UNEDITED, NOT FINAL VERSION
DRAFT PROGRAMME OF ACTION FOR EQUALITY ANDNON-
XENOPHOBIA AND RELATED INTOLERANCE
Proposals made by the Groupof 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 Programmeof Action for the World Conference against Racism, Racial Discrimination,Xenophobia and Related Intolerance. These proposals are submitted in accordancewith the mandate of the group as stipulated in Decision PC.2/3 adopted by theSecond Session of the Preparatory Committee on 1 June 2001. This document alsoincludes the paragraphs that were adopted by the Preparatory Committee on 1June 2001.
I. SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF RACISM, RACIALDISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
31. The World Conference urges States in their national efforts, and incooperation with other States, regional and international organizations andfinancial institutions, to promote the use of public and private investment [inconsultation 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 andexclusion/indigenous peoples, people of African descent, migrants and otherethnic, 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 theState in the context of armed conflicts has been used as a tool of systematicforms of discrimination, abuse and genocide, and when used againstnon-combatant populations on the basis of race or ethnicity can/constitutes aserious violation of international law, international humanitarian law, and agross violation of human rights, and that the intersection of race and gendermakes women and girls particularly vulnerable to this type of violence that isoften related to racism, racial discrimination, xenophobia and relatedintolerance;
Ensure that perpetrators of sexual violence in armed conflicts and that personsin 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 ofracism, racial discrimination, xenophobia and related intolerance, and thatAfricans and peoples of African descent, peoples of Asian descent andindigenous peoples and have been and continue to be victims of theirconsequences, and urges States and the international community to adoptappropriate remedial measures in order to halt and reverse the consequentmarginalization, poverty, under-development and socio-economic exclusion stillaffecting many such peoples in many parts of the world, in particular in developingcountries.] ONGOING 2nd PrepCom
[New 157bis. The World Conference recognizes that foreign occupation,especially when grave breaches of the 4th Geneva Convention of 1949 arecommitted, is among the forms and sources of racial and discriminatory practices,and urges the international community to take effective measures to protectpeoples under foreign occupation from such practices.] ONGOING 2nd PrepCom
New 47. Urge States that participate in or permit contemporary forms ofslavery-like practices to take all necessary and appropriate measures to endthem and to initiate constructive dialogue and implement measures with a viewto correcting the problem and the damage resulting from them;
II. VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATEDINTOLERANCE
Sub-title: Victims: General
New 19. Urge States to take special measures to protect, in particular, personsand groups vulnerable to, affected by, or victims of racism, racialdiscrimination, xenophobia and related intolerance who are also subject toother/multiple forms of discrimination [ on account of their gender, age,national origin, sexual orientation, social or economic status, physical ormental disability, state of health, religious belief or any other conditionliable to give rise to discrimination or economic status, physical or mentaldisability, state of health, religious belief or any other condition liable togive rise to discrimination. ONGOING 2nd Prep Com
New 19 Alt. Urges States to give special attention to the elaboration ofstrategies, policies and programmes for persons subject to multiplediscrimination which combines racism and racial discrimination, xenophobia andrelated intolerance with other forms of discrimination. ONGOING 2nd Prep Com
1e)bis1 The World Conference against Racism, Racial Discrimination, Xenophobiaand Related Intolerance calls upon Governments and States:
To ensure that our commitment to addressing past, present and futuremanifestations of racism, racial discrimination, xenophobia and relatedintolerance, vulnerable groups include, but are not limited to those whoexperience racism, racial discrimination, xenophobia and related intolerancebecause of race, lineage, colour, religion, culture, language or national orethnic origin, aggravated by reasons of age, gender, sexual orientation,disability or socio-economic status and should allow for the inclusion of newgroups who can become victims of racism, racial discrimination, xenophobia andrelated intolerance.
New 23. Urges States to work [ nationally and] in cooperation with other Statesand relevant regional and international organizations and programmes tostrengthen national mechanisms to promote and protect the human rights of [persons affected by, vulnerable to, or] victims of racism, racialdiscrimination, xenophobia and related intolerance who are infected, orpresumably infected, with pandemics such as HIV/AIDS and to take concretemeasures, including preventive action, appropriate access to medication andtreatment, programmes of education, training and mass media dissemination toeliminate violence, stigmatisation, discrimination, unemployment and othernegative 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 Africandescent in all political, economic, social and cultural aspects of society andin the advancement and economic development of their countries, and to promotea greater knowledge of and respect for their heritage and culture. ADOPTED at2nd Prep Com
New 33. Request the Commission on Human Rights to positively considerconcentrating additional investments in health care systems, education, publichealth, electricity, drinking water and environmental control as well as otheraffirmative action initiatives in communities of primarily African descent.
ONGOING 2nd Prep Com
New 34. Call upon the United Nations, financial institutions and otherappropriate international mechanisms to develop programmes intended for peopleof 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 ofa working group or other mechanism in the United Nations to study the problemsof racial discrimination faced by people of African descent living in theAfrican Diaspora, and make proposals for the elimination of racialdiscrimination against people of African descent. ADOPTED at 2nd Prep Com
[ New 37. Encourages/invites/urges financial and development institutions andthe operational programmes and specialized agencies of the United Nations, inaccordance with their regular budgets and the procedures of their governingbodies, to:
Assign greater priority, and consider allocating more funding, within theirareas of competence and budgets, to improving the situation of Africans andpeople of African descent, while devoting special attention to the needs ofthese populations in developing countries, including, inter alia, thepreparation of specific programmes of action;
Carry out special projects, through appropriate channels and in collaborationwith Africans and people of African descent, to support their initiatives atthe community level and to facilitate the exchange of information and technicalknow-how between these populations and experts in these areas;
Develop programmes intended for people of African descent around the world concentratingadditional investments in health care systems, education, public health,electricity, drinking water and environmental control, as well as otheraffirmative action initiatives.] ONGOING 2nd PrepCom
New 38. merged) Requests States to increase public actions and policiesin favour of women and young males of African descent, given that racismaffects them more deeply, placing them in a more marginalized and disadvantagedsituation.
(Merger of New 38 and New 43)
New 117. The World Conference urges States to ensure African peoples, inparticular African descendant women and children have access to education andnew technologies that offers them places at their disposal, adequate resourcesfor education and technological development and long distance learning in localcommunities. We further urge States to ensure that the history and contributionof African peoples be fully and accurately incorporated into the educationcurriculum at all levels.
New 40. Encourage the public sector of States to identify the factors whichprevent the access to and promotion of people of African descent in the publicservice 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 ofAfrican descent at all levels of hierarchy;
New 41. Call upon States to take specific steps to ensure full and effectiveaccess to the administration of justice of all citizens, particularly those ofAfrican descent;
New 44. Urge States to find a solution to problems of ownership in respect ofland inhabited since ancestral times by people of African descent according totheir respective domestic legal framework, and to take steps to promote thecomprehensive development of the people of African descent who occupy thatland;
Sub-title: Indigenous
76 merged). The World Conference urges/requests States to:
officially recognise the identity and rights of indigenous peoples1 within theframework 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 wellas guaranteeing them the exercise of their human rights and fundamentalfreedoms, on the basis of equality, non-discrimination and full and freeparticipation in all areas of society, in particular in matters affecting orconcerning 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 increasetheir economic activities and level of employment through the establishment,acquisition or expansion of enterprises owned by indigenous peoples, andmeasures such as training, technical assistance and credit facilities;
New 13. Urge States to work with indigenous peoples so as to establish andimplement programmes that provide access to training and services that couldbenefit the development of their communities;
New 14 merged) The World Conference requests States to adopt public policiesand give impetus to programmes on behalf of indigenous women and girls, with aview to promoting their civil, political, economic, social and cultural rights;to putting an end to their situation of disadvantage for reasons of gender andrace; to dealing with urgent problems affecting them, in education, health,economy and in the matter of violence against women, including domesticviolence; and to eliminating/ending the situation of aggravated discriminationsuffered by indigenous women and girls on multiple grounds of racism and genderdiscrimination.
(Merger of New 14 and 42bis1.)
76bis2 The World Conference urges States to officially recognize the concept ofpeoples as subjects of law and guarantee indigenous peoples’ full and free participationin all aspects of society, in particular at national, regional andinternational forums dealing with their interests.
77bis The World Conference recommends that States examine, in conformity with existinginternational standards, their constitutions, laws, legal systems, and policiesto identify and eradicate both explicit and inherent racism towards IndigenousPeoples and individuals. Such racist laws and policies include, by way ofillustration: the doctrines of discovery and terra nullius; prohibitionsagainst the collective indigenous ownership of land; the doctrine thatindigenous lands can be taken without due process of law or adequatecompensation; doctrines which provide for the unilateral extinguishment ofindigenous land rights and title; the presumption that Indigenous Peoples donot own subsoil resources under their lands; doctrines that allow concessionsof indigenous resources without indigenous consultation or consent; the denialof legal protection for indigenous religions and sacred sites and areas; denialof religious freedom for indigenous prisoners; and discriminatory land claimprocesses.
77bis1 The World Conference strongly recommends that States renounce laws andpolicies that deny or limit indigenous land and resource rights, includingrights to subsoil resources, and affirmatively recognize Indigenous Peoples asthe rightful managers of their land and resources. States should, inconsultation with Indigenous Peoples, initiate programs to demarcate andprotect indigenous territories.
80bis The World Conference urges States to acknowledge and renounce theirdiscriminatory legal doctrines and attitudes concerning treaties betweenindigenous nations and States and to take corrective actions related to theabrogation of treaty rights and the recognition of the status of such treaties.Furthermore, the World Conference should urge the implementation of therecommendations contained in the United Nations Study on Treaties, Agreements,and Other Arrangements.
80bis1 The World Conference calls upon States and member nations to honour andrespect treaties with Indigenous Peoples as international agreements and toaccord them recognition, observance and enforcement according to their originalspirit and intent. Conflicts and disputes which cannot otherwise be settledshould be submitted to competent international bodies like the United NationsPermanent Forum for Indigenous Peoples.
80bis2 The World Conference calls upon states to give full and appropriateconsideration to the recommendations produced by indigenous peoples in theirown forums on the WCAR.
Sub-title: Migrants
New 50. Request all States to condemn any proposal that would lead to ageneralized rejection of migrants and actively to discourage all racistdemonstrations that generate negative feelings of rejection against migrants.
New 51. Urge non-governmental organizations and civil society to includemonitoring and protection of the human rights of migrants within their programmesand activities and to make efforts to sensitize Governments and public opinionabout the need to prevent and punish unlawful acts based on racism, racialdiscrimination, xenophobia and related intolerance.
New 53 merged) Requests States to fully and effectively promote and protect thehuman rights and fundamental freedoms of all migrants, as reflected in theUniversal Declaration of Human Rights and the international human rightsinstruments to which they are parties, regardless of their immigration status,and in particular those of women, children and detainees, and to treat themwith humanity and to give them legal protection and, where appropriate,material assistance including health care, as well as access to other socialand economic rights, bearing in mind a gender perspective. They should alsofurnish information and education on the rights of migrants and adopt andpromote integration policies.
(Merger of New 53, New 56, 54bis8 and New 131.)
13bis Encourages States to engage in information campaigns to ensure that thepublic receives accurate information regarding migration issues, including thecontribution of migrants to the host society and the vulnerability of migrantsin an irregular situation.
New 133 (last part) . It further underlines that family reunification has apositive effect on integration and calls upon states to facilitate familyreunion, with due regard to the need for an independent status on the part offamily members.
New143 The World Conference underlines that family reunification has a positiveeffect on integration and calls upon States to facilitate family reunion, withdue 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 andmigrants access to basic economic and social rights.
