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United Nations |
A |
| General Assembly |
Distr.: GENERAL
A/CONF.189/PC.3/
. July 2001
Original: ENGLISH
|
WORLD CONFERENCE AGAINST RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA
AND RELATED INTOLERANCE
Preparatory Committee
Third session
Geneva, 30 July -10 August 2001
Item
. of the provisional agenda
UNEDITED, NOT FINAL VERSION
DRAFT PROGRAMME OF ACTION FOR EQUALITY AND NON-
DISCRMINATION AGAINST RACISM, RACIAL DISCRIMINATION,
XENOPHOBIA AND RELATED INTOLERANCE
Proposals made by the Group of 21
This document contains the proposals of the Group of 21 for a draft Programme of
Action for the World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance. These proposals are submitted in accordance with the mandate of the
group as stipulated in Decision PC.2/3 adopted by the Second Session of the Preparatory
Committee on 1 June 2001. This document also includes the paragraphs that were adopted by
the Preparatory Committee on 1 June 2001.
I. SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF
RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
31. The World Conference urges States in their national efforts, and in
cooperation with other States, regional and international organizations and financial
institutions, to promote the use of public and private investment [in consultation with
the affected communities] in order to eradicate poverty, particularly in those areas in
which [list or generic description to replace : peoples and communities who are
victims of racism, racial discrimination and exclusion/indigenous peoples, people of
African descent, migrants and other ethnic, racial, cultural, religious and linguistic
groups or minorities] predominantly live. ADOPTED at 2nd PrepCom
56bis2 (merged) The World Conference urges States to:
Recognize that sexual violence committed by or with the acquiescence of
the State in the context of armed conflicts has been used as a tool of systematic forms of
discrimination, abuse and genocide, and when used against non-combatant populations on the
basis of race or ethnicity can/constitutes a serious violation of international law,
international humanitarian law, and a gross violation of human rights, and that the
intersection of race and gender makes women and girls particularly vulnerable to this type
of violence that is often related to racism, racial discrimination, xenophobia and related
intolerance;
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Ensure that perpetrators of sexual violence in armed conflicts and that
persons in authority who tolerate, aid, abet and consent to its use are identified,
investigated, prosecuted and punished.
(Merger of 56bis2, Alt. 56bis2 and Second Alt. 56bis2)
[New 157. The World Conference recognizes that slavery, the slave
trade, colonialism, and apartheid are major historical sources and manifestations of
racism, racial discrimination, xenophobia and related intolerance, and that Africans and
peoples of African descent, peoples of Asian descent and indigenous peoples and have been
and continue to be victims of their consequences, and urges States and the international
community to adopt appropriate remedial measures in order to halt and reverse the
consequent marginalization, poverty, under-development and socio-economic exclusion still
affecting many such peoples in many parts of the world, in particular in developing
countries.] ONGOING 2nd PrepCom
[New 157bis. The World Conference recognizes that foreign occupation,
especially when grave breaches of the 4th Geneva Convention of 1949 are
committed, is among the forms and sources of racial and discriminatory practices, and
urges the international community to take effective measures to protect peoples under
foreign occupation from such practices.] ONGOING 2nd PrepCom
New 47. Urge States that participate in or permit contemporary forms of
slavery-like practices to take all necessary and appropriate measures to end them and to
initiate constructive dialogue and implement measures with a view to correcting the
problem and the damage resulting from them;
II. VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED
INTOLERANCE
Sub-title: Victims: General
New 19. Urge States to take special measures to protect, in particular,
persons and groups vulnerable to, affected by, or victims of racism, racial
discrimination, xenophobia and related intolerance who are also subject to other/multiple
forms of discrimination [ on account of their gender, age,
national origin, sexual orientation, social or economic status, physical or mental
disability, state of health, religious belief or any other condition liable to give rise
to discrimination or economic status, physical or mental disability, state of health,
religious belief or any other condition liable to give rise to discrimination. ONGOING 2nd
Prep Com
New 19 Alt. Urges States to give special attention to the elaboration
of strategies, policies and programmes for persons subject to multiple discrimination
which combines racism and racial discrimination, xenophobia and related intolerance with
other forms of discrimination. ONGOING 2nd Prep Com
1e)bis1 The World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance calls upon Governments and States:
To ensure that our commitment to addressing past, present and future
manifestations of racism, racial discrimination, xenophobia and related intolerance,
vulnerable groups include, but are not limited to those who experience racism, racial
discrimination, xenophobia and related intolerance because of race, lineage, colour,
religion, culture, language or national or ethnic origin, aggravated by reasons of age,
gender, sexual orientation, disability or socio-economic status and should allow for the
inclusion of new groups who can become victims of racism, racial discrimination,
xenophobia and related intolerance.
New 23. Urges States to work [ nationally
and] in cooperation with other States and relevant regional and
international organizations and programmes to strengthen national mechanisms to promote
and protect the human rights of [ persons affected by,
vulnerable to, or] victims of racism, racial discrimination,
xenophobia and related intolerance who are infected, or presumably infected, with
pandemics such as HIV/AIDS and to take concrete measures, including preventive action,
appropriate access to medication and treatment, programmes of education, training and mass
media dissemination to eliminate violence, stigmatisation, discrimination, unemployment
and other negative consequences arising from these pandemics. ADOPTED at 2nd Prep Com
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Sub-title: Africans and People of African Descent
New 32. Urge States to facilitate the participation of people of
African descent in all political, economic, social and cultural aspects of society and in
the advancement and economic development of their countries, and to promote a greater
knowledge of and respect for their heritage and culture. ADOPTED at 2nd Prep Com
New 33. Request the Commission on Human Rights to positively consider
concentrating additional investments in health care systems, education, public health,
electricity, drinking water and environmental control as well as other affirmative action
initiatives in communities of primarily African descent.
ONGOING 2nd Prep Com
New 34. Call upon the United Nations, financial institutions and other
appropriate international mechanisms to develop programmes intended for people of African
descent in the Americas and around the world. ONGOING 2nd Prep Com
New 35. Request the Commission on Human Rights to consider the
establishment of a working group or other mechanism in the United Nations to study the
problems of racial discrimination faced by people of African descent living in the African
Diaspora, and make proposals for the elimination of racial discrimination against people
of African descent. ADOPTED at 2nd Prep Com
[ New 37. Encourages/invites/urges financial
and development institutions and the operational programmes and specialized agencies of
the United Nations, in accordance with their regular budgets and the procedures of their
governing bodies, to:
- Assign greater priority, and consider allocating more funding, within their areas of
competence and budgets, to improving the situation of Africans and people of African
descent1, while devoting special attention to the
needs of these populations in developing countries, including, inter alia, the preparation
of specific programmes of action;
- Carry out special projects, through appropriate channels and in collaboration with
Africans and people of African descent, to support their initiatives at the community
level and to facilitate the exchange of information and technical know-how between these
populations and experts in these areas;
- Develop programmes intended for people of African descent around the world concentrating
additional investments in health care systems, education, public health, electricity,
drinking water and environmental control, as well as other affirmative action initiatives.] ONGOING 2nd PrepCom
New 38. merged) Requests States to increase public actions and policies
in favour of women and young males of African descent, given that racism affects them more
deeply, placing them in a more marginalized and disadvantaged situation.
(Merger of New 38 and New 43)
New 117. The World Conference urges States to ensure African peoples,
in particular African descendant women and children have access to education and new
technologies that offers them places at their disposal, adequate resources for education
and technological development and long distance learning in local communities. We further
urge States to ensure that the history and contribution of African peoples be fully and
accurately incorporated into the education curriculum at all levels.
New 40. Encourage the public sector of States to identify the factors
which prevent the access to and promotion of people of African descent in the public
service and to take appropriate measures to remove the obstacles identified; also
encourage the private sector to revise its practices of personnel recruitment,
remuneration and promotion, with a view to securing the presence of people of African
descent at all levels of hierarchy;
New 41. Call upon States to take specific steps to ensure full and
effective access to the administration of justice of all citizens, particularly those of
African descent;
New 44. Urge States to find a solution to problems of ownership in
respect of land inhabited since ancestral times by people of African descent according to
their respective domestic legal framework, and to take steps to promote the comprehensive
development of the people of African descent who occupy that land;
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Sub-title: Indigenous
76 merged). The World Conference urges/requests States to:
- officially recognise the identity and rights of indigenous peoples2 within the framework of the territorial
integrity,3
- adopt or continue to apply, in agreement with them, constitutional, administrative,
legislative, judicial and all necessary measures to promote, protect and ensure the
enjoyment by indigenous peoples of their rights as well as guaranteeing them the exercise
of their human rights and fundamental freedoms, on the basis of equality,
non-discrimination and full and free participation in all areas of society, in particular
in matters affecting or concerning their interests,
- promote better knowledge of and respect for indigenous cultures and heritage.
It welcomes measures already taken by States in this respect.
