CONFERENCE THEMES
Draft programme of action
Note by the Secretary-General
This draft programme of action contains three types of paragraphs: (i) paragraphs
adopted at the second and third sessions of the Preparatory Committee, held respectively
from 21 May to 1 June 2001 and from 30 July to 10 August 2001; (ii) paragraphs marked
"ongoing" that were discussed either at the second or third sessions of the
Preparatory Committee, but not adopted; and (iii) paragraphs that represent proposals made
by one or more States during the first and second inter-sessional open-ended working
groups, held respectively from 6 to 9 March 2001 and from 7 to 11 May 2001, and
issued in document A/CONF.189/PC.2/27, which were subsequently reformulated by the Group
of 21, without amendment of the substance of the proposals, and issued in document
A/CONF.189/PC.3/8. The paragraphs in category (iii) were not considered by the Preparatory
Committee at any of its sessions.
GE.01-15626 (E) 220801
I. SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
Recognizing the urgent need to translate the objectives of the Declaration into
a practical and workable Programme of Action, we therefore recommend to the World
Conference: (ONGOING 3rd PrepCom) -1-
The World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance:
1. 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)
[2. [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 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,
underdevelopment and socio-economic exclusion still affecting many such peoples in many
parts of the world, in particular in developing countries;] (ONGOING 3rd PrepCom)
[3. [Recognizes that foreign occupation, especially when grave breaches of the
Fourth 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 3rd
PrepCom)
4. Urges 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; (ONGOING 3rd PrepCom)
II. VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED
INTOLERANCE
Victims: General
5. Urges 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 3rd PrepCom)
6. Urges States to give special attention to the
elaboration of strategies, policies and programmes for persons and groups subject to
multiple discrimination whereby racism and racial discrimination, xenophobia and related
intolerance are aggravated by other forms of discrimination; (ONGOING 3rd PrepCom)
7. Calls upon Governments and States to ensure that its
commitment to addressing past, present and future manifestations of racism, racial
discrimination, xenophobia and related intolerance against vulnerable groups includes, but
is 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 allows for the inclusion of new groups who can
become victims of racism, racial discrimination, xenophobia and related intolerance;
(ONGOING 3rd PrepCom)
8. 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 pandemic diseases 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, stigmatization, discrimination, unemployment and
other negative consequences arising from these pandemics; (ADOPTED at 2nd PrepCom)
[9. Calls upon States, as an integral part of opposing all forms of racism, to
recognize the need to counter anti-Semitism worldwide; it urges all States to take
effective measures to prevent the emergence of movements based on racism and
discriminatory ideas concerning the Jewish community;] -2- (ONGOING 3rd PrepCom)
Africans and people of African descent
10. Urges 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 PrepCom)
11. Requests States, supported by international
cooperation as appropriate, to consider positively concentrating additional investments in
health-care systems, education, public health, electricity, drinking water and
environmental control, as well as other affirmative or positive action initiatives in
communities of primarily African descent; (ADOPTED at 3rd PrepCom)
12. Calls 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 PrepCom)
13. Requests the Commission on Human Rights to consider
establishing a working group or other mechanism of 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 PrepCom)
14. 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:
(a) Assign particular priority, and allocate sufficient funding, within their areas of
competence and budgets, to improving the situation of Africans and people of African
descent, while devoting special attention to the needs of these populations in developing
countries, inter alia through the preparation of specific programmes of
action;
(b) 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;
(c) Develop programmes intended for people of African descent allocating additional
investments to health systems, education, housing, electricity, drinking water and
environmental control measures and promoting equal opportunities in employment, as well as
other affirmative or positive action initiatives; (ADOPTED at 3rd PrepCom)
15. 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;
(ADOPTED at 3rd PrepCom)
16. Urges States to ensure access to education and
promote access to new technologies that would offer Africans and people of African
descent, in particular women and children, adequate resources for education, technological
development and long-distance learning in local communities, and further urges States to
promote the full and accurate inclusion of the history and contribution of Africans and
people of African descent in the education curriculum; (ADOPTED at 3rd PrepCom)
17. Encourages States to identify factors which prevent
equal access to, and the equitable presence of, people of African descent at all levels of
the public sector, including the public service, and in particular the administration of
justice, and to take appropriate measures to remove the obstacles identified and also to
encourage the private sector to promote equal access to, and the equitable presence of,
people of African descent at all levels within their organizations; (ADOPTED at 3rd
PrepCom)
18. Calls upon States to take specific steps to ensure
full and effective access to the administration of justice for all citizens, particularly
those of African descent; (ONGOING 3rd PrepCom)
19. Urges States, in accordance with international
human rights standards and their respective domestic legal framework, to resolve problems
of ownership of ancestral lands inhabited for generations by people of African descent and
to promote the productive utilization of land and the comprehensive development of these
communities, respecting their culture and their specific forms of decision-making;
(ADOPTED at 3rd PrepCom)
Indigenous peoples
20. Urges States:
(a) To adopt or continue to apply, in concert 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 to guarantee 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; (ADOPTED at
3rd PrepCom)
(b) To promote better knowledge of and respect for indigenous cultures and heritage;
and welcomes measures already taken by States in these respects; (ADOPTED at 3rd PrepCom)
21. Urges States to work with indigenous peoples to
stimulate their access to economic activities and increase their level of employment,
where appropriate, through the establishment, acquisition or expansion by indigenous
peoples of enterprises, and the implementation of measures such as training, the provision
of technical assistance and credit facilities; (ADOPTED at 3rd PrepCom)
22. Urges States to work with indigenous peoples to
establish and implement programmes that provide access to training and services that could
benefit the development of their communities; (ADOPTED at 3rd PrepCom)
23. Requests States to adopt public policies and give
impetus to programmes on behalf of and in concert with 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 ethnicity; to dealing
with urgent problems affecting them in regard to education, their physical and mental
health, economic life and in the matter of violence against them, including domestic
violence; and to eliminating the situation of aggravated discrimination suffered by
indigenous women and girls on multiple grounds of racism and gender discrimination;
(ADOPTED at 3rd PrepCom)
24. Recommends that States examine, in conformity with
relevant international human rights instruments, norms and standards, their
Constitutions, laws, legal systems and policies in order to identify and eradicate racism,
racial discrimination, xenophobia and related intolerance towards indigenous peoples and
individuals, whether implicit, explicit or inherent; (ADOPTED at 3rd PrepCom)
25. Calls upon concerned States to honour and respect
their treaties and agreements with indigenous peoples and to accord them due recognition
and observance; (ADOPTED at 3rd PrepCom)
26. Calls upon States to give full and appropriate
consideration to the recommendations produced by indigenous peoples in their own forums on
the World Conference; (ADOPTED at 3rd PrepCom)
27. Requests States:
(a) To develop and, where they already exist, support institutional mechanisms to
promote the accomplishment of the objectives and measures relating to indigenous peoples
agreed in this Plan of Action;
(b) To promote in concert with indigenous organizations, local authorities and
non-governmental organizations, actions aimed at overcoming racism, racial discrimination,
xenophobia and related intolerance against indigenous peoples and to make regular
assessments of the progress achieved in this regard;
(c) To promote understanding among society at large of the importance of special
measures to overcome disadvantages faced by indigenous peoples;
(d) To consult indigenous representatives in the process of decision-making concerning
policies and measures that directly affect them; (ADOPTED at 3rd PrepCom)
28. Calls upon States to recognize the particular
challenges faced by indigenous peoples and individuals living in urban environments and
urges States to implement effective strategies to combat the racism, racial
discrimination, xenophobia and related intolerance they encounter, paying particular
attention to opportunities for their continued practice of their traditional, cultural,
linguistic and spiritual ways of life; (ADOPTED at 3rd PrepCom)
Migrants
29. Requests all States to combat manifestations of a
generalized rejection of migrants and actively to discourage all racist demonstrations and
acts that generate xenophobic behaviour and negative sentiments towards, or rejection of,
migrants; (ADOPTED at 3rd PrepCom)
30. Invites international and national non-governmental
organizations to include monitoring and protection of the human rights of migrants in
their programmes and activities and to sensitize Governments and increase public awareness
in all States about the need to prevent racist acts and manifestations of discrimination,
xenophobia and related intolerance against migrants; (ADOPTED at 3rd PrepCom)
31. Requests States to promote and protect fully and
effectively the human rights and fundamental freedoms of all migrants, in conformity with
the Universal Declaration of Human Rights and their obligations under international human
rights instruments, regardless of the migrants immigration status; (ADOPTED at 3rd
PrepCom)
32. Encourages States to promote education on the human
rights of migrants and to engage in information campaigns to ensure that the public
receives accurate information regarding migrants and migration issues, including the
positive contribution of migrants to the host society and the vulnerability of migrants,
particularly those who are in an irregular situation; (ADOPTED at 3rd PrepCom)
33. [ Calls upon States to
facilitate family reunification, which has a positive effect on integration, with due
regard to the need for family members to have an independent status;]
(ONGOING 3rd PrepCom)
34. Urges States to take concrete measures that would
eliminate racism, racial discrimination, xenophobia and related intolerance in the
workplace, including against migrants, [ including migrant
