DRAFT OUTCOME DOCUMENT OF THE DURBAN REVIEW CONFERENCE AS NEGOTIATED AND DRAFTED BY THE WORKING GROUP - Draft Final Statement as of 14 April 2009
(As at 9 April 2009 at 6:00
p.m.)
SECTION
1:
Review of progress and
assessment of implementation of the Durban Declaration and Programme of Action
by all stakeholders at the national, regional and international levels,
including the assessment of contemporary manifestations of
racism, racial
discrimination, xenophobia and related intolerance
A. Sources,
causes, forms, and contemporary manifestations of racism, racial
discrimination, xenophobia and related intolerance
1.
Reaffirms the Durban Declaration and Programme of Action (DDPA), as it was
adopted at the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance in 2001; [adopted ad
ref]
2. Welcomes the efforts undertaken
at all levels since the adoption of the Durban Declaration and Programme of
Action to implement its provisions;
3. Expresses concern that the
obstacles identified in the Durban Declaration and Programme of Action remain
to be overcome in order to eradicate, prevent and combat effectively racism,
racial discrimination, xenophobia and related intolerance and that there are
still many areas where achievements have not been gained or further
improvements have to be attained;
4. Emphasizes the need to continue
addressing with even more resolve all forms and manifestations of racism,
racial discrimination, xenophobia and related intolerance in all parts of the
world and in all spheres of life;
5. Reaffirms that all peoples and
individuals constitute one human family, rich in diversity, and that all human
beings are born free and equal in dignity and rights; and strongly rejects any
doctrine of racial superiority along with theories which attempt to determine
the existence of so-called distinct human races; [adopted ad
ref]
6.
Reiterates that poverty, underdevelopment, marginalization, social exclusion
and economic disparities are closely associated with racism, racial
discrimination, xenophobia and related intolerance and contribute to the
persistence of racist attitudes and practices which in turn generate more
poverty;
7. Reaffirms the responsibility of
Governments for safeguarding and protecting the rights of individuals within
their jurisdiction against crimes perpetrated by racist or xenophobic
individuals or groups or agents of the State;
8. Condemns legislation and
practices based on racism, racial discrimination, xenophobia and related
intolerance as incompatible with democracy and transparent and accountable
governance;
9. Reaffirms that democracy and
transparent, responsible, accountable and participatory governance at the
national, regional and international level, responsive to the needs and
aspirations of the people, are essential to effectively prevent, combat and
eradicate racism, racial discrimination, xenophobia and related
intolerance;
10.
Recognizes with deep concern the negative stereotyping of religions and the
global rise in the number of incidents of racial or religious intolerance and
violence, including Islamophobia, anti-Semitism, Christianophobia and
anti-Arabism;
11.
Reaffirms that any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be
prohibited by law, as well as the dissemination of ideas based on racial
superiority and hatred and acts of violence and incitement to such acts, and
that these prohibitions are consistent with freedom of opinion and
expression;
12.
Recognizes that racism, racial discrimination, xenophobia and related
intolerance are still among the root causes of armed conflict and very often
one of its consequences and deplores the occurrences of armed conflicts as well
as ethnic or religious violence, and notes, in this respect, paragraphs 138 and
139 of the 2005 World Summit outcome;
13.
Reaffirms that the principles of equality and non-discrimination are
fundamental principles of international human rights law and international
humanitarian law that are essential in the fight against racism, racial
discrimination, xenophobia and related intolerance;
B. Victims of racism, racial
discrimination, xenophobia and related intolerance
14.
Acknowledges that there should be no hierarchy among potential victims of
racism, racial discrimination, xenophobia and related intolerance and that all
victims should receive the same attention, the necessary protection and
accordingly appropriate treatment;
15.
Expresses its appreciation for progress made in addressing the situation of the
victims of racism, racial discrimination, xenophobia and related intolerance
identified in the Durban Declaration and Programme of Action, while regretting
that racism, racial discrimination, xenophobia and related intolerance still
persist;
C.
Measures of prevention,
education and protection aimed at the eradication of racism, racial
discrimination, xenophobia and related intolerance at all
levels
16. Recognizes that prevention,
combating and eradication of racism, racial discrimination, xenophobia and
related intolerance are of crucial importance and key elements for the
promotion of cohesion and peaceful resolution of community tensions;
17. Stresses the need to increase
appropriate preventive measures to eliminate all forms of racial
discrimination, and emphasizes the important role that Governments,
international and regional organizations, national human rights institutions,
the media, non-governmental organizations and civil society can play in
developing such measures; [adopted ad ref]
18. Notes with
appreciation the activities in some countries of independent information
networks on racism, racial discrimination, xenophobia and related intolerance
which collect relevant information and develop strategies to combat these
phenomena, while also highlighting and disseminating good practices which could
assist national bodies and institutions in the development of strategies to
combat and eradicate these phenomena;
19.