(Merger of 76., New 9, 77. and New 10.)
New 12. Urge States to work with indigenous peoples to stimulate and
increase their economic activities and level of employment through the establishment,
acquisition or expansion of enterprises owned by indigenous peoples, and measures such as
training, technical assistance and credit facilities;
New 13. Urge States to work with indigenous peoples so as to establish
and implement programmes that provide access to training and services that could benefit
the development of their communities;
New 14 merged) The World Conference requests States to adopt public
policies and give impetus to programmes on behalf of indigenous women and girls, with a
view to promoting their civil, political, economic, social and cultural rights; to putting
an end to their situation of disadvantage for reasons of gender and race; to dealing with
urgent problems affecting them, in education, health, economy and in the matter of
violence against women, including domestic violence; and to eliminating/ending the
situation of aggravated discrimination suffered by indigenous women and girls on multiple
grounds of racism and gender discrimination.
(Merger of New 14 and 42bis1.)
76bis2 The World Conference urges States to officially recognize the
concept of peoples as subjects of law and guarantee indigenous peoples full and free
participation in all aspects of society, in particular at national, regional and
international forums dealing with their interests.
77bis The World Conference recommends that States examine, in
conformity with existing international standards, their constitutions, laws, legal
systems, and policies to identify and eradicate both explicit and inherent racism towards
Indigenous Peoples and individuals. Such racist laws and policies include, by way of
illustration: the doctrines of discovery and terra nullius; prohibitions against the
collective indigenous ownership of land; the doctrine that indigenous lands can be taken
without due process of law or adequate compensation; doctrines which provide for the
unilateral extinguishment of indigenous land rights and title; the presumption that
Indigenous Peoples do not own subsoil resources under their lands; doctrines that allow
concessions of indigenous resources without indigenous consultation or consent; the denial
of legal protection for indigenous religions and sacred sites and areas; denial of
religious freedom for indigenous prisoners; and discriminatory land claim processes.
77bis1 The World Conference strongly recommends that States renounce
laws and policies that deny or limit indigenous land and resource rights, including rights
to subsoil resources, and affirmatively recognize Indigenous Peoples as the rightful
managers of their land and resources. States should, in consultation with Indigenous
Peoples, initiate programs to demarcate and protect indigenous territories.
80bis The World Conference urges States to acknowledge and renounce
their discriminatory legal doctrines and attitudes concerning treaties between indigenous
nations and States and to take corrective actions related to the abrogation of treaty
rights and the recognition of the status of such treaties. Furthermore, the World
Conference should urge the implementation of the recommendations contained in the United
Nations Study on Treaties, Agreements, and Other Arrangements.
80bis1 The World Conference calls upon States and member nations to
honour and respect treaties with Indigenous Peoples as international agreements and to
accord them recognition, observance and enforcement according to their original spirit and
intent. Conflicts and disputes which cannot otherwise be settled should be submitted to
competent international bodies like the United Nations Permanent Forum for Indigenous
Peoples.
80bis2 The World Conference calls upon states to give full and
appropriate consideration to the recommendations produced by indigenous peoples in their
own forums on the WCAR.
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Sub-title: Migrants
New 50. Request all States to condemn any proposal that would lead to a
generalized rejection of migrants and actively to discourage all racist demonstrations
that generate negative feelings of rejection against migrants.
New 51. Urge non-governmental organizations and civil society to
include monitoring and protection of the human rights of migrants within their programmes
and activities and to make efforts to sensitize Governments and public opinion about the
need to prevent and punish unlawful acts based on racism, racial discrimination,
xenophobia and related intolerance.
New 53 merged) Requests States to fully and effectively promote and
protect the human rights and fundamental freedoms of all migrants, as reflected in the
Universal Declaration of Human Rights and the international human rights instruments to
which they are parties, regardless of their immigration status, and in particular those of
women, children and detainees, and to treat them with humanity and to give them legal
protection and, where appropriate, material assistance including health care, as well as
access to other social and economic rights, bearing in mind a gender perspective. They
should also furnish information and education on the rights of migrants and adopt and
promote integration policies.
(Merger of New 53, New 56, 54bis8 and New 131.)
13bis Encourages States to engage in information campaigns to ensure
that the public receives accurate information regarding migration issues, including the
contribution of migrants to the host society and the vulnerability of migrants in an
irregular situation.
New 133 (last part) . It further underlines that family reunification
has a positive effect on integration and calls upon states to facilitate family reunion,
with due regard to the need for an independent status on the part of family members.
New143 The World Conference underlines that family reunification has a
positive effect on integration and calls upon States to facilitate family reunion, with
due regard to the need for an independent status on the part of family members. The World
Conference urges all States to grant to asylum-seekers, refugees and migrants access to
basic economic and social rights.
New145 The World Conference recommends that States take concrete
measures to avoid discriminatory practices with respect to vocational training, the type
of posts that migrants may occupy, the type of contracts accorded to migrant workers, the
right to seek employment in any part of the country, regulations governing working
conditions, trade-union activity and access to judicial and administrative tribunals to
air grievances concerning discrimination.
3 (f) (merged) The World Conference urges [Governments] and States:
- to develop policies and action plans, and to reinforce and implement preventive
measures, to foster greater harmony and tolerance between migrant workers and host
societies with the aim of eliminating the growing manifestations of racism, racial
discrimination, xenophobia and related intolerance, including acts of violence,
perpetrated in many societies by individuals or groups and directed towards migrant
workers and their families, persons of migrant origin and resident foreign workers,
(merger of 55 bis1 (second part) and new 147 (first part));
- to review and revise their immigration laws, policies and practices to be free of
discrimination against migrants so that they are compatible with their obligations under
international human rights instruments, including excessive use of force; (merger of 54bis
and new 52 (first part))
- to ensure the development of specific measures concerning migrants and [refugees]
[non-nationals], which actively involve the host society and non-nationals in integration
programmes and encourage respect for cultural diversity, to promote their fair treatment
and to facilitate where appropriate their integration into social, cultural, political and
economic life, and to promote their participation in the decision making process; (3 (f)
and new 147 (second part)
- to monitor and ensure/pay increased attention to the non-discriminatory/fair and
equitable treatment of migrants and refugees/non-nationals regardless of their status,
including asylum seekers and refugees, as well as members of minority groups detained by
public authorities. Specifically, these detainees should receive effective legal
assistance and, where appropriate, the assistance of a competent interpreter. This should
happen at all stages of their detention, particularly during interrogation; (3 (g))
- to ensure that police and immigration authorities respect the standards regarding
dignified and non-discriminatory treatment of migrants, among other aspects, through
specialized training courses for administrators, police officers, immigration officials
and other interested groups; (second part of new 52, last phrase is covered by a))
- to consider the question of the recognition of the professional and technical work of
migrants, with a view to recognizing their contribution in their new countries of
residence; (new 61)
- to take measures to ensure that migrant workers and members of their families enjoy all
human rights, particularly those related to fair remuneration, pensions, access to
education, social services and protection of culture irrespective of their race, colour,
descent, ethnic origin, gender, religion or political affiliation,; (95bis1)
- to consider adopting and implementing immigration policies and programmes that would
enable immigrant women and children who are victims of spousal or domestic violence to
free themselves from abusive relationships. Theses policies could, for example, allow
abused immigrant women to file for immigration relief without their abuser's knowledge and
give them the ability to cooperate with law enforcement to prosecute the abusers. (56bis1)
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(Merger of 3(f), 3(g), new 147, 55bis1 (second part), new 61, 95bis1,
new52, 54bis, 54bis7 and 56bis1)
55bis (merged) With the increased proportion of women who are migrants,
States are urged to place special focus on gender issues and gender discrimination,
particularly the multiple barriers faced by women when gender, socio-economic class, race
and ethnicity intersect. Detailed research should be undertaken not only in respect of
human rights violations perpetrated against women migrants, but also on the contribution
that women make to the economies of their countries of origin and destination/host
countries, in particular when reporting to Treaty Bodies.
(Merger of 55bis and New 146)
Sub-Title: Refugees
3g)bis (merged) The World Conference urges States to comply with their
obligations, under international human rights, refugee and humanitarian law, relating to
the promotion and protection of the human rights of refugees, asylum seekers, other forced
migrants and internally displaced persons. They should also fulfil their humanitarian
obligations/take seriously their humanitarian obligations/commitments regarding the
protection and assistance needs of refugees and internally displaced persons, without
discrimination between/among the different regions of the world, in keeping with the
principles of international solidarity, the principles of international protection and
international cooperation to share responsibilities, burden-sharing/responsibility sharing
and the resettlement of refugees in their countries.
(Merger of 3 g)bis, 63 and New 136 b) and c))
64. The World Conference urges States to recognize the different
barriers that refugees and immigrants face as they endeavour to
participate in the economic, social, political and cultural life of their countries and
encourages States to develop strategies to facilitate inter alia the long-term integration
of these persons into their new countries of residence and the full enjoyment by them of
their human rights in consultation with the UNHCR and other organizations as appropriate.