workers,] and ensure the full equality of all before the law,
including labour law, and further urges States to eliminate barriers, where appropriate,
to: participating in vocational training, collective bargaining, employment, contracts and
trade union activity; accessing judicial and administrative tribunals dealing with
grievances; seeking employment in different parts of their country of residence; and
working in safe and healthy conditions; (ADOPTED at 3rd PrepCom)
35. Urges States:
(a) To develop and implement policies and action plans, and to reinforce and implement
preventive measures, in order to foster greater harmony and tolerance between migrants and
host societies, with the aim of eliminating 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] ;
(ADOPTED at 3rd PrepCom)
(b) To review and revise, where necessary, their immigration laws, policies and
practices so that they are free of racial discrimination and compatible with States
obligations under international human rights instruments; (ADOPTED at 3rd PrepCom)
(c) To implement specific measures involving the host community and migrants in order
to encourage respect for cultural diversity, to promote the fair treatment of migrants and
to develop programmes, where appropriate, that facilitate their integration into social,
cultural, political and economic life; (ADOPTED at 3rd PrepCom)
(d) To ensure that migrants, regardless of their immigration status, detained by public
authorities, are treated with humanity and in a fair manner, and receive effective legal
protection and, where appropriate, the assistance of a competent interpreter in accordance
with the relevant norms of international law and human rights standards, particularly
during interrogation; (ADOPTED at 3rd PrepCom)
(e) To ensure that the police and immigration authorities treat migrants in a dignified
and non-discriminatory manner, in accordance with international standards, through, inter alia,
organizing specialized training courses for administrators, police officers, immigration
officials and other interested groups; (ADOPTED at 3rd PrepCom)
(f) To consider the question of, with a view to promoting, the recognition of the
educational, professional and technical credentials of migrants, with a view to maximizing
their contribution to their new States of residence; (ADOPTED at 3rd PrepCom)
(g) To take all possible measures to promote the full enjoyment by [
migrants, including migrant workers] , of all human rights,
including those related to fair wages and equal remuneration, [
pensions,] social security, access to education, health care,
social services and respect for their cultural identity; (ACCEPTABLE, BUT ONGOING 3rd
PrepCom)
(h) To consider adopting and implementing immigration policies and programmes that
would enable immigrants, in particular women and children who are victims of spousal or
domestic violence, to free themselves from abusive relationships; (ADOPTED at 3rd PrepCom)
36. Urges States, in the light of the increased
proportion of women migrants, to place special focus on gender issues, including gender
discrimination, particularly when the multiple barriers faced by migrant women intersect;
detailed research should be undertaken not only in respect of human rights violations
perpetrated against women migrants, but also on the contribution they make to the
economies of their countries of origin and destination/host countries, and the findings
should be included in reports to treaty bodies; (ADOPTED at 3rd PrepCom)
37. Urges States to recognize the same economic
opportunities and responsibilities to documented long-term migrants as to other members of
society; -3- (ADOPTED at 3rd
PrepCom)
Refugees
38. Urges States to comply with their obligations under
international human rights, refugee and humanitarian law relating to refugees,
asylum-seekers and displaced persons, and urges the international community to provide
them with protection and assistance in an equitable manner and with due regard to their
needs in different parts of the world, in keeping with principles of international
solidarity, burden sharing and international cooperation to share responsibilities;
(ADOPTED at 3rd PrepCom)
39. Urges States to recognize the various 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 Office of the United Nations High
Commissioner for Refugees and other organizations, as appropriate; (ONGOING 3rd PrepCom)
40. Urges States to take effective steps to protect
refugee and internally displaced women and girls from violence, to investigate any such
violations and to bring those responsible to justice, in collaboration, when appropriate,
with the relevant and competent organizations; (ADOPTED at 3rd PrepCom)
41. [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];
Other victims
42. Urges States to take all possible measures to ensure
that all persons, without any discrimination, are registered and have access to the
necessary documentation reflecting their legal identity to enable them to benefit from
available legal procedures, remedies and development opportunities, as well as to reduce
the incidence of trafficking; (ADOPTED at 3rd PrepCom)
43. Recognizes that victims of trafficking are
particularly exposed to racism, racial discrimination, xenophobia and related intolerance.
States shall ensure that all measures taken against trafficking in persons, in particular
those that affect the victims of such trafficking, are consistent with internationally
recognized principles of non-discrimination, including the prohibition of racial
discrimination and the availability of appropriate legal redress; (ADOPTED at 3rd
PrepCom)
44. Calls upon States to ensure that
Roma/Gypsy/Sinti/Traveller children and youth, especially girls, are given equal access to
education and that educational curricula at all levels, including complementary programmes
on intercultural education, which might, inter alia, include opportunities for them
to learn the official languages in thee pre-school period and to recruit Roma teachers and
classroom assistants in order for such children and youth to learn in their mother-tongue,
are sensitive and responsive to their needs; (ADOPTED at 3rd PrepCom)
45. Encourages States, to adopt appropriate and
concrete policies and measures, to develop implementation mechanisms, where these do not
already exist, and to exchange experiences, in cooperation with representatives of the
Roma/Gypsies/Sinti/Travellers, in order to eradicate discrimination against them, enable
them to achieve equality and ensure their full enjoyment of all their human rights, as
recommended in the case of the Roma by the Committee on the Elimination of Racial
Discrimination in its General Recommendation XXVII, so that their needs are met; (ADOPTED
at 3rd PrepCom)
46. Recommends that the intergovernmental organizations
address, as appropriate, in their projects of cooperation with and assistance to
various States, in their projects of the situation of the Roma /Gypsies/Sinti/Travellers
and promote their economic, social and cultural advancement; (ADOPTED at 3rd PrepCom)
47. Calls upon States and encourages non-governmental
organizations to raise awareness about the racism, racial discrimination, xenophobia and
related intolerance experienced by the Roma/Gypsies/Sinti/Travellers, and to promote
knowledge and respect for their culture and history; (ADOPTED at 3rd PrepCom)
48. Encourages the media to promote equal access to and
participation in the media for the Roma/Gypsies/Sinti/Travellers, as well as to protect
them from racist, stereotypical and discriminatory media reporting, and calls upon States
to facilitate the medias efforts in this regard; (ADOPTED at 3rd PrepCom)
49. Urges States 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 [ within the framework of the purposes and
principles of the Charter of the United Nations] ./ [ Persons belonging to such minorities shall exercise their rights
within the framework of the principles of the United Nations, including sovereign
equality, territorial integrity and political independence of States in which they live.] ; (ADOPTED at 3rd PrepCom)
50. States should guarantee the rights of persons belonging to
national or ethnic, religious and linguistic minorities, individually or in community with
other members of their group, to enjoy their own culture, to profess and practise to
enjoy, their own religion, and to use their own language, in private and in public, freely
and without interference, and to participate effectively in the cultural, social, economic
and political life of the country in which they live in order to protect them from any
form of racism, racial discrimination, xenophobia and related intolerance that they are or
may be subjected to; (ADOPTED at 3rd PrepCom)
51. Urges States to take, where applicable, appropriate
measures to prevent racial discrimination against persons belonging to [
racial] , [ national, ethnic,
religious and linguistic minorities] in respect of employment,
housing and education in order to protect them from any form of racism, racial
discrimination, xenophobia and related intolerance that they are or may be subjected to;
(ONGOING 3rd PrepCom)
52. Urges States to incorporate a gender perspective in
all programmes of action against racism, racial discrimination, xenophobia and related
intolerance and to consider the burden of such discrimination which falls particularly 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 a means of promoting their participation in
the economic and productive development of their communities; (ADOPTED at 2nd PrepCom)
53. Urges 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
PrepCom)
54. Recognizing that poverty shapes economic and social
status and establishes obstacles to the effective political participation of women and men
in different ways and to different extents, urges States to undertake gender analyses on
all economic and social policies and programmes, especially poverty eradication measures,
including those designed and implemented to benefit those individuals or groups [ who are, or may be, victims of/subject to]
racism, racial discrimination, xenophobia and related intolerance; (ADOPTED at 3rd
PrepCom)
55. Urges States and encourages all sectors of society
to empower women and girls [ who are or may be subject
to/victims of] racism, racial discrimination, xenophobia and
related intolerance, so that they can fully exercise their rights in all spheres of public
and private life, and to ensure the full, equal and effective participation of women in
decision-making at all levels, in particular in the design, implementation and evaluation
of policies and measures which affect their lives; (ADOPTED at 3rd PrepCom)
56. Urges States:
(a) To fulfil their obligations under fully respect international
human rights law and international humanitarian law applicable to the rights and
protection of women and girls; (ACCEPTABLE BUT ONGOING 3rd PrepCom)
(b) To recognize 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 populations [ can] /constitute[
s] a serious violation of international humanitarian law and a
gross violation of human rights, and that the intersection of discrimination on the basis
of gender race and gender and racism, racial discrimination, xenophobia
and related intolerance makes women and girls particularly vulnerable to this type of
violence; -4- (ONGOING 3rd
PrepCom)
(c) To end impunity and prosecute those responsible for genocide, crimes against
humanity and war crimes, including crimes related to sexual and other gender-based / types
of violence to which women are particularly vulnerable in situations of armed conflict /
against women and girls girls, as well as to ensure that persons in authority who
commit, order, solicit or induce the commission, aid, abet or assist in the commission tolerate,
aid, abettolerate, aid, abet and consent to the use of sexual and gender-based /
