UNEDITED, NOT FINAL VERSION
DRAFT PROGRAMME OF ACTION FOR EQUALITY AND NON-
DISCRMINATION AGAINST RACISM, RACIAL DISCRIMINATION,
XENOPHOBIA AND RELATED INTOLERANCE
Proposals made by the Group of 21
General Assembly
Distr.: GENERAL
A/CONF.189/PC.3/…
…. July 2001
Original: ENGLISH
WORLD CONFERENCE AGAINST RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA
AND RELATED INTOLERANCE
Preparatory Committee
Third session
Geneva, 30 July -10 August 2001
Item …. of the provisional agenda
UNEDITED, NOT FINAL VERSION
DRAFT PROGRAMME OF ACTION FOR EQUALITY AND NON-
DISCRMINATION AGAINST RACISM, RACIAL DISCRIMINATION,
XENOPHOBIA AND RELATED INTOLERANCE
Proposals made by the Group of 21
This document contains the proposals of the Group of 21 for a draft Programme of Action for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. These proposals are submitted in accordance with the mandate of the group as stipulated in Decision PC.2/3 adopted by the Second Session of the Preparatory Committee on 1 June 2001. This document also includes the paragraphs that were adopted by the Preparatory Committee on 1 June 2001.
I. SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
31. The World Conference urges States in their national efforts, and in cooperation with other States, regional and international organizations and financial institutions, to promote the use of public and private investment [in consultation with the affected communities] in order to eradicate poverty, particularly in those areas in which [list or generic description to replace : peoples and communities who are victims of racism, racial discrimination and exclusion/indigenous peoples, people of African descent, migrants and other ethnic, racial, cultural, religious and linguistic groups or minorities] predominantly live. ADOPTED at 2nd PrepCom
56bis2 (merged) The World Conference urges States to:
Recognize that sexual violence committed by or with the acquiescence of the
State in the context of armed conflicts has been used as a tool of systematic
forms of discrimination, abuse and genocide, and when used against non-combatant
populations on the basis of race or ethnicity can/constitutes a serious violation
of international law, international humanitarian law, and a gross violation
of human rights, and that the intersection of race and gender makes women and
girls particularly vulnerable to this type of violence that is often related
to racism, racial discrimination, xenophobia and related intolerance;
Ensure that perpetrators of sexual violence in armed conflicts and that persons
in authority who tolerate, aid, abet and consent to its use are identified,
investigated, prosecuted and punished.
(Merger of 56bis2, Alt. 56bis2 and Second Alt. 56bis2)
[New 157. The World Conference recognizes that slavery, the slave trade, colonialism,
and apartheid are major historical sources and manifestations of racism, racial
discrimination, xenophobia and related intolerance, and that Africans and peoples
of African descent, peoples of Asian descent and indigenous peoples and have
been and continue to be victims of their consequences, and urges States and
the international community to adopt appropriate remedial measures in order
to halt and reverse the consequent marginalization, poverty, under-development
and socio-economic exclusion still affecting many such peoples in many parts
of the world, in particular in developing countries.] ONGOING 2nd PrepCom
[New 157bis. The World Conference recognizes that foreign occupation, especially
when grave breaches of the 4th Geneva Convention of 1949 are committed, is among
the forms and sources of racial and discriminatory practices, and urges the
international community to take effective measures to protect peoples under
foreign occupation from such practices.] ONGOING 2nd PrepCom
New 47. Urge States that participate in or permit contemporary forms of slavery-like
practices to take all necessary and appropriate measures to end them and to
initiate constructive dialogue and implement measures with a view to correcting
the problem and the damage resulting from them;
II. VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
Sub-title: Victims: General
New 19. Urge States to take special measures to protect, in particular, persons
and groups vulnerable to, affected by, or victims of racism, racial discrimination,
xenophobia and related intolerance who are also subject to other/multiple forms
of discrimination [ on account of their gender, age, national origin, sexual
orientation, social or economic status, physical or mental disability, state
of health, religious belief or any other condition liable to give rise to discrimination
or economic status, physical or mental disability, state of health, religious
belief or any other condition liable to give rise to discrimination. ONGOING
2nd Prep Com
New 19 Alt. Urges States to give special attention to the elaboration of strategies,
policies and programmes for persons subject to multiple discrimination which
combines racism and racial discrimination, xenophobia and related intolerance
with other forms of discrimination. ONGOING 2nd Prep Com
1e)bis1 The World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance calls upon Governments and States:
To ensure that our commitment to addressing past, present and future manifestations
of racism, racial discrimination, xenophobia and related intolerance, vulnerable
groups include, but are not limited to those who experience racism, racial discrimination,
xenophobia and related intolerance because of race, lineage, colour, religion,
culture, language or national or ethnic origin, aggravated by reasons of age,
gender, sexual orientation, disability or socio-economic status and should allow
for the inclusion of new groups who can become victims of racism, racial discrimination,
xenophobia and related intolerance.
New 23. Urges States to work [ nationally and] in cooperation with other States
and relevant regional and international organizations and programmes to strengthen
national mechanisms to promote and protect the human rights of [ persons affected
by, vulnerable to, or] victims of racism, racial discrimination, xenophobia
and related intolerance who are infected, or presumably infected, with pandemics
such as HIV/AIDS and to take concrete measures, including preventive action,
appropriate access to medication and treatment, programmes of education, training
and mass media dissemination to eliminate violence, stigmatisation, discrimination,
unemployment and other negative consequences arising from these pandemics. ADOPTED
at 2nd Prep Com
Sub-title: Africans and People of African Descent
New 32. Urge States to facilitate the participation of people of African descent
in all political, economic, social and cultural aspects of society and in the
advancement and economic development of their countries, and to promote a greater
knowledge of and respect for their heritage and culture. ADOPTED at 2nd Prep
Com
New 33. Request the Commission on Human Rights to positively consider concentrating
additional investments in health care systems, education, public health, electricity,
drinking water and environmental control as well as other affirmative action
initiatives in communities of primarily African descent.
ONGOING 2nd Prep Com
New 34. Call upon the United Nations, financial institutions and other appropriate
international mechanisms to develop programmes intended for people of African
descent in the Americas and around the world. ONGOING 2nd Prep Com
New 35. Request the Commission on Human Rights to consider the establishment
of a working group or other mechanism in the United Nations to study the problems
of racial discrimination faced by people of African descent living in the African
Diaspora, and make proposals for the elimination of racial discrimination against
people of African descent. ADOPTED at 2nd Prep Com
[ New 37. Encourages/invites/urges financial and development institutions and
the operational programmes and specialized agencies of the United Nations, in
accordance with their regular budgets and the procedures of their governing
bodies, to:
Assign greater priority, and consider allocating more funding, within their
areas of competence and budgets, to improving the situation of Africans and
people of African descent, while devoting special attention to the needs of
these populations in developing countries, including, inter alia, the preparation
of specific programmes of action;
Carry out special projects, through appropriate channels and in collaboration
with Africans and people of African descent, to support their initiatives at
the community level and to facilitate the exchange of information and technical
know-how between these populations and experts in these areas;
Develop programmes intended for people of African descent around the world concentrating
additional investments in health care systems, education, public health, electricity,
drinking water and environmental control, as well as other affirmative action
initiatives.] ONGOING 2nd PrepCom
New 38. merged) Requests States to increase public actions and policies in favour of women and young males of African descent, given that racism affects them more deeply, placing them in a more marginalized and disadvantaged situation.
(Merger of New 38 and New 43)
New 117. The World Conference urges States to ensure African peoples, in particular
African descendant women and children have access to education and new technologies
that offers them places at their disposal, adequate resources for education
and technological development and long distance learning in local communities.
We further urge States to ensure that the history and contribution of African
peoples be fully and accurately incorporated into the education curriculum at
all levels.
New 40. Encourage the public sector of States to identify the factors which
prevent the access to and promotion of people of African descent in the public
service and to take appropriate measures to remove the obstacles identified;
also encourage the private sector to revise its practices of personnel recruitment,
remuneration and promotion, with a view to securing the presence of people of
African descent at all levels of hierarchy;
New 41. Call upon States to take specific steps to ensure full and effective
access to the administration of justice of all citizens, particularly those
of African descent;
New 44. Urge States to find a solution to problems of ownership in respect of
land inhabited since ancestral times by people of African descent according
to their respective domestic legal framework, and to take steps to promote the
comprehensive development of the people of African descent who occupy that land;
Sub-title: Indigenous
76 merged). The World Conference urges/requests States to:
officially recognise the identity and rights of indigenous peoples1 within the
framework of the territorial integrity,2
adopt or continue to apply, in agreement with them, constitutional, administrative,
legislative, judicial and all necessary measures to promote, protect and ensure
the enjoyment by indigenous peoples of their rights as well as guaranteeing
them the exercise of their human rights and fundamental freedoms, on the basis
of equality, non-discrimination and full and free participation in all areas
of society, in particular in matters affecting or concerning their interests,
promote better knowledge of and respect for indigenous cultures and heritage.
It welcomes measures already taken by States in this respect.
(Merger of 76., New 9, 77. and New 10.)
New 12. Urge States to work with indigenous peoples to stimulate and increase
their economic activities and level of employment through the establishment,
acquisition or expansion of enterprises owned by indigenous peoples, and measures
such as training, technical assistance and credit facilities;
New 13. Urge States to work with indigenous peoples so as to establish and implement
programmes that provide access to training and services that could benefit the
development of their communities;
New 14 merged) The World Conference requests States to adopt public policies
and give impetus to programmes on behalf of indigenous women and girls, with
a view to promoting their civil, political, economic, social and cultural rights;
to putting an end to their situation of disadvantage for reasons of gender and
race; to dealing with urgent problems affecting them, in education, health,
economy and in the matter of violence against women, including domestic violence;
and to eliminating/ending the situation of aggravated discrimination suffered
by indigenous women and girls on multiple grounds of racism and gender discrimination.
(Merger of New 14 and 42bis1.)
76bis2 The World Conference urges States to officially recognize the concept
of peoples as subjects of law and guarantee indigenous peoples’ full and
free participation in all aspects of society, in particular at national, regional
and international forums dealing with their interests.
77bis The World Conference recommends that States examine, in conformity with
existing international standards, their constitutions, laws, legal systems,
and policies to identify and eradicate both explicit and inherent racism towards
Indigenous Peoples and individuals. Such racist laws and policies include, by
way of illustration: the doctrines of discovery and terra nullius; prohibitions
against the collective indigenous ownership of land; the doctrine that indigenous
lands can be taken without due process of law or adequate compensation; doctrines
which provide for the unilateral extinguishment of indigenous land rights and
title; the presumption that Indigenous Peoples do not own subsoil resources
under their lands; doctrines that allow concessions of indigenous resources
without indigenous consultation or consent; the denial of legal protection for
indigenous religions and sacred sites and areas; denial of religious freedom
for indigenous prisoners; and discriminatory land claim processes.
77bis1 The World Conference strongly recommends that States renounce laws and
policies that deny or limit indigenous land and resource rights, including rights
to subsoil resources, and affirmatively recognize Indigenous Peoples as the
rightful managers of their land and resources. States should, in consultation
with Indigenous Peoples, initiate programs to demarcate and protect indigenous
territories.
80bis The World Conference urges States to acknowledge and renounce their discriminatory
legal doctrines and attitudes concerning treaties between indigenous nations
and States and to take corrective actions related to the abrogation of treaty
rights and the recognition of the status of such treaties. Furthermore, the
World Conference should urge the implementation of the recommendations contained
in the United Nations Study on Treaties, Agreements, and Other Arrangements.
80bis1 The World Conference calls upon States and member nations to honour and
respect treaties with Indigenous Peoples as international agreements and to
accord them recognition, observance and enforcement according to their original
spirit and intent. Conflicts and disputes which cannot otherwise be settled
should be submitted to competent international bodies like the United Nations
Permanent Forum for Indigenous Peoples.
80bis2 The World Conference calls upon states to give full and appropriate consideration
to the recommendations produced by indigenous peoples in their own forums on
the WCAR.
Sub-title: Migrants
New 50. Request all States to condemn any proposal that would lead to a generalized
rejection of migrants and actively to discourage all racist demonstrations that
generate negative feelings of rejection against migrants.
New 51. Urge non-governmental organizations and civil society to include monitoring
and protection of the human rights of migrants within their programmes and activities
and to make efforts to sensitize Governments and public opinion about the need
to prevent and punish unlawful acts based on racism, racial discrimination,
xenophobia and related intolerance.
New 53 merged) Requests States to fully and effectively promote and protect
the human rights and fundamental freedoms of all migrants, as reflected in the
Universal Declaration of Human Rights and the international human rights instruments
to which they are parties, regardless of their immigration status, and in particular
those of women, children and detainees, and to treat them with humanity and
to give them legal protection and, where appropriate, material assistance including
health care, as well as access to other social and economic rights, bearing
in mind a gender perspective. They should also furnish information and education
on the rights of migrants and adopt and promote integration policies.
(Merger of New 53, New 56, 54bis8 and New 131.)
13bis Encourages States to engage in information campaigns to ensure that the
public receives accurate information regarding migration issues, including the
contribution of migrants to the host society and the vulnerability of migrants
in an irregular situation.
New 133 (last part) . It further underlines that family reunification has a
positive effect on integration and calls upon states to facilitate family reunion,
with due regard to the need for an independent status on the part of family
members.
New143 The World Conference underlines that family reunification has a positive
effect on integration and calls upon States to facilitate family reunion, with
due regard to the need for an independent status on the part of family members.
The World Conference urges all States to grant to asylum-seekers, refugees and
migrants access to basic economic and social rights.
New145 The World Conference recommends that States take concrete measures to
avoid discriminatory practices with respect to vocational training, the type
of posts that migrants may occupy, the type of contracts accorded to migrant
workers, the right to seek employment in any part of the country, regulations
governing working conditions, trade-union activity and access to judicial and
administrative tribunals to air grievances concerning discrimination.