65. The World Conference urges States, in collaboration with the UNHCR
and other relevant organizations as appropriate to take effective steps to protect
internally displaced or refugee women and girls from violence and to investigate any such
violations and bring those responsible to justice.
New 141 (merged) We call for all measures relating to asylum-seekers
and refugees to be fully in accordance with the 1951 Convention relating to the Status of
Refugees and the 1967 Protocol relating to the Status of Refugees, and urge all States to
grant asylum-seekers, refugees and internally displaced persons access to economic, social
and cultural rights in accordance with international human rights obligations.
(Merger of New 141 and New 152)
64bis [Urges Israel to revise its legislation based on racial or
religious discrimination such as the law of return and all the policies of the occupying
power which prevent the Palestinian refugees and displaced persons from returning to their
homes and properties, in violation of their right to return].
Sub-Title: Other victims
60. [The World Conference urges States to take special measures to
ensure that every child, woman and man is all individuals are registered
and issued with/has access to appropriate national [legal identity] documents to reduce
the incidence of statelessness and trafficking. [This preventive measure would], in order
to protect individuals and gain them access to available legal procedures and remedies and
development opportunities.]/ The World Conference urges States to ensure that all persons
have the necessary documentation and/or registration to enable them to access available
legal procedures, remedies and development opportunities.
61. States should encourage the business sector, in particular the
tourist industry and Internet providers, [to develop codes of conduct with a view
to protecting trafficked persons, with a view to prevent trafficking in persons
and protect the victims of such traffic, especially those in prostitution, against
gender-based and racial discrimination and promoting their rights, dignity and security.
States should encourage the establishment of independent civil society committees to
monitor compliance with such codes of conduct/educate themselves on the global phenomenon
of trafficking in migrants, and on the protection needs of trafficked persons, so as the
avoid the risk of unwittingly participating in illegal activities].
54bis4 (merged) The World Conference urges States to devise, enforce
and strengthen effective measures at the national, regional and international levels to
prevent, combat and eliminate all forms of trafficking in women and children, in
particular girls, through comprehensive anti-trafficking strategies which include
legislative measures, prevention campaigns and information exchange. It also urges States
to allocate resources, as appropriate, to provide comprehensive programs designed to
provide assistance, protection for, healing, reintegration and rehabilitation into society
of victims, including through job training, legal assistance and health care, and by
taking measures to cooperate with non-governmental organisations to provide for the
social, medical and psychological care of victims, and to prosecute offenders involved,
including intermediaries.
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(Merger of 54bis4, New 148 and 59bis.)
75 (merged) The World Conference calls upon States to ensure that Roma
children and youth, in particular girls, are provided equal access to quality education as
formulated in the recommendations of the High Commissioner on National Minorities for
Security and Cooperation in Europe entitled Report on the Situation of Roma and Sinti in
the OSCE Area, 2000, and by the Specialist Groups on Roma/Gypsies of the Council of
Europe, by developing dedicated policies and programmes with the input of parents
and schools. These might include opportunities to learn the official language in
pre-school, recruitment of Roma teachers and classroom assistants and opportunities to
learn in their mother tongue as guaranteed by article 4, paragraph 3, of the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities of 1992. It also urges Governments to take concrete
measures and support the full development of Roma children's and youth's positive
self-esteem, the deconstruction of their internalised stigma and the Roma identity
awareness, by establishing identity assertive education institutions, promoting Rromani as
teaching language and ethnic assertion education programs in school and out of school, and
developing alternative education systems, including non-formal education and distance
education.
(merger of 75. with 75bis1.)
71 (merged) The World Conference underlines the necessity for States to
pay particular attention, adopt immediate and concrete measures, develop effective
policies and implementation mechanisms and exchange good practices to eradicate the
widespread discrimination and persecution targeting Roma, Gypsies, Sinti and/ Travellers,
and for their full achievement of equality, including through the establishment of
structures and processes, in partnership and more constructive cooperation between the
public authorities and representatives/ leaders of these groups/ Roma, Gypsies, Sinti and
Travellers in order to ensure the proper enjoyment of all human rights by these groups, so
that their needs can be identified and met.
(Merger of 71, 72, and 3(i))
71bis (merged) The World Conference calls upon States to promote and
implement legal provisions and public policies ensuring Roma communities
institutional development, their equal enjoyment of economic, social, cultural, civil and
political rights, their equal access to development resources and their full participation
to decision-making process in central and local public administration, as recommended by
CERDs General Recommendation XXVII Discrimination against Roma. It also
encourages them to provide the Roma nomadic groups or Travellers with
places for encampment for their caravans with all possible facilities.
(Merger of 71bis and 73bis.)
75bis2 The World Conference recommends that the intergovernmental
organizations address, in their projects of cooperation and assistance to different State
parties, as appropriate, the situation of Roma communities and favour their economic,
social, and cultural advancement. (CERD General Recommendation XXVII "Discrimination
against Roma").
74. [The World Conference calls for intensified efforts at educating
the public about the history and extent of anti-Roma racism racism,
racial discrimination, xenophobia and related intolerance against Roma, Gypsies, Sinti and
Travellers, and about the contributions of Roma culture and history of
Roma, Gypsies, Sinti and Travellers, including by designing and implementing efficient
public policies and programmes on intercultural education.]
74bis The World Conference calls upon Governments to encourage
awareness among professionals of all media of the particular responsibility to not
disseminate prejudices and to avoid reporting incidents involving individual members of
Roma communities in a way which blames such communities as a whole (CERD General
Recommendation XXVII "Discrimination against Roma, article 37) and to encourage and
facilitate Romas access to media, newspapers, television and radio programmes and the
establishment of their own media, as well as the formation and training of Roma
journalists (CERD General Recommendation XXVII "Discrimination against Roma, article
39).
New 159. The World Conference urges States [in accordance with their
obligations] to ensure that persons belonging to [racial] national or ethnic, religious
and linguistic minorities can exercise fully and effectively all human rights and
fundamental freedoms without any discrimination and in full equality before the law and
also urges States and the international community to promote and protect the rights of
such persons, including through the facilitation of their participation in all aspects of
the political, economic, social, religious and cultural life of society and in the
economic progress and development of the country. [In the exercise of their rights and
freedoms all persons, including such minorities shall respect the legislation of the State
they reside in and respect the rights of others]. ADOPTED at 2nd Prep Com
69bis Governments should guarantee the right of persons belonging to
national or ethnic, religious and linguistic minorities, in community with other members
of their group, to enjoy their own culture, to profess and practice their own religion, or
to use their own language, in private and in public, freely and without interference or
any form of discrimination.
69 (first part). Governments should create favourable conditions and
take measures to/that will enable persons belonging to racial, cultural, linguistic,
religious, national or ethnic minorities within their jurisdiction to express their
identity characteristics freely and to develop their education, culture,
language, traditions and customs and to participate on a non-discriminatory and
equitable basis effectively in the cultural, social, economic and political life
of the country in which they live in a manner which ensures that gender equality and the
full enjoyment of all human rights by women are not undermined.
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67 (merged) We note that there are a number of concepts of cultural,
[territorial] and administrative autonomy that are in line with the principles and norms
of international law. Such concepts may constitute practical ways to preserve and promote
the ethnic, cultural, linguistic and religious identity of a national minority within the
State of its residence. In maintaining their culture and traditions, these persons should
be in a position to develop the necessary contacts inside and outside of the state of
their residence/their country with due respect for the sovereignty and territorial
integrity of the latter, the principle of non-interference by one State in the internal
affairs of another and the political independence of the States concerned.
(Merger of 67 with 69 (second part)
New 21. Urge States to incorporate a gender perspective into all
programmes of action against racism, racial discrimination, xenophobia and related
intolerance and to consider the burden of such discrimination that particularly falls on [ generic description] indigenous women,
African women, Asian women, women of African descent, women of Asian descent, women
migrants and women from other disadvantaged groups, ensuring their access to the resources
of production on an equal footing with men, as means of promoting their participation in
the economic and productive development of their communities. (ADOPTED at 2nd Prep Com )
3. The World Conference urges [Governments] and States:
(c) [ The World Conference urges Governments
to integrate a gender perspective in policies and action to combat racism and/with a view
to empowering women in the society belonging to vulnerable groups
to claim respect for their rights in all spheres of public and private
life.]
New 22. Urge States to involve women, especially women victims of
racism, racial discrimination, xenophobia and related intolerance, in decision-making at
all levels when working towards the eradication of such discrimination, and to develop
concrete measures to incorporate race/gender analysis in the implementation of all aspects
of the Programme of Action and national plans of action, particularly in the fields of
employment programmes and services and resource allocation. (ADOPTED at 2nd Prep Com )
New 126. Examine the intersection of multiple forms of discrimination
including their root causes form a gender perspective with special emphasise on gender
based racial discrimination in order to develop and implement strategies, polices and
programmes aimed at elimination of all forms of discrimination against women.