other types of violence / types of violence to which women are particularly vulnerable in
situations of armed conflict are identified, investigated, prosecuted and punished;
(ONGOING 3rd Prep Com)
(d) To take special measures to protect women and girls from gender-based violence,
particularly rape and all other forms of sexual violence, during armed conflict; (ONGOING
3rd Prep Com)
57. Requests States, in collaboration where necessary
with international organizations, having the best interests of the child as a primary
consideration, to provide protection against racism, racial discrimination, xenophobia and
related intolerance against children, especially those in circumstances of particular
vulnerability, and to pay special attention to the situation of such children when
designing relevant policies, strategies and programmes; (ADOPTED at 3rd Prep Com)
58. Urges States, in accordance with their national law
and their obligations under the relevant international instruments, to take all measures
to the maximum extent of their available resources to guarantee, without any
discrimination, the equal right of all children to the immediate registration of birth, in
order to enable them to exercise their human rights and fundamental freedoms; (ONGOING 3rd
PrepCom)
59. Urges States, and international and regional
organizations, and encourages non--governmental organizations and the private sector to
address the situation of persons with disabilities who are also subject to racism, racial
discrimination, xenophobia and related intolerance; also urges States to take necessary
measures to ensure their full enjoyment of all human rights and to facilitate their full
integration into all fields of life; (ADOPTED at 3rd Prep Com) -5-
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
60. Urges States to adopt and implement, at both the at
national and international levels, to adopt and implement effective measures and policies,
in addition to existing anti-discrimination national legislation and relevant
international instruments and mechanisms, which encourage all citizens and institutions to
take a stand against racism, racial discrimination, xenophobia and related intolerance,
and to recognize, respect and maximize the benefits of diversity within and among all
nations 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, democracy, fairness and friendship, tolerance and respect within and
between communities and nations, in particular through public information and education
programmes to raise awareness and understanding of the benefits of cultural diversity,
including programmes where the public authorities work in partnership with international
and non-governmental organizations and other sectors of civil society; ( ADOPTED at 3rd
Prep Com)
61. Urges States to adopt or strengthen, as
appropriate, national programmes for eradicating poverty and reducing social exclusion
which take account of the needs and experiences of [
individuals and groups affected by or vulnerable to /victims of]
racism, racial discrimination, xenophobia and related intolerance, and also urges that
they expand their efforts to foster bilateral, regional and international cooperation in
implementing those programmes; (ADOPTED at 3rd Prep Com)
62. Urges States to work to ensure that their political
and legal systems reflect the multi-cultural diversity within their societies and where
necessary to improve democratic institutions so that they are more fully participatory and
avoid marginalization, exclusion and discrimination against specific sectors of society;
(ADOPTED at 3rd Prep Com)
63. Calls upon States to adopt and implement effective
legislative, policy and programme measures at the national, regional and international
levels with a view to combating propaganda that advocates racism, racial discrimination,
xenophobia and related intolerance [ and false accusations
constituting defamation; ] (ONGOING 3rd Prep Com)
64. Urges States to take all necessary measures to
address specifically address, through policies and programmes, racism and racially
motivated violence against women and girls and to increase cooperation, policy responses
and effective implementation of national legislation and of their obligations under
relevant international instruments, and other protective and preventive measures aimed at
the elimination of all forms of racially motivated discrimination and violence against
women and girls; (ADOPTED at 3rd Prep Com)
65. 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 protecting trafficked persons, with a view to
preventing trafficking in persons and protecting 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 to avoid the risk of unwittingly participating in
illegal activities]; (ONGOING 3rd PrepCom) -6-
66. 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 programmes designed to provide assistance to, protection for,
healing, reintegration into society and rehabilitation into society of victims, including
through job training, legal assistance and health care, and by taking measures to
cooperate with non-governmental organizations to provide for the social, medical and
psychological care of victims, and to prosecute offenders, including intermediaries;
(ONGOING 3rd PrepCom) -7-
A. National level
1. Legislative, judicial, regulatory, administrative and other measures
to prevent and protect against racism, racial discrimination, xenophobia and related
intolerance
67. Urges States to establish and implement without delay national policies
and action plans to combat racism, racial discrimination, xenophobia, [
anti-Semitism, Islamophobia] and related intolerance, including
their gender-based manifestations; (ADOPTED at 3rd Prep Com)
68. Urges States to reaffirm their democratic commitment and take the
necessary legislative and judicial measures in accordance with their international human
rights obligations to prohibit and prosecute acts of incitement to racial hatred, as well
as to imminent violence emanating thereofrom or based on racism, racial discrimination,
xenophobia and related intolerance by individuals, whether alone or in association with
others, and to unequivocally condemn and take concrete measures to discourage all forms of
racist or xenophobic propaganda and publicity promoted by organizations, associations,
political parties or groups based on or influenced by ideas, theories or doctrines of the
superiority of one race, nation or ethnic group, [ including
anti--Semitism and Islamophobia] and that seek to justify
racial hatred, xenophobia or racial discrimination. /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
recognize that participation in such organizations is an offence punishable by law;
(ONGOING 3rd PrepCom)
69. 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, who
are [ vulnerable to or victims of]
racism, racial discrimination, xenophobia and related intolerance. Special attention
should be given to protecting people engaged in domestic work and trafficked persons, [ including victims of prostitution,] from
discrimination and violence, as well as to combating prejudice against them; (ADOPTED at
3rd Prep Com)
70. 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 to review existing measures
with a view to amending or revising national legislation and administrative provisions
that may give rise to discrimination;
71. Urges States to devise strategies to combat multiple forms of
discrimination, including their root causes, from a gender perspective, with special
emphasis on gender-based racial discrimination, in order to develop and implement policies
and programmes aimed at the elimination of all forms of discrimination against women and
girls, and to empower them, as well as all targeted groups, especially those subject to
multiple forms of discrimination through enabling them to claim their rights and ensuring
their full, equal and effective participation in decision-making at all levels, in
particular in the design and implementation of evaluation of policies and measures which
affect their lives;. (ONGOING 3rd PrepCom)
72. [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; 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 cooperation, including
with non-governmental organizations that assist victims, to combat this traffic;]
73. Urges States to ensure that all necessary constitutional, legislative
and administrative measures, including appropriate forms of affirmative action, are in
place to prohibit and redress discrimination on the basis of work and descent, and that
such measures are respected and implemented by all State authorities at all levels; -8-
74. 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 to 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)
75. 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, against persons belonging to targeted groups, and emphasizes that
individuals belonging to targeted groups should be invited and encouraged to participate
in the design and development of preventive policies and measures;
76. Urges States 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 specific racial groups and to allow sufficient time for those
investigations to be completed; / and declare a moratorium on executions pending
such investigations and declare a moratorium on executions pending such
investigations; (ONGOING 3rd Prep Com)
77. 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]
; (ONGOING 3rd Prep Com)
78. Urges States, including their law enforcement agencies, to design and
fully implement effective policies and programmes to prevent, detect and ensure
accountability for misconduct by police officers and other law enforcement personnel which
is motivated by racism, racial discrimination, xenophobia and related intolerance and to
prosecute perpetrators of such misconduct; (ADOPTED at 3rd PrepCom)
79. Urges States to design, implement and enforce effective measures to
eliminate the phenomenon popularly known as "racial profiling" and comprising
the practice of police and other law enforcement officers relying, to any degree, on race,
colour, descent or national or ethnic origin as the basis for subjecting persons to
investigatory activities or for determining whether an individual is engaged in criminal
activity. [ In cases where a law enforcement officer is seeking
to investigate or apprehend a specific suspect whose race, colour, descent, national or
ethnic origin is part of the description of the suspect, reliance on such descriptive
characteristics shall not be considered to be "racial profiling";] (ADOPTED at 3rd PrepCom)
80. Urges States to take measures to prevent genetic research or its
applications from being used to promote racism, racial discrimination, xenophobia and
related intolerance, to protect the privacy of personal genetic information and to prevent
such information from being used for discriminatory or racist purposes; (ADOPTED at 3rd
PrepCom)
81. Urges States, non-governmental organizations and the private sector:
(a) To create and implement policies that promote a high-quality and diverse police
force free from discrimination on the basis of race, and recruit actively all groups,
including minorities, into public employment, including the police force and other
agencies within the criminal justice system (such as prosecutors);
(b) To 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, among others, local community leaders and
national and local law enforcement officials, to improve coordination, community
involvement, training, education and data collection, with the aim of preventing such
violent criminal activity;
- Ensuring that civil rights laws that prohibit violent criminal activity are strongly
enforced;
- Enhancing data collection regarding violence motivated by race, colour, descent or
national or ethnic origin;
- Providing appropriate assistance to victims, and public education to prevent future
incidents of violence motivated by race, colour, descent or national or ethnic origin.