3 (f) (merged) The World Conference urges [Governments] and States:
to develop policies and action plans, and to reinforce and implement preventive
measures, to foster greater harmony and tolerance between migrant workers and
host societies with the aim of eliminating the growing manifestations of racism,
racial discrimination, xenophobia and related intolerance, including acts of
violence, perpetrated in many societies by individuals or groups and directed
towards migrant workers and their families, persons of migrant origin and resident
foreign workers, (merger of 55 bis1 (second part) and new 147 (first part));
to review and revise their immigration laws, policies and practices to be free
of discrimination against migrants so that they are compatible with their obligations
under international human rights instruments, including excessive use of force;
(merger of 54bis and new 52 (first part))
to ensure the development of specific measures concerning migrants and [refugees]
[non-nationals], which actively involve the host society and non-nationals in
integration programmes and encourage respect for cultural diversity, to promote
their fair treatment and to facilitate where appropriate their integration into
social, cultural, political and economic life, and to promote their participation
in the decision making process; (3 (f) and new 147 (second part)
to monitor and ensure/pay increased attention to the non-discriminatory/fair
and equitable treatment of migrants and refugees/non-nationals regardless of
their status, including asylum seekers and refugees, as well as members of minority
groups detained by public authorities. Specifically, these detainees should
receive effective legal assistance and, where appropriate, the assistance of
a competent interpreter. This should happen at all stages of their detention,
particularly during interrogation; (3 (g))
to ensure that police and immigration authorities respect the standards regarding
dignified and non-discriminatory treatment of migrants, among other aspects,
through specialized training courses for administrators, police officers, immigration
officials and other interested groups; (second part of new 52, last phrase is
covered by a))
to consider the question of the recognition of the professional and technical
work of migrants, with a view to recognizing their contribution in their new
countries of residence; (new 61)
to take measures to ensure that migrant workers and members of their families
enjoy all human rights, particularly those related to fair remuneration, pensions,
access to education, social services and protection of culture irrespective
of their race, colour, descent, ethnic origin, gender, religion or political
affiliation,; (95bis1)
to consider adopting and implementing immigration policies and programmes that
would enable immigrant women and children who are victims of spousal or domestic
violence to free themselves from abusive relationships. Theses policies could,
for example, allow abused immigrant women to file for immigration relief without
their abuser's knowledge and give them the ability to cooperate with law enforcement
to prosecute the abusers. (56bis1)
(Merger of 3(f), 3(g), new 147, 55bis1 (second part), new 61, 95bis1, new52, 54bis, 54bis7 and 56bis1)
55bis (merged) With the increased proportion of women who are migrants, States
are urged to place special focus on gender issues and gender discrimination,
particularly the multiple barriers faced by women when gender, socio-economic
class, race and ethnicity intersect. Detailed research should be undertaken
not only in respect of human rights violations perpetrated against women migrants,
but also on the contribution that women make to the economies of their countries
of origin and destination/host countries, in particular when reporting to Treaty
Bodies.
(Merger of 55bis and New 146)
Sub-Title: Refugees
3g)bis (merged) The World Conference urges States to comply with their obligations,
under international human rights, refugee and humanitarian law, relating to
the promotion and protection of the human rights of refugees, asylum seekers,
other forced migrants and internally displaced persons. They should also fulfil
their humanitarian obligations/take seriously their humanitarian obligations/commitments
regarding the protection and assistance needs of refugees and internally displaced
persons, without discrimination between/among the different regions of the world,
in keeping with the principles of international solidarity, the principles of
international protection and international cooperation to share responsibilities,
burden-sharing/responsibility sharing and the resettlement of refugees in their
countries.
(Merger of 3 g)bis, 63 and New 136 b) and c))
64. The World Conference urges States to recognize the different barriers that
refugees and immigrants face as they endeavour to participate in the economic,
social, political and cultural life of their countries and encourages States
to develop strategies to facilitate inter alia the long-term integration of
these persons into their new countries of residence and the full enjoyment by
them of their human rights in consultation with the UNHCR and other organizations
as appropriate.
65. The World Conference urges States, in collaboration with the UNHCR and other
relevant organizations as appropriate to take effective steps to protect internally
displaced or refugee women and girls from violence and to investigate any such
violations and bring those responsible to justice.
New 141 (merged) We call for all measures relating to asylum-seekers and refugees
to be fully in accordance with the 1951 Convention relating to the Status of
Refugees and the 1967 Protocol relating to the Status of Refugees, and urge
all States to grant asylum-seekers, refugees and internally displaced persons
access to economic, social and cultural rights in accordance with international
human rights obligations.
(Merger of New 141 and New 152)
64bis [Urges Israel to revise its legislation based on racial or religious discrimination
such as the law of return and all the policies of the occupying power which
prevent the Palestinian refugees and displaced persons from returning to their
homes and properties, in violation of their right to return].
Sub-Title: Other victims
60. [The World Conference urges States to take special measures to ensure that
every child, woman and man is all individuals are registered and issued with/has
access to appropriate national [legal identity] documents to reduce the incidence
of statelessness and trafficking. [This preventive measure would], in order
to protect individuals and gain them access to available legal procedures and
remedies and development opportunities.]/ The World Conference urges States
to ensure that all persons have the necessary documentation and/or registration
to enable them to access available legal procedures, remedies and development
opportunities.
61. States should encourage the business sector, in particular the tourist industry
and Internet providers, [to develop codes of conduct with a view to protecting
trafficked persons, with a view to prevent trafficking in persons and protect
the victims of such traffic, especially those in prostitution, against gender-based
and racial discrimination and promoting their rights, dignity and security.
States should encourage the establishment of independent civil society committees
to monitor compliance with such codes of conduct/educate themselves on the global
phenomenon of trafficking in migrants, and on the protection needs of trafficked
persons, so as the avoid the risk of unwittingly participating in illegal activities].
54bis4 (merged) The World Conference urges States to devise, enforce and strengthen
effective measures at the national, regional and international levels to prevent,
combat and eliminate all forms of trafficking in women and children, in particular
girls, through comprehensive anti-trafficking strategies which include legislative
measures, prevention campaigns and information exchange. It also urges States
to allocate resources, as appropriate, to provide comprehensive programs designed
to provide assistance, protection for, healing, reintegration and rehabilitation
into society of victims, including through job training, legal assistance and
health care, and by taking measures to cooperate with non-governmental organisations
to provide for the social, medical and psychological care of victims, and to
prosecute offenders involved, including intermediaries.
(Merger of 54bis4, New 148 and 59bis.)
75 (merged) The World Conference calls upon States to ensure that Roma children and youth, in particular girls, are provided equal access to quality education as formulated in the recommendations of the High Commissioner on National Minorities for Security and Cooperation in Europe entitled Report on the Situation of Roma and Sinti in the OSCE Area, 2000, and by the Specialist Groups on Roma/Gypsies of the Council of Europe, by developing dedicated policies and programmes with the input of parents and schools. These might include opportunities to learn the official language in pre-school, recruitment of Roma teachers and classroom assistants and opportunities to learn in their mother tongue as guaranteed by article 4, paragraph 3, of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 1992. It also urges Governments to take concrete measures and support the full development of Roma children's and youth's positive self-esteem, the deconstruction of their internalised stigma and the Roma identity awareness, by establishing identity assertive education institutions, promoting Rromani as teaching language and ethnic assertion education programs in school and out of school, and developing alternative education systems, including non-formal education and distance education.
(merger of 75. with 75bis1.)
71 (merged) The World Conference underlines the necessity for States to pay
particular attention, adopt immediate and concrete measures, develop effective
policies and implementation mechanisms and exchange good practices to eradicate
the widespread discrimination and persecution targeting Roma, Gypsies, Sinti
and/ Travellers, and for their full achievement of equality, including through
the establishment of structures and processes, in partnership and more constructive
cooperation between the public authorities and representatives/ leaders of these
groups/ Roma, Gypsies, Sinti and Travellers in order to ensure the proper enjoyment
of all human rights by these groups, so that their needs can be identified and
met.
(Merger of 71, 72, and 3(i))
71bis (merged) The World Conference calls upon States to promote and implement
legal provisions and public policies ensuring Roma communities’ institutional
development, their equal enjoyment of economic, social, cultural, civil and
political rights, their equal access to development resources and their full
participation to decision-making process in central and local public administration,
as recommended by CERD’s General Recommendation XXVII ‘Discrimination
against Roma’. It also encourages them to provide the ‘Roma nomadic
groups or Travellers’ with ‘places for encampment for their caravans
with all possible facilities’.
(Merger of 71bis and 73bis.)
75bis2 The World Conference recommends that the intergovernmental organizations
address, in their projects of cooperation and assistance to different State
parties, as appropriate, the situation of Roma communities and favour their
economic, social, and cultural advancement. (CERD General Recommendation XXVII
"Discrimination against Roma").
74. [The World Conference calls for intensified efforts at educating the public
about the history and extent of anti-Roma racism racism, racial discrimination,
xenophobia and related intolerance against Roma, Gypsies, Sinti and Travellers,
and about the contributions of Roma culture and history of Roma, Gypsies, Sinti
and Travellers, including by designing and implementing efficient public policies
and programmes on intercultural education.]
74bis The World Conference calls upon Governments to encourage awareness among
professionals of all media of the particular responsibility to not disseminate
prejudices and to avoid reporting incidents involving individual members of
Roma communities in a way which blames such communities as a whole (CERD General
Recommendation XXVII "Discrimination against Roma, article 37) and to encourage
and facilitate Romas access to media, newspapers, television and radio programmes
and the establishment of their own media, as well as the formation and training
of Roma journalists (CERD General Recommendation XXVII "Discrimination
against Roma, article 39).
New 159. The World Conference urges States [in accordance with their obligations]
to ensure that persons belonging to [racial] national or ethnic, religious and
linguistic minorities can exercise fully and effectively all human rights and
fundamental freedoms without any discrimination and in full equality before
the law and also urges States and the international community to promote and
protect the rights of such persons, including through the facilitation of their
participation in all aspects of the political, economic, social, religious and
cultural life of society and in the economic progress and development of the
country. [In the exercise of their rights and freedoms all persons, including
such minorities shall respect the legislation of the State they reside in and
respect the rights of others]. ADOPTED at 2nd Prep Com
69bis Governments should guarantee the right of persons belonging to national
or ethnic, religious and linguistic minorities, in community with other members
of their group, to enjoy their own culture, to profess and practice their own
religion, or to use their own language, in private and in public, freely and
without interference or any form of discrimination.
69 (first part). Governments should create favourable conditions and take measures
to/that will enable persons belonging to racial, cultural, linguistic, religious,
national or ethnic minorities within their jurisdiction to express their identity
characteristics freely and to develop their education, culture, language, traditions
and customs and to participate on a non-discriminatory and equitable basis effectively
in the cultural, social, economic and political life of the country in which
they live in a manner which ensures that gender equality and the full enjoyment
of all human rights by women are not undermined.
67 (merged) We note that there are a number of concepts of cultural, [territorial]
and administrative autonomy that are in line with the principles and norms of
international law. Such concepts may constitute practical ways to preserve and
promote the ethnic, cultural, linguistic and religious identity of a national
minority within the State of its residence. In maintaining their culture and
traditions, these persons should be in a position to develop the necessary contacts
inside and outside of the state of their residence/their country with due respect
for the sovereignty and territorial integrity of the latter, the principle of
non-interference by one State in the internal affairs of another and the political
independence of the States concerned.
(Merger of 67 with 69 (second part)
New 21. Urge States to incorporate a gender perspective into all programmes
of action against racism, racial discrimination, xenophobia and related intolerance
and to consider the burden of such discrimination that particularly falls on
[ generic description] indigenous women, African women, Asian women, women of
African descent, women of Asian descent, women migrants and women from other
disadvantaged groups, ensuring their access to the resources of production on
an equal footing with men, as means of promoting their participation in the
economic and productive development of their communities. (ADOPTED at 2nd Prep
Com )
3. The World Conference urges [Governments] and States:
(c) [ The World Conference urges Governments to integrate a gender perspective in policies and action to combat racism and/with a view to empowering women in the society belonging to vulnerable groups to claim respect for their rights in all spheres of public and private life.]
New 22. Urge States to involve women, especially women victims of racism, racial
discrimination, xenophobia and related intolerance, in decision-making at all
levels when working towards the eradication of such discrimination, and to develop
concrete measures to incorporate race/gender analysis in the implementation
of all aspects of the Programme of Action and national plans of action, particularly
in the fields of employment programmes and services and resource allocation.
(ADOPTED at 2nd Prep Com )
New 126. Examine the intersection of multiple forms of discrimination including
their root causes form a gender perspective with special emphasise on gender
based racial discrimination in order to develop and implement strategies, polices
and programmes aimed at elimination of all forms of discrimination against women.
29bis The World Conference urges governments to perform gender analysis on all
poverty eradication measures, including those designed to benefit ethnically
disadvantaged groups.
39. The World Conference underlines the importance of empowering women and girls
belonging to targeted groups, of promoting and protecting the human rights of
all women and girls, to demand respect for their rights in all spheres of public
and private life and of ensuring the full, equal and effective participation
of women in decision-making at all levels, in particular play an active role
in the design and implementation and evaluation of policies and measures which
affect their lives.
New 168 (merged) The World Conference urges States to;
fully respect international human rights law and international humanitarian
law applicable to the rights and protection of women and girls;
recognise that sexual violence committed by or with the acquiescence of the
State in the context of armed conflict has been used as a tool of systematic
forms of discrimination, abuse and genocide, and when used against non-combatant
population on the basis of race or ethnicity can/constitute a serious violation
of international law, international humanitarian law, and a gross violation
of human rights, and that the intersection of race and gender makes women and
girls particularly vulnerable to this type of violence that is often related
to racism, racial discrimination, xenophobia and related intolerance;
end impunity and prosecute those responsible for genocide, crimes against humanity
and war crimes, including those related to sexual and other gender-based violence
against women and girls, as well as that persons in authority who tolerate,
aid, abet and consent to the use of sexual and gender-based violence are identified,
investigated, prosecuted and punished;
take special measures to protect women and girls from gender-based violence,
particularly rape and all other forms of sexual violence during armed conflict.