Welcomes preventive initiatives to tackle discrimination in employment such as,
inter alia, programmes for training and counselling of excluded persons
belonging to a minority to help them in the labour market, programmes for
employers to combat discrimination or to raise cultural awareness, some
examples of mentoring and of positive action in recruitment, and some further
experiments with contract compliance and anonymous job applications;
20.
Recognizes steps taken at national level to promote human rights education in
all parts of the world after the adoption in 2001 of the Durban Declaration and
Programme of Action, particularly in order to sensitize the public at large
with regard to the cultural
diversity;
21. Notes with appreciation the
increasing number of initiatives to promote intercultural dialogue and affirms
the need to intensify engagement between all interested parties in a
constructive and genuine dialogue rooted in mutual respect and understanding;
[adopted ad ref]
22. Welcomes the numerous
awareness-raising activities involving States aimed at the fight against
racism, racial discrimination, xenophobia and related intolerance, including
through financial support for the projects of civil society; [adopted
ad ref]
23. Notes with concern the
precarious situation of human rights defenders and non‑governmental
organizations, including anti-racist non-governmental organizations, which
undermines the struggle against racism, racial discrimination, xenophobia and
related intolerance;
D. Provision of effective
remedies, recourse, redress, and compensatory and other measures at all
levels
24. Welcomes
the adoption of legislation, at the national and regional levels, to address
discrimination and victimization in employment and training, the provision of
goods, facilities and services, education, housing and public
functions;
25. Recalls the importance of a
competent, independent and impartial judiciary to determine in a fair and
public procedure whether acts of racism, racial discrimination, xenophobia and
related intolerance are prohibited by international human rights law in order
to ensure effective remedies and adequate redress for the victims;
E. Strategies to achieve full
and effective equality, including international cooperation and enhancement of
the United Nations and other international mechanisms in combating racism,
racial discrimination, xenophobia and related
intolerance
26.
Reaffirms its call upon States to diligently apply all commitments resulting
from international and regional conferences in which they participated, and to
formulate national policies and action plans to combat racism, racial
discrimination, xenophobia and related intolerance;
SECTION 2:
Assessment of the effectiveness
of the existing Durban follow-up mechanisms and other
United Nations mechanisms
dealing with the issue of
racism, racial discrimination,
xenophobia and related intolerance in order to enhance them
27. Takes note
with appreciation of the efforts to prevent, combat and eradicate racism,
racial discrimination, xenophobia and related intolerance, undertaken by all
mechanisms established following the request of the WCAR, namely the
Intergovernmental Working Group on the effective implementation of the DDPA,
the Working Group of Experts on People of African descent and the Independent
Eminent Experts Group, and of the contributions they have made to implement the
DDPA; [adopted ad ref]
28. Welcomes
the important role played by the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance, and all
other relevant special procedures and mechanisms in the fight against racism,
racial discrimination, xenophobia and related intolerance and calls on States
to cooperate fully with these mechanisms; [adopted ad
ref]
29.
Acknowledges the need to enhance further the effectiveness of the mechanisms
dealing with or addressing racism, racial discrimination, xenophobia and
related intolerance, with a view to achieving better synergy, coordination,
coherence and complementarity in their work;
30. Takes
note with appreciation that the Ad Hoc Committee on the Elaboration of
International Complementary Standards convened its first session and agreed
upon a road map, with a view to achieving full implementation of paragraph 199
of the Durban Programme of Action;
31. Reaffirms
its support for the mandate of the Special Adviser of the Secretary-General on
the Prevention of Genocide, who acts, inter alia, as an early warning mechanism
to prevent potential situations that could result in genocide; [adopted
ad ref]
|
SECTION
3:
Promotion of the universal
ratification and implementation of the
International Convention on
the Elimination of All Forms of Racial Discrimination and proper consideration
of the recommendations of the
Committee on the Elimination
of Racial Discrimination (CERD)
|
General
32.
Reaffirms that the International Convention on the Elimination of All Forms of
Racial Discrimination is the principal international instrument to prevent,
combat and eradicate racism, racial discrimination, xenophobia and related
intolerance, including their contemporary forms;
33. Affirms
that full implementation of the Convention is fundamental for the global fight
against racism and racial discrimination;
34.
Welcomes the interpretation given by the Committee on the Elimination of Racial
Discrimination to the definition of the concept of racial discrimination as
contained in the Convention, so as to address multiple or aggravated forms of
discrimination;
Ratification
Ratification
35. Welcomes
the ratification of the ICERD by a number of countries since the 2001 World
Conference, while regretting that the goal of universal ratification by 2005
was not achieved; [adopted ad ref]
36. Renews
in this context its call to States that have not yet done so to ratify or to
accede to the Convention as a matter of high priority;
37. Reiterates
its call to States parties to the Convention to consider making the declaration
under its article 14 to enable victims to resort to the envisaged remedy, and
requests States parties that made the declaration
under article 14 to increase awareness of this procedure so as to fully exploit
its potential; [adopted ad ref]
38. Urges
States parties to the Convention to withdraw reservations contrary to the
object and purpose of the Convention and to consider withdrawing other
reservations;
Reporting
39. Expresses
its concern at the delays in the submission of reports by the States parties to
the CERD, which hinder the effective implementation of the Convention and
hamper the Committee’s operation and monitoring function and reiterates
that timely submission of reports by States parties is an obligation under
article 9 of the Convention, and urges States parties to comply with their
reporting obligations; [adopted ad ref]
40. Encourages
the States parties to include in their periodic reports information on action
plans or other measures to implement the Durban Declaration and Programme of
Action;
41.