Ratification of and effective implementation of relevant international and regional
legal instruments on human rights and non-discrimination
82. 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, to comply with their reporting
obligations, and to publish and act upon the concluding observations of the Committee on
the Elimination of Racial Discrimination. It also urges States to withdraw reservations
contrary to the object and purpose of that Conventionthe ICERD and to consider withdrawing
other reservations; (ADOPTED at 3rd Prep Com)
83. Urges States to give due consideration 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 all appropriate steps are taken to
follow up on these observations and recommendations; (ADOPTED at 3rd PrepCom)
84. Urges States to declare an offence punishable by
law and to take legal action ex officio against all acts of racial discrimination
under the International Convention on the Elimination of All Forms of Racial
Discrimination/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 membership in organizations promoting racism,
racial discrimination, xenophobia, anti-Semitism and related intolerance a criminal
offence;
85. Urges those States that have not yet done so to
consider signing and ratifying or acceding to the following instruments :
(a) Convention on the Prevention and Punishment of the Crime of Genocide, 1948;
(b) ILO International Labour Organization Migration for Employment Convention
(Revised), 1949 (No. 97);
(c) Convention for the Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of oOthers, 1949 ;
(d) Convention relating to the Status of Refugees of 1951, and its 1967 Protocol ;
(e) International Labour OrganizationILO Discrimination Convention, (Employment and
Occupation), 1958 (No. 111);
(f) Convention against Discrimination in Education, adopted on
14 December 1960 by the General Conference of the United Nations Educational,
Scientific and Cultural Organization;
(g) Convention on the Elimination of All Forms of Discrimination against
Women 1979, with a view to achieving universal ratification within five years, and
its Optional Protocol of 1999;
(h) Convention on the Rights of the Child of 1989, and its two Optional Protocols
of 2000, and the International Labour OrganizationILO Minimum Age Convention, 1973
(No. 138) and Worst Forms of Child Labour Convention, 1999 (No. 182) ;;
(i) International Labour Organization ILO Migrant Workers (Supplementary Provisions)
)Convention, 1975 (No. 143) ;
(j) International Labour OrganizationILO Indigenous and Tribal Peoples Convention, 1989
(No. 169) and the Convention on Biological Diversity, 1992 ;
(k) International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, 1990 ;
(l) The Rome Statute of the International Criminal Court, 1998;
(m) United Nations Convention against Transnational Organized Crime, the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the Convention and the Protocol against the smuggling of Migrants by Land,
Sea and Air, supplementing the Convention, 2000;
It further urges States Parties to these instruments to to fully implement them fully;
(ADOPTED at 3rd Prep Com)
86. Calls upon 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, proclaimed by the General Assembly in its
resolution 36/55, of 25 November 1981, in order to obviate religious discrimination
against people of African descent;
87. Urges States to seek full respect for, and
compliance with, the Vienna Convention on Consular Relations of 1963, 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;
88. [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 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.];
89. Underlines the importance of combating impunity,
including for crimes with a racist or xenophobic motivation, also at the international
level [noting that impunity for 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;
90. [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 1998 of the International Labour
Organization;]
91. 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;]
92. 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 cooperation;
Prosecution of perpetrators of racist acts
93. 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;
94. Urges 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)
95. Recalls the negative influence of right-wing,
neo-fascist, nationalist and racial ideologies on young people and calls for special
measures to eliminate it;
96. Urges/calls upon States:
To bring to justice those responsible for the 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 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
cooperation;/
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;
97. Urges States parties:
To adopt legislation implementing the obligations they have
assumed to prosecute and punish persons who have committed or ordered to be committed
grave breaches of the Geneva Conventions of 12 August 1949 and Additional Protocol I
thereto and of other serious violations of the laws and customs of war, in particular in
relation to the principle of non-discrimination; (ADOPTED at 3rd PrepCom)
98. Calls upon 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;
99. Urges States and encourages intergovernmental and
non-governmental organizations to take all necessary measures at the national and
international levels to address the issue of missing persons who are victims of racism,
racial discrimination, xenophobia and related intolerance during armed conflicts which
occurred in the context of serious violations of international humanitarian and human
rights law, and to provide necessary assistance as requested by the most seriously
affected States; -9- (ONGOING
3rd PrepCom)
100. 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 the same vigour as other similarly serious
crimes;
101. Urges States to carry out comprehensive,
exhaustive, timely and impartial investigations of all unlawful acts of racism and racial
discrimination, to prosecute criminal offences ex officio, as appropriate, or
initiate or facilitate all appropriate actions arising from offences of a racist or
xenophobic nature, to ensure that criminal and civil investigations, and prosecutions of
offences of a racist or xenophobic nature are given high priority and are actively and
consistently undertaken, and ensure the right to equal treatment before the tribunals and
all other organs administering justice. In this regard, the World Conference 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
respect, it recommends that anti-discrimination monitoring services be established;
(ADOPTED at 3rd PrepCom)
Establishment and reinforcement of independent specialized national institutions and
mediation
102. Urges States, as appropriate, to establish,
strengthen, review and reinforce the effectiveness of independent national human rights
institutions, particularly on issues of racism, racial discrimination, xenophobia and
related intolerance, in conformity with the Principles relating to the status of national
institutions for the promotion and protection of human rights, annexed to General Assembly
resolution 48/134 of 20 December 1993, and to provide them with adequate financial
resources, competence and capacity for investigation, research, education and public
awareness activities to combat these phenomena; (ADOPTED at 3rd PrepCom)
103. Also urges States:
(a) To foster cooperation between these institutions and other national institutions;
(b) To take steps to ensure that [ individuals and groups
that are or may be subject to racism, racial discrimination, xenophobia and related
intolerance] can participate fully in these institutions;
(c) To support these institutions and similar bodies, inter alia through 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, functions and mechanisms of these practices and the strategies designed to
prevent, combat and eradicate them; (ADOPTED at 3rd PrepCom)
2. Policies and practices
Data collection and disaggregation, research and study
104. Urges States:
(a) To collect, compile and disseminate data on the situation of groups which are
victims of racially motivated discrimination, xenophobia and related intolerance 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;
(b) To promote quantitative, qualitative and gender-sensitive research on the subject
with the full and equal participation of those concerning whom the research is being
undertaken;
(c) To institute routine monitoring of racist acts at the local and national levels 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 the infant mortality rate,
life expectancy, the 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];
(d) 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;
(e) To share/exchange experiences and successful practices with other States; (ONGOING
3rd PrepCom)
105. [Governments should collect] The World Conference further
invites States:
(a) To collect or examine ways of collecting better statistical data and analyse 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;
(b) 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;
106. Urges States to ensure that all data and
information are collected in accordance with provisions on human rights and fundamental
freedoms, such as data protection regulations and privacy guarantees;
107. [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.];
108. Urges States to compile and publish statistics on
incidents and complaints of police brutality on a regular basis to determine whether
criminal justice policies or programmes have an imply discrimination
against unjustified disparate impact racial and ethnic minorities,
those discriminated on the basis of/who are subject to racism, racial
discrimination, xenophobia and related intolerance with a view to identifying and
eliminating these practices, and also encourages non-governmental organizations and other
interested sectors to continue their work in compiling and publishing such statistics;
(ONGOING 3rd PrepCom)
109. Invites States to promote the study and adoption
of an integral, objective and long-term approach to all phases and aspects of migration
which 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;
110. 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;
111. Invites the international institutions to study
the causes of migrations in specific cases and to cooperate with the countries of origin
in addressing the causes of migratory flows;
112. Calls for studies to address the effects of
economic globalization on migration trends and the resurgence of racism, racial
discrimination, xenophobia and related intolerance;
113. Urges States to compile and publish, where
appropriate, statistical data disaggregated by race and ethnicity to determine whether
employment policies or programmes have an unjustified disparate impact on racial and
ethnic minorities, and to support the development of specific policies or programmes;
114. Urges States to adopt and implement social
development policies based on reliable statistical data and centred on the attainment, by
the year 2015, of the commitments to meet the basic needs of all set forth in paragraph 36
of the Programme of Action of the World Summit for Social Development, held at Copenhagen
in 1995, with a view to significantly close the existing gaps in living conditions faced
by groups victims of racism, racial discrimination, xenophobia and related intolerance,
especially regarding the illiteracy rate, universal primary education, infant mortality,
under-five child mortality, reproductive health care to all, and access to safe drinking
water. Promotion of gender equality will also be taken into account in the adoption and
implementation of these policies; -10-
(ONGOING 3rd PrepCom)
115. Urges Governments, non-governmental organizations
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;
116. Recommends that States include in their periodic
reports to the treaty bodies, 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;
117. 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-prosecution and the outcome of prosecutions; -11- (ONGOING 3rd PrepCom)
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.