(Merger of New 168, 56bis2 and 56bis Alt. 2)
43. The World Conference urges States to pay special attention to situations
of racism, racial discrimination, xenophobia and related intolerance when designing
policies, strategies and programmes for children, [ in particular, girls and
children living in especially difficult circumstances, situations of exploitation
or in need of special protection, inter alia: (a) abandoned or displaced children;
(b) children who live or work in the street; (c)bis child labourers (d) child
victims of trafficking and economic exploitation; e) sexually exploited and
abused children; (f) children affected by armed conflict; and (g) child victims
of poverty/children orphaned by AIDS; (h) children separated from their parents/families,
migrant children, children belonging to ethnic minorities, asylum-seekers and
refugees. ONGOING 2nd Prep Com
46. The World Conference requests States and as well as international organizations
to provide protection against acts of racism, racial discrimination, xenophobia
and related intolerance against children, particularly those who find themselves
in circumstances of particular vulnerability.
44bis1 The World Conference urges States to guarantee immediate birth registration
of each child in order to ensure all children protection of their human rights
without discrimination, especially their economic, social and cultural rights.
New 73 (merged) We urge States, non-governmental organizations and the private
sector to consider the situation of persons with physical and mental disabilities
as one of the vulnerable groups of the population and victims of discrimination
at the systematic, cultural and individual levels, even more so when they come
from disadvantaged groups. We also urge States to legislate in order to have
specific measures to ensure their access to regular services such as health
services, adapted housing, public accommodations, transportation, communication,
recreation, voting and equal opportunity with regard to equal employment, education
and other basic public services. We further urge States to take steps in order
to redress their economic situation, the consequence of the discriminatory attitude
in job integration and to consider the adoption of clear, strong, consistent
and enforceable standards addressing discrimination against them. (Merger of
73, 50bis & 50bis1.)
III. MEASURES OF PREVENTION, EDUCATION AND PROTECTION AIMED AT THE ERADICATION OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS
New 115 (merged) Urges States to adopt and implement effective measures, in
addition to anti-discrimination legislation and mechanisms, which encourage
their citizens to take a stand against racism, prejudice and intolerance, and
to capitalize on the racial, cultural, social and religious diversity of their
nation in working together to build a harmonious and productive future, by putting
into practice and promoting values and principles such as justice, equality
and non-discrimination, fairness and friendship, tolerance and respect within
and between communities, in particular through public information, education
and training programmes to raise awareness and understanding of the benefits
of cultural diversity, including programmes where government works in partnership
with business and civil society.
(Merger of New 115 and 7bis3)
2. The World Conference urges States to adopt or strengthen, as appropriate,
national programmes for eradicating poverty which take account of the needs
and experiences of [ indigenous populations peoples, people of African descent,
people of minority descent, migrants, refugees, asylum-seekers and other ethnic,
racial, cultural, religious and linguistic groups or minorities] , /individuals
and groups affected by or vulnerable to racism, racial discrimination, xenophobia
and related intolerance, and also request that they expand their efforts to
foster bilateral, regional and international cooperation in implementing those
programmes.
New 158. Urge those States in which the political and legal systems that do
not reflect the multi-racial, multi-ethnic, multi-lingual and multi-cultural
realities of their societies to review such systems in consultation with the
representatives of the affected groups, with a view to improving democratic
institutions so that they are more fully participatory and avoid marginalisation,
exclusion and discrimination of specific sectors of society, including indigenous
peoples, people of African descent, migrants and other victims of racism.
New 79. Request that the World Conference call for the development of effective
legislative, policy and programme measures at the national, regional and international
levels, that will contribute to the elimination of propaganda that promotes
racism, racial discrimination, xenophobia and related intolerance.
44bis The World Conference requests States to take necessary measure to address
through policies and programmes, racism and racially motivated violence against
women and girls and to increase co-operation, policy responses, effective implementation
of national legislation and other protective and preventive measures aimed at
the elimination of all forms of violence against women and girls.
A. National level
Legislative, judicial, regulatory, administrative and other measures to prevent and protect against racism and related discrimination
3 a) (part of) To establish and implement/apply without delay national policies and action plans to combat racism, racial discrimination, xenophobia, [ anti-Semitism] Islamophobia and related intolerance, including, inter alia, including their gender-based manifestations.
New 1. The World Conference requests States to [ double] make all possible efforts
to reassert their commitment to eradicating racism, racial discrimination, xenophobia
and related intolerance in order to improve human well-being, promote more inclusive
and participatory societies, and eradicate poverty. All these objectives require
both the effort of governments and the collective commitment and efforts of
the international community
New 2. The World Conference recognizes that the success of this Plan of Action
will require political will, adequate funding at the national, regional and
international levels, including, in some circumstances, new and additional resources
particularly for developing countries.
New 6 (merged) The World Conference urges States to reaffirm their democratic
commitment and take the necessary legislative and judicial measures in accordance
with their obligations under the regional and international human rights instruments,
and to adopt and implement strictly stringent laws which condemn and actively
discourage/to prohibit and prosecute, and outlaw all forms of propaganda, publicity,
organizations, associations, political parties or groups based on ideas, theories
or doctrines of the superiority of one race, nation or ethnic group and that
seek to justify or promote racial hatred, xenophobia or racial discrimination
and which recognise that participation in such organizations is an offence punishable
by law.
(Merger of New 6, 19bis and New 124)
1e)bis3 To fully and more effectively apply existing legislation concerning
the dissolution of organizations promoting racism, racial discrimination, xenophobia,
anti-Semitism, Islamophobia, other forms of religious discrimination, Negrophobia,
anti-Black racism, anti-Roma racism, discrimination against indigenous peoples,
anti-Asian racism, anti-Arab discrimination, [homophobia] and related intolerance
and prosecute those members breaching the law and to [consider the possibility
of declaring] /[outlaw] the membership in organizations promoting racism, racial
discrimination, xenophobia, anti-Semitism and related intolerance a criminal
offence.
86 (merged) The World Conference urges States to design or reinforce, promote
and implement effective legislative and administrative policies, as well as
other preventive measures against the serious situation experienced by certain
groups of workers, including migrant workers, persons of migrant origin and
foreign workers who are vulnerable to racism, racial discrimination, xenophobia
and related intolerance, including persons involved in prostitution and others
who may be exploited or victims of illegal trafficking. Special attention should
be given to protecting foreign domestic workers from discrimination and violence,
as well as combating prejudice against them.(Merger of 86 and New 132)
New 136 a) The World Conference calls upon States to comply with their obligations
under applicable international human rights instruments and domestic human rights
and labour laws in protecting the rights of migrants and their families.
1 (a) The World Conference urges States [ To adopt and implement, or strengthen
wherever necessary, national legislation and administrative measures that expressly
and specifically counter racism and prohibit racial discrimination, whether
direct or indirect, in all spheres of public life in conformity with the provisions
of the International Convention on the Elimination of All Forms of Racial Discrimination
without making limiting reservations and review existing measures with a view
to amending or rebuilding national legislation and administrative provisions
that may give rise to discrimination;
1a)bis2 (merged) The World Conference urges States to assess and review legislation
and administrative measures to ensure their ongoing efficacy, and to amend,
rescind or nullify, as required, laws and regulations which create, perpetuate
or contribute to racism, racial discrimination, xenophobia and related intolerance.
(merger of 1a)bis2 and 1a)bis3)
58 (merged) [The World Conference encourages/urges all States to enact and implement,
as appropriate, laws against trafficking in persons and smuggling of migrants,
and to take into account, in particular, policies and practices that endanger
their lives or lead to various kinds of servitude and exploitation, such as
debt bondage, slavery and sexual or labour exploitation. It also encourages
States to create, as appropriate, inter-ministerial task forces or national
focal points to combat trafficking in persons, to allocate resources to ensure
law enforcement and the creation of adequate judicial institutions to deal with
such cases, and to reinforce bilateral, regional and international co-operation,
including with non-governmental organizations that assist victims to combat
this traffic. ]
(Merger of 58 and 45)
New 81. The World Conference urges States to take all necessary constitutional,
legislative and administrative measures to foster equality among individuals
and groups who are affected by, vulnerable to, or victims of racism, racial
discrimination, xenophobia and related intolerance, and review existing measures
with a view to amending or repealing national legislation and administrative
provisions that may give rise to such forms of discrimination; ADOPTED at 2nd
PrepCom
New118. The World Conference encourages States, as preventive measures, to establish
mechanisms for examining and reviewing the conformity of draft legislation with
principles of non-discrimination on the basis of race, ethnic or national origin,
religion or belief, especially in relation to potentially discriminatory effects,
including all forms of multiple discrimination, on persons belonging to targeted
groups. The World Conference emphasises that individuals belonging to targeted
groups should be invited and encouraged to participate in the design and development
of preventive policies and measures.
1b)bis To ensure that the conduct of trials and the imposition of sentences
do not discriminate on grounds relating to racism. In particular, countries
where the death penalty is still imposed should investigate any disproportionate
impact of such penalty on racial groups and declare a moratorium on executions
pending such investigations.
2bis The World Conference urges States to take the necessary measures to ensure
that no person will be expelled, extradited or returned to another State where
there are substantial grounds for believing that he or she would be in danger
of being subjected to torture or persecution on account of his or her [ race,
religion, nationality, membership of a particular social group or political
opinion] racial, ethnic, cultural, religious, linguistic, or national origin
[ or political affiliation] ;
6bis d) (merger) The World Conference urges States, non-governmental organizations
and the private sector to compile and publish statistics on police brutality
incidents and complaints on a regular basis to determine whether criminal justice
policies or programmes have an unjustified disparate impact on racial and ethnic
minorities, with a view to identifying and eliminating these practices. These
statistics should include the race, ethnicity and gender of the perpetrator
and victim.
(Merger of 6bis d) and part of 6bis b)
New 83 (merger) The World Conference urges States to work with law enforcement
agencies in designing, implementing and enforcing effective policies and programmes
to prevent, detect, and ensure accountability for incidents of police misconduct
motivated by race or ethnic origin, to prosecute such police misconduct and
to eliminate «racial profiling» by law enforcement officials or
the use of race or ethnicity as a sole basis for determining if an individual
is engaged in criminal activity; (Merger of New 83 and part of 6bis b)
New 20. The World Conference urges States to take measures to prevent the use
of scientific and technological progress in genetic research to promote racism,
racial discrimination, xenophobia and related intolerance, to protect the individual
privacy of the information contained in the human genetic code;
6bis The World Conference urges States, non-governmental organisations and the
private sector to:
(e) Create and implement policies that promote a high quality and diverse police force free from discrimination on the basis of race. Actively recruit all groups, including minorities, into public employment, including the police force and other agencies within the criminal justice system, (such as prosecutors).
(f) Work to reduce violence, including violence motivated by race, colour, descent or national or ethnic origin by:
Developing educational materials to teach young people the importance of tolerance
and respect;
Addressing bias before it manifests itself in violent criminal activity;
Establishing working groups consisting of, inter alia, local community leaders
and national and local law enforcement officials, to improve coordination, community
involvement, training, education and data collection, with the aim of preventing
such violent criminal activity;
Ensuring that civil rights laws that prohibit violent criminal activity are
strongly enforced;
Enhancing data collection regarding violence motivated by race, colour, descent
or national or ethnic origin;
Providing appropriate assistance to victims, and public education to prevent
future incidents of violence motivated by race, colour, descent or national
or ethnic origin.
Ratification of and effective implementation of relevant international and regional legal instruments on human rights and non-discrimination
New 98 (merger) The World Conference urges States that have not yet done so
to consider ratifying or acceding to the international human rights instruments
which combat racism, racial discrimination, xenophobia and related intolerance,
in particular to accede to the International Convention on the Elimination of
All Forms of Racial Discrimination as a matter of urgency, with a view to universal
ratification by the year 2005, and to consider making the declaration envisaged
under article 14 comply with their reporting obligations, publish and act upon
the concluding observations of the Committee on the Elimination of Racial Discrimination.
It also urges States to limit, review or consider the withdrawal of reservations
that are incompatible with the purposes and objectives of the ICERD;
(Merger of New 98, 93, New 97, 93bis4, 1b)bis1 and 93bis3)
93bis5 The World Conference urges States to give the utmost importance to the
observations and recommendations of the Committee on the Elimination of Racial
Discrimination. To that effect, States should consider setting up appropriate
national monitoring and evaluation mechanisms to ensure that these observations
and recommendations are duly addressed and that the relevant legislation is
effectively implemented and that all necessary steps are taken to promote national
harmony, equality of opportunity and good inter-social relations.