New145 The World Conference recommends that States take concrete measures toavoid discriminatory practices with respect to vocational training, the type ofposts that migrants may occupy, the type of contracts accorded to migrantworkers, the right to seek employment in any part of the country, regulationsgoverning working conditions, trade-union activity and access to judicial andadministrative 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 preventivemeasures, to foster greater harmony and tolerance between migrant workers andhost societies with the aim of eliminating the growing manifestations ofracism, racial discrimination, xenophobia and related intolerance, includingacts of violence, perpetrated in many societies by individuals or groups anddirected towards migrant workers and their families, persons of migrant originand 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 freeof discrimination against migrants so that they are compatible with theirobligations under international human rights instruments, including excessiveuse 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 andnon-nationals in integration programmes and encourage respect for culturaldiversity, to promote their fair treatment and to facilitate where appropriatetheir integration into social, cultural, political and economic life, and topromote 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/fairand equitable treatment of migrants and refugees/non-nationals regardless oftheir status, including asylum seekers and refugees, as well as members ofminority groups detained by public authorities. Specifically, these detaineesshould receive effective legal assistance and, where appropriate, theassistance of a competent interpreter. This should happen at all stages oftheir detention, particularly during interrogation; (3 (g))
to ensure that police and immigration authorities respect the standardsregarding dignified and non-discriminatory treatment of migrants, among otheraspects, through specialized training courses for administrators, policeofficers, immigration officials and other interested groups; (second part ofnew 52, last phrase is covered by a))
to consider the question of the recognition of the professional and technicalwork of migrants, with a view to recognizing their contribution in their newcountries of residence; (new 61)
to take measures to ensure that migrant workers and members of their familiesenjoy all human rights, particularly those related to fair remuneration,pensions, access to education, social services and protection of cultureirrespective of their race, colour, descent, ethnic origin, gender, religion orpolitical affiliation,; (95bis1)
to consider adopting and implementing immigration policies and programmes thatwould enable immigrant women and children who are victims of spousal ordomestic violence to free themselves from abusive relationships. Thesespolicies could, for example, allow abused immigrant women to file forimmigration relief without their abuser's knowledge and give them the abilityto 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, Statesare urged to place special focus on gender issues and gender discrimination,particularly the multiple barriers faced by women when gender, socio-economicclass, race and ethnicity intersect. Detailed research should be undertaken notonly in respect of human rights violations perpetrated against women migrants,but also on the contribution that women make to the economies of their countriesof origin and destination/host countries, in particular when reporting toTreaty Bodies.
(Merger of 55bis and New 146)
Sub-Title: Refugees
3g)bis (merged) The World Conference urges States to comply with theirobligations, 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. Theyshould also fulfil their humanitarian obligations/take seriously theirhumanitarian obligations/commitments regarding the protection and assistanceneeds of refugees and internally displaced persons, without discriminationbetween/among the different regions of the world, in keeping with theprinciples of international solidarity, the principles of internationalprotection and international cooperation to share responsibilities,burden-sharing/responsibility sharing and the resettlement of refugees in theircountries.
(Merger of 3 g)bis, 63 and New 136 b) and c))
64. The World Conference urges States to recognize the different barriers thatrefugees and immigrants face as they endeavour to participate in the economic,social, political and cultural life of their countries and encourages States todevelop strategies to facilitate inter alia the long-term integration of thesepersons into their new countries of residence and the full enjoyment by them oftheir human rights in consultation with the UNHCR and other organizations asappropriate.
65. The World Conference urges States, in collaboration with the UNHCR andother relevant organizations as appropriate to take effective steps to protectinternally displaced or refugee women and girls from violence and toinvestigate any such violations and bring those responsible to justice.
New 141 (merged) We call for all measures relating to asylum-seekers andrefugees to be fully in accordance with the 1951 Convention relating to theStatus of Refugees and the 1967 Protocol relating to the Status of Refugees,and urge all States to grant asylum-seekers, refugees and internally displacedpersons access to economic, social and cultural rights in accordance withinternational human rights obligations.
(Merger of New 141 and New 152)
64bis [Urges Israel to revise its legislation based on racial or religiousdiscrimination such as the law of return and all the policies of the occupyingpower which prevent the Palestinian refugees and displaced persons fromreturning 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 thatevery child, woman and man is all individuals are registered and issuedwith/has access to appropriate national [legal identity] documents to reducethe incidence of statelessness and trafficking. [This preventive measurewould], in order to protect individuals and gain them access to available legalprocedures and remedies and development opportunities.]/ The World Conferenceurges States to ensure that all persons have the necessary documentation and/orregistration to enable them to access available legal procedures, remedies anddevelopment opportunities.
61. States should encourage the business sector, in particular the touristindustry and Internet providers, [to develop codes of conduct with a view toprotecting trafficked persons, with a view to prevent trafficking in personsand 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 independentcivil society committees to monitor compliance with such codes ofconduct/educate themselves on the global phenomenon of trafficking in migrants,and on the protection needs of trafficked persons, so as the avoid the risk ofunwittingly participating in illegal activities].
54bis4 (merged) The World Conference urges States to devise, enforce andstrengthen effective measures at the national, regional and internationallevels to prevent, combat and eliminate all forms of trafficking in women andchildren, in particular girls, through comprehensive anti-traffickingstrategies which include legislative measures, prevention campaigns andinformation exchange. It also urges States to allocate resources, asappropriate, to provide comprehensive programs designed to provide assistance,protection for, healing, reintegration and rehabilitation into society ofvictims, including through job training, legal assistance and health care, andby taking measures to cooperate with non-governmental organisations to providefor the social, medical and psychological care of victims, and to prosecuteoffenders involved, including intermediaries.
(Merger of 54bis4, New 148 and 59bis.)
75 (merged) The World Conference calls upon States to ensure that Romachildren and youth, in particular girls, are provided equal access to qualityeducation as formulated in the recommendations of the High Commissioner onNational Minorities for Security and Cooperation in Europe entitled Report onthe Situation of Roma and Sinti in the OSCE Area, 2000, and by the SpecialistGroups on Roma/Gypsies of the Council of Europe, by developing dedicatedpolicies and programmes with the input of parents and schools. These mightinclude opportunities to learn the official language in pre-school, recruitmentof Roma teachers and classroom assistants and opportunities to learn in theirmother tongue as guaranteed by article 4, paragraph 3, of the Declaration onthe Rights of Persons Belonging to National or Ethnic, Religious and LinguisticMinorities of 1992. It also urges Governments to take concrete measures andsupport the full development of Roma children's and youth's positiveself-esteem, the deconstruction of their internalised stigma and the Romaidentity awareness, by establishing identity assertive education institutions,promoting Rromani as teaching language and ethnic assertion education programsin 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 payparticular attention, adopt immediate and concrete measures, develop effectivepolicies and implementation mechanisms and exchange good practices to eradicatethe widespread discrimination and persecution targeting Roma, Gypsies, Sintiand/ Travellers, and for their full achievement of equality, including throughthe establishment of structures and processes, in partnership and moreconstructive cooperation between the public authorities and representatives/leaders of these groups/ Roma, Gypsies, Sinti and Travellers in order to ensurethe proper enjoyment of all human rights by these groups, so that their needscan be identified and met.
(Merger of 71, 72, and 3(i))
71bis (merged) The World Conference calls upon States to promote and implementlegal provisions and public policies ensuring Roma communities’ institutionaldevelopment, their equal enjoyment of economic, social, cultural, civil andpolitical rights, their equal access to development resources and their fullparticipation to decision-making process in central and local public administration,as recommended by CERD’s General Recommendation XXVII ‘Discrimination againstRoma’. It also encourages them to provide the ‘Roma nomadic groups orTravellers’ with ‘places for encampment for their caravans with all possiblefacilities’.
(Merger of 71bis and 73bis.)
75bis2 The World Conference recommends that the intergovernmental organizationsaddress, in their projects of cooperation and assistance to different Stateparties, 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 publicabout 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, Sintiand Travellers, including by designing and implementing efficient public policiesand programmes on intercultural education.]
74bis The World Conference calls upon Governments to encourage awareness amongprofessionals of all media of the particular responsibility to not disseminateprejudices and to avoid reporting incidents involving individual members ofRoma communities in a way which blames such communities as a whole (CERDGeneral Recommendation XXVII "Discrimination against Roma, article 37) andto encourage and facilitate Romas access to media, newspapers, television andradio programmes and the establishment of their own media, as well as theformation and training of Roma journalists (CERD General Recommendation XXVII"Discrimination against Roma, article 39).
New 159. The World Conference urges States [in accordance with theirobligations] to ensure that persons belonging to [racial] national or ethnic,religious and linguistic minorities can exercise fully and effectively allhuman rights and fundamental freedoms without any discrimination and in fullequality before the law and also urges States and the international communityto promote and protect the rights of such persons, including through thefacilitation of their participation in all aspects of the political, economic,social, religious and cultural life of society and in the economic progress anddevelopment of the country. [In the exercise of their rights and freedoms allpersons, including such minorities shall respect the legislation of the Statethey reside in and respect the rights of others]. ADOPTED at 2nd Prep Com
69bis Governments should guarantee the right of persons belonging to nationalor ethnic, religious and linguistic minorities, in community with other membersof their group, to enjoy their own culture, to profess and practice their ownreligion, or to use their own language, in private and in public, freely andwithout interference or any form of discrimination.
69 (first part). Governments should create favourable conditions and takemeasures to/that will enable persons belonging to racial, cultural, linguistic,religious, national or ethnic minorities within their jurisdiction to expresstheir identity characteristics freely and to develop their education, culture,language, traditions and customs and to participate on a non-discriminatory andequitable basis effectively in the cultural, social, economic and politicallife of the country in which they live in a manner which ensures that genderequality 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 principlesand norms of international law. Such concepts may constitute practical ways topreserve and promote the ethnic, cultural, linguistic and religious identity ofa national minority within the State of its residence. In maintaining theirculture and traditions, these persons should be in a position to develop thenecessary contacts inside and outside of the state of their residence/theircountry with due respect for the sovereignty and territorial integrity of thelatter, the principle of non-interference by one State in the internal affairsof 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 ofaction against racism, racial discrimination, xenophobia and relatedintolerance and to consider the burden of such discrimination that particularlyfalls on [ generic description] indigenous women, African women, Asian women,women of African descent, women of Asian descent, women migrants and women fromother disadvantaged groups, ensuring their access to the resources ofproduction on an equal footing with men, as means of promoting theirparticipation 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 genderperspective in policies and action to combat racism and/with a view toempowering women in the society belonging to vulnerable groups to claim respectfor 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-makingat all levels when working towards the eradication of such discrimination, andto develop concrete measures to incorporate race/gender analysis in theimplementation of all aspects of the Programme of Action and national plans ofaction, particularly in the fields of employment programmes and services andresource allocation. (ADOPTED at 2nd Prep Com )
New 126. Examine the intersection of multiple forms of discrimination includingtheir root causes form a gender perspective with special emphasise on genderbased racial discrimination in order to develop and implement strategies,polices and programmes aimed at elimination of all forms of discriminationagainst women.
29bis The World Conference urges governments to perform gender analysis on allpoverty eradication measures, including those designed to benefit ethnicallydisadvantaged groups.
39. The World Conference underlines the importance of empowering women andgirls belonging to targeted groups, of promoting and protecting the humanrights of all women and girls, to demand respect for their rights in allspheres of public and private life and of ensuring the full, equal andeffective participation of women in decision-making at all levels, inparticular play an active role in the design and implementation and evaluationof 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 lawapplicable to the rights and protection of women and girls;
recognise that sexual violence committed by or with the acquiescence of theState in the context of armed conflict has been used as a tool of systematicforms of discrimination, abuse and genocide, and when used againstnon-combatant population on the basis of race or ethnicity can/constitute aserious violation of international law, international humanitarian law, and agross violation of human rights, and that the intersection of race and gendermakes women and girls particularly vulnerable to this type of violence that isoften related to racism, racial discrimination, xenophobia and related intolerance;
end impunity and prosecute those responsible for genocide, crimes againsthumanity and war crimes, including those related to sexual and othergender-based violence against women and girls, as well as that persons inauthority who tolerate, aid, abet and consent to the use of sexual andgender-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 ofracism, racial discrimination, xenophobia and related intolerance when designingpolicies, strategies and programmes for children, [ in particular, girls andchildren living in especially difficult circumstances, situations ofexploitation or in need of special protection, inter alia: (a) abandoned ordisplaced children; (b) children who live or work in the street; (c)bis childlabourers (d) child victims of trafficking and economic exploitation; e)sexually exploited and abused children; (f) children affected by armedconflict; and (g) child victims of poverty/children orphaned by AIDS; (h)children separated from their parents/families, migrant children, childrenbelonging to ethnic minorities, asylum-seekers and refugees. ONGOING 2nd PrepCom
46. The World Conference requests States and as well as internationalorganizations to provide protection against acts of racism, racialdiscrimination, xenophobia and related intolerance against children,particularly those who find themselves in circumstances of particularvulnerability.
44bis1 The World Conference urges States to guarantee immediate birthregistration of each child in order to ensure all children protection of theirhuman rights without discrimination, especially their economic, social andcultural rights.
New 73 (merged) We urge States, non-governmental organizations and the privatesector to consider the situation of persons with physical and mentaldisabilities as one of the vulnerable groups of the population and victims ofdiscrimination at the systematic, cultural and individual levels, even more sowhen they come from disadvantaged groups. We also urge States to legislate inorder to have specific measures to ensure their access to regular services suchas health services, adapted housing, public accommodations, transportation,communication, recreation, voting and equal opportunity with regard to equalemployment, education and other basic public services. We further urge Statesto take steps in order to redress their economic situation, the consequence ofthe discriminatory attitude in job integration and to consider the adoption ofclear, strong, consistent and enforceable standards addressing discriminationagainst them. (Merger of 73, 50bis & 50bis1.)