118. The World Conference recognizes that combating racism, racial
discrimination, xenophobia and related intolerance is a primary responsibility of States.
It therefore encourages States to develop or elaborate national action plans to promote
diversity, equality, equity, social justice, equality of opportunity and the participation
of all. Through, among other things, affirmative or positive actions and strategies, these
plans should aim at creating conditions for all to participate effectively in
decision-making and realize civil, cultural, economic, political and social rights in all
spheres of life on the basis of non-discrimination. The World Conference encourages
States, in developing and elaborating such action plans, to establish, or reinforce,
dialogue with non-governmental organizations in order to involve them more closely in
designing, implementing and evaluating policies and programmes; (ADOPTED at 3rd PrepCom)
119. Urges States 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;
120. 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;
121. 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 cooperation measures with the United
Nations agencies, the Organization of American States and international financial bodies,
and also requests that these agencies provide an adequate response to requests for such
services;
122. 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 and to eliminate by the year 2010 the disparities these groups experience, inter
alia in the infant mortality rate, childhood immunization, HIV/AIDS, heart disease,
cancer and contagious diseases;
123. 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 in order 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;
124. Urges States to prevent and eliminate, where they
exist, racially discriminatory policies and practices in access to public and private
employment, business opportunities, 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;
125. 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;
126. 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;
Employment
127. 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;
128. Urges States and encourages non-governmental
organizations and the private sector:
(a) To support the creation of workplaces free of discrimination through a multifaceted
strategy that includes civil rights enforcement, public education and communication within
the workplace, and to promote and protect the rights of workers who are subject to racism,
racial discrimination, xenophobia and related intolerance;
(b) To foster the creation, growth and expansion of businesses dedicated to improving
economic and educational conditions in underserved 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, and to
work with the private sector to create jobs, help retain existing jobs and stimulate
industrial and commercial growth in economically distressed areas; (ADOPTED at 3rd
PrepCom)
129. 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;
130. 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;
131. 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, in the teaching profession and
guarantee them effective equality of access to it. Particular efforts should be made to
recruit women and men who have the ability to interact effectively with all groups;
132. Calls upon all States to recognize 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;
133. Calls upon all States to provide protection to
victims of racism, racial discrimination, xenophobia and related intolerance in the
workplace through access to effective labour- and employment-relevant administrative
institutions and processes, legal procedures and other remedial action;
Health, environment
134. Urges States, individually and through international
cooperation, to enhance measures to fulfil the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, with a view to eliminating
disparities in health status, as indicated in standard health indexes, which might result
from racism, racial discrimination, xenophobia and related intolerance; (ADOPTED at 2nd
PrepCom)
135. Urges States and encourages non-governmental
organizations and the private sector:
(a) To provide effective mechanisms for monitoring and eliminating racism, racial
discrimination, xenophobia and related intolerance in the health-care system, such as the
development and enforcement of effective anti-discrimination laws;
(b) To take steps to ensure equal access to comprehensive, quality health care
affordable for all, including primary health care for medically underserved people,
facilitate the training of a health workforce that is both diverse and motivated to work
in underserved communities, and work to increase diversity in the health-care profession
by recruiting women and men from all groups on merit and potential, representing the
diversity of their societies, for health-care careers and by retaining them in the health
professions;
(c) To work with health-care professionals, community-based health providers,
non-governmental organizations, scientific researchers and private industry as a means of
improving the health status of marginalized communities, in particular victims of racism,
racial discrimination, xenophobia and related intolerance;
(c) bis To work with health professionals, scientific researchers and
international and regional health organizations to study the differential impacts of
medical treatments and health strategies on various communities;
(d) To 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; (ADOPTED 3rd PrepCom)
136. 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 a view to eliminating disparities in health status;
137. 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 human health and the 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;
138. 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 participate meaningfully in the public process of
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; take all appropriate 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, 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 for ensuring their health and
well-being;
Equal participation in political, economic, social and cultural decision-making
139. Urges States and encourages the private sector and
international financial and development institutions, such as the World Bank and regional
development banks, to promote participation of [ persons
belonging to all groups, affected by or vulnerable to/victims of]
racism, racial discrimination, xenophobia and related intolerance, in economic, cultural
and social decision-making at all stages, particularly in the development and
implementation of poverty alleviation strategies, development projects, and trade and
market assistance programmes; (ADOPTED at 3rd PrepCom)
140. 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;
141. Urges all international financial 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 development projects
and trade and market assistance programmes, as well as the implementation of poverty
alleviation strategies], [the lack of which/non-fulfilment of which negatively affects the
Member States and may lead to [discriminatory behaviour and xenophobic attitudes] against
minorities, groups and individuals [in society at large];
142. Urges Governments and the private 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
143. Urges States 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 that engage in statements and actions that could encourage
or incite racism, racial discrimination, xenophobia and related intolerance and
racist sentiment among the public];
144. Invites the Inter-Parliamentary Union to encourage
debate in, and action by, Parliaments on legal measures to be taken at the national level
to combat racism, racial discrimination, xenophobia and related intolerance;
3. Education and awareness-raising measures
145. Urges States, where appropriate working with other
relevant bodies, 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; (ADOPTED at 3rd PrepCom)
146. Urges 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 disseminate widely a balanced and objective presentation of Africas
seminal and valuable contribution to humanity; (ADOPTED at 2nd PrepCom)
147. 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;
148. Calls upon States to ensure that education and
training, especially teacher training, promote respect for human rights, the culture of
peace, gender equality, and cultural, religious and other diversity, and to 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;
149. 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 respect for the dignity
and worth of all human beings. In this context, States should develop, where appropriate,
and implement specific sensitization and training programmes, formulated in local
languages for all categories of society, in particular young people, to combat racism;
150. [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 the values of solidarity, respect and
appreciation of diversity. A special effort to inform and sensitize young people to
respect minorities and democratic values should be undertaken or developed to fight
against ideologies based on so-called racial superiority;]
151. 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 todays job markets; establish and
implement methods to measure and track improvement in disadvantaged youths education
performance; support efforts to ensure safe school environments free from violence and
free of harassment on the basis of race, colour, descent or national or ethnic origin; and
establish financial assistance programmes designed to enable students, regardless of race,
colour, descent or ethnic or national origin, to attend institutions of higher education;
152. 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
153. Concerning education in general, 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;
154. Urges States to commit themselves to ensuring
access to education, including access to free primary education for all children within
their territory, based on respect for human rights, diversity and tolerance, without
discrimination of any kind and in accordance with international standards;
Introduction and reinforcement of human rights education
155. Urges States to encourage all schools to consider
developing educational activities, including extracurricular ones, to raise awareness
against racism, racial discrimination, xenophobia and related intolerance, inter alia
by commemorating the International Day for the Elimination of Racial Discrimination
(21 March); (ADOPTED at 3rd PrepCom)
156. Urges States to adopt and implement all necessary
legislative, administrative and other measures to promote correct reflection on and
perception of the past and contemporary history of colonialism, slavery, racism and racial
discrimination, inter alia among their new generations, through faithful education
and other appropriate means, with a view to preventing the recurrence of such wrongdoings;
157. In this regard, it is important to introduce and, as applicable,
to reinforce an/the anti-discrimination and anti-racism components/into human rights
programmes in school curricula, to develop relevant educational material and to ensure
that all teachers are effectively trained and adequately motivated to shape attitudes and
