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