Acknowledges that the reporting process should encourage and facilitate, at the
national level, public scrutiny of government policies and constructive
engagement with relevant civil society actors, conducted in a spirit of
cooperation and mutual respect, with the aim of advancing the enjoyment by all
of the rights protected by the Convention, and in this context encourages
States parties to engage with national human rights institutions and civil
society while preparing their periodic reports and their follow-up;
[adopted ad ref]
42. Encourages
non-governmental organizations to continue to provide the Committee with
relevant information for the reporting process; [adopted ad
ref]
Implementation
43. Notes
with appreciation the early warning and urgent action procedure, as well as the
follow-up procedure established by the CERD, which, applied in cooperation with
States concerned, can play a conducive role for a proper implementation of the
Convention; [adopted ad ref]
44. Emphasizes
the importance of setting up effective national monitoring and evaluation
mechanisms to ensure that all appropriate steps are taken to follow up on the
concluding observations and general recommendations of the Committee;
[adopted ad ref]
45. Emphasizes,
while acknowledging the primary responsibility of States to implement their
obligations under the Convention, that international cooperation and technical
assistance play an important role in assisting countries with the
implementation of their obligations under it and the follow-up to the
recommendations of Committee, and calls on the OHCHR to provide, upon request,
timely assistance to countries which have capacity and other constraints;
[adopted ad ref]
46. Stresses
the importance of and invites States parties to ratify the amendment to its
article 8, on the financing of the Convention, and requests that sufficient
additional resources be allocated for that purpose from the regular budget of
the United Nations, so that the Committee may discharge its mandate fully;
[adopted ad ref]
SECTION
4:
Identification and sharing
of best practices achieved at the national, regional and international levels
in the fight against racism, racial discrimination, xenophobia and related
intolerance
47. Takes note
with interest of examples of best practices at all levels provided by
Governments, regional and international organizations and other stakeholders,
including, inter alia, institutions, provisions and legislation to prevent,
combat and eradicate racism, racial discrimination, xenophobia and related
intolerance; [adopted ad ref]
48.
Recognizes that a broad sharing of best practices in all regions of the world,
aimed at preventing, combating and eradicating racism, racial discrimination,
xenophobia and related intolerance, can assist Governments, Parliaments, the
judiciary, social partners and civil society with the effective implementation
of the provisions of the DDPA, when considered appropriate to adapt or
replicate best practices, including international cooperation; [adopted
ad ref]
49. Recommends
that examples of best practices provided for by Governments, regional and
international organizations and other stakeholders be placed on the website of
the OHCHR and linked to the section on the outcome of Durban Review Conference,
with a view to their adaptation and replication, and recommends that the
website be duly and timely updated by OHCHR; [adopted ad
ref]
SECTION
5:
Identification of further
concrete measures and initiatives at all levels
for combating and
eliminating all manifestations of
racism, racial
discrimination, xenophobia and related intolerance,
in order to foster the
implementation of the DDPA and to address challenges and impediments hereto,
including in light of developments since its adoption in
2001
General
50.
Stresses the need for a comprehensive and universal approach to preventing,
combating and eradicating racism, racial discrimination, xenophobia and related
intolerance in all parts of the world;
51.
Stresses the need for advocating and mobilizing the political will of relevant
actors at all levels to eliminate racism, racial discrimination, xenophobia and
related intolerance;
52.
Calls on States to undertake effective media campaigns to
enhance the struggle against all manifestations of racism, racial
discrimination, xenophobia and related intolerance, inter alia, by
disseminating and giving adequate visibility to the DDPA and its follow-up
mechanisms; [adopted ad ref]
Action at the national
level
53. Calls on
States to take effective, tangible and comprehensive measures to prevent,
combat and eradicate all forms and manifestations; [adopted ad
ref]
54. Calls
on States to combat impunity for acts of racism, racial discrimination,
xenophobia and related intolerance, to secure expeditious access to justice,
and to provide fair and adequate redress for victims; [adopted ad
ref]
55.
Reaffirms the positive role that the exercise of the right to freedom of
opinion and expression, as well as the full respect for the freedom to seek,
receive and impart information can play in combating racism, racial
discrimination, xenophobia and related intolerance;
56.