29bis The World Conference urges governments to perform gender analysis
on all poverty eradication measures, including those designed to benefit ethnically
disadvantaged groups.
39. The World Conference underlines the importance of empowering women
and girls belonging to targeted groups, of promoting and protecting the human rights of
all women and girls, to demand respect for their rights in all spheres of public
and private life and of ensuring the full, equal and effective participation of
women in decision-making at all levels, in particular play an active role
in the design and implementation and evaluation of policies and measures which affect
their lives.
New 168 (merged) The World Conference urges States to;
- fully respect international human rights law and international humanitarian law
applicable to the rights and protection of women and girls;
- recognise that sexual violence committed by or with the acquiescence of the State in the
context of armed conflict has been used as a tool of systematic forms of discrimination,
abuse and genocide, and when used against non-combatant population on the basis of race or
ethnicity can/constitute a serious violation of international law, international
humanitarian law, and a gross violation of human rights, and that the intersection of race
and gender makes women and girls particularly vulnerable to this type of violence that is
often related to racism, racial discrimination, xenophobia and related intolerance;
- end impunity and prosecute those responsible for genocide, crimes against humanity and
war crimes, including those related to sexual and other gender-based violence against
women and girls, as well as that persons in authority who tolerate, aid, abet and consent
to the use of sexual and gender-based violence are identified, investigated, prosecuted
and punished;
- take special measures to protect women and girls from gender-based violence,
particularly rape and all other forms of sexual violence during armed conflict.
(Merger of New 168, 56bis2 and 56bis Alt. 2)
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43. The World Conference urges States to pay special attention to
situations of racism, racial discrimination, xenophobia and related intolerance when
designing policies, strategies and programmes for children, [
in particular, girls and children living in especially difficult circumstances, situations
of exploitation or in need of special protection, inter alia: (a) abandoned or displaced
children; (b) children who live or work in the street; (c)bis child labourers (d)
child victims of trafficking and economic exploitation; e) sexually exploited and
abused children; (f) children affected by armed conflict; and (g) child victims
of poverty/children orphaned by AIDS; (h) children separated from their
parents/families, migrant children, children belonging to ethnic minorities,
asylum-seekers and refugees. ONGOING 2nd Prep Com
46. The World Conference requests States and as well
as international organizations to provide protection against acts of racism, racial
discrimination, xenophobia and related intolerance against children, particularly those
who find themselves in circumstances of particular vulnerability.
44bis1 The World Conference urges States to guarantee immediate birth
registration of each child in order to ensure all children protection of their human
rights without discrimination, especially their economic, social and cultural rights.
New 73 (merged) We urge States, non-governmental organizations and the
private sector to consider the situation of persons with physical and mental disabilities
as one of the vulnerable groups of the population and victims of discrimination at the
systematic, cultural and individual levels, even more so when they come from disadvantaged
groups. We also urge States to legislate in order to have specific measures to ensure
their access to regular services such as health services, adapted housing, public
accommodations, transportation, communication, recreation, voting and equal opportunity
with regard to equal employment, education and other basic public services. We further
urge States to take steps in order to redress their economic situation, the consequence of
the discriminatory attitude in job integration and to consider the adoption of clear,
strong, consistent and enforceable standards addressing discrimination against them.
(Merger of 73, 50bis & 50bis1.)
III. MEASURES OF PREVENTION, EDUCATION AND PROTECTION AIMED AT THE
ERADICATION OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE AT THE
NATIONAL, REGIONAL AND INTERNATIONAL LEVELS
New 115 (merged) Urges States to adopt and implement effective
measures, in addition to anti-discrimination legislation and mechanisms, which encourage
their citizens to take a stand against racism, prejudice and intolerance, and to
capitalize on the racial, cultural, social and religious diversity of their nation in
working together to build a harmonious and productive future, by putting into practice and
promoting values and principles such as justice, equality and non-discrimination, fairness
and friendship, tolerance and respect within and between communities, in particular
through public information, education and training programmes to raise awareness and
understanding of the benefits of cultural diversity, including programmes where government
works in partnership with business and civil society.
(Merger of New 115 and 7bis3)
2. The World Conference urges States to adopt or strengthen, as
appropriate, national programmes for eradicating poverty which take account of the needs
and experiences of [ indigenous populations
peoples, people of African descent, people of minority descent, migrants,
refugees, asylum-seekers and other ethnic, racial, cultural, religious
and linguistic groups or minorities] , /individuals and groups
affected by or vulnerable to racism, racial discrimination, xenophobia and related
intolerance, and also request that they expand their efforts to foster bilateral, regional
and international cooperation in implementing those programmes.
New 158. Urge those States in which the political and legal systems
that do not reflect the multi-racial, multi-ethnic, multi-lingual and multi-cultural
realities of their societies to review such systems in consultation with the
representatives of the affected groups, with a view to improving democratic institutions
so that they are more fully participatory and avoid marginalisation, exclusion and
discrimination of specific sectors of society, including indigenous peoples, people of
African descent, migrants and other victims of racism.
New 79. Request that the World Conference call for the development of
effective legislative, policy and programme measures at the national, regional and
international levels, that will contribute to the elimination of propaganda that promotes
racism, racial discrimination, xenophobia and related intolerance.
44bis The World Conference requests States to take necessary measure to
address through policies and programmes, racism and racially motivated violence against
women and girls and to increase co-operation, policy responses, effective implementation
of national legislation and other protective and preventive measures aimed at the
elimination of all forms of violence against women and girls.
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A. National level
1. Legislative, judicial, regulatory, administrative and other measures
to prevent and protect against racism and related discrimination
3 a) (part of) To establish and implement/apply without delay national
policies and action plans to combat racism, racial discrimination, xenophobia, [ anti-Semitism] Islamophobia and related
intolerance, including, inter alia, including their gender-based manifestations.
New 1. The World Conference requests States to [
double] make all possible efforts to reassert their commitment
to eradicating racism, racial discrimination, xenophobia and related intolerance in order
to improve human well-being, promote more inclusive and participatory societies, and
eradicate poverty. All these objectives require both the effort of governments and the
collective commitment and efforts of the international community
New 2. The World Conference recognizes that the success of this Plan of
Action will require political will, adequate funding at the national, regional and
international levels, including, in some circumstances, new and additional resources
particularly for developing countries.
New 6 (merged) The World Conference urges States to reaffirm their
democratic commitment and take the necessary legislative and judicial measures in
accordance with their obligations under the regional and international human rights
instruments, and to adopt and implement strictly stringent laws which condemn and actively
discourage/to prohibit and prosecute, and outlaw all forms of propaganda, publicity,
organizations, associations, political parties or groups based on ideas, theories or
doctrines of the superiority of one race, nation or ethnic group and that seek to justify
or promote racial hatred, xenophobia or racial discrimination and which recognise that
participation in such organizations is an offence punishable by law.
(Merger of New 6, 19bis and New 124)
1e)bis3 To fully and more effectively apply existing legislation
concerning the dissolution of organizations promoting racism, racial discrimination,
xenophobia, anti-Semitism, Islamophobia, other forms of religious discrimination, Negrophobia,
anti-Black racism, anti-Roma racism, discrimination against indigenous peoples, anti-Asian
racism, anti-Arab discrimination, [homophobia] and related intolerance and prosecute those
members breaching the law and to [consider the possibility of declaring] /[outlaw] the
membership in organizations promoting racism, racial discrimination, xenophobia,
anti-Semitism and related intolerance a criminal offence.
86 (merged) The World Conference urges States to design or reinforce,
promote and implement effective legislative and administrative policies, as well as other
preventive measures against the serious situation experienced by certain groups of
workers, including migrant workers, persons of migrant origin and foreign workers who are
vulnerable to racism, racial discrimination, xenophobia and related intolerance, including
persons involved in prostitution and others who may be exploited or victims of illegal
trafficking. Special attention should be given to protecting foreign domestic workers from
discrimination and violence, as well as combating prejudice against them.(Merger of 86 and
New 132)
New 136 a) The World Conference calls upon States to comply with their
obligations under applicable international human rights instruments and domestic human
rights and labour laws in protecting the rights of migrants and their families.
1 (a) The World Conference urges States [ To
adopt and implement, or strengthen wherever necessary, national
legislation and administrative measures that expressly and specifically counter racism and
prohibit racial discrimination, whether direct or indirect, in all spheres of public life
in conformity with the provisions of the International Convention on the Elimination of
All Forms of Racial Discrimination without making limiting reservations and review
existing measures with a view to amending or rebuilding national legislation and
administrative provisions that may give rise to discrimination;
1a)bis2 (merged) The World Conference urges States to assess and review
legislation and administrative measures to ensure their ongoing efficacy, and to amend,
rescind or nullify, as required, laws and regulations which create, perpetuate or
contribute to racism, racial discrimination, xenophobia and related intolerance.