behavioural patterns, etc./of the school curricula and to improve educational materials on
human rights and anti-racism, in order to shape attitudes and behavioural patterns based
on the principles of non-discrimination, mutual respect and tolerance;
158. Urges States to harness the power of education and
adopt, as appropriate, training programmes and develop educational materials aimed at
combating racism, racial discrimination, xenophobia and related intolerance and, in this
context, calls upon States to give priority to textbook and curriculum review and
amendment so as to eliminate any elements that might promote racism, racial
discrimination, xenophobia and related intolerance or reinforce negative stereotypes, and
to include material that refutes such stereotypes. It also urges them to provide
mainstream education with an accurate presentation of the history of
the State, highlighting the contributions of the individuals and
groups from different cultures and civilizations of the region and the world,
including the role that indigenous people, people of African descent, Roma, migrants and
other ethnic, racial, cultural, religious and linguistic groups and minorities have played
in building national identities;
159. Greater emphasis should be placed on teaching the history of
national, racial, linguistic, cultural, religious and ethnic minorities [and of the
history of neighbouring countries] with the aim of achieving mutual respect and
understanding for others culture, religion or history/as well as of their
contribution to the whole civil society;
160. Calls upon Strongly recommends
to participating States to introduce, or encourage the introduction of,
or reinforce, human rights education, including promoting anti-racism,
with a view to combating prejudices which lead to racial discrimination and to
promoting understanding, tolerance and friendship between different racial or ethnic
groups in school curricula and in institutions of higher education and to support public
formal and non-formal education programmes designed to promote cultural diversity and
self-esteem of vulnerable groups;
Training of professional groups in public administration and in the administration
of justice
161. Requests States, wherever appropriate through
cooperation with intergovernmental organizations, national institutions, non-governmental
organizations and the private sector, to organize and facilitate training courses or
seminars about international norms prohibiting racial discrimination and their
applicability in domestic law, as well as on the application of international human rights
standards such as obligations under the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child, for
prosecutors, members of the judiciary and other public officials. It calls upon States to
provide wide-ranging education for their law enforcement officials, in particular members
of the police force, in combating stereotypes that provoke violence on their part,
particularly against people of African descent [and recognize that the successful
completion of such training programmes be made one of the criteria for promotion
is essential for effective policing];
162. Urges States to pay specific attention to the
negative impact of racism, racial discrimination, xenophobia and related intolerance on
the administration of justice and fair trial and to conduct nationwide campaigns, amongst
other measures, to raise awareness among State organs and public officials concerning
their obligations under the International Convention on the Elimination of All Forms of
Racial Discrimination and other relevant instruments; (ADOPTED at 2nd PrepCom)
163. Urges States to develop anti-racist and
gender-sensitive human rights training for personnel in the administration of justice, law
enforcement agencies, security and health-care services, schools and migration
authorities, paying particular attention to immigration officials, border police and the
staff of migrant detention centres, as well as for United Nations personnel;
164. Urges countries receiving migrants to strengthen
the human rights training and awareness-raising activities designed for immigration
officials, border police, the staff of migrant detention centres, local authorities and
other civil servants in charge of enforcing laws, as well as teachers, with particular
attention to the human rights of migrants, in order to prevent racial conflicts and avoid
situations where prejudices lead to decisions based on racism, racial discrimination,
xenophobia or related intolerance;
165. Urges States to provide or strengthen training for
law enforcement, immigration and other relevant officials in the prevention of trafficking
in persons. The training should focus on methods used in preventing such trafficking,
prosecuting the traffickers and protecting the rights of victims, including protecting the
victims from the traffickers. The training should also take into account the need to
consider human rights and child- and gender-sensitive issues and it should encourage
cooperation with non-governmental organizations, other relevant organizations and other
elements of civil society;
4. Information, communication and the media, including new
technologies
166. Urges States and encourages the private sector to
promote the development by the media, including the print and electronic media, including
Internet and advertising, taking into account their independence, through their relevant
associations and organizations at the national, regional and international levels, of a
voluntary ethical code of conduct and self-regulatory measures, in order:
(a) To combat racism, racial discrimination, xenophobia and related intolerance and do
away with stereotypes;
(b) To promote the fair, balanced and equitable representation of the diversity of
their societies, as well as ensuring that this diversity is reflected among their staff;
(c) To combat the proliferation of ideas of racial superiority, justification of racial
hatred and discrimination in any form and to promote respect, tolerance and understanding
among all individuals, peoples, nations and civilizations, for example through assistance
in public awareness-raising campaigns;
(d) To avoid stereotyping in all its forms, and particularly the promotion of false
images of migrants, including migrant workers, and refugees in order to prevent the spread
of xenophobic sentiments among the public and to encourage the objective and balanced
portrayal of people; (ADOPTED at 3rd PrepCom)
It further urges States to make punishable by law, in accordance with relevant
international human rights law, incitement to racial hatred; -12- (ONGOING 3rd PrepCom)
167. Calls upon States to encourage Internet service
providers to establish and disseminate specific voluntary codes of conduct and
self-regulatory measures against the dissemination of racist messages and those that
promote racial discrimination, xenophobia or any form of intolerance and discrimination;
168. In this context, Governments are encouraged to set up a national
consultative body which might act as a permanent monitoring centre, mediating body and
partner in the preparation of codes of conduct;
169. Draws the attention of States to the need to
coordinate a prompt international response to the rapidly evolving phenomenon of the
dissemination of hate speech and racist material on the Internet. In this respect, it
calls for international judicial cooperation to be strengthened and rapid
intervention mechanisms to be agreed;
170. Calls upon all States to criminalize dissemination
through the Internet of racist messages and those that promote racial discrimination,
xenophobia or any form of intolerance and discrimination;
171. Urges States to apply all relevant human rights
instruments to which they are parties, in particular the International Convention on
the Elimination of All Forms of Racial Discrimination, to racism on the Internet;
172. Urges States to adopt and apply to the extent
possible existing legislation for prosecuting those responsible for imminent incitement to
racial hatred/violence on the Internet and their accomplices, taking fully into account
existing international and regional standards on freedom of expression, while taking all
necessary measures to guarantee the right to freedom of opinion and expression. It further
recommends the training of law enforcement authorities in addressing the problem of
dissemination of racist material through the Internet;
173. Expresses concern at the material progression of
racism, including contemporary forms and manifestations of racism such as the use of the
Internet to disseminate ideas of racial superiority. The World Conference takes note
of/welcomes the positive contribution the Internet can bring in is
bringing to combating racism through rapid and wide-reaching communication. Aware that the
international use of and access to the Internet is limited by social, cultural and
political boundaries, the World Conference calls upon States to enable all people to
access and use the Internet as an international and equal forum. It calls upon States to
examine ways in which this contribution can be enhanced the Internet can be used
systematically, for example through the creation of a specific site, to provide
information about good practices for combating racism, racial discrimination, xenophobia,
anti-Semitism and related intolerance and racist practices of Zionism. It also draws
attention to the potential to increase the use of the Internet to create educational and
awareness-raising networks against racism and intolerance, both in and out of school, as
well as the ability of the Internet to promote universal respect for and the value of
cultural diversity;
174. Requests States to take necessary measures to
denounce, actively discourage and prohibit the transmission of racist and xenophobic
messages through all communications media, including new communications technologies such
as the Internet;
175. Urges States to prevent, by all
appropriate means to encourage the media to avoid/discourage stereotyping of
any ethnic, racial, national, cultural and linguistic group based on race,
colour, descent, religion, language, culture, or national or ethnic origin and encourage
objective and balanced portrayals of people, events and history, especially in the
media, recognizing the profound influence that such portrayals have on societal
perception of individuals and groups whose members are frequently victims of
affected by or vulnerable to racism, racial discrimination, xenophobia and related
intolerance, and to make punishable by law, in accordance with relevant international
human rights law, incitement to racial hatred;
176. Urges the media to recognize the value of cultural
diversity and to take concrete measures to ensure that marginalized communities have
access to the media through, inter alia, the presentation of programmes that
reflect the cultures and languages of minority communities, [and to ensure that they
promote representation of members of groups which are victims of/individuals and groups
affected by or vulnerable to racism, racial discrimination, xenophobia and related
intolerance are adequately represented at all levels of their organizational
structure]/and encourages the media to facilitate members of targeted groups to be
adequately represented;