Stresses that the right to freedom of opinion and expression constitutes one of
the essential foundations of a democratic, pluralistic society, since it
ensures access to a multitude of ideas and views;
57. Invites
Governments and their law enforcement agencies to collect reliable information
on hate crimes in order to strengthen their efforts to combat racism, racial
discrimination, xenophobia and related intolerance; [adopted ad
ref]
58. Urges
States to punish violent, racist and xenophobic activities by groups that are
based on neo-Nazi, neo-Fascist and other violent national ideologies;
[adopted ad ref]
59. Reiterates
its call on developed States, the United Nations and its specialized agencies,
as well as international financial institutions, to honour the commitments
contained in paragraphs 157, 158 and 159 of the Durban Declaration and
Programme of Action;
60.
Welcomes actions undertaken to honour the memory of the victims of slavery and
the slave trades, in particular the transatlantic slave trade, apartheid,
colonialism and genocide;
61. Notes
actions of those countries that have, in the context of these past tragedies,
expressed remorse, offered apologies, and/or restituted cultural artefacts
since the adoption of the Durban Declaration and Programme of Action, and calls
on those who have not yet contributed to restoring the dignity of the victims
to find appropriate ways to do so;
62. Urges
States to implement General Assembly resolutions 61/19 and 62/122 on the
transatlantic slave trade;
63. Urges
States to combat impunity for crimes of genocide in accordance with
international law, and in this context urges States to cooperate fully with
international criminal tribunals;
64. Recalls
that the Holocaust must never be forgotten, and in this context urges all
Member States to implement General Assembly resolutions 60/7 and
61/255;
65. Calls
upon States to ensure that any measures taken in the fight against terrorism
are implemented in full respect of all human rights, in particular the
principle of non-discrimination;
66.
Expresses its concern over the rise in recent years of acts of incitement to
hatred, which have targeted and severely affected racial and religious
communities and persons belonging to racial and religious minorities, whether
involving the use of print, audio-visual or electronic media or any other
means, and emanating from a variety of sources;
67.
Resolves to fully and effectively enact and implement the prohibition of
advocacy of national, racial, or religious hatred that constitutes incitement
to discrimination, hostility or violence through all necessary legislative,
policy and judicial measures;
68. Urges
States to bolster measures to eliminate the barriers and to broaden access to
opportunities for greater and more meaningful participation by people of
African and Asian descent, indigenous peoples and persons belonging to national
or ethnic, religious and linguistic minorities in the political, economic,
social and cultural spheres of society, and to grant special attention to the
situation of women, in particular their practical incorporation into the labour
market and in income and employment-generation programmes; [adopted ad
ref]
69. Urges
States to adopt a social and human rights perspective when tackling the
violence experienced by indigenous youth and youth of African descent,
particularly in the peri-urban areas of major cities, and to focus on
strengthening social capital, granting assistance to, and building the capacity
of indigenous youth and youth of African descent; [adopted ad
ref]
70. Urges
States to direct their affirmative or positive actions, strategies and
measures, as well as new investments in health care, public health, education,
electricity, drinking water and environmental control, to communities of
African descent and indigenous peoples;
71. Welcomes
the adoption of the UN Declaration on the rights of indigenous peoples which
has a positive impact on the protection of victims and, in this context, urges
States to take all necessary measures to implement the rights of indigenous
peoples in accordance with international human rights instruments without
discrimination; [adopted ad ref]
72. Welcomes
the entry into force of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families and urges States to
step up efforts to protect the human rights of all migrants regardless of their
immigration status; [adopted ad ref]
73. Urges
States to prevent manifestations of racism, racial discrimination, xenophobia
and related intolerance at country border entry areas, in particular
vis-à-vis immigrants, refugees and asylum seekers, and in this context
encourages States to formulate and implement training programmes for law
enforcement, immigration and border officials, prosecutors and service
providers, with a view to sensitizing them to racism, racial discrimination,
xenophobia and related intolerance; [adopted ad
ref]
74. Urges States to take measures to combat the
persistence of xenophobic attitudes towards and negative stereotyping of
non-citizens, including by politicians, law enforcement and immigration
officials and in the media, that have led to xenophobic violence, killings and
the targeting of migrants, refugees and asylum-seekers;
75. Urges States to adopt a comprehensive and
balanced approach to migration, including by strengthening the international
dialogue on migration, by developing real partnerships between countries of
origin, transit and destination, and by exploring all possible synergies
between the management of migration and the promotion of
development;
76. Renews
the call on all States to review and, if necessary, to revise immigration
policies inconsistent with international human rights obligations, with a view
to eliminating all discriminatory policies and practices;
77. Urges
States that have not yet done so to adopt and enforce legislation to protect
migrant domestic workers, regardless of their immigration status, in particular
women, and to grant migrant workers in domestic service access to transparent
mechanisms for bringing complaints against employers, while stressing that such
instruments should not punish migrant workers, and calls on States to promptly