(merger of 1a)bis2 and 1a)bis3)
58 (merged) [The World Conference encourages/urges all States to enact
and implement, as appropriate, laws against trafficking in persons and smuggling of
migrants, and to take into account, in particular, policies and practices that endanger
their lives or lead to various kinds of servitude and exploitation, such as debt bondage,
slavery and sexual or labour exploitation. It also encourages States to create, as
appropriate, inter-ministerial task forces or national focal points to combat trafficking
in persons, to allocate resources to ensure law enforcement and the creation of adequate
judicial institutions to deal with such cases, and to reinforce bilateral, regional and
international co-operation, including with non-governmental organizations that assist
victims to combat this traffic. ]
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(Merger of 58 and 45)
New 81. The World Conference urges States to take all necessary
constitutional, legislative and administrative measures to foster equality among
individuals and groups who are affected by, vulnerable to, or victims of racism, racial
discrimination, xenophobia and related intolerance, and review existing measures with a
view to amending or repealing national legislation and administrative provisions that may
give rise to such forms of discrimination; ADOPTED at 2nd PrepCom
New118. The World Conference encourages States, as preventive measures,
to establish mechanisms for examining and reviewing the conformity of draft legislation
with principles of non-discrimination on the basis of race, ethnic or national origin,
religion or belief, especially in relation to potentially discriminatory effects,
including all forms of multiple discrimination, on persons belonging to targeted groups.
The World Conference emphasises that individuals belonging to targeted groups should be
invited and encouraged to participate in the design and development of preventive policies
and measures.
1b)bis To ensure that the conduct of trials and the imposition of
sentences do not discriminate on grounds relating to racism. In particular, countries
where the death penalty is still imposed should investigate any disproportionate impact of
such penalty on racial groups and declare a moratorium on executions pending such
investigations.
2bis The World Conference urges States to take the necessary measures
to ensure that no person will be expelled, extradited or returned to another State where
there are substantial grounds for believing that he or she would be in danger of being
subjected to torture or persecution on account of his or her [
race, religion, nationality, membership of a particular social group or political opinion] racial, ethnic, cultural, religious, linguistic, or
national origin [ or political affiliation]
;
6bis d) (merger) The World Conference urges States, non-governmental
organizations and the private sector to compile and publish statistics on police brutality
incidents and complaints on a regular basis to determine whether criminal justice policies
or programmes have an unjustified disparate impact on racial and ethnic minorities, with a
view to identifying and eliminating these practices. These statistics should include the
race, ethnicity and gender of the perpetrator and victim.
(Merger of 6bis d) and part of 6bis b)
New 83 (merger) The World Conference urges States to work with law
enforcement agencies in designing, implementing and enforcing effective policies and
programmes to prevent, detect, and ensure accountability for incidents of police
misconduct motivated by race or ethnic origin, to prosecute such police misconduct and to
eliminate «racial profiling» by law enforcement officials or the use of race or
ethnicity as a sole basis for determining if an individual is engaged in criminal
activity; (Merger of New 83 and part of 6bis b)
New 20. The World Conference urges States to take measures to prevent
the use of scientific and technological progress in genetic research to promote racism,
racial discrimination, xenophobia and related intolerance, to protect the individual
privacy of the information contained in the human genetic code;
6bis The World Conference urges States, non-governmental organisations
and the private sector to:
(e) Create and implement policies that promote a high quality and
diverse police force free from discrimination on the basis of race. Actively recruit all
groups, including minorities, into public employment, including the police force and other
agencies within the criminal justice system, (such as prosecutors).
(f) Work to reduce violence, including violence motivated by race,
colour, descent or national or ethnic origin by:
- Developing educational materials to teach young people the importance of tolerance and
respect;
- Addressing bias before it manifests itself in violent criminal activity;
- Establishing working groups consisting of, inter alia, local community leaders and
national and local law enforcement officials, to improve coordination, community
involvement, training, education and data collection, with the aim of preventing such
violent criminal activity;
- Ensuring that civil rights laws that prohibit violent criminal activity are strongly
enforced;
- Enhancing data collection regarding violence motivated by race, colour, descent or
national or ethnic origin;
- Providing appropriate assistance to victims, and public education to prevent future
incidents of violence motivated by race, colour, descent or national or ethnic origin.
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Ratification of and effective implementation of relevant
international and regional legal instruments on human rights and non-discrimination
New 98 (merger) The World Conference urges States that have not yet
done so to consider ratifying or acceding to the international human rights instruments
which combat racism, racial discrimination, xenophobia and related intolerance, in
particular to accede to the International Convention on the Elimination of All Forms of
Racial Discrimination as a matter of urgency, with a view to universal ratification by the
year 2005, and to consider making the declaration envisaged under article 14 comply with
their reporting obligations, publish and act upon the concluding observations of the
Committee on the Elimination of Racial Discrimination. It also urges States to limit,
review or consider the withdrawal of reservations that are incompatible with the purposes
and objectives of the ICERD;
(Merger of New 98, 93, New 97, 93bis4, 1b)bis1 and 93bis3)
93bis5 The World Conference urges States to give the utmost importance
to the observations and recommendations of the Committee on the Elimination of Racial
Discrimination. To that effect, States should consider setting up appropriate national
monitoring and evaluation mechanisms to ensure that these observations and recommendations
are duly addressed and that the relevant legislation is effectively implemented and that
all necessary steps are taken to promote national harmony, equality of opportunity and
good inter-social relations.
1e) To declare an offence punishable by law and that legal actions be
taken ex-officio against all acts of racial discrimination under CERD./To fully and more
effectively apply existing legislation concerning the dissolution of organizations
promoting racism, racial discrimination, xenophobia, anti-Semitism and related intolerance
and prosecute those members breaching the law and to consider the possibility of
declaring the membership in organizations promoting racism, racial discrimination,
xenophobia, anti-Semitism and related intolerance a criminal offence;
93 (merged) The World Conference requests/urges States that have not
yet done so, without delay, to sign and ratify, or accede to/consider signing and
ratifying or acceding to and implementing fully the following instruments:
- the Convention against Discrimination in Education, adopted by the General Conference of
the United Nations Educational, Scientific and Cultural Organization,
- the Convention on the Elimination of All Forms of Discrimination against Women, with a
view to achieving universal ratification within five years, and to consider signing and
ratifying or acceding to its Optional Protocol
- the Convention on the Rights of the Child, and Convention 138 (Minimum Age) and
Convention 182 (Worst Forms of Child Labour) of the ILO,
- the ILO Convention 1989 (No. 169), which protects the rights of Indigenous and Tribal
Peoples in Independent Countries and the Convention on Biological Diversity, and revise
the ILO Convention in consultation with indigenous peoples, to overcome its deficiencies,
in order to progress in the eradication of racism, racial discrimination, xenophobia and
related intolerance,
- the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (1990), and to prohibit and prevent discriminatory treatment
against foreigners and migrant workers, inter alia, concerning the granting of visas, work
permits, family conditions, housing and access to justice, based on race, colour, descent
or national or ethnic origin,
- the Rome Statute of the International Criminal Court,
- the UN Convention against Transnational Organized Crime and its Protocol to prevent,
suppress and punish trafficking in persons, especially in women and children, in order to
end practices that lead to various kinds of servitude and exploitation such as debt
bondage, slavery and sexual or labour exploitation,
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(Merger of 93, 1(a)bis, New 100, 99, 99bis, 100, 58, New 62, New 138,
95, 94, New 127 and 98bis)
New 45. The World Conference calls on States to promote the exercise of
the rights set out in the Declaration on the Elimination of All Forms of Intolerance and
of Discrimination Based on Religion or Belief, adopted in General Assembly resolution
36/55, in order to obviate religious discrimination against people of African descent;
New 57. The World Conference urges States to seek full respect for, and
compliance with, the 1963 Vienna Convention on Consular Relations, especially as it
relates to the right of foreign nationals, regardless of their immigration status, to
communicate with a consular officer of their own State in the case of arrest or detention;
97. [The World Conference calls upon urges all States
that have not yet done so to consider ratifying or acceding to to ratify
[the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and] the Migration for Employment Convention (Revised), 1949
(No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) of
the International Labour Organization, and to prohibit and prevent discriminatory
treatment against foreigners and migrants workers, inter alia concerning the granting of
visas, work permits, family conditions, housing and access to justice, based on race,
colour, descent or national or ethnic origin. ]
New 167 (merger) The World Conference underlines the importance of
combating impunity including for crimes with a racist or xenophobic motivation, also at
international level, [noting that impunity for the violations of human rights and
international humanitarian law is a serious obstacle to political stability and
sustainable development.] It also fully supports the work of the existing international
criminal tribunals and the adoption of the Statute of the International Criminal Court.
(Merger of New 167 and 90.)