B. International level
177. Urges all actors on the international scene to build
an international order based on inclusion, justice, equality and equity, human dignity,
mutual understanding and promotion of and respect for cultural diversity and universal
human rights, and to reject all doctrines of exclusion based on racism, racial
discrimination, xenophobia and related intolerance; (ADOPTED at 3rd PrepCom)
178. Encourages States, regional and international
organizations, including financial institutions, as well as civil society, to develop a
mechanism to address those aspects of globalization which may lead to racism, racial
discrimination, xenophobia and related intolerance;
179. Strongly urges States to take effective
international measures to guarantee the implementation of human rights standards and the
elimination of all forms of racism, racial discrimination, xenophobia, apartheid and
related intolerance in respect of peoples under colonial or other forms of alien
domination or foreign occupation, particularly those under an occupation based on racist,
ethnic and settler ideology, in accordance with the rules of international law,
international humanitarian law and the international conventions in relation to the
elimination of all forms of racism and racial discrimination, xenophobia, apartheid and
related intolerance, as they constitute a crime against humanity;
180. Urges strengthening of the capacity of the early
warning and urgent procedures mechanisms of the Committee on the Elimination of Racial
Discrimination so that it can act immediately under article 4 of the International
Convention on the Elimination of All Forms of Racial Discrimination with regard to any
mass media appeals and any other incitement to racial discrimination and violence leading
to genocide; (ONGOING 3rd PrepCom)
181. Recommends that the Department of Peacekeeping
Operations of the Secretariat and other concerned United Nations agencies, bodies and
programmes strengthen their coordination to discern patterns of serious violations of
human rights and humanitarian law with a view to assessing the risk of further
deterioration that could lead to genocide, war crimes or crimes against humanity; (ADOPTED
by 3rd PrepCom)
182. Requests the World Health Organization to promote
activities for the recognition of the race/ethnic group/gender variant as a significant
variable in health matters and to prepare specific projects for prevention, diagnosis and
treatment among people of African descent;
183. Stresses the important role that the
United Nations Educational, Scientific and Cultural Organization can play in
providing support to States in the preparation of teaching materials and tools for
promoting teaching, training and educational activities relating to human rights and the
struggle against racism, racial discrimination, xenophobia and related intolerance; -13-
IV. PROVISION OF EFFECTIVE REMEDIES, RECOURSE, REDRESS, [COMPENSATORY]
AND OTHER MEASURES AT THE NATIONAL, rEGIONAL AND INTERNATIONAL LEVELS
Legal assistance
184. Urges States to take all necessary measures to
address, as a matter of urgency, the pressing requirement for justice for the victims of
racism, racial discrimination, xenophobia and related intolerance and to ensure that
victims have full access to information, support, effective protection and national,
administrative and judicial remedies, including the right to seek just and adequate
reparation or satisfaction for damage, as well as legal assistance, where required;
(ADOPTED at 3rd PrepCom)
185. Urges States to provide victims of racial
discrimination with/facilitate access to all appropriate methods of justice and legal
assistance in a manner adapted to their specific needs and vulnerability, including
exemption from fees, simplification of procedures, legal representation and establishment,
as appropriate, of specially adapted jurisdictions to deal with such cases;
186. Urges States to ensure the protection against
victimization of complainants and witnesses to acts of racism, racial discrimination,
xenophobia and related intolerance, to ensure that persons belonging to targeted
groups who have been victims of gender-related crimes, such as rape and other forms of
sexual and domestic violence, forced prostitution and trafficking for the purpose of
sexual exploitation, are granted adequate legal protection and support. It further
encourages States and to consider measures such as making legal assistance,
including legal aid, available to complainants when seeking a legal remedy and, if
possible, affording the possibility for non-governmental organizations to support
complainants of racism, with their consent, in legal procedures; (ONGOING 3rd
PrepCom)
National legislation and programmes
187. Affirms that the establishment of more effective
measures against racial discrimination should include recognition of the need for a
package of preventive and deterrent measures. Cultural change to be achieved through
educational programmes must be in the forefront of preventive measures but deterrent
measures are equally essential, for example and where appropriate: (a) adoption of a law
legal framework/laws against racial discrimination [and its incorporation into national
legislation]; such a law could be modelled on United Nations publication HR/PUB/96/2; (b)
extension of legislative measures prohibiting racial discrimination in all areas of the
public and private sectors, including employment, training, education, housing, the
provision of goods and services, immigration policy, the administration of justice, and
law and order; (c) enactment of legislation providing for adequate civil
compensation of victims of racial discrimination; [Provision should be made for
rehabilitation of the perpetrators and victims of/acts of racism by means of truth
commissions, apologies and the establishment of victims compensation and reparation
funds, as appropriate;]
188. For the purposes of effectively combating racism and racial
discrimination, xenophobia and related intolerance in the civil, political, economic,
social and cultural fields, the World Conference recommends to all Member States that
their national legislative framework in criminal, civil and administrative law
should expressly and specifically prohibit racial discrimination on grounds of
presumed racial, ethnic or national origin, religion and belief and provide
effective judicial and other remedies or redress, including through the designation of
national, independent, specialized bodies. Such legislation should embrace concepts of
direct or indirect discrimination. It should cover such areas as
employment, education, housing, health care, social protection and social security, social
benefits, access to supply of goods and services and to public places, as well as access
to citizenship. This legislation should clearly cover the private sector as well as the
functions of public bodies and authorities such as law enforcement personnel, judges,
prosecutors, other components of the criminal justice system, local authority enforcement
powers, health and safety bodies, child protection, detention under mental health
legislation and tax collection, as well as the private sector; (ONGOING
3rd PrepCom)
189. Urges States, with regard to the procedural
remedies provided for in their domestic law, to bear in mind the following considerations:
(a) access to such remedies should be as wide as possible; (b) the existing procedural
remedies must be made known in the context of the relevant action, and victims of racial
discrimination should be helped to avail themselves of them in accordance with the
particular case; (c) complaints of racial discrimination must be settled as rapidly as
possible, a reasonable time-limit being set for the relevant inquiries; (d) [indigent
persons who are victims of racial discrimination should receive free legal assistance and
aid, where appropriate, in the complaint proceedings and, where necessary, be provided
with the help of an interpreter in civil and criminal cases;] (e) States should be urged
to create national bodies competent to investigate allegations of racial discrimination;
(f) steps should be taken towards the enactment of legislation to penalize discriminatory
practices on grounds of race or ethnic origin and provide for adequate compensation of the
victims; (g) access to legal remedies should be facilitated for victims of discrimination
[and the legal capacity of non-governmental institutions or organizations to intervene on
their behalf should be recognized by means of legislative reforms]; programmes to enable
the most vulnerable groups to have access to the legal system should be prepared; (h)
States should consider establishing new structures for reviewing traditional systems of
conflict resolution and mediation; (i) States should be encouraged to develop restorative
justice policies and programmes that are respectful of the rights and needs of victims,
offenders, communities and any other parties; (j) increased efforts should be undertaken
to inform the public of the existence of the complaints mechanism under article 14 of the
International Convention on the Elimination of All Forms of Racial Discrimination;
190. Urges States to ensure that African peoples, in
particular women and children of African descent, have access to education and new
technologies that would offer them places, and adequate resources for education and
technological development and long-distance learning in local communities, and further
urges States to ensure that the history and contribution of African peoples are fully and
accurately incorporated in the education curriculum at all levels; -14-
Remedies, reparations, compensation
191. Requests States which practised and benefited from
the transatlantic slave trade and the system of enslavement of Africans to initiate a
constructive dialogue with people of African descent in order to identify and implement
measures for ethical and moral satisfaction and any others that may be agreed;
192. Urges States to reinforce protection against
racism, racial discrimination, xenophobia and related intolerance by ensuring that all
persons have access to effective and adequate remedies and enjoy the right to seek from
competent national tribunals and other national institutions just and adequate reparation
and satisfaction for any damage as a result of such discrimination. It further underlines
the importance of access to the law and to the courts for complainants of racism and
racial discrimination and draws attention to the need for judicial and other remedies to
be made widely known, easily accessible, expeditious and not unduly complicated; (ADOPTED
at 3rd PrepCom)
193. States shall assure to everyone within their jurisdiction
effective protection and remedies, through competent national tribunals and other State
institutions, against acts of racial discrimination which violate his or her human rights
and fundamental freedoms contrary to the International Convention on the Elimination of
All Forms of Racial Discrimination and other international human rights instruments, as
well as the right to seek from such tribunals just and adequate reparation or satisfaction
for any damage suffered as a result of such discrimination;
194. Urges States to adopt the necessary measures, as
provided by national law, to ensure the right of victims to seek just and adequate