investigate and punish all abuses, including ill-treatment; [adopted ad
ref]
78. Reiterates that the national, regional and
international response and policies, including financial assistance, towards
refugee and internal displacement situations in different parts of the world,
should not be guided by any form of discrimination prohibited by international
law and urges the international community to take concrete action to meet the
protection and assistance needs of refugees, and to contribute generously to
projects and programmes aimed at alleviating their plight and finding durable
solutions;
79. Urges
States to step up their efforts to combat racism, racial discrimination,
xenophobia and related intolerance and to protect the human rights of
internally displaced persons, to use comprehensive and rights-based strategies
to discharge their obligations, and to provide internally displaced persons
with protection, assistance and specialized public care; and further urges
States to seek lasting solutions for the internally displaced, which may
include their safe return, resettlement or reintegration in dignified
conditions and in accordance with their own will; [adopted ad
ref]
80. Affirms
that the existence and the national or ethnic, cultural, religious and
linguistic identity of minorities shall be protected, and that the persons
belonging to these minorities should be treated equally and enjoy human rights
and fundamental freedoms without discrimination of any kind; [adopted
ad ref]
81. Urges
States to refrain from taking discriminatory measures and from enacting or
maintaining legislation that would arbitrarily deprive persons of their
nationality, especially if such measures and legislation render a person
stateless; [adopted ad ref]
82. Recognizes
with deep concern the persistence of racism, racial discrimination, xenophobia
and related intolerance against Roma/Gypsies/Sinti/Travellers, and the violence
affecting these communities and urges States to take concrete measures to
prevent, combat and eradicate these scourges and to provide access to just and
effective remedies and special protection to the victims; [adopted ad
ref]
83. Notes with concern the increased number of
instances of discrimination on multiple grounds and reiterates that such
discrimination, as laid down in the Durban
Declaration and Programme of Action, affects the enjoyment of human rights and
can lead to particular targeting or vulnerability, in particular of women and
girls, and urges States to adopt or strengthen programmes or measures to
eradicate multiple and aggravated forms of discrimination, in particular by
adopting or improving penal or civil legislation to address these
phenomena;
84. Expresses
concern at the persistence of discrimination against women and girls on the
grounds of race, racial discrimination, xenophobia and related intolerance and
stresses the urgent need to combat such discrimination by prioritizing the
development of a systematic and consistent approach to identifying, evaluating,
monitoring and eliminating such discrimination against women and girls, in
accordance with the DDPA; [adopted ad ref]
85. Stresses,
in the context of multiple discrimination, the need to treat all forms of
violence against women and violence against children as a criminal offence,
punishable by law, as well as the duty to provide access to just and effective
remedies, and the importance of providing specialized assistance and
rehabilitation to victims, including medical and psychological assistance and
effective counseling;
86. Calls upon
States to review, as a matter of priority, the extent to which they have
adopted and implemented policies, programmes and specific measures to
incorporate a gender perspective in all programmes and plans of action to
combat racism, racial discrimination, xenophobia and related intolerance and
invites States to include an assessment of the effectiveness of such programmes
and plans of action in reports to relevant treaty bodies; [adopted ad
ref]
87.
Acknowledges that although all children are vulnerable to violence, some
children, because of, inter alia, their gender, race, ethnic origin, physical
or mental ability, or social status, are especially vulnerable, and in this
context calls upon States to address the special needs of unaccompanied migrant
and refugee children and to combat the sexual exploitation of children;
[adopted ad ref]
88. Recognizes
that victims of slavery and slavery-like practices, including contemporary
forms of slavery, debt bondage, sexual exploitation or labour exploitation, are
particularly exposed to racism, racial discrimination, xenophobia and related
intolerance, and that women and girls often suffer multiple forms of
discrimination, victimization, and violence; and stresses, in this regard, that
contemporary forms and manifestations of slavery need to be investigated by
different stakeholders and given greater prominence and priority if these
practices are to be eradicated once and for all; [adopted ad
ref]
89. Urges
States to enact and implement legislation, and to devise, enforce, and
strengthen national,
regional and global action plans that integrate a human
rights perspective, in particular accounting for gender and age, to combat and
eliminate all forms of trafficking in persons, particularly of women and
children and other vulnerable groups, taking into account the practices that
endanger human lives or lead to various forms of slavery and exploitation, such
as debt bondage, child pornography and sexual exploitation and forced labour;
[adopted ad ref]
90. Urges
States to strengthen bilateral, sub-regional, regional and international
cooperation on trafficking in persons, especially women and children, and to
facilitate the work of the Special Rapporteur on trafficking in persons,
especially in women and children, and of non-governmental organizations that
provide assistance to victims; [adopted ad ref]
91. Urges
States in which the victimization of trafficked persons occurs to ensure the
protection of and assistance to the victims of trafficking with full respect
for their human rights, and to actively promote the rehabilitation of the