1e) To declare an offence punishable by law and that legal actions be taken
ex-officio against all acts of racial discrimination under CERD./To fully and
more effectively apply existing legislation concerning the dissolution of organizations
promoting racism, racial discrimination, xenophobia, anti-Semitism and related
intolerance and prosecute those members breaching the law and to consider the
possibility of declaring the membership in organizations promoting racism, racial
discrimination, xenophobia, anti-Semitism and related intolerance a criminal
offence;
93 (merged) The World Conference requests/urges States that have not yet done
so, without delay, to sign and ratify, or accede to/consider signing and ratifying
or acceding to and implementing fully the following instruments:
the Convention against Discrimination in Education, adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization,
the Convention on the Elimination of All Forms of Discrimination against Women, with a view to achieving universal ratification within five years, and to consider signing and ratifying or acceding to its Optional Protocol
the Convention on the Rights of the Child, and Convention 138 (Minimum Age) and Convention 182 (Worst Forms of Child Labour) of the ILO,
the ILO Convention 1989 (No. 169), which protects the rights of Indigenous and Tribal Peoples in Independent Countries and the Convention on Biological Diversity, and revise the ILO Convention in consultation with indigenous peoples, to overcome its deficiencies, in order to progress in the eradication of racism, racial discrimination, xenophobia and related intolerance,
the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), and to prohibit and prevent discriminatory treatment against foreigners and migrant workers, inter alia, concerning the granting of visas, work permits, family conditions, housing and access to justice, based on race, colour, descent or national or ethnic origin,
the Rome Statute of the International Criminal Court,
the UN Convention against Transnational Organized Crime and its Protocol to prevent, suppress and punish trafficking in persons, especially in women and children, in order to end practices that lead to various kinds of servitude and exploitation such as debt bondage, slavery and sexual or labour exploitation,
(Merger of 93, 1(a)bis, New 100, 99, 99bis, 100, 58, New 62, New 138, 95, 94,
New 127 and 98bis)
New 45. The World Conference calls on States to promote the exercise of the
rights set out in the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief, adopted in General Assembly
resolution 36/55, in order to obviate religious discrimination against people
of African descent;
New 57. The World Conference urges States to seek full respect for, and compliance
with, the 1963 Vienna Convention on Consular Relations, especially as it relates
to the right of foreign nationals, regardless of their immigration status, to
communicate with a consular officer of their own State in the case of arrest
or detention;
97. [The World Conference calls upon urges all States that have not yet done
so to consider ratifying or acceding to to ratify [the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their
Families and] the Migration for Employment Convention (Revised), 1949 (No. 97)
and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)
of the International Labour Organization, and to prohibit and prevent discriminatory
treatment against foreigners and migrants workers, inter alia concerning the
granting of visas, work permits, family conditions, housing and access to justice,
based on race, colour, descent or national or ethnic origin. ]
New 167 (merger) The World Conference underlines the importance of combating
impunity including for crimes with a racist or xenophobic motivation, also at
international level, [noting that impunity for the violations of human rights
and international humanitarian law is a serious obstacle to political stability
and sustainable development.] It also fully supports the work of the existing
international criminal tribunals and the adoption of the Statute of the International
Criminal Court.
(Merger of New 167 and 90.)
96. [The World Conference calls upon urges States that have not yet done so
to consider ratifying or acceding to to ratify international standards/instruments
that prohibit discrimination in employment and occupation, in particular the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) of the
International Labour Organization, and to apply the Declaration on Fundamental
Principles and Rights at Work of the International Labour Organization of 1998.]
66. [The World Conference urges States to apply the Guiding Principles on Internal
Displacement (E/CN.4/1998/53/Add.2), particularly those provisions relating
to non-discrimination, where applicable.]
45bis1 The World Conference urges States to take appropriate measures for the
implementation of the rights of the child without discrimination, and with regard
to economic, social and cultural rights to the maximum extent of available resources
and, where needed, within the framework of international co-operation.
Prosecution of perpetrators of racist acts
89 (merger) The World Conference urges States to: adopt effective measures to
combat criminal acts motivated by racism, racial discrimination, xenophobia
and related intolerance; to take measures so that such motivations will be considered
an aggravating factor for the purposes of sentencing, to prevent these crimes
from going unpunished; and to ensure the rule of law.
(Merger of 89 and 1e)bis)
New 82. Urge States to undertake investigations to examine possible links between
criminal prosecution, police violence and penal sanctions, [ including the application
of the death penalty] [ in particular against vulnerable groups and individuals]
on the one hand, and racism, racial discrimination, xenophobia and related intolerance,
on the other, so as to have evidence for taking the necessary steps for the
eradication of any such links and discriminatory practices; ADOPTED at 2nd PrepCom
47bis The World Conference recalls the negative influence of right wing, neofascist,
nationalist and racial ideologies to young people and call for special measures
to eliminate that.
1[(d) (merged) The World Conference urges / calls upon States;
To bring to justice those responsible for expression of incitement to racial
hatred, defamation of nation or race, support or promotion of movement seeking
to suppress citizens' rights and freedoms, denial of [Holocaust[s] or [genocide]
racist acts and the of violence or intimidation to which they give rise and
also to ensure the protection, /respecting the necessary distinction between
the prohibition of racial discrimination and the enjoyment of the right to freedom
of expression in the in/ ensuring the prohibition of racial discrimination in
the enjoyment of the right to freedom of expression.)]/
To bring to justice those responsible for crimes motivated by racism, racial
discrimination, xenophobia and related intolerance and the violence to which
they give rise, ensuring that in efforts to combat such crimes, States find
a balance between the principle of freedom of expression and the goal principle
of eradication of racist and hateful speech.]/
To bring before national and international tribunals those responsible for racist
acts, racial hatred and violence perpetrated against those groups that are most
vulnerable. States undertake to prohibit all forms of discrimination and to
suppress laws that constitute an obstacle to inter-community relations and mutual
co-operation.
To bring to justice those responsible for racist acts and the violence to which
they give rise and to ensure the prohibition of all manifestations of racism,
racial discrimination and xenophobia in the exercise of the right to freedom
of expression.
(Merger of 1 d) and New 105)
1 d)bis and e) bis2 The World Conference calls upon Governments and States to:
enact, as a matter of priority, appropriate legislation and take other measures
required to give full effect to their obligations under international humanitarian
law, in particular in relation to the rule prohibiting discrimination
adopt legislation prohibiting, in particular, for the prosecution and punishment
of persons suspected of having committed or having ordered to be committed grave
breaches of the Geneva Conventions and Additional Protocol I and of other serious
violations of the laws and customs of war, in particular in relation to the
rules prohibiting discrimination.
54bis1 The World Conference calls upon Governments (States) to criminalize trafficking
in women and children in all its forms and to condemn and penalize traffickers
and intermediaries, while ensuring protection and assistance to the victims
of trafficking with full respect for their human rights.
6bis f) The World Conference urges States, non-governmental organizations and
the private sector to work to ensure that violence motivated by race, colour,
descent or national or ethnic origin is prosecuted with equal vigour as other
similarly serious crimes.
85bis The World Conference urges States to carry out exhaustive, timely and
impartial investigations of all acts of racism, racial discrimination and to
prosecute offences of a racist or xenophobic nature ex officio. It further undertakes
to ensure that criminal prosecution of offences of a racist or xenophobic nature
is given high priority and is actively and consistently undertaken. States shall
ensure the right to equal treatment before the tribunals and all other organs
administering justice. In this regard, it underlines the importance of fostering
awareness and providing training to the various agents in the criminal justice
system to ensure fair and impartial application of the law. In this regard the
World Conference draws attention to the importance of collecting and publishing
adequate data, broken down by sex and age, on the number and nature of racist
and xenophobic incidents or offences, the number of cases prosecuted or the
reasons for non-prosecuting and the outcome of prosecutions. In this respect
it recommends that an anti-discrimination monitoring services be established;
Establishment and reinforcement of independent specialised national institutions
and mediation
5 (merger) The World Conference urges States, as appropriate, to establish,
strengthen, review and reinforce the effectiveness of human rights bodies/institutions,
[(public defenders, human rights attorneys, ombudsmen, etc.)] which must [should]
have the following characteristics:
a) conform to the principles regarding the status of national institutions for
the promotion and protection of human rights (the "Paris principles");
a unit specialized in racial discrimination;
a broad mandate in terms of both issues and capacities;
competence on issues of racism, racial discrimination, xenophobia and related
intolerance;
visibility and accessibility to the population;
ability to initiate investigations, issue recommendations and institute legal
proceedings in cases of racial discrimination and, as appropriate inter alia,
the capacity to receive, investigate and mediate complaints and, where appropriate,
to refer such complaints to the justice system for appropriate action;
reflect the diversity of the country and be representative of the population
they serve.
The World Conference further calls upon States to provide them with adequate financial resources, competence and capacity.
(Merger of parts of 5., 5 Alt. And 6 a) b) & d)
6 (modified) The World Conference also urges States:
to foster cooperation of these institutions with other national institutions;
to take steps to [ensure that by [members of groups which are victims of or
vulnerable to] individuals or groups affected by or vulnerable to racism, racial
discrimination, xenophobia and related intolerance [can participate fully in
these institutions];
to support national human rights institutions or similar bodies responsible
for combating racism, racial discrimination, xenophobia and related intolerance,
inter alia the publication and circulation of existing national laws and jurisprudence,
and cooperation with institutions in other countries so that knowledge can be
gained of the manifestations, functioning and mechanisms of these practices
and the strategies designed to prevent, combat and eradicate them;
2. Policies and practices
Data Collection, Disaggregation, Research and Study
50 (merged) The World Conference urges States :
a) to collect, compile and disseminate data on the situation of groups which
are victims of discrimination, providing information on the composition of their
populations according to race, colour, nationality, national origin, ethnicity,
religion, sex, age and other factors, as appropriate, for, inter alia, the development
and evaluation of policies with respect to human rights, including those against
that address racism, racial discrimination, xenophobia and related intolerance.
The collection of such data should/may take into account the self-definition
of these groups;
to promoting quantitative, qualitative and gender-sensitive research on the subject with the full and equal participation of those being researched,
to institute routine monitoring of racist acts on the local and national level and of the situation of marginalized racial and ethnic groups, [through periodic sampling and compilation of statistical information collected and analysed disaggregated by sex, age, race or ethnic group/ethnicity and national origin, particularly with regard to such fundamental economic and social indicators as infant mortality rate, life expectancy, literacy rate, level of education, access to employment, housing and health services, and average disposable income.] [Special attention should be paid to research into the impact of racial discrimination on the enjoyment of those rights, and to the publication of the conclusions.];
to ensure that institutions responsible for providing statistical information on the population take explicit account of the existence of [indigenous peoples, people of varying descent and other ethnic groups,] capturing the component parts of their diversity according to their needs and obtain data on relevant and appropriate characteristics, designing strategies to evaluate the human rights all policies concerning ethnic groups. To that end, it recommends the development of voluntary, consensual and participatory strategies for these communities in the processes of collecting and using information;
to share/ exchange experiences and successful practices with other States.
(Merger of 50, 51, 19 and parts of 6 c))
44. (first parts) (merged) [Governments should collect] The World Conference
further invites States:
to collect or examine ways of collecting better statistical data and analyze them in order to identify how legislation and policy affect children’s lives, ensuring that any data collected on race, colour, descent, religion, language, national or ethnic origin/ ethnicity, nationality, religion, descent, etc. will not be misused;
to compile and publish data to determine the extent to which people with disabilities, including those from disadvantaged groups, are not receiving basic social services so that States can develop specific policies and programmes to remedy this type of exclusion;
(Merger of 44 and 50bis2
44 last part (merger) The World Conference urges States to ensure that all data
and information shall be collected in accordance with provisions on human rights
and fundamental freedoms, such as data protection regulations and privacy guarantees.
(Merger of 44 (last part and 50 (last part))
73. [Government efforts to design policies aimed at combating racial discrimination,
xenophobia and related intolerance should be based on reliable statistical data
and other quantitative information including qualitative research done, and
priorities identified by Roma themselves reflecting as accurately as possible
the status of the Roma in society Roma, Gypsies, Sinti and Travellers in society.
Such information should be collected in accordance with human rights principles
and in consultation with the persons concerned, and protected against abuse
through data protection and privacy guarantees./All such information shall be
collected in accordance with provisions on human rights and fundamental freedoms,
such as data protection regulations and privacy guarantees.]
New 58. The World Conference invites States to promote the study and adoption
of an integral, objective and long-term approach to all phases and aspects of
migration, that will deal effectively with both its causes and manifestations
and pay special attention to the prevention and punishment of illegal acts motivated
by racism, racial discrimination, xenophobia and related intolerance, wherever
they may occur.
New 65. The World Conference recommends that further studies be conducted on
how racism, racial discrimination, xenophobia and related intolerance may be/are
reflected in laws, policies, institutions and practices and how this may have/has
contributed to the vulnerability, victimization and exclusion of migrants, especially
women and children.
New 94. The World Conference invites the international institutions to study
the causes of migrations in specific cases and to co-operate with the countries
of origin in addressing the causes of migratory flows;
13bis3 The World Conference calls for studies to address the effects of economic
globalisation on migration trends and the resurgence of racism, racial discrimination,
xenophobia and related intolerance.
32bis1 e) Compile and publish, where appropriate, disaggregated statistical
data by race and ethnicity to determine whether employment policies or programmes
have an unjustified disparate impact on racial and ethnic minorities and support
the development of specific policies or programmes.
New 129 c) The World Conference urges Governments, non-governmental organisations
and the private sector to takes steps to improve the collection, analysis and
use of data disaggregated by race and ethnicity to reduce disparities in access
to health care and improve the overall health status and health outcomes of
minority and indigenous populations;
75bis3 The World Conference recommends States to include in their periodic reports,
in an appropriate form, data about the Roma communities within their jurisdiction,
including statistical data about Roma participation in political life and about
their economic, social and cultural situation. (CERD General Recommendation
XXVII "Discrimination against Roma).
Action-oriented policies and action plans, including affirmative action to ensure
non-discrimination in particular as regards access to social services, employment,
housing, education, health care etc
1b) To guarantee and promote [ strive for] full and effective equality justice
for/to all without discrimination by providing appropriate affirmative action
especially to vulnerable groups victims of discrimination/ by ensuring equity,
social justice and fair distribution of aid and community strategies and economic,
political and social participation/[ equality of opportunity] through adoption
and exchange of good practices on implementation of legal and policy measures;
3(f)bis To take concrete measures to promote equality based on the elimination
of gender and racial prejudice in all fields through inter alia, improving access
to education, health care, employment and other basic services to promote full
enjoyment of economic, social and cultural rights;
52 (merged) The World Conference urges States to establish, on the basis of
existing statistical information, national programmes, including affirmative
action positive measures, to promote the access of individuals and groups affected
by or vulnerable to racism, racial discrimination, xenophobia and related intolerance
indigenous people, [people of varying descent,] migrants and other ethnic, racial,
cultural, religious and linguistic groups or minorities to education, medical
care and basic social services, including primary education and basic health
care.
(Merger of 52 and part of New 142)
New 93. The World Conference recommends that host countries for migrants consider
the provision of adequate services in the areas of health, education and accommodation
as a matter of priority in their co-operation measures with the United Nations
agencies, the Organization of American States and international financial bodies
and also request that these agencies should provide an adequate response to
such requests;
New 142 (part of) (merged) The World Conference urges States to establish national
programmes to promote the access, without any discrimination, of people of African
descent, Mestizos, migrants and other ethnic, racial, cultural, linguistic and
religious groups, minorities, and indigenous peoples, where they exist, to education,
medical care and other social services. To eliminate by the year 2010 the disparities
these groups experience, inter alia, infant mortality rate, childhood immunization,
HIV/AIDS, heart disease, cancer and other contagious diseases.