96. [The World Conference calls upon urges States that
have not yet done so to consider ratifying or acceding to to ratify
international standards/instruments that prohibit discrimination in employment and
occupation, in particular the Discrimination (Employment and Occupation) Convention, 1958
(No. 111) of the International Labour Organization, and to apply the Declaration on
Fundamental Principles and Rights at Work of the International Labour Organization of
1998.]
66. [The World Conference urges States to apply the Guiding Principles
on Internal Displacement (E/CN.4/1998/53/Add.2), particularly those provisions relating to
non-discrimination, where applicable.]
45bis1 The World Conference urges States to take appropriate measures
for the implementation of the rights of the child without discrimination, and with regard
to economic, social and cultural rights to the maximum extent of available resources and,
where needed, within the framework of international co-operation.
Prosecution of perpetrators of racist acts
89 (merger) The World Conference urges States to: adopt effective
measures to combat criminal acts motivated by racism, racial discrimination, xenophobia
and related intolerance; to take measures so that such motivations will be considered an
aggravating factor for the purposes of sentencing, to prevent these crimes from going
unpunished; and to ensure the rule of law.
(Merger of 89 and 1e)bis)
New 82. Urge States to undertake investigations to examine possible
links between criminal prosecution, police violence and penal sanctions, [ including the application of the death penalty]
[ in particular against vulnerable groups and individuals] on the one hand, and racism, racial discrimination, xenophobia and
related intolerance, on the other, so as to have evidence for taking the necessary steps
for the eradication of any such links and discriminatory practices; ADOPTED at 2nd
PrepCom
47bis The World Conference recalls the negative influence of right
wing, neofascist, nationalist and racial ideologies to young people and call for special
measures to eliminate that.
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1[(d) (merged) The World Conference urges / calls upon States;
To bring to justice those responsible for expression of incitement to
racial hatred, defamation of nation or race, support or promotion of movement seeking to
suppress citizens' rights and freedoms, denial of [Holocaust[s] or [genocide] racist acts and
the of violence or intimidation to which they give rise and also
to ensure the protection, /respecting the necessary distinction between the
prohibition of racial discrimination and the enjoyment of the right to freedom of
expression in the in/ ensuring the prohibition of racial discrimination in
the enjoyment of the right to freedom of expression.)]/
To bring to justice those responsible for crimes motivated by racism,
racial discrimination, xenophobia and related intolerance and the violence to which they
give rise, ensuring that in efforts to combat such crimes, States find a balance between
the principle of freedom of expression and the goal principle of
eradication of racist and hateful speech.]/
To bring before national and international tribunals those responsible
for racist acts, racial hatred and violence perpetrated against those groups that are most
vulnerable. States undertake to prohibit all forms of discrimination and to suppress laws
that constitute an obstacle to inter-community relations and mutual co-operation.
To bring to justice those responsible for racist acts and the violence
to which they give rise and to ensure the prohibition of all manifestations of racism,
racial discrimination and xenophobia in the exercise of the right to freedom of
expression.
(Merger of 1 d) and New 105)
1 d)bis and e) bis2 The World Conference calls upon Governments and
States to:
enact, as a matter of priority, appropriate legislation and take other
measures required to give full effect to their obligations under international
humanitarian law, in particular in relation to the rule prohibiting discrimination
adopt legislation prohibiting, in particular, for the prosecution and
punishment of persons suspected of having committed or having ordered to be committed
grave breaches of the Geneva Conventions and Additional Protocol I and of other serious
violations of the laws and customs of war, in particular in relation to the rules
prohibiting discrimination.
54bis1 The World Conference calls upon Governments (States) to
criminalize trafficking in women and children in all its forms and to condemn and penalize
traffickers and intermediaries, while ensuring protection and assistance to the victims of
trafficking with full respect for their human rights.
6bis f) The World Conference urges States, non-governmental
organizations and the private sector to work to ensure that violence motivated by race,
colour, descent or national or ethnic origin is prosecuted with equal vigour as other
similarly serious crimes.
85bis The World Conference urges States to carry out exhaustive, timely
and impartial investigations of all acts of racism, racial discrimination and to prosecute
offences of a racist or xenophobic nature ex officio. It further undertakes to ensure that
criminal prosecution of offences of a racist or xenophobic nature is given high priority
and is actively and consistently undertaken. States shall ensure the right to equal
treatment before the tribunals and all other organs administering justice. In this regard,
it underlines the importance of fostering awareness and providing training to the various
agents in the criminal justice system to ensure fair and impartial application of the law.
In this regard the World Conference draws attention to the importance of collecting and
publishing adequate data, broken down by sex and age, on the number and nature of racist
and xenophobic incidents or offences, the number of cases prosecuted or the reasons for
non-prosecuting and the outcome of prosecutions. In this respect it recommends that an
anti-discrimination monitoring services be established;
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Establishment and reinforcement of independent specialised national
institutions and mediation
5 (merger) The World Conference urges States, as appropriate, to
establish, strengthen, review and reinforce the effectiveness of human rights
bodies/institutions, [(public defenders, human rights attorneys, ombudsmen, etc.)] which must
[should] have the following characteristics:
a) conform to the principles regarding the status of national
institutions for the promotion and protection of human rights (the "Paris
principles");
- a unit specialized in racial discrimination;
- a broad mandate in terms of both issues and capacities;
- competence on issues of racism, racial discrimination, xenophobia and related
intolerance;
- visibility and accessibility to the population;
- ability to initiate investigations, issue recommendations and institute legal
proceedings in cases of racial discrimination and, as appropriate
inter alia,
the capacity to receive, investigate and mediate complaints and, where appropriate, to
refer such complaints to the justice system for appropriate action;
- reflect the diversity of the country and be representative of the population they serve.
The World Conference further calls upon States to provide them with
adequate financial resources, competence and capacity.
(Merger of parts of 5., 5 Alt. And 6 a) b) & d)
6 (modified) The World Conference also urges States:
- to foster cooperation of these institutions with other national institutions;
- to take steps to [ensure that by [members of groups which are victims of or vulnerable
to] individuals or groups affected by or vulnerable to racism, racial discrimination,
xenophobia and related intolerance [can participate fully in these institutions];
- to support national human rights institutions or similar bodies responsible for
combating racism, racial discrimination, xenophobia and related intolerance,
inter alia the publication and circulation of existing national laws and
jurisprudence, and cooperation with institutions in other countries so that knowledge can
be gained of the manifestations, functioning and mechanisms of these practices and the
strategies designed to prevent, combat and eradicate them;
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2. Policies and practices
Data Collection, Disaggregation, Research and Study
50 (merged) The World Conference urges States :
a) to collect, compile and disseminate data on the situation of groups
which are victims of discrimination, providing information on the composition of their
populations according to race, colour, nationality, national origin, ethnicity, religion,
sex, age and other factors, as appropriate, for, inter alia, the development and
evaluation of policies with respect to human rights, including those against that
address racism, racial discrimination, xenophobia and related intolerance. The collection
of such data should/may take into account the self-definition of these groups;
- to promoting quantitative, qualitative and gender-sensitive research on the subject with
the full and equal participation of those being researched,
- to institute routine monitoring of racist acts on the local and national level and of
the situation of marginalized racial and ethnic groups, [through periodic sampling and
compilation of statistical information collected and analysed disaggregated by sex, age,
race
or ethnic group/ethnicity and national origin, particularly with
regard to such fundamental economic and social indicators as infant mortality rate, life
expectancy, literacy rate, level of education, access to employment, housing and health
services, and average disposable income.] [Special attention should be paid to research
into the impact of racial discrimination on the enjoyment of those rights, and to the
publication of the conclusions.];
- to ensure that institutions responsible for providing statistical information on the
population take explicit account of the existence of [indigenous peoples, people of
varying descent and other ethnic groups,]
capturing the component parts of their
diversity according to their needs and obtain data on relevant and appropriate
characteristics, designing strategies to evaluate the human
rights all policies concerning ethnic groups. To that end, it recommends the
development of voluntary, consensual and participatory strategies for these communities in
the processes of collecting and using information;
- to share/ exchange experiences and successful practices with other States.
(Merger of 50, 51, 19 and parts of 6 c))
44. (first parts) (merged) [Governments should collect] The World
Conference further invites States:
- to collect or examine ways of collecting better statistical data and analyze them in
order to identify how legislation and policy affect childrens lives, ensuring that
any data collected on race, colour, descent, religion, language, national or ethnic
origin/ ethnicity, nationality, religion, descent, etc. will not be misused;
- to compile and publish data to determine the extent to which people with disabilities,
including those from disadvantaged groups, are not receiving basic social services so that
States can develop specific policies and programmes to remedy this type of exclusion;
(Merger of 44 and 50bis2
44 last part (merger) The World Conference urges States to ensure that
all data and information shall be collected in accordance with provisions on human rights
and fundamental freedoms, such as data protection regulations and privacy guarantees.