victims of trafficking by providing them with access to adequate physical and
psychological care and services, including those related to HIV/AIDS, as well
as shelter, legal assistance and helplines, and to facilitate their safe and
dignified return to the countries of origin; [adopted ad
ref]
92. Notes
progress in the adoption of policies and programmes to improve the prevention
and treatment of HIV/AIDS, especially among populations at higher risk of
exposure, and to eradicate multiple discrimination against persons living with
and affected by HIV/AIDS, and recommends that States guarantee universal and
effective accessto all health services, including medications at affordable
prices, particularly those required for the prevention, diagnosis, and
treatment of HIV/AIDS, malaria, tuberculosis and other pandemics, and intensify
research in vaccines as appropriate; [adopted ad
ref]
93. Welcomes the entry into force of the Convention on the
Rights of Persons with Disabilities and its Optional Protocol, and urges States
to effectively address the difficult conditions faced by persons with
disabilities who are subject to multiple or aggravated forms of
discrimination; 94. Urges States to consider signing
and ratifying or acceding to all instruments mentioned in paragraph 78 of the
Durban Declaration and Programme of Action;
95. Urges
States to consider signing and ratifying or acceding to all instruments adopted
after the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, including
a) Convention on
the Rights of Persons with Disabilities and its Optional Protocol;
b) Optional Protocol
to the International Covenant on Economic, Social and Cultural
Rights;
c) Convention on
the Protection and Promotion of the Diversity of Cultural Expressions;
[adopted ad ref]
96. Urges States to combat impunity for crimes with racist
or xenophobic motivations, including through adopting appropriate legislation,
as well as by amending, rescinding or nullifying any laws and regulations which
create or perpetuate racism, racial discrimination, xenophobia and related
intolerance;
97. Calls upon States, in accordance with their
human rights obligations, to declare illegal and to prohibit by law all
organizations based on ideas or theories
of superiority of one race or group of persons of one colour or ethnic origin,
or which attempt to justify or promote national, racial and religious hatred
and discrimination in any form, and to adopt immediate and positive measures
designed to eradicate all incitement to, or acts of, such
discrimination;
98. Urges
States to ensure that everyone within their jurisdiction, including victims of
racism, racial discrimination, xenophobia and related intolerance enjoys access
to justice, as well as access to appropriate State institutions and mechanisms
in order to seek recognition of wrong-doing and just, fair and adequate
reparation or satisfaction for any damage suffered, and stresses the importance
of providing specialized assistance to victims, including medical and
psychological assistance, as well as necessary counseling and draws attention
to the need to increase awareness of judicial recourse and other existing legal
remedies and for these to be readily and easily accessible; [adopted ad
ref]
99. Calls on
States to ensure that investigations of all acts of racism and racial
discrimination, in particular those committed by law enforcement officials, are
carried out in an impartial, timely and exhaustive manner, that those
responsible are brought to justice in accordance with the law, and that victims
receive prompt, just and adequate reparation or satisfaction for any damage;
[adopted ad ref]
100. Calls upon States to refrain from profiling on racial, ethnic,
religious and/or other grounds prohibited by international law, and to prohibit
such profiling in its national legislation; 101. Recommends
that States that have not yet done so establish mechanisms to collect, compile,
analyse, disseminate and publish reliable and disaggregated statistical data,
and undertake all other related measures necessary to regularly assess the
situation of individuals and groups of individuals who are victims of racism,
racial discrimination, xenophobia and related intolerance, in accordance with
the Durban Declaration and Programme of Action;
102. Requests States,
with the assistance of OHCHR, to develop a system of data collection, including
equal-opportunity and non-discrimination indicators that, upholding the right
to privacy and the principle of self-identification, makes it possible to
assess and guide the formulation of policies and actions to eradicate racism,
racial discrimination, xenophobia and related intolerance;
103. Urges States to
establish national programmes that facilitate the access of all to
basic social services without discrimination;
[adopted ad ref]
104. Reaffirms that the
eradication of racism, racial discrimination, xenophobia and related
intolerance should aim not only at promoting equality and eliminating
discrimination but also at promoting interaction, social harmony and
integration, respect for tolerance and diversity among ethnic, cultural and
religious communities; [adopted ad ref]
105. Encourages
States to develop national capacity for human rights education, training
activities and public information, by involving national human rights
institutions, non-governmental organizations and other relevant stakeholders in
order to combat racism, racial discrimination, xenophobia and related
intolerance, in line with the Plan of Action of the World Programme for Human
Rights Education; [adopted ad ref]
106. Encourages all
States and relevant international organizations to initiate and develop
cultural and educational programmes aimed at countering racism, racial
discrimination, xenophobia and related intolerance and enhancing mutual
understanding among various cultures and civilizations; [adopted ad
ref]
107. Calls upon States to
implement cultural rights through the promotion of intercultural and
inter-religious dialogue and cooperation at all levels, especially the local
and grass-roots levels; [adopted ad ref]
108. Urges States to
encourage political parties to work towards fair representation of national or