(Merger of part of New 142 and New 110)
New144 The World Conference urges States to specifically include prohibition
of direct and indirect discrimination on grounds of actual or presumed nationality
or national origin in civil, administrative and labour law to combat effectively
discrimination against non-nationals, particularly migrant workers and refugees.
National anti-discrimination legislation should specifically include access
to and provision for effective judicial, administrative and other remedies for
non-citizens.
29. The World Conference urges States to prevent and eliminate, where they exist,
racially discriminatory policies and practices in access to public and private
employment, business opportunities, and development programmes [and occupation],
education, housing and health care and to promote policies which seek to improve
the prospects of targeted groups facing inter alia the greatest obstacles in
finding, keeping or regaining work, including skilled employment. Particular
attention should be paid to persons subject to multiple discrimination.
3(e) The World Conference urges Governments to counter social exclusion and
marginalization of racial, ethnic, cultural, religious, linguistic and national
minorities, in particular by providing de facto equal access to education, health
services, employment and housing;
32bis In the field of public and private housing authorities should promote
the successful cohabitation of different social groups at the planning stage
of urban development schemes as well as renovate neglected areas of public housing
so as to counter social exclusion.
Immigration Policies
New 25. The World Conference urges States to consider policies and programmes
to reduce income and wealth inequality, recognizing the close association between
poverty and racism, racial discrimination, xenophobia and related intolerance.
The World Conference further requests States to take additional steps to protect
economic, political, social and cultural rights on a non-discriminatory basis,
by ensuring an increase in the delivery of public services and access to social
justice and rights for indigenous peoples, people of African descent, migrants
and other ethnic, racial, cultural, religious and linguistic groups or minorities;
New 106. The World Conference calls upon States to adopt or strengthen, as required,
laws, strategies, programmes and policies, including affirmative action, to
promote and protect the rights of victims of racism, racial discrimination,
xenophobia and related intolerance, including their effective access to justice
and judicial remedies free from racial discrimination of any kind;
1.b) To guarantee and promote [ strive for] full and effective equality justice
for/to all without discrimination by providing appropriate affirmative action
especially to vulnerable groups victims of discrimination/ by ensuring equity,
social justice and fair distribution of aid and community strategies and economic,
political and social participation/[ equality of opportunity] through adoption
and exchange of good practices on implementation of legal and policy measures;
Employment
32. The World Conference invites urges States to promote and support where appropriate
the organization and operation of enterprises owned by indigenous people, people
of minority descent, migrants and other ethnic, racial, cultural, religious
and linguistic groups or minorities by favouring/facilitating equal/promoting
equal access to credits and training programmes.
32bis1 The World Conference urges Governments, non-governmental organizations,
and the private sector to:
Support the creation of workplaces free of discrimination through a multi-faceted
strategy that includes civil rights enforcement, public education, and communication
within the workplace. Promote and protect the rights of workers who are subject
to racism, racial discrimination, xenophobia and related intolerance.
Foster the creation, growth and expansion of businesses dedicated to improving
economic and educational conditions in under-served and disadvantaged areas,
by increasing access to capital through, inter alia, community development banks,
recognizing that new businesses can have a positive, dynamic impact on communities
in need. Work with the private sector to create jobs, help retain existing jobs,
and stimulate industrial and commercial growth in economically distressed areas.
New 84. The World Conference urges States to give special attention, when promoting
and implementing legislative and judicial policies designed to give workers
adequate protection, to the serious situation of lack of protection and, in
some cases, the exploitation or trafficking of victims of racism, racial discrimination,
xenophobia and related intolerance, a situation that allows or facilitates confinement,
as in the case of domestic workers and dangerous and badly paid jobs;
85. The World Conference urges States to avoid the negative effects of discriminatory
practices, racism and xenophobia in employment and occupation by promoting the
application and observance of international instruments and norms on workers’
rights, [including the Declaration on Fundamental Principles and Rights at Work].
It also urges States to continue their efforts to protect the rights of workers
who are particularly vulnerable to racism, racial discrimination, xenophobia
and related intolerance including those who may be discriminated against on
multiple grounds.
12. The World Conference encourages States to consider taking measures to increase
the recruitment, retention and promotion of women and men [belonging to] targeted/all
groups, including racial and ethnic minorities/affected by or vulnerable to
racism, racial discrimination, xenophobia and related intolerance, to the teaching
profession and guarantee them effective equality of access to it. Particular
attention should be made to recruit women and men who have the ability to interact
effectively with all groups.
30bis (merged) The World Conference calls on all States to recognise the importance
of the involvement and participation of all persons affected and to encourage
trade unions, the business sector and employers to work together in the formulation
and implementation of policies and programmes to ensure non-discrimination and
equality in the workplace.
(Merger of 30bis and 30)
86bis The World conference calls upon all states to provide protection to victims
of racism, racial discrimination, xenophobia and related intolerance at the
workplace through access to effective labour and employment relevant administrative
institutions and processes, legal procedures and other remedial action.
Health, environment
53. Urges States, individually and through international cooperation, to enhance
measures to fulfill the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health with the view to eliminate disparities
in health status, as indicated in standard health indexes, which might result
from racism, racial discrimination, xenophobia and related intolerance. ADOPTED
New 129. The World Conference urges Governments, non-governmental organizations,
and the private sector to:
Provide effective mechanisms for monitoring and eliminating racial and ethnic
discrimination in the health care system, such as the development and enforcement
of effective anti-discrimination laws;
Take steps to ensure equal access to comprehensive, quality health care for
all, including primary health care to medically under-served people; and facilitate
training of a health workforce that is both diverse and motivated to work in
under-served communities. Work to increase diversity in the health care profession
by recruiting promising and talented women and men from all groups, including
racial and ethnic minorities, for health care careers and retaining them in
the health professions. Particular efforts should be made to recruit women and
men who have the ability to interact effectively with all groups;
Work with health care professionals, community-based health providers, non-governmental organizations, faith-based organizations, scientific researchers and private industry to expand the knowledge base about racial and ethnic health disparities and to improve the health outcomes of minority and indigenous populations.
Adopt and implement policies and programmes to improve HIV/AIDS prevention efforts
in high-risk communities and work to expand availability of HIV/AIDS care, treatment
and other support services.
New130 The World Conference urges States to take measures and to set targets
to ensure the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health with the view to eliminate disparities in health
status;
33bis (merged) The World Conference urges States, non-governmental organizations
and the private sector to take steps to improve access to public information
on health and environmental issues by all people, including those affected by
racism, racial discrimination, xenophobia and related intolerance; identify
and address the adverse effects of government policies and programmes on the
human health and environment in targeted areas; and promote compliance with
and enforcement of all health and environmental laws, including in areas inhabited
by racial or ethnic minorities, indigenous peoples, or low-income populations.
(Merger of parts of 33bis)
33ter (merged) It further urges States to adopt measures to provide a proper/safe
and healthy environment for racially and ethnically disadvantaged groups; ensure
that they have the ability to meaningfully participate in the public process
for environmental decision-making that may affect them; share technology and
best practices to improve human health and the environment in all areas; seek
to prevent or minimize the industrial pollution that affects them disproportionately;
as appropriate to take measures to clean and redevelop contaminated sites located
in or near where they live, turn them into usable space that is clean and safe
for human use and habitation, create jobs and enhance community development
and, where appropriate, to relocate, on a voluntary basis and after consultation
with those affected, racially and ethnically disadvantaged groups to other areas
when there is no other practical alternative to ensuring their health and well-being.
(Merger of parts of 33bis and New 8)
Equal participation in political, economic, social and cultural decision-making
30. The World Conference urges/invites Governments, the private business sector
and international [financial] institutions, [particularly/including the World
Bank and regional development banks], to promote participation by persons belonging
to/members of all groups, including [minority groups] individuals and groups
affected by or vulnerable to racism, racial discrimination, xenophobia and related
intolerance, in economic, cultural and social decision-making at all stages
and levels [in the development and implementation of poverty alleviation strategies,
development projects, and trade and market assistance programs].
3(h) The World Conference urges Governments to enhance/reflect on and facilitate
the effective and equal access of all members of the community, including members
of vulnerable groups/individuals and groups affected by or vulnerable to racism,
racial discrimination, xenophobia and related intolerance, to the decision-making
processes in society, in particular at the local level;
30. Alt. The World Conference urges all financial international institutions,
in particular the World Bank and regional development banks, to promote participation
(by all members of the international community (in the decision-making process
at all stages (at the global and regional levels respectively (in order to facilitate
the development projects and trade and market assistance programs, as well as
implementation of poverty alleviation strategies, (the lack of which/non-fulfillment
of which negatively affect the Member States and may lead to (discriminatory
behaviour and xenophobic attitude) against minorities, groups and individuals
(in society at large)
3(h) Alt. The World Conference urges Governments and the private business sector
to promote participation by persons belonging to/members of all groups, including
members of vulnerable groups and groups affected by or vulnerable to racism,
racial discrimination, xenophobia and related intolerance and facilitate their
effective and equal access to the decision-making processes in society, in particular
at the local level.
Role of politicians and political parties
4 (modified) The World Conference urges to promote good governance based on
the principles of democracy, the rule of law, equality, non-discrimination and
transparency and thus reflect the full diversity of a given State. It encourages
[political parties to take concrete steps to promote solidarity, tolerance and
respect inter alia by developing [model] voluntary code[s] of conduct as well
as penal measures for members of such parties who engage in statements and actions
that could encourage or incite racism, racial discrimination, xenophobia and
related intolerance and racist sentiment among the public].
4bis 2 The World Conference invites the Inter Parliamentary Union to encourage
debate in, and action by Parliaments, on legal measures to be taken at national
level to combat racism, racial discrimination, xenophobia and related intolerance
3. Education and awareness raising measures
76bis The World Conference urges States to commit financial resources to anti-racism
education and to media campaigns promoting the values of acceptance, tolerance,
diversity, and respect for the cultures of all Indigenous Peoples living within
their national borders. In particular, States should promote an accurate understanding
of the histories and cultures of Indigenous Peoples.
New 36. Urge the United Nations, other appropriate international and regional
organizations and States to redress the marginalization of Africa’s contribution
to world history and civilization by developing and implementing a specific
and comprehensive programme of research, education and mass communication to
widely disseminate a balanced and objective presentation of Africa’s seminal
and valuable contribution to humanity; ADOPTED at 2nd Prep Com
3bis1 (merged). The World Conference encourages all States and relevant international
organizations to initiate and develop cultural and educational programmes aimed
at countering racism, racial discrimination, xenophobia and related intolerance
and enhancing mutual understanding amongst various cultures and civilizations.
It further urges States to initiate public information campaigns to promote
respect for the values of diversity, pluralism, tolerance, mutual respect, cultural
sensitivity, integration and inclusiveness.
(Merger of 3bis1 and 3bis2)
7bis1 (merged). The World Conference calls upon States to ensure that education
and training, especially teacher training, promote respect for human rights,
the culture of peace, gender equality, cultural, religious and other diversity,
and encourage educational and training institutions and organizations to adopt
policies of equal opportunities and follow-up their implementation with the
participation of teachers, parents, boys and girls and the community. It further
urges all educators, including teachers in all post-secondary education processes,
religious bodies and the print and electronic media, to play an effective role
in education against racism, racial discrimination, xenophobia and related intolerance.
(Merger of 7bis1 and 11bis)
15. The World Conference urges States to intensify their efforts in the field
of education to promote the awareness/consciousness of the evils of racism,
racial discrimination, xenophobia and related intolerance,/in order to understand
the causes and sources and denounce their perverse effects in order to ensure
the respect for the dignity and worth of all human beings. In this context,
States should develop, where appropriate, and implement specific sensitisation
and training programmes, formulated in local languages for all categories of
society, in particular young people, to combat racism.
13. [The World Conference calls upon States to commit themselves to undertaking
public information campaigns or other more long-term initiatives, inter alia
through the media, to alert their societies to the dangers of racism, racial
discrimination, xenophobia, [anti-Semitism], Islamophobia and racist practices
of Zionism and related intolerance, and to support initiatives of non-governmental
organizations in this respect. Such campaigns or initiatives need to be addressed
to the whole of society, in particular young people, including children. The
World Conference also calls upon States to undertake and facilitate activities
aimed at educating young people in human rights and democratic citizenship and
instilling values of solidarity, respect and appreciation of diversity. A special
effort to inform and sensitise young people to respect minorities and democratic
values should be undertaken or developed to fight against ideologies based on
so-called racial superiority.]
7bis5 (reformulated) The World Conference further urges States to adopt and
implement laws that prohibit discrimination on the basis of race, colour, descent
or national or ethnic origin at all levels of education; remove barriers and
ensure equal access to quality education that maximizes opportunities for employment
in today's job markets; establish and implement methods to measure and track
improvement in disadvantaged youth education performance; support effort to
ensure safe school environment free from violence and free of harassment on
the basis of race, colour, descent or national or ethnic origin; and establish
financial assistance programs designed to enable students regardless of race,
colour, descent or ethnic or national origin to attend institutions of higher
education.
16bis The World Conference urges Governments to support and implement public
formal and non-formal education programmes designed to promote cultural diversity,
self-esteem building and teaching in the mother tongue for national/ethnic minorities
and indigenous peoples.
Access to education without discrimination
12bis Additionally, concerning education in general, the World Conference appeals
to all States to fight against any form of separate schooling based on national
or ethnic origin, colour, descent, or religion and to ensure equal access to
education for all in law and in practice.
New 112 (merged) The World Conference urges States to commit themselves to ensuring
access to education, including access to free primary education for all children
within their territory, based on respect for human rights, diversity and tolerance,
without discrimination of any kind and in accordance with international standards.