III. MEASURES OF PREVENTION, EDUCATION AND PROTECTION AIMED AT THEERADICATION OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATEDINTOLERANCE AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS
New 115 (merged) Urges States to adopt and implement effective measures, inaddition to anti-discrimination legislation and mechanisms, which encouragetheir citizens to take a stand against racism, prejudice and intolerance, andto capitalize on the racial, cultural, social and religious diversity of theirnation in working together to build a harmonious and productive future, byputting into practice and promoting values and principles such as justice,equality and non-discrimination, fairness and friendship, tolerance and respectwithin and between communities, in particular through public information,education and training programmes to raise awareness and understanding of thebenefits of cultural diversity, including programmes where government works inpartnership 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 andexperiences of [ indigenous populations peoples, people of African descent,people of minority descent, migrants, refugees, asylum-seekers and otherethnic, racial, cultural, religious and linguistic groups or minorities] ,/individuals and groups affected by or vulnerable to racism, racialdiscrimination, xenophobia and related intolerance, and also request that theyexpand their efforts to foster bilateral, regional and internationalcooperation in implementing those programmes.
New 158. Urge those States in which the political and legal systems that do notreflect the multi-racial, multi-ethnic, multi-lingual and multi-culturalrealities of their societies to review such systems in consultation with therepresentatives of the affected groups, with a view to improving democraticinstitutions so that they are more fully participatory and avoidmarginalisation, exclusion and discrimination of specific sectors of society,including indigenous peoples, people of African descent, migrants and othervictims of racism.
New 79. Request that the World Conference call for the development of effectivelegislative, policy and programme measures at the national, regional andinternational levels, that will contribute to the elimination of propagandathat promotes racism, racial discrimination, xenophobia and relatedintolerance.
44bis The World Conference requests States to take necessary measure to addressthrough policies and programmes, racism and racially motivated violence againstwomen and girls and to increase co-operation, policy responses, effectiveimplementation of national legislation and other protective and preventivemeasures aimed at the elimination of all forms of violence against women andgirls.
A. National level
Legislative, judicial, regulatory, administrative and other measures toprevent and protect against racism and related discrimination
3 a) (part of) To establish and implement/apply without delay nationalpolicies 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 possibleefforts to reassert their commitment to eradicating racism, racialdiscrimination, xenophobia and related intolerance in order to improve humanwell-being, promote more inclusive and participatory societies, and eradicatepoverty. All these objectives require both the effort of governments and thecollective commitment and efforts of the international community
New 2. The World Conference recognizes that the success of this Plan of Actionwill require political will, adequate funding at the national, regional andinternational levels, including, in some circumstances, new and additionalresources particularly for developing countries.
New 6 (merged) The World Conference urges States to reaffirm their democraticcommitment and take the necessary legislative and judicial measures inaccordance with their obligations under the regional and international humanrights instruments, and to adopt and implement strictly stringent laws whichcondemn and actively discourage/to prohibit and prosecute, and outlaw all formsof propaganda, publicity, organizations, associations, political parties orgroups 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 insuch 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 thedissolution of organizations promoting racism, racial discrimination,xenophobia, anti-Semitism, Islamophobia, other forms of religiousdiscrimination, Negrophobia, anti-Black racism, anti-Roma racism,discrimination against indigenous peoples, anti-Asian racism, anti-Arabdiscrimination, [homophobia] and related intolerance and prosecute thosemembers breaching the law and to [consider the possibility of declaring]/[outlaw] the membership in organizations promoting racism, racialdiscrimination, xenophobia, anti-Semitism and related intolerance a criminaloffence.
86 (merged) The World Conference urges States to design or reinforce, promoteand implement effective legislative and administrative policies, as well asother preventive measures against the serious situation experienced by certaingroups of workers, including migrant workers, persons of migrant origin andforeign workers who are vulnerable to racism, racial discrimination, xenophobiaand related intolerance, including persons involved in prostitution and otherswho may be exploited or victims of illegal trafficking. Special attentionshould be given to protecting foreign domestic workers from discrimination andviolence, as well as combating prejudice against them.(Merger of 86 and New132)
New 136 a) The World Conference calls upon States to comply with theirobligations under applicable international human rights instruments anddomestic human rights and labour laws in protecting the rights of migrants andtheir families.
1 (a) The World Conference urges States [ To adopt and implement, or strengthenwherever necessary, national legislation and administrative measures thatexpressly and specifically counter racism and prohibit racial discrimination,whether direct or indirect, in all spheres of public life in conformity withthe provisions of the International Convention on the Elimination of All Formsof Racial Discrimination without making limiting reservations and reviewexisting measures with a view to amending or rebuilding national legislationand administrative provisions that may give rise to discrimination;
1a)bis2 (merged) The World Conference urges States to assess and reviewlegislation and administrative measures to ensure their ongoing efficacy, andto amend, rescind or nullify, as required, laws and regulations which create,perpetuate or contribute to racism, racial discrimination, xenophobia andrelated 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 endangertheir lives or lead to various kinds of servitude and exploitation, such asdebt bondage, slavery and sexual or labour exploitation. It also encouragesStates to create, as appropriate, inter-ministerial task forces or nationalfocal points to combat trafficking in persons, to allocate resources to ensurelaw enforcement and the creation of adequate judicial institutions to deal withsuch cases, and to reinforce bilateral, regional and internationalco-operation, including with non-governmental organizations that assist victimsto 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 individualsand groups who are affected by, vulnerable to, or victims of racism, racialdiscrimination, xenophobia and related intolerance, and review existingmeasures with a view to amending or repealing national legislation andadministrative provisions that may give rise to such forms of discrimination;ADOPTED at 2nd PrepCom
New118. The World Conference encourages States, as preventive measures, toestablish mechanisms for examining and reviewing the conformity of draftlegislation with principles of non-discrimination on the basis of race, ethnicor national origin, religion or belief, especially in relation to potentiallydiscriminatory effects, including all forms of multiple discrimination, onpersons belonging to targeted groups. The World Conference emphasises thatindividuals belonging to targeted groups should be invited and encouraged toparticipate in the design and development of preventive policies and measures.
1b)bis To ensure that the conduct of trials and the imposition of sentences donot discriminate on grounds relating to racism. In particular, countries wherethe death penalty is still imposed should investigate any disproportionateimpact of such penalty on racial groups and declare a moratorium on executionspending such investigations.
2bis The World Conference urges States to take the necessary measures to ensurethat no person will be expelled, extradited or returned to another State wherethere are substantial grounds for believing that he or she would be in dangerof being subjected to torture or persecution on account of his or her [ race,religion, nationality, membership of a particular social group or politicalopinion] racial, ethnic, cultural, religious, linguistic, or national origin [or political affiliation] ;
6bis d) (merger) The World Conference urges States, non-governmentalorganizations and the private sector to compile and publish statistics onpolice brutality incidents and complaints on a regular basis to determinewhether criminal justice policies or programmes have an unjustified disparateimpact on racial and ethnic minorities, with a view to identifying and eliminatingthese practices. These statistics should include the race, ethnicity and genderof 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 enforcementagencies in designing, implementing and enforcing effective policies andprogrammes to prevent, detect, and ensure accountability for incidents ofpolice misconduct motivated by race or ethnic origin, to prosecute such policemisconduct and to eliminate «racial profiling» by law enforcement officials orthe use of race or ethnicity as a sole basis for determining if an individualis 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 useof scientific and technological progress in genetic research to promote racism,racial discrimination, xenophobia and related intolerance, to protect theindividual privacy of the information contained in the human genetic code;
6bis The World Conference urges States, non-governmental organisations and theprivate sector to:
(e) Create and implement policies that promote a high quality anddiverse police force free from discrimination on the basis of race. Activelyrecruit all groups, including minorities, into public employment, including thepolice force and other agencies within the criminal justice system, (such asprosecutors).
(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 oftolerance and respect;
Addressing bias before it manifests itself in violent criminal activity;
Establishing working groups consisting of, inter alia, local community leadersand national and local law enforcement officials, to improve coordination,community involvement, training, education and data collection, with the aim ofpreventing such violent criminal activity;
Ensuring that civil rights laws that prohibit violent criminal activity arestrongly enforced;
Enhancing data collection regarding violence motivated by race, colour, descentor national or ethnic origin;
Providing appropriate assistance to victims, and public education to preventfuture incidents of violence motivated by race, colour, descent or national orethnic origin.
Ratification of and effective implementation of relevant internationaland regional legal instruments on human rights and non-discrimination
New 98 (merger) The World Conference urges States that have not yet done so toconsider ratifying or acceding to the international human rights instrumentswhich combat racism, racial discrimination, xenophobia and related intolerance,in particular to accede to the International Convention on the Elimination ofAll Forms of Racial Discrimination as a matter of urgency, with a view touniversal ratification by the year 2005, and to consider making the declarationenvisaged under article 14 comply with their reporting obligations, publish andact upon the concluding observations of the Committee on the Elimination ofRacial Discrimination. It also urges States to limit, review or consider thewithdrawal of reservations that are incompatible with the purposes andobjectives 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 theobservations and recommendations of the Committee on the Elimination of RacialDiscrimination. To that effect, States should consider setting up appropriatenational monitoring and evaluation mechanisms to ensure that these observationsand recommendations are duly addressed and that the relevant legislation iseffectively implemented and that all necessary steps are taken to promotenational harmony, equality of opportunity and good inter-social relations.
1e) To declare an offence punishable by law and that legal actions be takenex-officio against all acts of racial discrimination under CERD./To fully andmore effectively apply existing legislation concerning the dissolution oforganizations promoting racism, racial discrimination, xenophobia,anti-Semitism and related intolerance and prosecute those members breaching thelaw and to consider the possibility of declaring the membership in organizationspromoting racism, racial discrimination, xenophobia, anti-Semitism and relatedintolerance a criminal offence;
93 (merged) The World Conference requests/urges States that have not yet doneso, without delay, to sign and ratify, or accede to/consider signing andratifying or acceding to and implementing fully the following instruments:
the Convention against Discrimination in Education, adopted by theGeneral Conference of the United Nations Educational, Scientific and CulturalOrganization,
the Convention on the Elimination of All Forms of Discrimination againstWomen, with a view to achieving universal ratification within five years, andto consider signing and ratifying or acceding to its Optional Protocol
the Convention on the Rights of the Child, and Convention 138 (MinimumAge) and Convention 182 (Worst Forms of Child Labour) of the ILO,
the ILO Convention 1989 (No. 169), which protects the rights ofIndigenous and Tribal Peoples in Independent Countries and the Convention onBiological Diversity, and revise the ILO Convention in consultation withindigenous peoples, to overcome its deficiencies, in order to progress in theeradication of racism, racial discrimination, xenophobia and relatedintolerance,
the International Convention on the Protection of the Rights of AllMigrant Workers and Members of Their Families (1990), and to prohibit andprevent discriminatory treatment against foreigners and migrant workers, interalia, concerning the granting of visas, work permits, family conditions,housing and access to justice, based on race, colour, descent or national orethnic origin,
the Rome Statute of the International Criminal Court,
the UN Convention against Transnational Organized Crime and its Protocolto prevent, suppress and punish trafficking in persons, especially in women andchildren, in order to end practices that lead to various kinds of servitude andexploitation 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 therights set out in the Declaration on the Elimination of All Forms ofIntolerance and of Discrimination Based on Religion or Belief, adopted inGeneral Assembly resolution 36/55, in order to obviate religious discriminationagainst people of African descent;
New 57. The World Conference urges States to seek full respect for, andcompliance with, the 1963 Vienna Convention on Consular Relations, especiallyas it relates to the right of foreign nationals, regardless of theirimmigration status, to communicate with a consular officer of their own Statein the case of arrest or detention;
97. [The World Conference calls upon urges all States that have not yet done soto consider ratifying or acceding to to ratify [the International Convention onthe Protection of the Rights of All Migrant Workers and Members of TheirFamilies 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 preventdiscriminatory treatment against foreigners and migrants workers, inter aliaconcerning the granting of visas, work permits, family conditions, housing andaccess to justice, based on race, colour, descent or national or ethnic origin.]
New 167 (merger) The World Conference underlines the importance of combatingimpunity including for crimes with a racist or xenophobic motivation, also atinternational level, [noting that impunity for the violations of human rightsand international humanitarian law is a serious obstacle to political stabilityand sustainable development.] It also fully supports the work of the existinginternational criminal tribunals and the adoption of the Statute of theInternational Criminal Court.
(Merger of New 167 and 90.)