ethnic, religious and linguistic minorities within and at all levels of their
party system, to ensure that their political and legal systems reflect the
multicultural diversity of their societies, and to develop more participatory
democratic institutions in order to avoid the discrimination, marginalization
and exclusion of specific sectors of society; [adopted ad
ref]
109. Urges States to
improve democratic institutions, to increase participation, and to avoid
marginalization, exclusion of and discrimination against specific sectors of
society; [adopted ad ref]
110. Encourages
Parliaments to regularly address the issue of racism, racial discrimination,
xenophobia and related intolerance, with a view to consolidating their
legislation, including anti-discrimination legislation, and to enhance policies
to fight racism, racial discrimination, xenophobia and related intolerance;
[adopted ad ref]
111. Encourages States to adopt strategies, programmes and policies,
including, inter alia, affirmative or positive actions and strategies or
measures, to enable the victims of racism, racial discrimination, xenophobia
and related intolerance to fully realize their civil, cultural, economic,
political, and social rights, including through improved access to political,
judicial and administrative institutions, and to grant them greater opportunity
to participate fully in all spheres of life of the societies in which they
live;
112. Urges all States
that have not developed and/or implemented national action plans to combat
racism, racial discrimination, xenophobia and related intolerance to elaborate
such plans and monitor their implementation in consultation with relevant
stakeholders, including in particular national human
rights institutions and civil society; [adopted ad
ref]
113. Calls on States,
when implementing paragraph 90 of the DDPA, to ensure that national human
rights institutions have focal points on racism, racial discrimination,
xenophobia and related intolerance, as well as the capacity to contribute to
effective remedies to victims; [adopted ad ref]
114. Calls on States that
have not yet done so to establish and equip specialized bodies and mechanisms
for the implementation of public policies to eradicate racism, racial
discrimination, xenophobia and related intolerance, and to promote racial
equality with suitable financial resources, capability and capacity to survey,
investigate, educate and undertake public awareness-raising activities;
[adopted ad ref]
115. Requests
all States to protect human rights defenders, in particular those working on
racism, racial discrimination, xenophobia and related intolerance, to lift any
impediments to their effective functioning which are inconsistent with
international human rights standards and norms, and to allow them to work
freely for the promotion and protection of human rights;
116. Invites
States to provide and, where appropriate, to increase funding for civil society
organizations to bolster their work against racism, racial discrimination,
xenophobia and related intolerance;
117. Recognizes the
valuable role played by regional and sub-regional organizations, institutions
and initiatives in the struggle against racism, racial discrimination,
xenophobia and related intolerance, including through their complaint
mechanisms, and encourages the establishment or strengthening of regional
mechanisms to examine the effectiveness of measures taken to prevent, combat
and eradicate these scourges; [adopted ad ref]
118. Recommends that
States, regional and international organizations establish independent bodies,
where they do not already exist, to receive complaints from victims of racism,
racial discrimination, xenophobia and related intolerance, inter alia,
regarding discrimination in housing, education, health, employment, or access
hereto, as well as other human rights; [adopted ad
ref]
119. Commends media organizations that have elaborated voluntary ethical codes
of conduct aimed at, inter alia, meeting the goals defined in paragraph 144 of
the Durban Programme of Action, and encourages consultations among media
professionals through relevant associations and organizations at the national,
regional and international levels, with the assistance of OHCHR, with a view to
exchanging views on this subject and sharing best practices, taking into
account the independence of the media and international human rights standards
and norms;
Action at the international
level
120. Re-emphasizes the
importance of enhancing international cooperation to achieve the goals
identified in the DDPA with a view to combating, preventing and eradicating
racism, racial discrimination, xenophobia and related intolerance;
[adopted ad ref]
121. Encourages States to
include in their national reports to the universal periodic review mechanism of
the Human Rights Council information on measures to prevent and combat racism,
racial discrimination, xenophobia and related intolerance; [adopted ad
ref]
122. Invites the Human Rights Council, its special procedures and
mechanisms, as well as relevant treaty bodies, within their respective
mandates, to take into account the Durban Declaration and Programme of Action
and the outcome of the Review Conference; 123. Recommends
that the Human Rights Council ensure synergy in the work of the follow‑up
mechanisms established by the Durban Declaration and Programme of Action under
the auspices of the Intergovernmental Working Group on the effective
implementation of the Durban Declaration and Programme of Action, with a view
to improving the effectiveness of the follow‑up mechanisms; and, in
connection herewith recommends that the Working Group of Experts on People of
African Descent focus on undertaking field visits and report to the
Intergovernmental Working Group, and that the Independent Eminent Experts
provide their individual expert advice upon request of the Intergovernmental
Working Group or the High Commissioner for Human Rights;
124. Request the Human
Rights Council to continue promoting intercultural and interreligious dialogue
with enhanced participation of all stakeholders, including from the grass-roots
level; [adopted ad ref]