(Merger of New 12 and New 75)
Introduction and reinforcement of human rights education
New 76. The World Conference urges States to encourage all schools to consider
including in their educational curricula an annual day against racism, racial
discrimination, xenophobia and related intolerance, and activities throughout
the school year to raise the awareness of these issues;
New 113. The World Conference urges states to adopt and implement all necessary
legislative, administrative and other measures to promote correct reflection
and perception on the past and contemporary history of colonialism, slavery,
racism and racial discrimination, inter alia, among their new generations through
the faithful education and other appropriate means with a view to preventing
the recurrence of such wrong doings.
7. In this regard, it is important introduce, and, as applicable to reinforce
an/the anti-discrimination and anti-racism components /into human rights programmes
in school curricula, to develop relevant educational material and to ensure
that all teachers are effectively trained and adequately motivated to shape
attitudes and behavioural patterns etc./of the school curricula and to improve
educational materials on human rights and anti-racism, in order to shape attitudes
and behavioural patterns based on the principles of non-discrimination, mutual
respect and tolerance.
7bis (merged) The World Conference urges States to harness the power of education
and adopt, as appropriate, training programmes and develop educational materials
aimed at combating racism, racial discrimination, xenophobia and related intolerance,
and in this context it calls upon States to give priority to textbook and curriculum
review and amendment so as to eliminate any elements that might promote racism,
racial discrimination, xenophobia and related intolerance or reinforce negative
stereotypes, and to include material that refutes such stereotypes. It also
urges them to provide the mainstream education with an accurate presentation
of the history of the State, highlighting the contributions of the individuals
and groups from different cultures and civilizations of the region and the world,
including the role that indigenous people, people of African descent, Roma,
migrants and other ethnic, racial, cultural, religious and linguistic groups
and minorities have played in building national identities.
(Merger of 7bis and 16.)
68 Greater emphasis should be placed on teaching the history of national, racial.
Linguistic, cultural, religious and ethnic minorities [and of the history of
neighbouring countries] with the aim to achieve mutual respect and understanding
for each others culture, religion or history/as well as of their advantage to
the whole civil society.
12. The World Conference calls upon strongly recommends to participating States
to introduce, or encourage the introduction of, or reinforce, human rights education,
including promoting anti-racism, with a view to combating prejudices which lead
to racial discrimination and to promoting understanding, tolerance and friendship
between difference racial or ethnic groups in school curricula and in institutions
of higher education and to support public formal and non-formal education programmes
designed to promote cultural diversity and self-esteem of vulnerable groups.
Training of professional groups in public administration and in administration of justice
6bis a) (merged) The World Conference requests States, wherever appropriate
through cooperation with inter-governmental organizations, national institutions,
non-governmental organizations and the private sector, to organize and facilitate
training courses or seminars about international norms prohibiting racial discrimination
and their applicability in domestic law, as well as on the application of international
human rights standards such as obligations under the International Convention
on the Elimination of All Forms of Racial Discrimination, the Convention on
the Elimination of All Forms of Discrimination against Women and the Convention
on the Rights of the Child, for prosecutors, members of the judiciary and other
public officials. It calls upon States to provide wide-ranging education for
their law enforcement officials, in particular members of the police force,
in combating stereotypes that provoke violence on their part, particularly against
people of African descent [and recognize that the successful completion of such
training programmes be made one of the criteria for promotion is essential for
effective policing]
(Merger of 6bis a), 9 and New 107)
8. Urges States to pay specific attention to the negative impact of racism,
racial discrimination, xenophobia and related intolerance on the administration
of justice and fair trial and to conduct nationwide campaigns, amongst other
measures, to raise awareness among State organs and public officials concerning
their obligations under the International Convention on the Elimination of All
Forms of Racial Discrimination and other relevant instruments. ADOPTED at 2nd
Prep Com
9bis The World Conference also urges States to develop anti-racist and gender-sensitive
human rights training for personnel in the administration of justice, law enforcement
agencies, security and health-care services schools and migration authorities,
paying particular attention to immigration officials, border police and staff
of migrant detention centres, as well as for UN personnel.
57 (merged) The World Conference urges countries receiving migrants to strengthen
the human rights training and awareness-raising activities designed for immigration
officials, border police and staff of migrant detention centres, local authorities,
other civil servants in charge of enforcing laws, as well as teachers, with
particular attention to the human rights of migrants, in order to prevent racial
conflicts and avoid situations where prejudices lead to decisions based on racism,
racial discrimination, xenophobia or related intolerance.
(Merger of 57, new 63)
54bis6 The World Conference urges States to provide or strengthen training for
law enforcement, immigration and other relevant officials in the prevention
of trafficking in persons. The training should focus on methods used in preventing
such trafficking, prosecuting the traffickers and protecting the rights of victims,
including protecting the victims from the traffickers. The training should also
take into account the need to consider human rights and child - and gender-sensitive
issues and it should encourage co-operation with non-governmental organizations,
other relevant organizations and other elements of civil society.
4. Information, communication and the media including new technologies
New 42 (merged) The World Conference urges States to give impetus to the development
by the media, including the press and the communications and advertising media,
taking into account their independence, through their relevant associations
and organizations at national, regional and international levels, of a voluntary
ethical code of conduct and self-regulatory measures, in order to:
a) combat discrimination on such grounds as race, national or ethnic origin
and religion and do away with stereotypes,
b)ensure the fair and balanced presence of people of African descent, as well
as ensuring that this diversity is reflected among their members,
prohibit/ combat the proliferation of ideas of racial superiority, justification of racial hatred and discrimination in any form and promoting respect and tolerance among all peoples and human beings, for example through assistance in public awareness-raising campaigns.
[It furthermore considers that advertisers should also refuse to carry advertising
messages that portray cultural, religious or ethnic difference in a negative
manner, including by reinforcing sexist or other negative stereotypes and prejudices].
(Merger of New 42, 26 and 28)
22. The World Conference calls upon States to encourage Internet service providers
to establish and disseminate specific voluntary codes of conduct and self-regulatory
measures against the dissemination of racist messages and those that promote
racial discrimination, xenophobia or any form of intolerance and discrimination.
22bis1 In this context, Governments are encouraged to set up a national consultation
body which might act as a permanent monitoring centre, mediating body and partner
in the preparation of codes of conduct.
20. The World Conference draws the attention of States to the need to coordinate
a prompt international response to the rapidly evolving phenomenon of the dissemination
of hate speech and racist material on the Internet. In this respect, it calls
for international judicial cooperation to be strengthened and rapid intervention
mechanisms to be agreed.
22bis The World Conference calls upon all States to criminalize dissemination
through the Internet of racist messages and those that promote racial discrimination,
xenophobia or any form of intolerance and discrimination.
20bis The World Conference urges States to apply all relevant human rights instruments
to which they are parties, in particular the ICERD, to racism in the Internet.
21. The World Conference urges States to adopt and apply to the extent possible
existing legislation for prosecuting those responsible for imminent incitement
to racial hatred/violence on the Internet and their accomplices, taking fully
into account existing international and regional standards on freedom of expression,
while taking all necessary measures to guarantee the right to freedom of opinion
and expression. It further recommends the training of law enforcement authorities
in addressing the problem of dissemination of racist material through the Internet.
23. [The World Conference expresses concern at the material progression of racism,
including contemporary forms and manifestations of racism such as the use of
the internet to disseminate ideas of racial superiority. The Conference takes
note of /welcomes the positive contribution the Internet can bring in is bringing
to combating racism through rapid and wide-reaching communication. In awareness
that the international use and access of the Internet is lined by social, cultural
and political boundaries the World Conference call upon States to enable all
people to access and use the Internet as a an international and equal forum.
It calls upon States to examine ways in which this contribution can be enhanced
the Internet can be used systematically, for example through the creation of
a specific site, to provide information about good practices for combating racism,
racial discrimination, xenophobia, anti-Semitism and related intolerance and
racist practices of Zionism. It also draws attention to the potential to increase
the use of the Internet to create educational and awareness-raising networks
against racism and intolerance, both in and out of school as well as its ability
to promote universal respect for and value of cultural diversity.
New 121. The World Conference requests States to take necessary measures to
denounce, actively discourage and prohibit the transmission of racist and xenophobic
messages through all communications media, including new communications technologies
such as the Internet;
25.The World Conference urges States to prevent, by all appropriate means to
encourage the media to avoid/discourage, stereotyping of any ethnic, racial,
national, cultural and linguistic group based on race, colour, descent, religion,
language, culture, national or ethnic origin and to encourage objective and
balanced portrayals of people, events and history, especially in the media,
recognizing the profound influence that such portrayals have on societal perception
of individuals and groups whose members are frequently victims of affected by
or vulnerable to racism, racial discrimination, xenophobia and related intolerance,
and to make punishable by law in accordance with relevant international human
rights law, incitement to racial hatred.
27.The World Conference urges the media to recognize the value of cultural diversity
and to take concrete measures to ensure that marginalized communities have access
to the media through, inter alia, the presentation of programmes that reflect
the cultures and languages of minority communities, [and to ensure that promote
representation of members of groups which are victims of/individuals and groups
affected by or vulnerable to racism, racial discrimination, xenophobia and related
intolerance are adequately represented at all levels of their organizational
structure.]/and encourages the media to facilitate members of targeted groups
to be adequately represented.
B. International level
93bis. Urge all actors on the international scene to build an international
order based on inclusion, justice and equity, mutual understanding and respect
and to reject outdated doctrines of exclusion based on racism, racial discrimination,
xenophobia and related intolerance.
93bis1. Encourage States, regional and international organisations, including
financial institutions, as well as civil society to develop a mechanism to address
those aspects of globalisation which may lead to racism, racial discrimination,
xenophobia and related intolerance.
New 168a. Strongly urge States to take effective international measures to guarantee
the implementation of human rights standards and the elimination of all forms
of racism, racial discrimination, xenophobia, Apartheid and related intolerance
in respect of peoples under colonial or other forms of alien domination or foreign
occupation, particularly those under an occupation based on racist, ethnic and
settler ideology, in accordance with the rules of international law, international
humanitarian law and the international conventions in relation to the elimination
of all forms of racism and racial discrimination, xenophobia, Apartheid and
related intolerance, as they constitute a crime against humanity.
18 a) [The World Conference urges that:
The capacity of the early warning and urgent procedures mechanisms of the Committee on the Elimination of Racial Discrimination should be strengthened so that it can act immediately under article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination with regard to any mass media appeals and any other incitement to racial discrimination and violence leading to genocide.
18bis The World Conference recommends that the United Nations Department of
Peacekeeping Operations and other concerned United Nations agencies, bodies
and programmes, strengthen their coordination to discern patterns of serious
violations of human rights and humanitarian law with a view to assessing the
risk of further deterioration that could lead to genocide, war crimes or crimes
against humanity.
New 39. The World Conference requests the World Health Organization to promote
activities for the recognition of the race/ethnic group/gender variant as a
significant variable in health matters and to prepare specific projects for
prevention, diagnosis and treatment among people of African descent;
IV. PROVISION OF EFFECTIVE REMEDIES, RECOURSE, REDRESS, [COMPENSATORY] AND OTHER MEASURES AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS
Legal Assistance
New 48. Urges State to take all necessary measures to address, as a matter of
urgency, the pressing requirement for justice for the victims of racism, racial
discrimination, xenophobia and related intolerance and to ensure that victims
have full access to information, support, effective protection and national,
administrative and judicial remedies, as well as legal assistance, including
the right to seek and receive just and adequate reparation or satisfaction for
material and moral damage.
New 49. Urges States to provide victims of racial discrimination with /facilitate
access to all appropriate methods of justice and legal assistance in a manner
adapted to their specific needs and vulnerability, including exemption from
fees, simplification of procedures, legal representation and establishment as
appropriate of special adapted jurisdictions to deal with such cases.
84bis The World Conference urges States to ensure the protection against victimisation
of complainants and witnesses to discrimination and to ensure that persons belonging
to targeted groups who have been victims of gender-related crimes, such as rape
and other forms of sexual and domestic violence, forced prostitution and trafficking
for the purpose of sexual exploitation, are granted adequate legal protection
and support. It further encourages States to consider measures such as making
legal assistance, including legal aid available to complainants when seeking
a legal remedy and, if possible, affording the possibility for non-governmental
organisations to support complainants of racism, with their consent, in legal
procedures;
National Legislation and Programmes
81. The World Conference affirms that the establishment of more effective measures
against racial discrimination should include recognition of the need for a package
of preventive and deterrent measures. Cultural change to be achieved through
educational programmes must be in the forefront of preventive measures but deterrent
measures are equally essential, for example and where appropriate: (a) adoption
of a law legal framework/laws against racial discrimination [and its incorporation
into national legislation]; such a law could be modelled on United Nations publication
HR/PUB/96/2; (b) extension of legislative measures prohibiting racial discrimination
in all areas of the public and private sectors, including employment, training,
education, housing, provision of goods and services, immigration policy, the
administration of justice, and law and order; (c) enactment of legislation providing
for adequate civil compensation of victims of racial discrimination. [Provision
should be made for rehabilitation of the perpetrators and victims of/acts of
racism by means of truth commissions, apologies, and the establishment of victims’
compensation and reparation funds, as appropriate.]