96. [The World Conference calls upon urges States that have not yet done so toconsider ratifying or acceding to to ratify international standards/instrumentsthat prohibit discrimination in employment and occupation, in particular theDiscrimination (Employment and Occupation) Convention, 1958 (No. 111) of theInternational Labour Organization, and to apply the Declaration on FundamentalPrinciples and Rights at Work of the International Labour Organization of1998.]
66. [The World Conference urges States to apply the Guiding Principles onInternal Displacement (E/CN.4/1998/53/Add.2), particularly those provisionsrelating to non-discrimination, where applicable.]
45bis1 The World Conference urges States to take appropriate measures for theimplementation of the rights of the child without discrimination, and withregard to economic, social and cultural rights to the maximum extent ofavailable resources and, where needed, within the framework of internationalco-operation.
Prosecution of perpetrators of racist acts
89 (merger) The World Conference urges States to: adopt effective measures tocombat criminal acts motivated by racism, racial discrimination, xenophobia andrelated intolerance; to take measures so that such motivations will beconsidered an aggravating factor for the purposes of sentencing, to preventthese 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 linksbetween criminal prosecution, police violence and penal sanctions, [ includingthe application of the death penalty] [ in particular against vulnerable groupsand individuals] on the one hand, and racism, racial discrimination, xenophobiaand related intolerance, on the other, so as to have evidence for taking thenecessary steps for the eradication of any such links and discriminatorypractices; 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 forspecial 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 racialhatred, defamation of nation or race, support or promotion of movement seekingto suppress citizens' rights and freedoms, denial of [Holocaust[s] or[genocide] racist acts and the of violence or intimidation to which they giverise and also to ensure the protection, /respecting the necessary distinctionbetween the prohibition of racial discrimination and the enjoyment of the rightto freedom of expression in the in/ ensuring the prohibition of racialdiscrimination in the enjoyment of the right to freedom of expression.)]/
To bring to justice those responsible for crimes motivated by racism, racialdiscrimination, xenophobia and related intolerance and the violence to whichthey give rise, ensuring that in efforts to combat such crimes, States find abalance between the principle of freedom of expression and the goal principleof eradication of racist and hateful speech.]/
To bring before national and international tribunals those responsible forracist acts, racial hatred and violence perpetrated against those groups thatare most vulnerable. States undertake to prohibit all forms of discriminationand to suppress laws that constitute an obstacle to inter-community relationsand mutual co-operation.
To bring to justice those responsible for racist acts and the violence to whichthey give rise and to ensure the prohibition of all manifestations of racism,racial discrimination and xenophobia in the exercise of the right to freedom ofexpression.
(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 measuresrequired to give full effect to their obligations under internationalhumanitarian law, in particular in relation to the rule prohibitingdiscrimination
adopt legislation prohibiting, in particular, for the prosecution andpunishment of persons suspected of having committed or having ordered to becommitted grave breaches of the Geneva Conventions and Additional Protocol Iand of other serious violations of the laws and customs of war, in particularin relation to the rules prohibiting discrimination.
54bis1 The World Conference calls upon Governments (States) to criminalizetrafficking in women and children in all its forms and to condemn and penalizetraffickers and intermediaries, while ensuring protection and assistance to thevictims of trafficking with full respect for their human rights.
6bis f) The World Conference urges States, non-governmental organizations andthe private sector to work to ensure that violence motivated by race, colour,descent or national or ethnic origin is prosecuted with equal vigour as othersimilarly serious crimes.
85bis The World Conference urges States to carry out exhaustive, timely andimpartial investigations of all acts of racism, racial discrimination and toprosecute offences of a racist or xenophobic nature ex officio. It furtherundertakes to ensure that criminal prosecution of offences of a racist orxenophobic nature is given high priority and is actively and consistentlyundertaken. States shall ensure the right to equal treatment before thetribunals and all other organs administering justice. In this regard, itunderlines the importance of fostering awareness and providing training to thevarious agents in the criminal justice system to ensure fair and impartialapplication of the law. In this regard the World Conference draws attention tothe importance of collecting and publishing adequate data, broken down by sexand age, on the number and nature of racist and xenophobic incidents oroffences, the number of cases prosecuted or the reasons for non-prosecuting andthe outcome of prosecutions. In this respect it recommends that ananti-discrimination monitoring services be established;
Establishment and reinforcement of independent specialised national institutionsand mediation
5 (merger) The World Conference urges States, as appropriate, to establish,strengthen, review and reinforce the effectiveness of human rightsbodies/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 forthe promotion and protection of human rights (the "Parisprinciples");
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 relatedintolerance;
visibility and accessibility to the population;
ability to initiate investigations, issue recommendations and institute legalproceedings in cases of racial discrimination and, as appropriate inter alia,the capacity to receive, investigate and mediate complaints and, whereappropriate, to refer such complaints to the justice system for appropriateaction;
reflect the diversity of the country and be representative of the populationthey serve.
The World Conference further calls upon States to provide them withadequate 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 nationalinstitutions;
to take steps to [ensure that by [members of groups which are victims of orvulnerable to] individuals or groups affected by or vulnerable to racism,racial discrimination, xenophobia and related intolerance [can participatefully in these institutions];
to support national human rights institutions or similar bodies responsible forcombating racism, racial discrimination, xenophobia and related intolerance,inter alia the publication and circulation of existing national laws andjurisprudence, and cooperation with institutions in other countries so thatknowledge can be gained of the manifestations, functioning and mechanisms ofthese practices and the strategies designed to prevent, combat and eradicatethem;
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 whichare victims of discrimination, providing information on the composition oftheir populations according to race, colour, nationality, national origin,ethnicity, religion, sex, age and other factors, as appropriate, for, interalia, the development and evaluation of policies with respect to human rights,including those against that address racism, racial discrimination, xenophobiaand related intolerance. The collection of such data should/may take intoaccount the self-definition of these groups;
to promoting quantitative, qualitative and gender-sensitive research onthe subject with the full and equal participation of those being researched,
to institute routine monitoring of racist acts on the local and nationallevel and of the situation of marginalized racial and ethnic groups, [throughperiodic sampling and compilation of statistical information collected andanalysed disaggregated by sex, age, race or ethnic group/ethnicity and nationalorigin, particularly with regard to such fundamental economic and socialindicators as infant mortality rate, life expectancy, literacy rate, level ofeducation, access to employment, housing and health services, and averagedisposable income.] [Special attention should be paid to research into theimpact of racial discrimination on the enjoyment of those rights, and to thepublication of the conclusions.];
to ensure that institutions responsible for providing statisticalinformation 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 andobtain data on relevant and appropriate characteristics, designing strategiesto evaluate the human rights all policies concerning ethnic groups. To thatend, it recommends the development of voluntary, consensual and participatorystrategies for these communities in the processes of collecting and usinginformation;
to share/ exchange experiences and successful practices with otherStates.
(Merger of 50, 51, 19 and parts of 6 c))
44. (first parts) (merged) [Governments should collect] The World Conferencefurther invites States:
to collect or examine ways of collecting better statistical data andanalyze them in order to identify how legislation and policy affect children’slives, 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 withdisabilities, including those from disadvantaged groups, are not receivingbasic social services so that States can develop specific policies andprogrammes to remedy this type of exclusion;
(Merger of 44 and 50bis2
44 last part (merger) The World Conference urges States to ensure that all dataand information shall be collected in accordance with provisions on human rightsand fundamental freedoms, such as data protection regulations and privacyguarantees.
(Merger of 44 (last part and 50 (last part))
73. [Government efforts to design policies aimed at combating racialdiscrimination, xenophobia and related intolerance should be based on reliablestatistical data and other quantitative information including qualitativeresearch done, and priorities identified by Roma themselves reflecting asaccurately as possible the status of the Roma in society Roma, Gypsies, Sintiand Travellers in society. Such information should be collected in accordancewith human rights principles and in consultation with the persons concerned,and protected against abuse through data protection and privacy guarantees./Allsuch information shall be collected in accordance with provisions on humanrights and fundamental freedoms, such as data protection regulations andprivacy guarantees.]
New 58. The World Conference invites States to promote the study and adoptionof an integral, objective and long-term approach to all phases and aspects ofmigration, that will deal effectively with both its causes and manifestationsand pay special attention to the prevention and punishment of illegal actsmotivated by racism, racial discrimination, xenophobia and related intolerance,wherever they may occur.
New 65. The World Conference recommends that further studies be conducted onhow racism, racial discrimination, xenophobia and related intolerance maybe/are reflected in laws, policies, institutions and practices and how this mayhave/has contributed to the vulnerability, victimization and exclusion ofmigrants, especially women and children.
New 94. The World Conference invites the international institutions to studythe causes of migrations in specific cases and to co-operate with the countriesof origin in addressing the causes of migratory flows;
13bis3 The World Conference calls for studies to address the effects ofeconomic globalisation on migration trends and the resurgence of racism, racialdiscrimination, xenophobia and related intolerance.
32bis1 e) Compile and publish, where appropriate, disaggregated statisticaldata by race and ethnicity to determine whether employment policies orprogrammes have an unjustified disparate impact on racial and ethnic minoritiesand support the development of specific policies or programmes.
New 129 c) The World Conference urges Governments, non-governmentalorganisations and the private sector to takes steps to improve the collection,analysis and use of data disaggregated by race and ethnicity to reducedisparities in access to health care and improve the overall health status andhealth outcomes of minority and indigenous populations;
75bis3 The World Conference recommends States to include in their periodicreports, in an appropriate form, data about the Roma communities within theirjurisdiction, including statistical data about Roma participation in politicallife and about their economic, social and cultural situation. (CERD GeneralRecommendation XXVII "Discrimination against Roma).
Action-oriented policies and action plans, including affirmative action toensure 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 justicefor/to all without discrimination by providing appropriate affirmative actionespecially to vulnerable groups victims of discrimination/ by ensuring equity,social justice and fair distribution of aid and community strategies andeconomic, political and social participation/[ equality of opportunity] throughadoption and exchange of good practices on implementation of legal and policymeasures;
3(f)bis To take concrete measures to promote equality based on the eliminationof gender and racial prejudice in all fields through inter alia, improvingaccess to education, health care, employment and other basic services topromote full enjoyment of economic, social and cultural rights;
52 (merged) The World Conference urges States to establish, on the basis ofexisting statistical information, national programmes, including affirmativeaction positive measures, to promote the access of individuals and groupsaffected by or vulnerable to racism, racial discrimination, xenophobia andrelated intolerance indigenous people, [people of varying descent,] migrantsand other ethnic, racial, cultural, religious and linguistic groups orminorities to education, medical care and basic social services, includingprimary education and basic health care.
(Merger of 52 and part of New 142)
New 93. The World Conference recommends that host countries for migrantsconsider the provision of adequate services in the areas of health, educationand accommodation as a matter of priority in their co-operation measures withthe United Nations agencies, the Organization of American States andinternational financial bodies and also request that these agencies shouldprovide an adequate response to such requests;
New 142 (part of) (merged) The World Conference urges States to establishnational programmes to promote the access, without any discrimination, ofpeople 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. Toeliminate by the year 2010 the disparities these groups experience, inter alia,infant mortality rate, childhood immunization, HIV/AIDS, heart disease, cancerand other contagious diseases.
(Merger of part of New 142 and New 110)
New144 The World Conference urges States to specifically include prohibition ofdirect and indirect discrimination on grounds of actual or presumed nationalityor national origin in civil, administrative and labour law to combateffectively discrimination against non-nationals, particularly migrant workersand refugees. National anti-discrimination legislation should specificallyinclude access to and provision for effective judicial, administrative andother remedies for non-citizens.
29. The World Conference urges States to prevent and eliminate, where theyexist, racially discriminatory policies and practices in access to public andprivate employment, business opportunities, and development programmes [andoccupation], education, housing and health care and to promote policies whichseek to improve the prospects of targeted groups facing inter alia the greatestobstacles in finding, keeping or regaining work, including skilled employment.Particular attention should be paid to persons subject to multiplediscrimination.
3(e) The World Conference urges Governments to counter social exclusion andmarginalization of racial, ethnic, cultural, religious, linguistic and nationalminorities, 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 thesuccessful cohabitation of different social groups at the planning stage ofurban development schemes as well as renovate neglected areas of public housingso as to counter social exclusion.
