimination against the Jewish people. Since it is evident that almost none of you have the courage to say it, the face of modern anti-Semitism IS the UN – your – discrimination against Israel, the embodiment of the Jewish people’s right to self-determination.
Over and over again we have heard a massive misinformation campaign about the content of these proceedings and the draft before you. We have heard the tale that this draft does not single out Israel, that the hate has been removed, that the fault of the anti-Semitism at Durban I was that of NGOs while states and the UN were blameless.
Perhaps you think that journalists and victims will not bother to read for themselves the Durban Declaration adopted by some governments. There is only one state mentioned in it – Israel. There is only one state associated with racist practices in it – Israel. And yet the very first thing that this draft before you does is to reaffirm that abomination, abomination for Jews and Arabs living in Israel’s free and democratic society, and for all the victims of racism ignored therein. Lawyers call it incorporation by reference when they hope nobody reads the small print. The propaganda stops here. We have read it. We understand the game. And we decry the ugly effort to repeat the Durban agenda to isolate and defeat Israel politically, as every effort to do so militarily for decades has failed.
The UN High Commissioner for Human Rights and the Chair of this Preparatory Committee also told us this week that the Durban Declaration in all its aspects is a consensus text. Perhaps they are unfamiliar with the Canadian reservations made in Durban in 2001 which state categorically that the Middle East language was outside the conference’s jurisdiction and not agreed. Perhaps they failed to notice that one of the world’s greatest democracies, the United States, voted with its feet and walked out of the Durban I hatefest. The Durban Declaration has never represented a global consensus among free and democratic nations. When the head of the Islamic conference treats Durban as a bible, in their words, it is more accurately a defamation of religions.
This week you decided which states ought to serve in a leadership role at next week’s conference. Among them are some of the world’s leading practitioners of racism, not those interested in ending it. You have also decided to hand a global megaphone to the President of a state which advocates genocide and denies the Holocaust.
So in a state of shock and dismay we address ourselves not to the human rights abusers that glorify the Durban Declaration or its next incarnation, but to democracies – and we ask: Will Germany sit on Hitler’s birthday and listen to the speech of an advocate of genocide against the Jewish people and grant legitimacy to the forum which tolerates his presence? What about the United Kingdom, the birthplace of the Magna Carta? Or France that helped to ship last generation’s Jews to crematoriums?
You could have fought racism. You chose instead to fight Jews. You could have promoted the universal standards against racism already in existence. You chose instead to diminish their importance in the name of alleged cultural preferences. You could have protected freedom of expression. You chose instead to undermine it by twisted concepts of incitement. You could have brought victims of racism together in a common cause. You chose instead to pit victims against each other in an ugly struggle for meager recognition.
For those democracies that remain under these circumstances you are ultimately responsible for what can only be called an appalling disservice to real victims of racism, xenophobia and related intolerance around the world.
About the author: Anne Bayefsky holds a B.A., M.A. and LL.B. from the University of Toronto and an M.Litt. from Oxford University. She is a barrister and solicitor of the Ontario Bar, and senior fellow at the Hudson Institute as well as professor at Columbia University Law School in New York, where her areas of expertise include international human rights law, equality rights, and constitutional human rights law. Visit her website here.