(Merger of 44 (last part and 50 (last part))
73. [Government efforts to design policies aimed at combating racial
discrimination, xenophobia and related intolerance should be based on reliable statistical
data and other quantitative information including qualitative research done, and
priorities identified by Roma themselves reflecting as accurately as possible the status
of the Roma in society Roma, Gypsies, Sinti and Travellers in society.
Such information should be collected in accordance with human rights principles and in
consultation with the persons concerned, and protected against abuse through data
protection and privacy guarantees./All such information shall be collected in accordance
with provisions on human rights and fundamental freedoms, such as data protection
regulations and privacy guarantees.]
New 58. The World Conference invites States to promote the study and
adoption of an integral, objective and long-term approach to all phases and aspects of
migration, that will deal effectively with both its causes and manifestations and pay
special attention to the prevention and punishment of illegal acts motivated by racism,
racial discrimination, xenophobia and related intolerance, wherever they may occur.
New 65. The World Conference recommends that further studies be
conducted on how racism, racial discrimination, xenophobia and related intolerance may
be/are reflected in laws, policies, institutions and practices and how this may have/has
contributed to the vulnerability, victimization and exclusion of migrants, especially
women and children.
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New 94. The World Conference invites the international institutions to
study the causes of migrations in specific cases and to co-operate with the countries of
origin in addressing the causes of migratory flows;
13bis3 The World Conference calls for studies to address the effects of
economic globalisation on migration trends and the resurgence of racism, racial
discrimination, xenophobia and related intolerance.
32bis1 e) Compile and publish, where appropriate, disaggregated
statistical data by race and ethnicity to determine whether employment policies or
programmes have an unjustified disparate impact on racial and ethnic minorities and
support the development of specific policies or programmes.
New 129 c) The World Conference urges Governments, non-governmental
organisations and the private sector to takes steps to improve the collection, analysis
and use of data disaggregated by race and ethnicity to reduce disparities in access to
health care and improve the overall health status and health outcomes of minority and
indigenous populations;
75bis3 The World Conference recommends States to include in their
periodic reports, in an appropriate form, data about the Roma communities within their
jurisdiction, including statistical data about Roma participation in political life and
about their economic, social and cultural situation. (CERD General Recommendation XXVII
"Discrimination against Roma).
Action-oriented policies and action plans, including affirmative
action to ensure non-discrimination in particular as regards access to social services,
employment, housing, education, health care etc
1b) To guarantee and promote [
strive for] full and effective equality
justice for/to all without discrimination by providing appropriate affirmative action
especially to vulnerable groups victims of discrimination/ by ensuring
equity, social justice and fair distribution of aid and community strategies and economic,
political and social participation/[ equality of opportunity] through adoption and exchange of good practices on implementation
of legal and policy measures;
3(f)bis To take concrete measures to promote equality based on the
elimination of gender and racial prejudice in all fields through inter alia, improving
access to education, health care, employment and other basic services to promote full
enjoyment of economic, social and cultural rights;
52 (merged) The World Conference urges States to establish, on the
basis of existing statistical information, national programmes, including
affirmative action positive measures, to promote the access of individuals and
groups affected by or vulnerable to racism, racial discrimination, xenophobia and related
intolerance indigenous people, [people of varying descent,]
migrants and other ethnic, racial, cultural, religious and linguistic groups or minorities
to education, medical care and basic social services, including primary education and
basic health care.
(Merger of 52 and part of New 142)
New 93. The World Conference recommends that host countries for
migrants consider the provision of adequate services in the areas of health, education and
accommodation as a matter of priority in their co-operation measures with the United
Nations agencies, the Organization of American States and international financial bodies
and also request that these agencies should provide an adequate response to such requests;
New 142 (part of) (merged) The World Conference urges States to
establish national programmes to promote the access, without any discrimination, of people
of African descent, Mestizos, migrants and other ethnic, racial, cultural, linguistic and
religious groups, minorities, and indigenous peoples, where they exist, to education,
medical care and other social services. To eliminate by the year 2010 the disparities
these groups experience, inter alia, infant mortality rate, childhood immunization,
HIV/AIDS, heart disease, cancer and other contagious diseases.
(Merger of part of New 142 and New 110)
New144 The World Conference urges States to specifically include
prohibition of direct and indirect discrimination on grounds of actual or presumed
nationality or national origin in civil, administrative and labour law to combat
effectively discrimination against non-nationals, particularly migrant workers and
refugees. National anti-discrimination legislation should specifically include access to
and provision for effective judicial, administrative and other remedies for non-citizens.
29. The World Conference urges States to prevent and eliminate, where
they exist, racially discriminatory policies and practices in access to public and private
employment, business opportunities, and development programmes [and occupation],
education, housing and health care and to promote policies which seek to improve the
prospects of targeted groups facing inter alia the greatest obstacles in finding, keeping
or regaining work, including skilled employment. Particular attention should be paid to
persons subject to multiple discrimination.
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3(e) The World Conference urges Governments to counter social exclusion
and marginalization of racial, ethnic, cultural, religious, linguistic and national
minorities, in particular by providing de facto equal access to education, health
services, employment and housing;
32bis In the field of public and private housing authorities should
promote the successful cohabitation of different social groups at the planning stage of
urban development schemes as well as renovate neglected areas of public housing so as to
counter social exclusion.
Immigration Policies
New 25. The World Conference urges States to consider policies and
programmes to reduce income and wealth inequality, recognizing the close association
between poverty and racism, racial discrimination, xenophobia and related intolerance. The
World Conference further requests States to take additional steps to protect economic,
political, social and cultural rights on a non-discriminatory basis, by ensuring an
increase in the delivery of public services and access to social justice and rights for
indigenous peoples, people of African descent, migrants and other ethnic, racial,
cultural, religious and linguistic groups or minorities;
New 106. The World Conference calls upon States to adopt or strengthen,
as required, laws, strategies, programmes and policies, including affirmative action, to
promote and protect the rights of victims of racism, racial discrimination, xenophobia and
related intolerance, including their effective access to justice and judicial remedies
free from racial discrimination of any kind;
1.b) To guarantee and promote [
strive for] full and effective equality
justice for/to all without discrimination by providing appropriate affirmative action
especially to vulnerable groups victims of discrimination/ by ensuring
equity, social justice and fair distribution of aid and community strategies and economic,
political and social participation/[ equality of opportunity] through adoption and exchange of good practices on implementation
of legal and policy measures;
Employment
32. The World Conference invites urges States to
promote and support where appropriate the organization and operation of enterprises owned
by indigenous people, people of minority descent, migrants and other ethnic, racial,
cultural, religious and linguistic groups or minorities by favouring/facilitating
equal/promoting equal access to credits and training programmes.
32bis1 The World Conference urges Governments, non-governmental
organizations, and the private sector to:
- Support the creation of workplaces free of discrimination through a multi-faceted
strategy that includes civil rights enforcement, public education, and communication
within the workplace. Promote and protect the rights of workers who are subject to racism,
racial discrimination, xenophobia and related intolerance.
- Foster the creation, growth and expansion of businesses dedicated to improving economic
and educational conditions in under-served and disadvantaged areas, by increasing access
to capital through, inter alia, community development banks, recognizing that new
businesses can have a positive, dynamic impact on communities in need. Work with the
private sector to create jobs, help retain existing jobs, and stimulate industrial and
commercial growth in economically distressed areas.
New 84. The World Conference urges States to give special attention,
when promoting and implementing legislative and judicial policies designed to give workers
adequate protection, to the serious situation of lack of protection and, in some cases,
the exploitation or trafficking of victims of racism, racial discrimination, xenophobia
and related intolerance, a situation that allows or facilitates confinement, as in the
case of domestic workers and dangerous and badly paid jobs;
85. The World Conference urges States to avoid the negative effects of
discriminatory practices, racism and xenophobia in employment and occupation by promoting
the application and observance of international instruments and norms on workers
rights, [including the Declaration on Fundamental Principles and Rights at Work]. It also
urges States to continue their efforts to protect the rights of workers who are
particularly vulnerable to racism, racial discrimination, xenophobia and related
intolerance including those who may be discriminated against on multiple grounds.
12. The World Conference encourages States to consider taking measures
to increase the recruitment, retention and promotion of women and men [belonging to]
targeted/all groups, including racial and ethnic minorities/affected by or
vulnerable to racism, racial discrimination, xenophobia and related intolerance, to the
teaching profession and guarantee them effective equality of access to it. Particular
attention should be made to recruit women and men who have the ability to interact
effectively with all groups.
30bis (merged) The World Conference calls on all States to recognise
the importance of the involvement and participation of all persons affected and to
encourage trade unions, the business sector and employers to work together in the
formulation and implementation of policies and programmes to ensure non-discrimination and
equality in the workplace.