Immigration Policies
New 25. The World Conference urges States to consider policiesand programmes to reduce income and wealth inequality, recognizing the closeassociation between poverty and racism, racial discrimination, xenophobia andrelated intolerance. The World Conference further requests States to takeadditional steps to protect economic, political, social and cultural rights ona non-discriminatory basis, by ensuring an increase in the delivery of publicservices and access to social justice and rights for indigenous peoples, peopleof African descent, migrants and other ethnic, racial, cultural, religious andlinguistic groups or minorities;
New 106. The World Conference calls upon States to adopt or strengthen, asrequired, laws, strategies, programmes and policies, including affirmativeaction, to promote and protect the rights of victims of racism, racialdiscrimination, xenophobia and related intolerance, including their effectiveaccess to justice and judicial remedies free from racial discrimination of anykind;
1.b) To guarantee and promote [ strive for] full and effective equality justicefor/to all without discrimination by providing appropriate affirmative actionespecially to vulnerable groups victims of discrimination/ by ensuring equity,social justice and fair distribution of aid and community strategies andeconomic, political and social participation/[ equality of opportunity] throughadoption and exchange of good practices on implementation of legal and policymeasures;
Employment
32. The World Conference invites urges States to promote and support whereappropriate the organization and operation of enterprises owned by indigenouspeople, people of minority descent, migrants and other ethnic, racial,cultural, religious and linguistic groups or minorities byfavouring/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 amulti-faceted strategy that includes civil rights enforcement, public education,and communication within the workplace. Promote and protect the rights ofworkers who are subject to racism, racial discrimination, xenophobia andrelated intolerance.
Foster the creation, growth and expansion of businesses dedicated to improvingeconomic and educational conditions in under-served and disadvantaged areas, byincreasing access to capital through, inter alia, community development banks,recognizing that new businesses can have a positive, dynamic impact oncommunities in need. Work with the private sector to create jobs, help retainexisting jobs, and stimulate industrial and commercial growth in economicallydistressed areas.
New 84. The World Conference urges States to give special attention, whenpromoting and implementing legislative and judicial policies designed to giveworkers adequate protection, to the serious situation of lack of protectionand, in some cases, the exploitation or trafficking of victims of racism,racial discrimination, xenophobia and related intolerance, a situation thatallows or facilitates confinement, as in the case of domestic workers anddangerous and badly paid jobs;
85. The World Conference urges States to avoid the negative effects ofdiscriminatory practices, racism and xenophobia in employment and occupation bypromoting the application and observance of international instruments and normson workers’ rights, [including the Declaration on Fundamental Principles andRights at Work]. It also urges States to continue their efforts to protect therights of workers who are particularly vulnerable to racism, racialdiscrimination, xenophobia and related intolerance including those who may bediscriminated against on multiple grounds.
12. The World Conference encourages States to consider taking measures toincrease the recruitment, retention and promotion of women and men [belongingto] targeted/all groups, including racial and ethnic minorities/affected by orvulnerable to racism, racial discrimination, xenophobia and relatedintolerance, to the teaching profession and guarantee them effective equalityof access to it. Particular attention should be made to recruit women and menwho have the ability to interact effectively with all groups.
30bis (merged) The World Conference calls on all States to recognise theimportance of the involvement and participation of all persons affected and toencourage trade unions, the business sector and employers to work together inthe formulation and implementation of policies and programmes to ensurenon-discrimination and equality in the workplace.
(Merger of 30bis and 30)
86bis The World conference calls upon all states to provide protection tovictims of racism, racial discrimination, xenophobia and related intolerance atthe workplace through access to effective labour and employment relevantadministrative institutions and processes, legal procedures and other remedialaction.
Health, environment
53. Urges States, individually and through international cooperation, toenhance measures to fulfill the right of everyone to the enjoyment of thehighest attainable standard of physical and mental health with the view toeliminate disparities in health status, as indicated in standard healthindexes, which might result from racism, racial discrimination, xenophobia andrelated intolerance. ADOPTED
New 129. The World Conference urges Governments, non-governmentalorganizations, and the private sector to:
Provide effective mechanisms for monitoring and eliminating racial and ethnicdiscrimination in the health care system, such as the development andenforcement of effective anti-discrimination laws;
Take steps to ensure equal access to comprehensive, quality health care forall, including primary health care to medically under-served people; andfacilitate training of a health workforce that is both diverse and motivated towork in under-served communities. Work to increase diversity in the health careprofession by recruiting promising and talented women and men from all groups,including racial and ethnic minorities, for health care careers and retainingthem in the health professions. Particular efforts should be made to recruitwomen 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, scientificresearchers and private industry to expand the knowledge base about racial andethnic health disparities and to improve the health outcomes of minority andindigenous populations.
Adopt and implement policies and programmes to improve HIV/AIDS preventionefforts in high-risk communities and work to expand availability of HIV/AIDScare, treatment and other support services.
New130 The World Conference urges States to take measures and to set targets toensure the right of everyone to the enjoyment of the highest attainablestandard of physical and mental health with the view to eliminate disparitiesin health status;
33bis (merged) The World Conference urges States, non-governmentalorganizations and the private sector to take steps to improve access to publicinformation on health and environmental issues by all people, including thoseaffected by racism, racial discrimination, xenophobia and related intolerance;identify and address the adverse effects of government policies and programmeson the human health and environment in targeted areas; and promote compliancewith and enforcement of all health and environmental laws, including in areasinhabited by racial or ethnic minorities, indigenous peoples, or low-incomepopulations.
(Merger of parts of 33bis)
33ter (merged) It further urges States to adopt measures to provide aproper/safe and healthy environment for racially and ethnically disadvantagedgroups; ensure that they have the ability to meaningfully participate in thepublic process for environmental decision-making that may affect them; sharetechnology and best practices to improve human health and the environment inall areas; seek to prevent or minimize the industrial pollution that affectsthem disproportionately; as appropriate to take measures to clean and redevelopcontaminated sites located in or near where they live, turn them into usablespace that is clean and safe for human use and habitation, create jobs andenhance community development and, where appropriate, to relocate, on avoluntary basis and after consultation with those affected, racially andethnically disadvantaged groups to other areas when there is no other practicalalternative to ensuring their health and well-being.
(Merger of parts of 33bis and New 8)
Equal participation in political, economic, social and culturaldecision-making
30. The World Conference urges/invites Governments, the private business sectorand international [financial] institutions, [particularly/including the WorldBank and regional development banks], to promote participation by personsbelonging to/members of all groups, including [minority groups] individuals andgroups affected by or vulnerable to racism, racial discrimination, xenophobiaand related intolerance, in economic, cultural and social decision-making atall stages and levels [in the development and implementation of povertyalleviation strategies, development projects, and trade and market assistanceprograms].
3(h) The World Conference urges Governments to enhance/reflect on andfacilitate the effective and equal access of all members of the community,including members of vulnerable groups/individuals and groups affected by or vulnerableto racism, racial discrimination, xenophobia and related intolerance, to thedecision-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 promoteparticipation (by all members of the international community (in thedecision-making process at all stages (at the global and regional levelsrespectively (in order to facilitate the development projects and trade andmarket assistance programs, as well as implementation of poverty alleviationstrategies, (the lack of which/non-fulfillment of which negatively affect theMember States and may lead to (discriminatory behaviour and xenophobicattitude) against minorities, groups and individuals (in society at large)
3(h) Alt. The World Conference urges Governments and the private businesssector to promote participation by persons belonging to/members of all groups,including members of vulnerable groups and groups affected by or vulnerable toracism, racial discrimination, xenophobia and related intolerance andfacilitate their effective and equal access to the decision-making processes insociety, in particular at the local level.
Role of politicians and political parties
4 (modified) The World Conference urges to promote good governance based on theprinciples of democracy, the rule of law, equality, non-discrimination andtransparency and thus reflect the full diversity of a given State. It encourages[political parties to take concrete steps to promote solidarity, tolerance andrespect inter alia by developing [model] voluntary code[s] of conduct as wellas penal measures for members of such parties who engage in statements andactions 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 encouragedebate in, and action by Parliaments, on legal measures to be taken at nationallevel to combat racism, racial discrimination, xenophobia and relatedintolerance
3. Education and awareness raising measures
76bis The World Conference urges States to commit financial resources toanti-racism education and to media campaigns promoting the values ofacceptance, tolerance, diversity, and respect for the cultures of allIndigenous Peoples living within their national borders. In particular, Statesshould promote an accurate understanding of the histories and cultures ofIndigenous Peoples.
New 36. Urge the United Nations, other appropriate international and regionalorganizations and States to redress the marginalization of Africa’scontribution to world history and civilization by developing and implementing aspecific and comprehensive programme of research, education and masscommunication to widely disseminate a balanced and objective presentation ofAfrica’s seminal and valuable contribution to humanity; ADOPTED at 2nd Prep Com
3bis1 (merged). The World Conference encourages all States and relevantinternational organizations to initiate and develop cultural and educationalprogrammes aimed at countering racism, racial discrimination, xenophobia andrelated intolerance and enhancing mutual understanding amongst various culturesand civilizations. It further urges States to initiate public informationcampaigns 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 educationand 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 adoptpolicies of equal opportunities and follow-up their implementation with theparticipation of teachers, parents, boys and girls and the community. Itfurther urges all educators, including teachers in all post-secondary educationprocesses, religious bodies and the print and electronic media, to play aneffective role in education against racism, racial discrimination, xenophobiaand related intolerance.
(Merger of 7bis1 and 11bis)
15. The World Conference urges States to intensify their efforts in the fieldof education to promote the awareness/consciousness of the evils of racism,racial discrimination, xenophobia and related intolerance,/in order tounderstand the causes and sources and denounce their perverse effects in orderto ensure the respect for the dignity and worth of all human beings. In thiscontext, States should develop, where appropriate, and implement specificsensitisation and training programmes, formulated in local languages for allcategories of society, in particular young people, to combat racism.
13. [The World Conference calls upon States to commit themselves to undertakingpublic information campaigns or other more long-term initiatives, inter aliathrough the media, to alert their societies to the dangers of racism, racialdiscrimination, xenophobia, [anti-Semitism], Islamophobia and racist practicesof Zionism and related intolerance, and to support initiatives ofnon-governmental organizations in this respect. Such campaigns or initiativesneed to be addressed to the whole of society, in particular young people,including children. The World Conference also calls upon States to undertakeand facilitate activities aimed at educating young people in human rights anddemocratic citizenship and instilling values of solidarity, respect andappreciation of diversity. A special effort to inform and sensitise youngpeople to respect minorities and democratic values should be undertaken ordeveloped to fight against ideologies based on so-called racial superiority.]
7bis5 (reformulated) The World Conference further urges States to adopt andimplement laws that prohibit discrimination on the basis of race, colour,descent or national or ethnic origin at all levels of education; removebarriers and ensure equal access to quality education that maximizesopportunities for employment in today's job markets; establish and implementmethods to measure and track improvement in disadvantaged youth education performance;support effort to ensure safe school environment free from violence and free ofharassment on the basis of race, colour, descent or national or ethnic origin;and establish financial assistance programs designed to enable studentsregardless of race, colour, descent or ethnic or national origin to attendinstitutions of higher education.
16bis The World Conference urges Governments to support and implement publicformal and non-formal education programmes designed to promote culturaldiversity, self-esteem building and teaching in the mother tongue fornational/ethnic minorities and indigenous peoples.
Access to education without discrimination
12bis Additionally, concerning education in general, the World Conferenceappeals to all States to fight against any form of separate schooling based onnational or ethnic origin, colour, descent, or religion and to ensure equalaccess to education for all in law and in practice.
New 112 (merged) The World Conference urges States to commit themselves to ensuringaccess to education, including access to free primary education for allchildren within their territory, based on respect for human rights, diversityand tolerance, without discrimination of any kind and in accordance withinternational 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 considerincluding in their educational curricula an annual day against racism, racialdiscrimination, xenophobia and related intolerance, and activities throughoutthe school year to raise the awareness of these issues;
New 113. The World Conference urges states to adopt and implement all necessarylegislative, administrative and other measures to promote correct reflectionand perception on the past and contemporary history of colonialism, slavery,racism and racial discrimination, inter alia, among their new generationsthrough the faithful education and other appropriate means with a view to preventingthe recurrence of such wrong doings.
7. In this regard, it is important introduce, and, as applicable to reinforcean/the anti-discrimination and anti-racism components /into human rightsprogrammes in school curricula, to develop relevant educational material and toensure that all teachers are effectively trained and adequately motivated toshape attitudes and behavioural patterns etc./of the school curricula and toimprove educational materials on human rights and anti-racism, in order to shapeattitudes and behavioural patterns based on the principles ofnon-discrimination, mutual respect and tolerance.
7bis (merged) The World Conference urges States to harness the power ofeducation and adopt, as appropriate, training programmes and developeducational materials aimed at combating racism, racial discrimination,xenophobia and related intolerance, and in this context it calls upon States togive priority to textbook and curriculum review and amendment so as toeliminate any elements that might promote racism, racial discrimination,xenophobia and related intolerance or reinforce negative stereotypes, and toinclude material that refutes such stereotypes. It also urges them to providethe mainstream education with an accurate presentation of the history of theState, highlighting the contributions of the individuals and groups fromdifferent cultures and civilizations of the region and the world, including therole that indigenous people, people of African descent, Roma, migrants andother ethnic, racial, cultural, religious and linguistic groups and minoritieshave 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 thehistory of neighbouring countries] with the aim to achieve mutual respect andunderstanding for each others culture, religion or history/as well as of theiradvantage to the whole civil society.
