ACTION REQUEST: VOTE NO ON RACISM AND DURBAN

UNCLAS STATE 119662

SIPDIS

E.O. 12958: N/A
TAGS: PHUM UN
SUBJECT: ACTION REQUEST: VOTE NO ON RACISM AND DURBAN
OMNIBUS RESOLUTION

REF: 16 NOVEMBER 2009 DRAFT UN RESOLUTION TEXT

1.(U) If no other member state calls for a vote, the
Department instructs USDEL to call a vote and vote
no on the resolution entitled "Global efforts for the
total elimination of racism, racial discrimination,
xenophobia and related intolerance and the comprehensive
implementation of and follow-up to the Durban Declaration
and Programme of Action."


2. (U) If the resolution text changes substantially from
version contained in REF, USDEL is requested to transmit
changes to Department, which will provide further
guidance.


3. (U) Mission is also instructed to convey an Explanation
of Vote (EOV) upon casting the United States'
vote based upon the following text:

"Mr. Chairman,
The United States is deeply concerned about addressing
racism, racial discrimination, xenophobia and related
intolerance in the domestic context, as evidenced by our
record of strong domestic legislation and policies to
vigorously combat such activities and attitudes. We are
also working with the international community to fight
prejudice, particularly when based on race, nationality,
or religion. In October, the United States presented an
Action Plan to Combat Racial and Religious Discrimination
and Intolerance during the session of the Ad Hoc Committee
on Complementary Standards in Geneva. We want to use this
opportunity to begin a new dialogue in the international
community on achieving practical measures and concrete
steps to address racial intolerance and discrimination.

We regret the resolution's considerable attention to the
World Conference against Racism held in Durban in 2001.
The United States does not support the 2001 Durban
Declaration and Programme of Action. First, because of its
support for prohibitions on freedom of expression. And
secondly, because of its unbalanced and counterproductive
focus on the Israeli/Palestinian conflict. We have always
maintained that a conference on racism should not single
out a single country or conflict, or prejudge issues that
can only be resolved in negotiations between the parties.
We were similarly unable to support the Durban Review
Conference Outcome Document because of its in toto
endorsement of the Durban Declaration and Programme of
Action and continued support for prohibitions on freedom
of expression.

We remain deeply concerned about speech that advocates for
national, racial, or religious hatred, particularly when
such advocacy constitutes incitement to violence,
discrimination, or hostility, but we do not agree that
restrictions of free speech are the best way to address
this problem. Based on our own experience, we are
convinced that the best antidote to intolerance is not
banning and punishing offensive speech, but rather a
combination of robust legal protections against
discrimination and hate crimes, proactive government
outreach to minority racial and religious groups, and the
vigorous defense of freedom of expression. In the spirit
of President Obama's statement in Cairo, we would like to
work together to find common ground on concrete approaches
that can both protect freedom of expression and combat
discrimination and intolerance.

While my delegation regrets having to vote no on this
resolution, we hope to engage in a thoughtful dialogue in
the future to address this issue which affects us all."
CLINTON