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(Merger of 30bis and 30)
86bis The World conference calls upon all states to provide protection
to victims of racism, racial discrimination, xenophobia and related intolerance at the
workplace through access to effective labour and employment relevant administrative
institutions and processes, legal procedures and other remedial action.
Health, environment
53. Urges States, individually and through international cooperation,
to enhance measures to fulfill the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health with the view to eliminate disparities
in health status, as indicated in standard health indexes, which might result from racism,
racial discrimination, xenophobia and related intolerance. ADOPTED
New 129. The World Conference urges Governments, non-governmental
organizations, and the private sector to:
- Provide effective mechanisms for monitoring and eliminating racial and ethnic
discrimination in the health care system, such as the development and enforcement of
effective anti-discrimination laws;
- Take steps to ensure equal access to comprehensive, quality health care for all,
including primary health care to medically under-served people; and facilitate training of
a health workforce that is both diverse and motivated to work in under-served communities.
Work to increase diversity in the health care profession by recruiting promising and
talented women and men from all groups, including racial and ethnic minorities, for health
care careers and retaining them in the health professions. Particular efforts should be
made to recruit women and men who have the ability to interact effectively with all
groups;
- Work with health care professionals, community-based health providers, non-governmental
organizations, faith-based organizations, scientific researchers and private industry to
expand the knowledge base about racial and ethnic health disparities and to improve the
health outcomes of minority and indigenous populations.
- Adopt and implement policies and programmes to improve HIV/AIDS prevention efforts in
high-risk communities and work to expand availability of HIV/AIDS care, treatment and
other support services.
New130 The World Conference urges States to take measures and to set
targets to ensure the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health with the view to eliminate disparities in health
status;
33bis (merged) The World Conference urges States, non-governmental
organizations and the private sector to take steps to improve access to public information
on health and environmental issues by all people, including those affected by racism,
racial discrimination, xenophobia and related intolerance; identify and address the
adverse effects of government policies and programmes on the human health and environment
in targeted areas; and promote compliance with and enforcement of all health and
environmental laws, including in areas inhabited by racial or ethnic minorities,
indigenous peoples, or low-income populations.
(Merger of parts of 33bis)
33ter (merged) It further urges States to adopt measures to provide a
proper/safe and healthy environment for racially and ethnically disadvantaged groups;
ensure that they have the ability to meaningfully participate in the public process for
environmental decision-making that may affect them; share technology and best practices to
improve human health and the environment in all areas; seek to prevent or minimize the
industrial pollution that affects them disproportionately; as appropriate to take measures
to clean and redevelop contaminated sites located in or near where they live, turn them
into usable space that is clean and safe for human use and habitation, create jobs and
enhance community development and, where appropriate, to relocate, on a voluntary basis
and after consultation with those affected, racially and ethnically disadvantaged groups
to other areas when there is no other practical alternative to ensuring their health and
well-being.
(Merger of parts of 33bis and New 8)
Equal participation in political, economic, social and cultural
decision-making
30. The World Conference urges/invites Governments, the private
business sector and international [financial] institutions, [particularly/including the
World Bank and regional development banks], to promote participation by persons belonging
to/members of all groups, including [minority groups] individuals and groups affected by
or vulnerable to racism, racial discrimination, xenophobia and related intolerance, in
economic, cultural and social decision-making at all stages and levels [in the development
and implementation of poverty alleviation strategies, development projects, and trade and
market assistance programs].
3(h) The World Conference urges Governments to enhance/reflect on and
facilitate the effective and equal access of all members of the community, including
members of vulnerable groups/individuals and groups affected by or vulnerable to
racism, racial discrimination, xenophobia and related intolerance, to the decision-making
processes in society, in particular at the local level;
30. Alt. The World Conference urges all financial international
institutions, in particular the World Bank and regional development banks, to promote
participation (by all members of the international community (in the decision-making
process at all stages (at the global and regional levels respectively (in order to
facilitate the development projects and trade and market assistance programs, as well as
implementation of poverty alleviation strategies, (the lack of which/non-fulfillment of
which negatively affect the Member States and may lead to (discriminatory behaviour and
xenophobic attitude) against minorities, groups and individuals (in society at large)
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3(h) Alt. The World Conference urges Governments and the private
business sector to promote participation by persons belonging to/members of all groups,
including members of vulnerable groups and groups affected by or vulnerable to racism,
racial discrimination, xenophobia and related intolerance and facilitate their effective
and equal access to the decision-making processes in society, in particular at the local
level.
Role of politicians and political parties
4 (modified) The World Conference urges to promote good governance
based on the principles of democracy, the rule of law, equality, non-discrimination and
transparency and thus reflect the full diversity of a given State. It encourages
[political parties to take concrete steps to promote solidarity, tolerance and respect
inter alia by developing [model] voluntary code[s] of conduct as well as penal measures
for members of such parties who engage in statements and actions that could
encourage or incite racism, racial discrimination, xenophobia and related intolerance and
racist sentiment among the public].
4bis 2 The World Conference invites the Inter Parliamentary Union to
encourage debate in, and action by Parliaments, on legal measures to be taken at national
level to combat racism, racial discrimination, xenophobia and related intolerance
3. Education and awareness raising measures
76bis The World Conference urges States to commit financial resources
to anti-racism education and to media campaigns promoting the values of acceptance,
tolerance, diversity, and respect for the cultures of all Indigenous Peoples living within
their national borders. In particular, States should promote an accurate understanding of
the histories and cultures of Indigenous Peoples.
New 36. Urge the United Nations, other appropriate international and
regional organizations and States to redress the marginalization of Africas
contribution to world history and civilization by developing and implementing a specific
and comprehensive programme of research, education and mass communication to widely
disseminate a balanced and objective presentation of Africas seminal and valuable
contribution to humanity; ADOPTED at 2nd Prep Com
3bis1 (merged). The World Conference encourages all States and relevant
international organizations to initiate and develop cultural and educational programmes
aimed at countering racism, racial discrimination, xenophobia and related intolerance and
enhancing mutual understanding amongst various cultures and civilizations. It further
urges States to initiate public information campaigns to promote respect for the values of
diversity, pluralism, tolerance, mutual respect, cultural sensitivity, integration and
inclusiveness.
(Merger of 3bis1 and 3bis2)
7bis1 (merged). The World Conference calls upon States to ensure that
education and training, especially teacher training, promote respect for human rights, the
culture of peace, gender equality, cultural, religious and other diversity, and encourage
educational and training institutions and organizations to adopt policies of equal
opportunities and follow-up their implementation with the participation of teachers,
parents, boys and girls and the community. It further urges all educators, including
teachers in all post-secondary education processes, religious bodies and the print and
electronic media, to play an effective role in education against racism, racial
discrimination, xenophobia and related intolerance.
(Merger of 7bis1 and 11bis)
15. The World Conference urges States to intensify their efforts in the
field of education to promote the awareness/consciousness of the evils of racism, racial
discrimination, xenophobia and related intolerance,/in order to understand the causes and
sources and denounce their perverse effects in order to ensure the respect for the
dignity and worth of all human beings. In this context, States should develop, where
appropriate, and implement specific sensitisation and training programmes, formulated in
local languages for all categories of society, in particular young people, to combat
racism.
13. [The World Conference calls upon States to commit themselves to
undertaking public information campaigns or other more long-term initiatives, inter alia
through the media, to alert their societies to the dangers of racism, racial
discrimination, xenophobia, [anti-Semitism], Islamophobia and racist practices of Zionism
and related intolerance, and to support initiatives of non-governmental organizations in
this respect. Such campaigns or initiatives need to be addressed to the whole of society,
in particular young people, including children. The World Conference also calls upon
States to undertake and facilitate activities aimed at educating young people in human
rights and democratic citizenship and instilling values of solidarity, respect and
appreciation of diversity. A special effort to inform and sensitise young people to
respect minorities and democratic values should be undertaken or developed to fight
against ideologies based on so-called racial superiority.]
7bis5 (reformulated) The World Conference further urges States to adopt
and implement laws that prohibit discrimination on the basis of race, colour, descent or
national or ethnic origin at all levels of education; remove barriers and ensure equal
access to quality education that maximizes opportunities for employment in today's job
markets; establish and implement methods to measure and track improvement in disadvantaged
youth education performance; support effort to ensure safe school environment free from
violence and free of harassment on the basis of race, colour, descent or national or
ethnic origin; and establish financial assistance programs designed to enable students
regardless of race, colour, descent or ethnic or national origin to attend institutions of
higher education.
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16bis The World Conference urges Governments to support and implement
public formal and non-formal education programmes designed to promote cultural diversity,
self-esteem building and teaching in the mother tongue for national/ethnic minorities and
indigenous peoples.
Access to education without discrimination
12bis Additionally, concerning education in general, the World
Conference appeals to all States to fight against any form of separate schooling based on
national or ethnic origin, colour, descent, or religion and to ensure equal access to
education for all in law and in practice.
New 112 (merged) The World Conference urges States to co |