12. The World Conference calls upon strongly recommends to participating Statesto introduce, or encourage the introduction of, or reinforce, human rightseducation, including promoting anti-racism, with a view to combating prejudiceswhich lead to racial discrimination and to promoting understanding, toleranceand friendship between difference racial or ethnic groups in school curriculaand in institutions of higher education and to support public formal andnon-formal education programmes designed to promote cultural diversity and self-esteemof vulnerable groups.
Training of professional groups in public administration and inadministration of justice
6bis a) (merged) The World Conference requests States, wherever appropriate throughcooperation with inter-governmental organizations, national institutions,non-governmental organizations and the private sector, to organize andfacilitate training courses or seminars about international norms prohibitingracial discrimination and their applicability in domestic law, as well as onthe application of international human rights standards such as obligationsunder the International Convention on the Elimination of All Forms of RacialDiscrimination, the Convention on the Elimination of All Forms ofDiscrimination against Women and the Convention on the Rights of the Child, forprosecutors, members of the judiciary and other public officials. It calls uponStates to provide wide-ranging education for their law enforcement officials, inparticular members of the police force, in combating stereotypes that provokeviolence on their part, particularly against people of African descent [andrecognize that the successful completion of such training programmes be madeone 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 administrationof justice and fair trial and to conduct nationwide campaigns, amongst othermeasures, to raise awareness among State organs and public officials concerningtheir obligations under the International Convention on the Elimination of AllForms of Racial Discrimination and other relevant instruments. ADOPTED at 2ndPrep Com
9bis The World Conference also urges States to develop anti-racist andgender-sensitive human rights training for personnel in the administration ofjustice, law enforcement agencies, security and health-care services schoolsand migration authorities, paying particular attention to immigrationofficials, border police and staff of migrant detention centres, as well as forUN personnel.
57 (merged) The World Conference urges countries receiving migrants tostrengthen the human rights training and awareness-raising activities designedfor immigration officials, border police and staff of migrant detentioncentres, 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 leadto decisions based on racism, racial discrimination, xenophobia or relatedintolerance.
(Merger of 57, new 63)
54bis6 The World Conference urges States to provide or strengthen training forlaw enforcement, immigration and other relevant officials in the prevention oftrafficking in persons. The training should focus on methods used in preventingsuch trafficking, prosecuting the traffickers and protecting the rights ofvictims, including protecting the victims from the traffickers. The trainingshould also take into account the need to consider human rights and child - andgender-sensitive issues and it should encourage co-operation withnon-governmental organizations, other relevant organizations and other elementsof civil society.
4. Information, communication and the media including new technologies
New 42 (merged) The World Conference urges States to give impetus to thedevelopment by the media, including the press and the communications andadvertising media, taking into account their independence, through theirrelevant associations and organizations at national, regional and internationallevels, of a voluntary ethical code of conduct and self-regulatory measures, inorder to:
a) combat discrimination on such grounds as race, national or ethnic origin andreligion and do away with stereotypes,
b)ensure the fair and balanced presence of people of African descent, as wellas 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 promotingrespect and tolerance among all peoples and human beings, for example throughassistance in public awareness-raising campaigns.
[It furthermore considers that advertisers should also refuse to carryadvertising messages that portray cultural, religious or ethnic difference in anegative manner, including by reinforcing sexist or other negative stereotypesand prejudices].
(Merger of New 42, 26 and 28)
22. The World Conference calls upon States to encourage Internet serviceproviders to establish and disseminate specific voluntary codes of conduct andself-regulatory measures against the dissemination of racist messages and thosethat promote racial discrimination, xenophobia or any form of intolerance anddiscrimination.
22bis1 In this context, Governments are encouraged to set up a nationalconsultation body which might act as a permanent monitoring centre, mediatingbody and partner in the preparation of codes of conduct.
20. The World Conference draws the attention of States to the need tocoordinate a prompt international response to the rapidly evolving phenomenonof the dissemination of hate speech and racist material on the Internet. Inthis respect, it calls for international judicial cooperation to bestrengthened and rapid intervention mechanisms to be agreed.
22bis The World Conference calls upon all States to criminalize disseminationthrough the Internet of racist messages and those that promote racialdiscrimination, xenophobia or any form of intolerance and discrimination.
20bis The World Conference urges States to apply all relevant human rightsinstruments to which they are parties, in particular the ICERD, to racism inthe Internet.
21. The World Conference urges States to adopt and apply to the extent possibleexisting legislation for prosecuting those responsible for imminent incitementto racial hatred/violence on the Internet and their accomplices, taking fullyinto account existing international and regional standards on freedom ofexpression, while taking all necessary measures to guarantee the right tofreedom of opinion and expression. It further recommends the training of lawenforcement authorities in addressing the problem of dissemination of racistmaterial through the Internet.
23. [The World Conference expresses concern at the material progression ofracism, including contemporary forms and manifestations of racism such as theuse of the internet to disseminate ideas of racial superiority. The Conferencetakes note of /welcomes the positive contribution the Internet can bring in isbringing to combating racism through rapid and wide-reaching communication. Inawareness that the international use and access of the Internet is lined bysocial, cultural and political boundaries the World Conference call upon Statesto enable all people to access and use the Internet as a an international andequal forum. It calls upon States to examine ways in which this contributioncan be enhanced the Internet can be used systematically, for example throughthe creation of a specific site, to provide information about good practicesfor combating racism, racial discrimination, xenophobia, anti-Semitism andrelated intolerance and racist practices of Zionism. It also draws attention tothe potential to increase the use of the Internet to create educational and awareness-raisingnetworks against racism and intolerance, both in and out of school as well asits ability to promote universal respect for and value of cultural diversity.
New 121. The World Conference requests States to take necessary measures todenounce, actively discourage and prohibit the transmission of racist andxenophobic messages through all communications media, including newcommunications technologies such as the Internet;
25.The World Conference urges States to prevent, by all appropriate means toencourage 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 encourageobjective and balanced portrayals of people, events and history, especially inthe media, recognizing the profound influence that such portrayals have onsocietal perception of individuals and groups whose members are frequentlyvictims of affected by or vulnerable to racism, racial discrimination,xenophobia and related intolerance, and to make punishable by law in accordancewith relevant international human rights law, incitement to racial hatred.
27.The World Conference urges the media to recognize the value of culturaldiversity and to take concrete measures to ensure that marginalized communitieshave access to the media through, inter alia, the presentation of programmesthat reflect the cultures and languages of minority communities, [and to ensurethat promote representation of members of groups which are victimsof/individuals and groups affected by or vulnerable to racism, racialdiscrimination, xenophobia and related intolerance are adequately representedat all levels of their organizational structure.]/and encourages the media tofacilitate members of targeted groups to be adequately represented.
B. International level
93bis. Urge all actors on the international scene to build an internationalorder based on inclusion, justice and equity, mutual understanding and respectand to reject outdated doctrines of exclusion based on racism, racialdiscrimination, xenophobia and related intolerance.
93bis1. Encourage States, regional and international organisations, includingfinancial institutions, as well as civil society to develop a mechanism toaddress those aspects of globalisation which may lead to racism, racialdiscrimination, xenophobia and related intolerance.
New 168a. Strongly urge States to take effective international measures toguarantee the implementation of human rights standards and the elimination ofall forms of racism, racial discrimination, xenophobia, Apartheid and relatedintolerance in respect of peoples under colonial or other forms of aliendomination or foreign occupation, particularly those under an occupation basedon racist, ethnic and settler ideology, in accordance with the rules ofinternational law, international humanitarian law and the internationalconventions in relation to the elimination of all forms of racism and racialdiscrimination, xenophobia, Apartheid and related intolerance, as theyconstitute a crime against humanity.
18 a) [The World Conference urges that:
The capacity of the early warning and urgent procedures mechanisms of theCommittee on the Elimination of Racial Discrimination should be strengthened sothat it can act immediately under article 4 of the International Convention onthe Elimination of All Forms of Racial Discrimination with regard to any massmedia appeals and any other incitement to racial discrimination and violenceleading to genocide.
18bis The World Conference recommends that the United Nations Department ofPeacekeeping Operations and other concerned United Nations agencies, bodies andprogrammes, strengthen their coordination to discern patterns of seriousviolations of human rights and humanitarian law with a view to assessing therisk of further deterioration that could lead to genocide, war crimes or crimesagainst humanity.
New 39. The World Conference requests the World Health Organization to promoteactivities for the recognition of the race/ethnic group/gender variant as asignificant variable in health matters and to prepare specific projects forprevention, 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 ofurgency, the pressing requirement for justice for the victims of racism, racialdiscrimination, xenophobia and related intolerance and to ensure that victimshave full access to information, support, effective protection and national,administrative and judicial remedies, as well as legal assistance, includingthe right to seek and receive just and adequate reparation or satisfaction formaterial and moral damage.
New 49. Urges States to provide victims of racial discrimination with/facilitate access to all appropriate methods of justice and legal assistancein a manner adapted to their specific needs and vulnerability, includingexemption from fees, simplification of procedures, legal representation andestablishment as appropriate of special adapted jurisdictions to deal with suchcases.
84bis The World Conference urges States to ensure the protection againstvictimisation of complainants and witnesses to discrimination and to ensurethat persons belonging to targeted groups who have been victims ofgender-related crimes, such as rape and other forms of sexual and domesticviolence, forced prostitution and trafficking for the purpose of sexualexploitation, are granted adequate legal protection and support. It furtherencourages 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 tosupport complainants of racism, with their consent, in legal procedures;
National Legislation and Programmes
81. The World Conference affirms that the establishment of more effectivemeasures against racial discrimination should include recognition of the needfor a package of preventive and deterrent measures. Cultural change to beachieved through educational programmes must be in the forefront of preventivemeasures but deterrent measures are equally essential, for example and whereappropriate: (a) adoption of a law legal framework/laws against racial discrimination[and its incorporation into national legislation]; such a law could be modelledon United Nations publication HR/PUB/96/2; (b) extension of legislativemeasures prohibiting racial discrimination in all areas of the public andprivate sectors, including employment, training, education, housing, provisionof goods and services, immigration policy, the administration of justice, andlaw and order; (c) enactment of legislation providing for adequate civilcompensation of victims of racial discrimination. [Provision should be made forrehabilitation of the perpetrators and victims of/acts of racism by means oftruth commissions, apologies, and the establishment of victims’ compensationand reparation funds, as appropriate.]
81bis For the purposes of effectively combating racism and racialdiscrimination, xenophobia and related intolerance in the civil, political,economic, social and cultural fields, the World Conference recommends allMember States that the national legislative framework in criminal, civil andadministrative law should expressly and specifically prohibit discrimination ongrounds of actual or presumed racial, ethnic or national origin, religion andbelief and provide effective judicial and other remedies or redress, includingthrough the designation of national, independent, specialised bodies. Suchlegislation should embrace concepts of direct or indirect discrimination. Itshould cover such areas as employment, education, housing, health care, socialprotection and social security, social benefits, access to supply of goods andservices and to public places as well as access to citizenship. Thislegislation should clearly cover the functions of public bodies and authoritiessuch as law enforcement personnel, judges, prosecutors other components in thecriminal justice system, local authority enforcement powers health and safetybodies, child protection, detention under mental health legislation and taxcollection as well as the private sector;
82. States are urged, with regard to the procedural remedies provided for intheir domestic law, to bear in mind the following considerations: (a) access tosuch remedies should be as wide as possible; (b) the existing proceduralremedies must be made known in the context of the relevant action, and victimsof racial discrimination should be helped to avail themselves of them inaccordance with the particular case; (c) complaints of racial discriminationmust be settled as rapidly as possible, a reasonable time-limit being set forthe relevant inquiries; (d)[ indigent persons who are victims of racialdiscrimination should receive free legal assistance and aid where appropriatein the complaint proceedings and, where necessary, provided with the help of aninterpreter in civil and criminal cases;] (e) States should be urged to createnational bodies competent to investigate allegations of racial discrimination;(f) steps should be taken towards the enactment of legislation to penalizediscriminatory practices on grounds of race or ethnic origin and provide foradequate compensation of the victims; (g) access to legal remedies should befacilitated for victims of discrimination [and the legal capacity ofnon-governmental institutions or organizations to intervene on their behalfshould be recognized by means of legislative reforms]; programmes to enable themost vulnerable groups to have access to the legal system should be prepared;(h) States should consider establishing new structures of reviewing traditionalsystems of conflict resolution and mediation; (i) States should be encouragedto develop restorative justice policies and programmes that are respectful ofthe rights and needs of victims, offenders, communities and any other parties;(j) increased efforts should be undertaken to inform the public of theexistence of the complaints mechanism under Article 14 of the ICERD.