81bis For the purposes of effectively combating racism and racial discrimination,
xenophobia and related intolerance in the civil, political, economic, social
and cultural fields, the World Conference recommends all Member States that
the national legislative framework in criminal, civil and administrative law
should expressly and specifically prohibit discrimination on grounds of actual
or presumed racial, ethnic or national origin, religion and belief and provide
effective judicial and other remedies or redress, including through the designation
of national, independent, specialised bodies. Such legislation should embrace
concepts of direct or indirect discrimination. It should cover such areas as
employment, education, housing, health care, social protection and social security,
social benefits, access to supply of goods and services and to public places
as well as access to citizenship. This legislation should clearly cover the
functions of public bodies and authorities such as law enforcement personnel,
judges, prosecutors other components in the criminal justice system, local authority
enforcement powers health and safety bodies, child protection, detention under
mental health legislation and tax collection as well as the private sector;
82. States are urged, with regard to the procedural remedies provided for in
their domestic law, to bear in mind the following considerations: (a) access
to such remedies should be as wide as possible; (b) the existing procedural
remedies must be made known in the context of the relevant action, and victims
of racial discrimination should be helped to avail themselves of them in accordance
with the particular case; (c) complaints of racial discrimination must be settled
as rapidly as possible, a reasonable time-limit being set for the relevant inquiries;
(d)[ indigent persons who are victims of racial discrimination should receive
free legal assistance and aid where appropriate in the complaint proceedings
and, where necessary, provided with the help of an interpreter in civil and
criminal cases;] (e) States should be urged to create national bodies competent
to investigate allegations of racial discrimination; (f) steps should be taken
towards the enactment of legislation to penalize discriminatory practices on
grounds of race or ethnic origin and provide for adequate compensation of the
victims; (g) access to legal remedies should be facilitated for victims of discrimination
[and the legal capacity of non-governmental institutions or organizations to
intervene on their behalf should be recognized by means of legislative reforms];
programmes to enable the most vulnerable groups to have access to the legal
system should be prepared; (h) States should consider establishing new structures
of reviewing traditional systems of conflict resolution and mediation; (i) States
should be encouraged to develop restorative justice policies and programmes
that are respectful of the rights and needs of victims, offenders, communities
and any other parties; (j) increased efforts should be undertaken to inform
the public of the existence of the complaints mechanism under Article 14 of
the ICERD.
New 117. The World Conference urges States to ensure African peoples, in particular
African descendant women and children have access to education and new technologies
that offers them places at their disposal, adequate resources for education
and technological development and long distance learning in local communities.
We further urge States to ensure that the history and contribution of African
peoples be fully and accurately incorporated into the education curriculum at
all levels.
Remedies, Reparations, Compensation
New 46. Request States which practised and benefited from the Trans-Atlantic
slave trade and the system of enslavement of Africans to initiate a constructive
dialogue with people of African descent in order to identify and implement measures
for ethical and moral satisfaction and any others that may be agreed;
82bis The World Conference urges Member States to reinforce the protection against
racism, racial discrimination, xenophobia and related intolerance by ensuring
that all persons have access to effective and adequate remedies and enjoy the
right to seek from competent national tribunals and other national institutions
just and adequate reparation and satisfaction for any damage as result of such
discrimination. It further underlines the importance of access to the law and
to the courts for complainants of racism and racial discrimination and draws
attention to the need for judicial and other remedies to be made widely known,
easily accessible, expeditious and not unduly complicated.
83bis (merged) States shall assure to everyone within their jurisdiction effective
protection and remedies, through competent national tribunals and other state
institutions, against acts of racial discrimination which violate his or her
human rights and fundamental freedoms contrary to the International Convention
on the Elimination of All Forms of Racial Discrimination and other international
human rights instruments, as well as the right to seek from such tribunals just
and adequate reparation or satisfaction for any damage suffered as a result
of such discrimination.
(Merger of 83bis and New 162)
New 163 merged The World Conference urges States to adopt the necessary measures,
as provided by national law, to ensure the rights of victims to prompt, effective
judicial and other appropriate remedies, adequate and fair reparation and compensation,
to address acts of racism, racial discrimination, xenophobia and related intolerance,
and effective measures designed to prevent the resurgence of such acts..
(Merger of New 163 and part 1 of 88)
New 156 merged The World Conference urges States to acknowledge that the centuries
long slave trade, enslavement and other forms of servitude of Africans, people
of African descent and indigenous peoples have resulted in substantial and lasting
economic, political and cultural damage to these peoples and in the retardation
of their institutions and societies, and that justice now requires that to alleviate
the inequalities that still persist because of these shameful legacies, substantial
national and international efforts be made. On a collective basis, such reparation
should be in the form of enhanced policies, programmes and measures to be adopted
by the States which benefited materially from these practices in order to rectify,
inter alia, through affirmative action, the economic, cultural and political
damage which has been inflicted on the affected communities and peoples in full
implementation of their right to development.
(Merger of New 156, New 165, 88 bis and New 31)
New 166 merged Urges those States whose people, organizations and governments
were involved in and profited materially from slavery, the slave trade, other
forms of servitude and colonialism to make a genuine effort to repair some of
this damage by financing and implementing the following measures:
(a) The setting up of an international compensation scheme for victims of the
slave trade and any other transnational racist policies and acts aimed at fulfilling
the right to compensation, and of a development reparation fund financed also
by those private sectors which had benefited directly or indirectly from transnational
racist policies and acts to provide resources for the development process in
countries affected by colonialism.
(b) The improvement of the access to international markets of products from
countries affected by the phenomenon of slavery, servitude and colonization,
including the development and implementation of special and differential treatment
in respect of the length of the adjustment periods in bilateral and multilateral
trade agreements that would establish a more equitable and supportive international
trade environment for States that are substantially populated by people of African
descent and indigenous peoples;
(c) The creation and implementation of a programme to restore the country of
origin the many invaluable art objects, historical artifacts and documents that
have been unjustly removed from Africa and the Americas and from peoples of
Africa descent and indigenous peoples over the centuries and the provision of
financial and technical assistance to equip the relevant States with museums
and related facilities that will be required to properly conserve and store
the same;
(d) The creation and implementation of an Education Fund for inter alia, the
provision of an international scholarship programme in which a substantial number
of scholarships will be made available to people of African descent and indigenous
peoples in a wide range of disciplines at universities and other tertiary level
institutions throughout the developed world and the Americas;
(e) A systematic programme of reform of the structures of the major multilateral
organizations in order to accord the States in the Americas that are substantially
populated by people of African descent and indigenous peoples a greater and
more equitable stake in the decision making process of those organizations;
(Merger of New 166, 88bis2, and part 2 of 88)
New 161. Strongly urge States which pursued policies or practices based on racial
or national superiority, such as colonial or other forms of alien domination
or foreign occupation, slavery, the slave trade and ethnic cleansing, to assume
their full responsibility therefor and provide prompt, adequate and fair reparation
and compensation to those States, communities and individuals who were victims
of such policies or practices, regardless of when they were committed;
V. STRATEGIES TO ACHIEVE FULL AND EFFECTIVE EQUALITY, INCLUDING INTERNATIONAL COOPERATION AND ENHANCEMENT OF THE UNITED NATIONS AND OTHER INTERNATIONAL MECHANISMS IN COMBATING RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE AND FOLLOW-UP
New 95 (merged) We call upon/urge States to apply diligently all commitments
undertaken by them in the Declarations and Plans of Action of the regional conferences
at which they participated, and to formulate national human rights strategies
and plans in compliance with the objectives set forth therein, and as provided
for in other relevant instruments and decisions; and further request that, in
cases where such national human rights strategies and plans already exist, they
incorporate in them the agreements arising from the regional conferences.
(Merger of New 3 and New 95)
New 31. Urge States to take measures to alleviate inequalities that still persist
because of the shameful legacy of slavery;
New 88 (merged) Urge States that have not yet done so to consider acceding,
as a matter of urgency, and without reservations, to the 1949 Geneva Conventions
and their two Additional Protocols of 1977, as well as to other treaties of
international humanitarian law and to enact, with the highest priority, appropriate
legislation, taking the measures required to give full effect to their obligations
under international humanitarian law, in particular in relation to the rules
prohibiting discrimination;
(Merger of New 88, New 87 and 1dbis)
New 89. The World Conference urges States in the region to develop cooperation
programmes to promote equal opportunities for the benefit of indigenous peoples,
people of African descent, migrants and other victims of racism, and encourages
to propose the creation of multilateral cooperation programmes with the same
objective;
New 92. The World Conference invites States to include the subject of the struggle
against racism, racial discrimination, xenophobia and related intolerance in
the work programmes of the regional integration agencies and of the regional
cross-boundary dialogue forums;
New 96. Urge the international community to take cognisance of the very real
difficulties that peoples of different racial and ethnic backgrounds inevitably
experience in seeking to live together and to develop genuine harmonious multiracial
societies. Also urge them to recognize that the art and technology of developing
multiracial and multicultural societies and the positive example of successful
multiracial societies such as some of those in the Caribbean need to be systematically
studied, and therefore request the United Nations to consider establishing an
international centre for multiracial and multicultural studies and policy development
to undertake this critical work;
3c)bis (merged) The World Conference urges States to create conditions and to
take action for the promotion and protection of the ethnic, cultural, linguistic
and religious identity of persons belonging to national minorities where such
minorities exist. Furthermore it urges them to work in partnership at the national,
regional and international levels to develop appropriate policy tools that facilitate
the development of legislation, policies and programmes that take into account
ethnic, racial, linguistic, religious and cultural diversity. (Merger of 3c)
bis and 3d)
58bis. The World Conference also urges States to take or strengthen measures,
including through bilateral or multilateral co-operation, to address the root-causes
such as poverty, underdevelopment and lack of equal opportunity, some of which
may be associated with discriminatory practices, which make persons, especially
women and children, vulnerable to trafficking which may give rise to racism,
racial discrimination, xenophobia and related intolerance; ADOPTED at 2nd Prep
Com
54bis3 The World Conference encourages Governments (States) in co-operation
with non-governmental organizations, to undertake campaigns aimed at clarifying
opportunities, limitations and rights in the event of migration so as to enable
women to make informed decisions and to prevent them from becoming victims of
trafficking.
International Legal Framework
First part of 103 [The World Conference also reminds Governments of their with
obligations under the International Covenant on Economic, Social and Cultural
Rights to promote economic, social and cultural rights through international
cooperation and development.]
New 99. Urge States to continue cooperating with the Committee on the Elimination
of Racial Discrimination and other human rights treaty monitoring bodies in
order to promote the effective implementation of these instruments and compliance
with the recommendations adopted by these bodies concerning complaints of racism,
racial discrimination, xenophobia and related intolerance, by means of an effective,
constructive and transparent dialogue;
18. (e) [The resources of the Committee on the Elimination of Racial Discrimination
should be increased to enable it to] to discharge its mandate effectively /act
effectively in investigating fully any allegations of genocide or direct or
public incitement to commit genocide brought to its knowledge by Member States,
an international organization or a non-governmental organization, and to enable
it to cooperate with early-warning and any good offices functions of the United
Nations.]
38. (merged) [Recommends that human rights treaty bodies, in particular the
Committee on the Elimination of Racial Discrimination, the Committee on the
Elimination of All Forms of Discrimination against Women and the Committee on
the Rights of the Child when examining periodic reports of States [parties],
pay special attention to gender issues equality and gender-based discrimination,
particularly the multiple [jeopardy] that occurs may be faced by women when
gender, class, socio-economic status, race and ethnicity and other barriers
intersect. Furthermore, given the increasing feminisation of migration, these
treaty bodies should pay special attention to this area when examining periodic
reports of States parties that are countries of origin and/or destination. (Merger
of 38 and first part of New 146)
New 54. Request States to participate in an ongoing regional dialogue on problems
of migration and call on them to negotiate bilateral and regional agreements
on migrant workers, and to promote contacts with States of other regions to
protect the rights of migrants from the Americas;
b)bis Calls on Governments to ensure that adequate resources are provided by
the United Nations to support the effective functioning of these mechanisms,
and that reports to them are timely, concise and focused.
General International Instruments
70bis The World Conference recommends that the international community elaborate
an international instrument of a binding character that preserves and promotes
the cultural diversity of states.
70. [The World Conference recommends that the United Nations elaborate an international
instrument of a binding character defining the rights and obligations of persons
belonging to minorities.]
Regional/International Cooperation
94bis1 The World Conference invites the Inter-Parliamentary Union to contribute
to the activities of the International Year of Mobilization against Racism,
Racial Discrimination, Xenophobia and Related Intolerance by encouraging in
national parliaments to review progress on the objectives of the World Conference.
56bis The World Conference urges States to support or otherwise establish regional,
comprehensive dialogues on migration that focus not only on law enforcement
and border control, but also on the promotion and protection of the human rights
of migrants and on the relationship between migration and development. The World
Conference calls upon States to involve civil society in these dialogues.
New 60. Call upon international organizations having areas dealing specifically
with migration issues to exchange information and coordinate their activities
on matters involving discrimination and xenophobia against migrants, with the
support of the Office of the United Nations High Commissioner for Human Rights;
63bis Expressing its deep concern over the severity of humanitarian sufferings
of affected civilian population, the World Conference requests the relevant
international institutions to continue rendering urgent financial and humanitarian
assistance to populations expelled from their homes and calls for enabling the
refugees and internally displaced persons to return to their homes voluntarily,
in safety and dignity.
New 169. [Calls upon all relevant UN organs to endeavour to bring the foreign
occupation of Jerusalem by Israel together with all its racist practices to
an end, and to ensure the recognition of Jerusalem as a city of reverence and
religious sanctity for the three major religions of the world which should serve
as a focal point of historical and cultural inspiration, a symbol of civilization
and religious dialogue and an epitome of tolerance and equality].
New 170. [Urges all States to refrain from taking any measure leading to the
recognition of Jerusalem as the capital of Israel or of any measures aimed at
altering its geographic, demographic and institutional characteristics in violation
of the norms of international humanitarian law and relevant repeated UN resolutions].
New 171. [Calls upon the international community to assume its responsibilities
to provide the international protection for the Palestinian people under occupation
against any acts of racism, racial discrimination and denial of fundamental
human rights including the right to life, liberty and self-determination].
54bis2 The World Conference encourages Governments (States) to conclude bilateral,
sub-regional, regional and international agreements to address the problem of
trafficking in women and children, in particular girls.
[The World Conference encourages/urges all States to develop bilateral and cross-border multilateral and regional cooperation to eliminate trafficking in persons and smuggling of migrants.]
The World Conference calls upon States, as appropriate, to promote:
(a) Effective legal and judicial cooperation at the regional and international levels in combating acts of racism, [anti-Semitism], racial discrimination, and xenophobia and related intolerance to prevent the perpetrators of racist and xenophobic these acts from benefiting from the fact that offences are treated differently in various States;
(b) Exchanges at the regional and international levels among national independent specialized bodies and other relevant independent bodies with a mandate to that includes monitoring racism and racial discrimination;
(c) Exchanges at the regional and international levels among educational authorities and others involved in developing curricula incorporating anti-racist and intercultural education;
(d) The building of networks for monitoring and information sharing, including an inventory of foundations, organizations and networks fighting racism.