125. Urges all
international sporting bodies to promote, through their national, regional and
international federations, a world of sports free from racism, racial
discrimination, xenophobia and related intolerance; [adopted ad
ref]
126. Invites the
Fédération Internationale de Football Association, in connection with
the 2010 Football World Cup tournament to be held in South Africa, to introduce
a visible theme on non-racism in football and requests the High Commissioner
for Human Rights in her capacity as Secretary-General of the Durban Review
Conference to bring this invitation to the attention of the
Fédération and to bring the issue of racism in sport to the attention
of other relevant international sporting bodies; [adopted ad
ref]
Action by the Office of the
High Commissioner for Human Rights and the United Nations
system
127. Invites the High
Commissioner for Human Rights to further increase awareness of the struggle
against racism, racial discrimination, xenophobia and related intolerance,
including the awareness of the relevant mechanisms and bodies, through the
appropriate activities and programmes of OHCHR; [adopted ad
ref]
128. Reiterates its call
on OHCHR to continue its efforts to increase awareness and support for the work
of the Committee on the Elimination of Racial Discrimination, as part of the
overall endeavor to strengthen the work of the treaty bodies; [adopted
ad ref]
129. Encourages OHCHR to
continue to provide support to the mechanisms of the Human Rights Council to
monitor the implementation of the DDPA; [adopted ad
ref]
130. Request the High
Commissioner for Human Rights to continue fully and effectively implement the
mandate given to OHCHR in the DDPA; [adopted ad
ref]
131. Welcomes the proposal of the High Commissioner for Human Rights
and recommends the establishment of a United Nations observatory on racism,
with a view to, inter alia, improving the gathering, analysis and
dissemination of information, in collaboration with relevant national, regional
and international bodies;
132. Invites OHCHR, in cooperation with regional stakeholders in all
parts of the world, to organize a series of expert workshops to attain a better
understanding of the legislative patterns, judicial practices and national
policies in the different regions of the world with regard to the concept of
incitement to hatred, as stipulated in article 20 of the International Covenant
on Civil and Political Rights, in order to arrive at a comprehensive picture of
the implementation of the prohibition of incitement with a view to remedying
any possible substantive or implementation gaps;
133. Encourages OHCHR to
intensify its collaboration with international and regional bodies dealing with
the fight against racism, racial discrimination, xenophobia and related
intolerance; [adopted ad ref]
134. Welcomes the intention of the High Commissioner for Human
Rights to lead in mainstreaming the implementation of the Durban Declaration
and Programme of Action into the activities of all relevant parts of the United
Nations and, in this regard, takes note with appreciation of the intention of
the High Commissioner to make its implementation a standing agenda item in her
high-level consultations with United Nations partners, to be followed up at the
working level by an inter-agency task force, working in collaboration with the
Intergovernmental Working Group on the effective implementation of the Durban
Declaration and Programme of Action;
135. Emphasizes the need
for the relevant UN bodies and specialized agencies to provide, within the
mainstreaming of the implementation of the DDPA, technical cooperation to
enhance its effective implementation, and in this context encourages States to
seek assistance to establish or improve national policy frameworks,
administrative structures and practical measures to give effect to the Durban
Programme of Action; [adopted ad ref]
136. Requests the Secretary-General to provide OHCHR with adequate
resources to continue to implement the Durban Declaration and Programme of
Action and to implement the outcome of the Review Conference in full, including
by strengthening its Anti‑Discrimination Unit with a view to, inter alia,
increasing national capacity to prevent, combat and eradicate racism, racial
discrimination, xenophobia and related intolerance through the provision of
targeted technical assistance, upon request;
137. Encourages Member
States to increase their voluntary contributions to OHCHR to enhance its
capacity to ensure the effective implementation of the DDPA at the national,
regional and international levels; [adopted ad ref]
138. Calls on OHCHR to
continue to support States, at their request, in the process of establishing
and strengthening national human rights institutions in compliance with the
Paris Principles, and in implementing national plans of action against racism,
racial discrimination, xenophobia and related intolerance; [adopted ad
ref]
139. Calls on Member
States to contribute to the Trust Fund for the Programme of the Decade to
Combat Racism and Racial Discrimination for, inter alia, the participation of
people of African descent, representatives of developing countries, especially
the least developed countries, non-governmental organizations and experts, in
the work of the Intergovernmental Working Group on the effective implementation
of the DDPA; [adopted ad ref]
140. Welcomes the
important role of the United Nations Educational Scientific and Cultural
Organization (UNESCO) and encourages it to pursue its work aimed at mobilizing
municipal authorities and local governments against racism, racial
discrimination, xenophobia and related intolerance, particularly through its
Coalition of Cities against Racism, Discrimination, Xenophobia and Related
Intolerance initiative and its integrated strategy to combat racism, racial
discrimination, xenophobia and related intolerance; [adopted ad
ref]
141. Calls on the United Nations system, in particular the
Department of Public Information of the Secretariat, to undertake effective
media campaigns to enhance the visibility of the message of the Durban
Declaration and Programme of Action and its follow-up mechanisms.