New 117. The World Conference urges States to ensure African peoples, inparticular African descendant women and children have access to education andnew technologies that offers them places at their disposal, adequate resourcesfor education and technological development and long distance learning in localcommunities. We further urge States to ensure that the history and contributionof African peoples be fully and accurately incorporated into the educationcurriculum at all levels.
Remedies, Reparations, Compensation
New 46. Request States which practised and benefited from the Trans-Atlanticslave trade and the system of enslavement of Africans to initiate aconstructive dialogue with people of African descent in order to identify andimplement measures for ethical and moral satisfaction and any others that maybe agreed;
82bis The World Conference urges Member States to reinforce the protectionagainst racism, racial discrimination, xenophobia and related intolerance byensuring that all persons have access to effective and adequate remedies andenjoy the right to seek from competent national tribunals and other nationalinstitutions just and adequate reparation and satisfaction for any damage asresult of such discrimination. It further underlines the importance of accessto the law and to the courts for complainants of racism and racialdiscrimination and draws attention to the need for judicial and other remediesto be made widely known, easily accessible, expeditious and not undulycomplicated.
83bis (merged) States shall assure to everyone within their jurisdictioneffective protection and remedies, through competent national tribunals andother state institutions, against acts of racial discrimination which violatehis or her human rights and fundamental freedoms contrary to the InternationalConvention on the Elimination of All Forms of Racial Discrimination and otherinternational human rights instruments, as well as the right to seek from suchtribunals just and adequate reparation or satisfaction for any damage sufferedas a result of such discrimination.
(Merger of 83bis and New 162)
New 163 merged The World Conference urges States to adopt the necessarymeasures, as provided by national law, to ensure the rights of victims toprompt, effective judicial and other appropriate remedies, adequate and fairreparation and compensation, to address acts of racism, racial discrimination,xenophobia and related intolerance, and effective measures designed to preventthe resurgence of such acts..
(Merger of New 163 and part 1 of 88)
New 156 merged The World Conference urges States to acknowledge that thecenturies long slave trade, enslavement and other forms of servitude ofAfricans, people of African descent and indigenous peoples have resulted insubstantial and lasting economic, political and cultural damage to thesepeoples and in the retardation of their institutions and societies, and thatjustice now requires that to alleviate the inequalities that still persistbecause of these shameful legacies, substantial national and internationalefforts be made. On a collective basis, such reparation should be in the formof enhanced policies, programmes and measures to be adopted by the States whichbenefited materially from these practices in order to rectify, inter alia,through affirmative action, the economic, cultural and political damage whichhas been inflicted on the affected communities and peoples in full implementationof 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 governmentswere involved in and profited materially from slavery, the slave trade, otherforms of servitude and colonialism to make a genuine effort to repair some ofthis damage by financing and implementing the following measures:
(a) The setting up of an international compensation scheme for victims of theslave trade and any other transnational racist policies and acts aimed atfulfilling the right to compensation, and of a development reparation fundfinanced also by those private sectors which had benefited directly orindirectly from transnational racist policies and acts to provide resources forthe development process in countries affected by colonialism.
(b) The improvement of the access to international markets of products fromcountries affected by the phenomenon of slavery, servitude and colonization,including the development and implementation of special and differentialtreatment in respect of the length of the adjustment periods in bilateral andmultilateral trade agreements that would establish a more equitable andsupportive international trade environment for States that are substantially populatedby people of African descent and indigenous peoples;
(c) The creation and implementation of a programme to restore the country oforigin the many invaluable art objects, historical artifacts and documents thathave been unjustly removed from Africa and the Americas and from peoples ofAfrica descent and indigenous peoples over the centuries and the provision offinancial and technical assistance to equip the relevant States with museumsand related facilities that will be required to properly conserve and store thesame;
(d) The creation and implementation of an Education Fund for inter alia, theprovision of an international scholarship programme in which a substantialnumber of scholarships will be made available to people of African descent andindigenous peoples in a wide range of disciplines at universities and othertertiary level institutions throughout the developed world and the Americas;
(e) A systematic programme of reform of the structures of the majormultilateral organizations in order to accord the States in the Americas thatare substantially populated by people of African descent and indigenous peoplesa greater and more equitable stake in the decision making process of thoseorganizations;
(Merger of New 166, 88bis2, and part 2 of 88)
New 161. Strongly urge States which pursued policies or practices based onracial or national superiority, such as colonial or other forms of aliendomination or foreign occupation, slavery, the slave trade and ethniccleansing, to assume their full responsibility therefor and provide prompt,adequate and fair reparation and compensation to those States, communities andindividuals who were victims of such policies or practices, regardless of whenthey were committed;
V. STRATEGIES TO ACHIEVE FULL AND EFFECTIVE EQUALITY, INCLUDINGINTERNATIONAL COOPERATION AND ENHANCEMENT OF THE UNITED NATIONS AND OTHERINTERNATIONAL MECHANISMS IN COMBATING RACISM, RACIAL DISCRIMINATION, XENOPHOBIAAND RELATED INTOLERANCE AND FOLLOW-UP
New 95 (merged) We call upon/urge States to apply diligently all commitmentsundertaken by them in the Declarations and Plans of Action of the regionalconferences at which they participated, and to formulate national human rightsstrategies and plans in compliance with the objectives set forth therein, andas provided for in other relevant instruments and decisions; and furtherrequest that, in cases where such national human rights strategies and plansalready exist, they incorporate in them the agreements arising from theregional conferences.
(Merger of New 3 and New 95)
New 31. Urge States to take measures to alleviate inequalities that stillpersist because of the shameful legacy of slavery;
New 88 (merged) Urge States that have not yet done so to consider acceding, asa matter of urgency, and without reservations, to the 1949 Geneva Conventionsand their two Additional Protocols of 1977, as well as to other treaties ofinternational humanitarian law and to enact, with the highest priority, appropriatelegislation, taking the measures required to give full effect to theirobligations under international humanitarian law, in particular in relation tothe rules prohibiting discrimination;
(Merger of New 88, New 87 and 1dbis)
New 89. The World Conference urges States in the region to develop cooperationprogrammes to promote equal opportunities for the benefit of indigenouspeoples, people of African descent, migrants and other victims of racism, andencourages to propose the creation of multilateral cooperation programmes withthe same objective;
New 92. The World Conference invites States to include the subject of thestruggle against racism, racial discrimination, xenophobia and relatedintolerance in the work programmes of the regional integration agencies and ofthe regional cross-boundary dialogue forums;
New 96. Urge the international community to take cognisance of the very realdifficulties that peoples of different racial and ethnic backgrounds inevitablyexperience in seeking to live together and to develop genuine harmoniousmultiracial societies. Also urge them to recognize that the art and technologyof developing multiracial and multicultural societies and the positive exampleof successful multiracial societies such as some of those in the Caribbean needto be systematically studied, and therefore request the United Nations toconsider establishing an international centre for multiracial and multiculturalstudies and policy development to undertake this critical work;
3c)bis (merged) The World Conference urges States to create conditions and totake action for the promotion and protection of the ethnic, cultural,linguistic and religious identity of persons belonging to national minoritieswhere such minorities exist. Furthermore it urges them to work in partnershipat the national, regional and international levels to develop appropriatepolicy tools that facilitate the development of legislation, policies andprogrammes that take into account ethnic, racial, linguistic, religious andcultural 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 theroot-causes such as poverty, underdevelopment and lack of equal opportunity,some of which may be associated with discriminatory practices, which makepersons, especially women and children, vulnerable to trafficking which maygive rise to racism, racial discrimination, xenophobia and related intolerance;ADOPTED at 2nd Prep Com
54bis3 The World Conference encourages Governments (States) in co-operationwith non-governmental organizations, to undertake campaigns aimed at clarifyingopportunities, limitations and rights in the event of migration so as to enablewomen to make informed decisions and to prevent them from becoming victims oftrafficking.
International Legal Framework
First part of 103 [The World Conference also reminds Governments of their withobligations under the International Covenant on Economic, Social and CulturalRights to promote economic, social and cultural rights through internationalcooperation and development.]
New 99. Urge States to continue cooperating with the Committee on theElimination of Racial Discrimination and other human rights treaty monitoringbodies in order to promote the effective implementation of these instrumentsand compliance with the recommendations adopted by these bodies concerningcomplaints of racism, racial discrimination, xenophobia and relatedintolerance, by means of an effective, constructive and transparent dialogue;
18. (e) [The resources of the Committee on the Elimination of RacialDiscrimination should be increased to enable it to] to discharge its mandateeffectively /act effectively in investigating fully any allegations of genocideor direct or public incitement to commit genocide brought to its knowledge byMember States, an international organization or a non-governmentalorganization, and to enable it to cooperate with early-warning and any goodoffices functions of the United Nations.]
38. (merged) [Recommends that human rights treaty bodies, in particular theCommittee on the Elimination of Racial Discrimination, the Committee on theElimination of All Forms of Discrimination against Women and the Committee onthe Rights of the Child when examining periodic reports of States [parties],pay special attention to gender issues equality and gender-baseddiscrimination, particularly the multiple [jeopardy] that occurs may be facedby women when gender, class, socio-economic status, race and ethnicity andother barriers intersect. Furthermore, given the increasing feminisation ofmigration, these treaty bodies should pay special attention to this area whenexamining periodic reports of States parties that are countries of originand/or destination. (Merger of 38 and first part of New 146)
New 54. Request States to participate in an ongoing regional dialogue onproblems of migration and call on them to negotiate bilateral and regionalagreements on migrant workers, and to promote contacts with States of otherregions to protect the rights of migrants from the Americas;
b)bis Calls on Governments to ensure that adequate resources are provided bythe 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 communityelaborate an international instrument of a binding character that preserves andpromotes the cultural diversity of states.
70. [The World Conference recommends that the United Nations elaborate aninternational instrument of a binding character defining the rights andobligations of persons belonging to minorities.]
Regional/International Cooperation
94bis1 The World Conference invites the Inter-Parliamentary Union to contributeto the activities of the International Year of Mobilization against Racism, RacialDiscrimination, Xenophobia and Related Intolerance by encouraging in nationalparliaments to review progress on the objectives of the World Conference.
56bis The World Conference urges States to support or otherwise establishregional, comprehensive dialogues on migration that focus not only on lawenforcement and border control, but also on the promotion and protection of thehuman rights of migrants and on the relationship between migration anddevelopment. The World Conference calls upon States to involve civil society inthese dialogues.
New 60. Call upon international organizations having areas dealing specificallywith migration issues to exchange information and coordinate their activitieson matters involving discrimination and xenophobia against migrants, with thesupport of the Office of the United Nations High Commissioner for Human Rights;
63bis Expressing its deep concern over the severity of humanitarian sufferingsof affected civilian population, the World Conference requests the relevantinternational institutions to continue rendering urgent financial andhumanitarian assistance to populations expelled from their homes and calls forenabling the refugees and internally displaced persons to return to their homesvoluntarily, in safety and dignity.
New 169. [Calls upon all relevant UN organs to endeavour to bring the foreignoccupation of Jerusalem by Israel together with all its racist practices to anend, and to ensure the recognition of Jerusalem as a city of reverence andreligious sanctity for the three major religions of the world which shouldserve as a focal point of historical and cultural inspiration, a symbol ofcivilization and religious dialogue and an epitome of tolerance and equality].
New 170. [Urges all States to refrain from taking any measure leading to therecognition of Jerusalem as the capital of Israel or of any measures aimed ataltering its geographic, demographic and institutional characteristics inviolation of the norms of international humanitarian law and relevant repeatedUN resolutions].
New 171. [Calls upon the international community to assume its responsibilitiesto provide the international protection for the Palestinian people underoccupation against any acts of racism, racial discrimination and denial offundamental human rights including the right to life, liberty andself-determination].
54bis2 The World Conference encourages Governments (States) to concludebilateral, sub-regional, regional and international agreements to address theproblem of trafficking in women and children, in particular girls.
[The World Conference encourages/urges all States to develop bilateraland cross-border multilateral and regional cooperation to eliminate traffickingin persons and smuggling of migrants.]