92bis (merged) The World Conference urges States to support the activities of
regional bodies/centres, which combat racism, racial discrimination, xenophobia
and related intolerance where they exist in their region, and recommends their
establishment in all regions. These bodies/centres may undertake the following
activities amongst others: monitor the situation of racism, racial discrimination,
xenophobia and related intolerance and of groups which are victims thereof or
vulnerable thereto and minorities, identify trends and issues/problems, disseminate
and exchange information and build network to these ends, highlight examples
of good practice, organize awareness raising campaigns, develop proposals/solutions,
where possible and appropriate, through joint efforts by/by co-ordinating with
the United Nations, regional organizations, and Member States, [ undertake research
and training studies, compile statistics, maintain databases and develop qualitative
and quantitative indicators to measure regional progress in the struggle against
racism] ;
(Merger of 92 and 92bis)
New 172. Urge international organizations, within their mandates, to contribute
to the fight against racism, racial discrimination, xenophobia and related intolerance.
New 151 (merged) The World Conference encourages/invites/urges/requests international
financial institutions, including the World Bank, regional financial institutions
and banks, development institutions and the operational programmes and agencies
of the United Nations, in accordance with their mandates, regular budgets and
procedures of their governing bodies, to:
(Merger of New 151, first part of 103, New 90 and New 91)
Assign higher priority and provide more funding to projects in favor of Africans and people of African descent, indigenous peoples, migrants and other ethnic, racial, cultural, religious and linguistic groups or minorities, in order to combat manifestations of racism, racial discrimination, xenophobia and related intolerance and to include such vulnerable groups at the stage of their development and implementation of projects concerning them,
Further integrate human rights principles and norms into their policies and programmes, (first part 103, page 84)
Include in their regular reporting to their boards of governors information on their contributions to promoting the participation of people of African descent, indigenous peoples and other marginalized groups within their organizations, and information on their efforts to facilitate the participation of racial, ethnic, religious, cultural and other minorities in the economic, social, political and cultural life of their countries, (New 90, page 84)
Examine how their policies and practices affect racial, ethnic, linguistic, cultural and religious minorities, and indigenous peoples, and to ensure that these policies and practices contribute to the eradication of racism, racial discrimination, xenophobia and related intolerance. (New 91, page 85)
108. [The World Conference recommends:
(a) The establishment of a follow-up mechanism observatory headed by the Chairperson of the World Conference, composed of five eminent persons from the different regions, appointed by the Secretary-General after due consultation with all regions. This mechanism will function in consultation with the High Commissioner for Human Rights, the Committee on the Elimination of Racial Discrimination and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. This mechanism would be entrusted with the supervision of the implementation of the Declaration and Programme of Action to be adopted by the World Conference and to submit an annual report to the United Nations General Assembly;
(b) The establishment of an international mechanism observatory to monitor racially
discriminatory attitudes and acts, individual or collective, private or public,
including by non-State actors, charged with the following tasks:
The compilation of information about racial acts and their development;
The creation of a Web site by a coalition of non-governmental organizations working in the field of combating racism, in collaboration with the Office of the High Commissioner for Human Rights, to receive and disseminate such information to the widest possible extent;
The provision of legal and administrative support and advice to victims of racial acts;
The preparation of an annual report on its activities to be submitted to the Secretary-General;]
New 173. Recommend that high-level international meetings be held successively
in each region of the world on the Dialogue among Civilizations.
Office of the High Commissioner for Human Rights
17. To increase the level of awareness about the scourge of racism, racial discrimination,
xenophobia and related intolerance, the World Conference calls for the continuation
and expansion of the goodwill ambassadors programme initiated by the High Commissioner
for Human Rights. It urges that goodwill ambassadors be designated in all countries
of the world to spearhead a culture of tolerance, respect and human rights.
It also calls for a special campaign to publicize and promote the work of the
UN treaty bodies, including the Committee on the Elimination of Racial Discrimination
and the Committee on the Elimination of Discrimination against Women.
35bis The Office of the High Commissioner Human Rights is invited, in cooperation
with the United Nations Educational, Scientific and Cultural Organization, concerned
specialized and regional organizations, national institutions and non-governmental
organizations active in the field of promotion and protection of human rights,
to undertake periodic consultations and to encourage research activities aimed
at collecting, maintaining and adapting the technical, scientific, educational
and information materials produced by all cultures around the world to fight
racism.
106. (merged) [The World Conference invites the United Nations Secretary-General
and the High Commissioner for Human Rights to submit to the General Assembly
at its forthcoming session an action plan to increase resources and activities
of the Committee on the Elimination of Racial Discrimination and for the establishment,
within the Office of the High Commissioner for Human Rights, of a unit devoted
to the promotion of equality and non-discrimination/of a fourth branch to foster
activities to combat racism, racial discrimination, xenophobia and related intolerance
and to promote the rights of indigenous people, people of African descent, migrants
and other ethnic, racial, cultural, religious and linguistic groups or minorities.]
(Merger of 106 and New 103)
New 59. Request the Office of the United Nations High Commissioner for Human
Rights to pay special attention to violations of the human rights of migrants,
to promote international cooperation in combating xenophobia and, to this end,
develop programmes which can be applied in the countries on the basis of appropriate
cooperation agreements;
New 86. Invite States to request the Office of the United Nations High Commissioner
for Human Rights to develop and fund specific technical cooperation projects
aimed at combating racism, racial discrimination, xenophobia and related intolerance,
and, if necessary, to assist them in seeking additional resources for carrying
out projects of this type;
102. The World Conference:
(a) [Requests/Invites the Commission on Human Rights to include in the mandates of all its/appropriate special procedures a request to report on problems relating to racism, racial discrimination, xenophobia and related intolerance;]
(b) Calls upon Governments to cooperate with the appropriate special procedures of the Commission on Human Rights and other mechanisms of the United Nations in matters pertaining to racism, racial discrimination, xenophobia and related intolerance, in particular with the Special Rapporteurs and independent experts on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, religious intolerance, freedom of opinion and expression, human rights of migrants, violence against women and children, extreme poverty, and the Special Representative of the Secretary-General on the situation of human rights defenders, and with the Working Groups of the Sub-Commission on the Promotion and Protection of Human Rights on Indigenous Populations, Minorities and Contemporary Forms of Slavery.
New 101. (merged) Recommend that the Commission on Human Rights should prepare
complementary international standards to strengthen and update international
legislation against racism, racial discrimination, xenophobia and related intolerance,
including by drawing up an international code of ethics for communications media,
especially the Internet, that includes specific measures to combat the unlawful
dissemination of information that is racist, discriminatory, xenophobic or relating
to intolerance; (Merger of New 101 and New 80)
104. (merged) [The World Conference recommends that the Office of the United
Nations High Commissioner for Human Rights organize a database that can be consulted
via the Internet containing information on the struggle against practical means
to address racism, racial discrimination, xenophobia and related intolerance,
particularly in relation to international and regional instruments and national
legislation in particular on legal means to combat racism in private relationships;
remedies available through international mechanisms to victims of racial discrimination,
as well as national remedies; educational and preventive programmes implemented
in various countries and regions; opportunities for technical cooperation; and
academic studies and specialized documents, and arrange for it to be made as
accessible as possible to those in authority and the public at large, through
its website and by other appropriate means.] (Merger of New 104 and 108 c)
105. The United Nations should prepare and publicize a systematic collection
of national antidiscrimination legislation, in particular with a view to informing
those in authority and the public at large of legal means to combat racial discrimination
in private relationships, including any available legal and other remedies.
Decades
New 102. Urge States to adopt the corresponding decisions within the United
Nations for the purpose of changing the pattern of financing the activities
of the Third Decade to combat Racism and Racial Discrimination so that they
can be covered under the regular budget of the United Nations.
9. The World Conference requests States to include the struggle against racism,
racial discrimination, xenophobia and related intolerance among the activities
to be undertaken within the framework of the United Nations Decade for Human
Rights Education.
New 72. The World Conference recommends that the General Assembly declare a
United Nations Year or Decade against Trafficking in Persons, especially in
Women and Children.
94bis Urge States to promote the implementation of the Declaration and Programme
of Action on a Culture of Peace and the objectives of the International Decade
for a Culture of Peace and Non-Violence for the Children of the World to begin
in 2001.
Indigenous Peoples
79. The World Conference recommends the convening of an international conference
on indigenous people at the end of the International Decade of the World’s
Indigenous People (1995-2004). Seminar of experts for Latin America and Caribbean,
Santiago (POASecr) /The World Conference urges States to convene an international
conference on the right to self-determination, the ownership of land and its
natural resources at the end of the International Decade of the World’s
Indigenous People.
80. (merged) The World Conference requests States to support the prompt establishment
and future work of the Permanent Forum on Indigenous Issues and to provide adequate
funding for the establishment of an operational framework and a firm basis for
the future development of the Permanent Forum on Indigenous Issues within the
United Nations system. (Merger of first part of 80 and New 16)
Last part of 80 The World Conference urges the U.N. to ensure that the position
of Special Rapporteur on Indigenous Peoples is provided all necessary human
and technical resources needed to fulfil its responsibilities and urges all
states to cooperate with the work of the Special Rapporteur.
New 15. (merged) The World Conference calls upon States to conclude negotiations and approve as soon as possible the text of the United Nations Declaration on the Rights of Indigenous Peoples, under discussion by the Working Group, in accordance with Commission on Human Rights resolution 1995/32;
(Merger of New 15 and first part of 78)
Last part of 78. (merged) The draft O.A.S. Inter-American Declaration on the
Rights of Indigenous Peoples should also be pursued and adopted with the full
participation of indigenous peoples and non-governmental human rights organizations,
and should not contain standards less protective than those contained in the
United Nations Declaration.
(Merger of New 17 and last part of 78)
New 123. Urge States, [ to consider] in light of the relationship between racism,
racial discrimination, xenophobia and related intolerance and poverty, marginality
and social exclusion of peoples and individuals at both the national and international
level, to enhance their policies and measures to reduce income and wealth inequalities
and to take appropriate steps individually and through international cooperation
[ including through the provision of additional resources required] to promote
and protect economic, social and cultural rights on a non-discriminatory basis.
ADOPTED by 2nd Prep Com
77bis2 The World Conference urges States and financial and development institutions
to mitigate the negative effects of globalisation by examining how their policies
and practices affect indigenous peoples by ensuring that their policies and
practices contribute to the eradication of racism through the participation
of indigenous peoples in development projects in accordance with the principle
of informed consent; by democratising international financial institutions;
by developing enforceable codes of conduct for transnational corporations; and
by consulting with indigenous peoples in any matter that may affect their physical,
spiritual or cultural integrity.
New 18. Invite financial and development institutions and the operational programmes
and specialized agencies of the United Nations, in accordance with their regular
budgets and the procedures of their governing bodies:
(a) To assign greater priority and allocate more funding, within their areas of competence, to the improvement of the status of indigenous peoples, with special attention to the needs of these populations in developing countries, including, inter alia, the preparation of specific programmes of Invite financial and development institutions and the operational programmes and action with a view to achieving the objectives of the International Decade of the World’s Indigenous People;
To carry out special projects, through appropriate channels and in collaboration
with indigenous peoples, to support their initiatives at the community level
and to facilitate the exchange of information and technical know-how between
indigenous peoples and experts in these areas;
Civil Societies
34.(merged) Calls upon States to strengthen cooperation and regularly consult
with non-governmental organizations and other actors in civil society, harnessing
their experience and expertise in developing governmental legislation, policies
and other initiatives, as well as involving them more closely in the elaboration
and implementation of policies and programmes designed to combat racism and
discrimination; (Merger of 34, 34bis1 and first part of 36bis)
36bis1 (merged) The World Conference urges leaders from the faith community
to confront the moral evil of racism, through, inter alia, promotion and sponsoring
of new dialogue and partnerships to bring about racial healing and harmony,
and invites the faith community to participate in promoting economic and community
revitalization and encourages faith leaders to foster greater cooperation and
contact between diverse racial groups. (36bis1 last part and 37 bis)
45bis The World Conference urges States to establish and strengthen effective
partnerships with and provide support, as appropriate, to all relevant actors
of civil society, including non-governmental organizations working to promote
gender equality and advancement of women, particularly women subject to multiple
discrimination to promote an integrated and holistic approach to the elimination
of all forms of discrimination against women and girls.
NGOs
37bis 1(merged) States should ensure that non-governmental organizations are
enabled to function freely and openly within their societies and thereby make
an effective contribution to the elimination of racism, and racial discrimination,
xenophobia and related intolerance throughout the world and promote a wider
role for grass roots organizations consisting of citizen volunteers. (Merger
of second part of 37 and 37bis1)
36bis The World Conference calls upon Governments to explore means to expand
the role of non-governmental organizations in society. Non-governmental organizations,
consisting of voluntary associations, citizen’s groups, places of worship,
and other community groups, play a vital role in deepening the ties of cooperation
among citizens and promoting greater trust across racial and class divides.
By promoting wider citizen involvement and more voluntary cooperation, civic
associations generate important social capital, including greater social cohesion
and racial harmony and more durable democratic values.
Private Sector
New 111. To draft codes of conduct for enterprises and transnationals to prevent,
address and eradicate racism, racial discrimination, xenophobia and related
intolerance.
Youth
34bis (merged) Urges States to encourage the full and active participation as
well as involving more closely youth in the elaboration, planning and implementation
of activities to fight racism, racial discrimination, xenophobia and related
intolerance, and furthermore calls upon States, in partnership with non-governmental
organizations, civil society and the private sector, to facilitate an both national
and international youth dialogue on racism, racial discrimination, xenophobia
and related intolerance, through the World Youth Forum of the United Nations
system and through the use of new technologies, exchanges and other means. (Merger
of 34bis and 35)
Source:UNO