The World Conference calls upon States, as appropriate, to promote:
(a) Effective legal and judicial cooperation at the regional andinternational levels in combating acts of racism, [anti-Semitism], racialdiscrimination, and xenophobia and related intolerance to prevent theperpetrators of racist and xenophobic these acts from benefiting from the factthat offences are treated differently in various States;
(b) Exchanges at the regional and international levels among nationalindependent specialized bodies and other relevant independent bodies with amandate to that includes monitoring racism and racial discrimination;
(c) Exchanges at the regional and international levels among educationalauthorities and others involved in developing curricula incorporatinganti-racist and intercultural education;
(d) The building of networks for monitoring and information sharing,including an inventory of foundations, organizations and networks fightingracism.
92bis (merged) The World Conference urges States to support the activities ofregional bodies/centres, which combat racism, racial discrimination, xenophobiaand related intolerance where they exist in their region, and recommends theirestablishment in all regions. These bodies/centres may undertake the followingactivities amongst others: monitor the situation of racism, racialdiscrimination, xenophobia and related intolerance and of groups which arevictims thereof or vulnerable thereto and minorities, identify trends andissues/problems, disseminate and exchange information and build network tothese ends, highlight examples of good practice, organize awareness raisingcampaigns, develop proposals/solutions, where possible and appropriate, throughjoint efforts by/by co-ordinating with the United Nations, regionalorganizations, and Member States, [ undertake research and training studies,compile statistics, maintain databases and develop qualitative and quantitativeindicators to measure regional progress in the struggle against racism] ;
(Merger of 92 and 92bis)
New 172. Urge international organizations, within their mandates, to contributeto the fight against racism, racial discrimination, xenophobia and relatedintolerance.
New 151 (merged) The World Conference encourages/invites/urges/requests internationalfinancial institutions, including the World Bank, regional financialinstitutions and banks, development institutions and the operational programmesand agencies of the United Nations, in accordance with their mandates, regularbudgets 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 ofAfricans and people of African descent, indigenous peoples, migrants and otherethnic, racial, cultural, religious and linguistic groups or minorities, inorder to combat manifestations of racism, racial discrimination, xenophobia andrelated intolerance and to include such vulnerable groups at the stage of theirdevelopment and implementation of projects concerning them,
Further integrate human rights principles and norms into their policiesand programmes, (first part 103, page 84)
Include in their regular reporting to their boards of governorsinformation on their contributions to promoting the participation of people ofAfrican descent, indigenous peoples and other marginalized groups within theirorganizations, and information on their efforts to facilitate the participationof 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 toensure that these policies and practices contribute to the eradication ofracism, 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 theChairperson of the World Conference, composed of five eminent persons from thedifferent regions, appointed by the Secretary-General after due consultationwith all regions. This mechanism will function in consultation with the HighCommissioner for Human Rights, the Committee on the Elimination of RacialDiscrimination and the Special Rapporteur on contemporary forms of racism,racial discrimination, xenophobia and related intolerance. This mechanism wouldbe entrusted with the supervision of the implementation of the Declaration andProgramme of Action to be adopted by the World Conference and to submit anannual report to the United Nations General Assembly;
(b) The establishment of an international mechanism observatory to monitorracially discriminatory attitudes and acts, individual or collective, privateor 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 organizationsworking in the field of combating racism, in collaboration with the Office ofthe High Commissioner for Human Rights, to receive and disseminate suchinformation to the widest possible extent;
The provision of legal and administrative support and advice to victimsof racial acts;
The preparation of an annual report on its activities to be submitted tothe Secretary-General;]
New 173. Recommend that high-level international meetings be held successively ineach 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, racialdiscrimination, xenophobia and related intolerance, the World Conference callsfor the continuation and expansion of the goodwill ambassadors programmeinitiated by the High Commissioner for Human Rights. It urges that goodwillambassadors be designated in all countries of the world to spearhead a cultureof tolerance, respect and human rights. It also calls for a special campaign topublicize and promote the work of the UN treaty bodies, including the Committeeon the Elimination of Racial Discrimination and the Committee on theElimination of Discrimination against Women.
35bis The Office of the High Commissioner Human Rights is invited, incooperation with the United Nations Educational, Scientific and CulturalOrganization, concerned specialized and regional organizations, nationalinstitutions and non-governmental organizations active in the field ofpromotion and protection of human rights, to undertake periodic consultationsand to encourage research activities aimed at collecting, maintaining andadapting the technical, scientific, educational and information materialsproduced by all cultures around the world to fight racism.
106. (merged) [The World Conference invites the United NationsSecretary-General and the High Commissioner for Human Rights to submit to theGeneral Assembly at its forthcoming session an action plan to increaseresources and activities of the Committee on the Elimination of RacialDiscrimination and for the establishment, within the Office of the HighCommissioner for Human Rights, of a unit devoted to the promotion of equalityand non-discrimination/of a fourth branch to foster activities to combatracism, racial discrimination, xenophobia and related intolerance and topromote the rights of indigenous people, people of African descent, migrantsand other ethnic, racial, cultural, religious and linguistic groups orminorities.]
(Merger of 106 and New 103)
New 59. Request the Office of the United Nations High Commissioner for HumanRights 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 ofappropriate cooperation agreements;
New 86. Invite States to request the Office of the United Nations HighCommissioner for Human Rights to develop and fund specific technicalcooperation projects aimed at combating racism, racial discrimination,xenophobia and related intolerance, and, if necessary, to assist them inseeking additional resources for carrying out projects of this type;
102. The World Conference:
(a) [Requests/Invites the Commission on Human Rights to include in themandates of all its/appropriate special procedures a request to report onproblems relating to racism, racial discrimination, xenophobia and relatedintolerance;]
(b) Calls upon Governments to cooperate with the appropriate specialprocedures of the Commission on Human Rights and other mechanisms of the UnitedNations in matters pertaining to racism, racial discrimination, xenophobia andrelated intolerance, in particular with the Special Rapporteurs and independentexperts on contemporary forms of racism, racial discrimination, xenophobia andrelated 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 ofhuman rights defenders, and with the Working Groups of the Sub-Commission onthe 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 preparecomplementary international standards to strengthen and update internationallegislation against racism, racial discrimination, xenophobia and relatedintolerance, including by drawing up an international code of ethics forcommunications media, especially the Internet, that includes specific measuresto 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 UnitedNations High Commissioner for Human Rights organize a database that can beconsulted via the Internet containing information on the struggle againstpractical means to address racism, racial discrimination, xenophobia andrelated intolerance, particularly in relation to international and regionalinstruments and national legislation in particular on legal means to combatracism in private relationships; remedies available through internationalmechanisms 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 specializeddocuments, and arrange for it to be made as accessible as possible to those inauthority and the public at large, through its website and by other appropriatemeans.] (Merger of New 104 and 108 c)
105. The United Nations should prepare and publicize a systematic collection ofnational antidiscrimination legislation, in particular with a view to informingthose in authority and the public at large of legal means to combat racialdiscrimination in private relationships, including any available legal andother remedies.
Decades
New 102. Urge States to adopt the corresponding decisions within the UnitedNations for the purpose of changing the pattern of financing the activities ofthe Third Decade to combat Racism and Racial Discrimination so that they can becovered 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 activitiesto be undertaken within the framework of the United Nations Decade for HumanRights Education.
New 72. The World Conference recommends that the General Assembly declare aUnited Nations Year or Decade against Trafficking in Persons, especially inWomen and Children.
94bis Urge States to promote the implementation of the Declaration andProgramme of Action on a Culture of Peace and the objectives of theInternational Decade for a Culture of Peace and Non-Violence for the Childrenof the World to begin in 2001.
Indigenous Peoples
79. The World Conference recommends the convening of an internationalconference on indigenous people at the end of the International Decade of theWorld’s Indigenous People (1995-2004). Seminar of experts for Latin America andCaribbean, Santiago (POASecr) /The World Conference urges States to convene aninternational conference on the right to self-determination, the ownership ofland and its natural resources at the end of the International Decade of theWorld’s Indigenous People.
80. (merged) The World Conference requests States to support the promptestablishment and future work of the Permanent Forum on Indigenous Issues andto provide adequate funding for the establishment of an operational frameworkand a firm basis for the future development of the Permanent Forum onIndigenous Issues within the United Nations system. (Merger of first part of 80and New 16)
Last part of 80 The World Conference urges the U.N. to ensure that the positionof Special Rapporteur on Indigenous Peoples is provided all necessary human andtechnical resources needed to fulfil its responsibilities and urges all statesto cooperate with the work of the Special Rapporteur.
New 15. (merged) The World Conference calls upon States to concludenegotiations and approve as soon as possible the text of the United NationsDeclaration on the Rights of Indigenous Peoples, under discussion by theWorking Group, in accordance with Commission on Human Rights resolution1995/32;
(Merger of New 15 and first part of 78)
Last part of 78. (merged) The draft O.A.S. Inter-American Declaration on theRights of Indigenous Peoples should also be pursued and adopted with the fullparticipation of indigenous peoples and non-governmental human rightsorganizations, and should not contain standards less protective than thosecontained 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 thenational and international level, to enhance their policies and measures toreduce income and wealth inequalities and to take appropriate stepsindividually and through international cooperation [ including through theprovision of additional resources required] to promote and protect economic,social and cultural rights on a non-discriminatory basis. ADOPTED by 2nd PrepCom
77bis2 The World Conference urges States and financial and developmentinstitutions to mitigate the negative effects of globalisation by examining howtheir policies and practices affect indigenous peoples by ensuring that theirpolicies and practices contribute to the eradication of racism through theparticipation of indigenous peoples in development projects in accordance withthe principle of informed consent; by democratising international financialinstitutions; by developing enforceable codes of conduct for transnationalcorporations; and by consulting with indigenous peoples in any matter that mayaffect their physical, spiritual or cultural integrity.
New 18. Invite financial and development institutions and the operational programmesand specialized agencies of the United Nations, in accordance with theirregular budgets and the procedures of their governing bodies:
(a) To assign greater priority and allocate more funding, within theirareas of competence, to the improvement of the status of indigenous peoples,with special attention to the needs of these populations in developingcountries, including, inter alia, the preparation of specific programmes ofInvite financial and development institutions and the operational programmesand action with a view to achieving the objectives of the International Decadeof the World’s Indigenous People;
To carry out special projects, through appropriate channels and incollaboration with indigenous peoples, to support their initiatives at thecommunity level and to facilitate the exchange of information and technicalknow-how between indigenous peoples and experts in these areas;
Civil Societies
34.(merged) Calls upon States to strengthen cooperation and regularly consultwith non-governmental organizations and other actors in civil society,harnessing their experience and expertise in developing governmentallegislation, policies and other initiatives, as well as involving them moreclosely in the elaboration and implementation of policies and programmesdesigned to combat racism and discrimination; (Merger of 34, 34bis1 and firstpart of 36bis)
36bis1 (merged) The World Conference urges leaders from the faith community toconfront the moral evil of racism, through, inter alia, promotion andsponsoring of new dialogue and partnerships to bring about racial healing andharmony, and invites the faith community to participate in promoting economicand community revitalization and encourages faith leaders to foster greatercooperation and contact between diverse racial groups. (36bis1 last part and 37bis)
45bis The World Conference urges States to establish and strengthen effectivepartnerships with and provide support, as appropriate, to all relevant actorsof civil society, including non-governmental organizations working to promotegender equality and advancement of women, particularly women subject tomultiple discrimination to promote an integrated and holistic approach to theelimination of all forms of discrimination against women and girls.
NGOs
37bis 1(merged) States should ensure that non-governmental organizations areenabled to function freely and openly within their societies and thereby makean effective contribution to the elimination of racism, and racialdiscrimination, xenophobia and related intolerance throughout the world andpromote a wider role for grass roots organizations consisting of citizenvolunteers. (Merger of second part of 37 and 37bis1)
36bis The World Conference calls upon Governments to explore means to expandthe role of non-governmental organizations in society. Non-governmentalorganizations, consisting of voluntary associations, citizen’s groups, placesof worship, and other community groups, play a vital role in deepening the tiesof cooperation among citizens and promoting greater trust across racial andclass divides. By promoting wider citizen involvement and more voluntarycooperation, civic associations generate important social capital, includinggreater social cohesion and racial harmony and more durable democratic values.
Private Sector
New 111. To draft codes of conduct for enterprises and transnationals toprevent, address and eradicate racism, racial discrimination, xenophobia andrelated intolerance.
Youth
34bis (merged) Urges States to encourage the full and active participation aswell as involving more closely youth in the elaboration, planning andimplementation of activities to fight racism, racial discrimination, xenophobiaand related intolerance, and furthermore calls upon States, in partnership withnon-governmental organizations, civil society and the private sector, tofacilitate an both national and international youth dialogue on racism, racialdiscrimination, xenophobia and related intolerance, through the World Youth Forumof the United Nations system and through the use of new technologies, exchangesand other means. (Merger of 34bis and 35)
Source:UNO