reparation and satisfaction prompt, effective judicial and other appropriate
remedies and adequate and fair reparation and compensation, to address acts of
racism, racial discrimination, xenophobia and related intolerance, and to design effective
measures to prevent the resurgence of such acts; (ONGOING 3rd PrepCom)
195. States shall make provisions for effective recourse to redress
for individuals who have experienced discriminatory treatment on the grounds of their
belonging to national or ethnic, religious and linguistic minorities; -15- (ONGOING 3rd PrepCom)
196. Urges States to acknowledge that the
centuries-long slave trade, enslavement and other forms of servitude of Africans, people
of African descent and indigenous peoples have resulted in substantial and lasting
economic, political and cultural damage to these peoples and in the retardation of their
institutions and societies, and that justice now requires that to alleviate the
inequalities that still persist because of these shameful legacies, substantial national
and international efforts be made. On a collective basis, such reparation should be in the
form of enhanced policies, programmes and measures to be adopted by the States which
benefited materially from these practices in order to rectify, inter alia through
affirmative action, the economic, cultural and political damage which has been inflicted
on the affected communities and peoples, in full implementation of their right to
development;
197. Urges those States whose people, organizations and
Governments were involved in and profited materially from slavery, the slave trade, other
forms of servitude and colonialism to make a genuine effort to repair some of this damage
by financing and implementing the following measures:
(a) The setting up of an international compensation scheme for victims of the slave
trade and any other transnational racist policies and acts, aimed at fulfilling the right
to compensation, and of a development reparation fund, financed also by those private
sectors which benefited directly or indirectly from transnational racist policies and
acts, to provide resources for the development process in countries affected by
colonialism;
(b) The improvement of access to international markets of products from countries
affected by the phenomena of slavery, servitude and colonization, including the
development and implementation of special and differential treatment in respect of the
length of the adjustment periods in bilateral and multilateral trade agreements that would
establish a more equitable and supportive international trade environment for States that
are populated substantially by people of African descent and indigenous peoples;
(c) The creation and implementation of a programme to restore to the country of origin
the many invaluable art objects, historical artifacts and documents that have been
unjustly removed from Africa and the Americas and from peoples of African descent and
indigenous peoples over the centuries, and the provision of financial and technical
assistance to equip the relevant States with museums and related facilities that will be
required to conserve and store these articles properly;
(d) The creation and implementation of an Education Fund for, inter alia, the
provision of an international scholarship programme in which a substantial number of
scholarships will be made available to people of African descent and indigenous peoples in
a wide range of disciplines at universities and other tertiary-level institutions
throughout the developed world and the Americas;
(e) A systematic programme of reform of the structures of the major multilateral
organizations in order to accord the States in the Americas that are populated
substantially by people of African descent and indigenous peoples a greater and more
equitable stake in the decision-making process of those organizations;
198. Strongly urges States which pursued policies or
practices based on racial or national superiority, such as colonial or other forms of
alien domination or foreign occupation, slavery, the slave trade and ethnic cleansing, to
assume their full responsibility therefor and provide prompt, adequate and fair reparation
and compensation to those States, communities and individuals who were victims of such
policies or practices, regardless of when they were committed;
199. [ Urges all States to
acknowledge the suffering caused by racial or national superiority such as colonial or
other forms of alien domination or foreign occupation and work together against them.
Ethnic cleansing in Bosnia and Herzegovina, in Kosovo, in Armenia and in the occupied
territories of the Republic of Azerbaijan must never be forgotten;]
-16- (ONGOING 3rd PrepCom)
V. STRATEGIES TO ACHIEVE FULL AND EFFECTIVE EQUALITY, INCLUDING
INTERNATIONAL COOPERATION AND ENHANCEMENT OF THE UNITED NATIONS AND OTHER INTERNATIONAL
MECHANISMS IN COMBATING RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
AND FOLLOW-UP
200. Calls upon States to apply diligently all commitments
undertaken by them in the declarations and plans of action of the regional conferences in
which they participated, and to formulate national policies and action plans to combat
racism, racial discrimination, xenophobia and related intolerance in compliance with the
objectives set forth therein, and as provided for in other relevant instruments and
decisions; and further requests that, in cases where such national policies and action
plans to combat racism, racial discrimination, xenophobia and related intolerance already
exist, States incorporate in them the commitments arising from their regional conferences;
(ADOPTED at 3rd PrepCom)
201. Urges States to take measures to alleviate
inequalities that still persist because of the shameful legacy of slavery;
202. Urges States that have not yet done so to consider
acceding to the Geneva Conventions of 12 August 1949 and their two Additional
Protocols of 1977, as well as to other treaties of international humanitarian law, and to
enact, with the highest priority, appropriate legislation, taking the measures required to
give full effect to their obligations under international humanitarian law, in particular
in relation to the rules prohibiting discrimination; (ADOPTED at 3rd PrepCom)
203. Urges States in the region to develop cooperation
programmes to promote equal opportunities for the benefit of indigenous peoples, people of
African descent, migrants and other victims of racism, and encourages them to propose the
creation of multilateral cooperation programmes with the same objective;
204. Invites States to include the subject of the
struggle against racism, racial discrimination, xenophobia and related intolerance in the
work programmes of the regional integration agencies and of the regional cross-boundary
dialogue forums;
205. Urges the international community to take
cognizance of the very real difficulties that peoples of different racial and ethnic
backgrounds inevitably experience in seeking to live together and to develop genuine
harmonious multiracial societies. It also urges them to recognize that the art and
technology of developing multiracial and multicultural societies and the positive example
of successful multiracial societies such as some of those in the Caribbean region need to
be systematically studied, and therefore requests the United Nations to consider
establishing an international centre for multiracial and multicultural studies and policy
development to undertake this critical work;
206. Urges States to create conditions and to take
action for the promotion and protection of the ethnic, cultural, linguistic and religious
identity of persons belonging to national minorities where such
minorities exist. Furthermore it urges them to work in partnership at the
national, regional and international levels to develop appropriate policy tools that
facilitate the development of legislation, policies and programmes that take into account
ethnic, racial, linguistic, religious and cultural diversity;
207. Urges States to take or strengthen measures,
including through bilateral or multilateral cooperation, to address root causes, such as
poverty, underdevelopment and lack of equal opportunity, some of which may be associated
with discriminatory practices, that make persons, especially women and children,
vulnerable to trafficking, which may give rise to racism, racial discrimination,
xenophobia and related intolerance; (ADOPTED at 2nd PrepCom)
208. Encourages States, in cooperation with
non-governmental organizations, to undertake campaigns aimed at clarifying opportunities,
limitations and rights in the event of migration so as to enable women to make informed
decisions and to prevent them from becoming victims of trafficking;
International legal framework
209. [Reminds States of their with
obligations under the International Covenant on Economic, Social and Cultural Rights to
promote economic, social and cultural rights through international cooperation and
development;]
210. Urges States to continue cooperating with the
Committee on the Elimination of Racial Discrimination and other human rights treaty
monitoring bodies in order to promote, including by means of a constructive and
transparent dialogue, the effective implementation of these instruments and proper
consideration of the recommendations adopted by these bodies concerning complaints of
racism, racial discrimination, xenophobia and related intolerance; (ADOPTED at 3rd
PrepCom)
211. [The resources of the Committee on the Elimination of Racial
Discrimination should be increased to enable it to] to discharge its mandate effectively /act
effectively in investigating fully any allegations of genocide or direct or public
incitement to commit genocide brought to its knowledge by Member States, an international
organization or a non-governmental organization, and to enable it to cooperate with
early-warning and any good offices functions of the United Nations;]
212. [Recommends that human rights treaty bodies, in
particular the Committee on the Elimination of Racial Discrimination, the Committee on the
Elimination of Discrimination against Women and the Committee on the Rights of the Child,
when examining periodic reports of States [parties], pay special attention to gender issues
equality and gender-based discrimination, particularly the multiple [jeopardy] that occurs
may be faced by women when gender, class, socio-economic status, race and
ethnicity and other barriers intersect. Furthermore, given the increasing feminization of
migration, these treaty bodies should pay special attention to this area when examining
periodic reports of States parties that are countries of origin and/or destination;]
213. Requests States to participate in an ongoing
regional dialogue on problems of migration and calls upon them to negotiate bilateral and
regional agreements on migrant workers and to promote contacts with States of other
regions to protect the rights of migrants from the Americas;
214. Calls upon States to ensure that adequate
resources are provided by the United Nations to support the effective functioning of these
mechanisms, and that reports to them are timely, concise and focused;
General international instruments
215. Recommends that the international community elaborate
an international instrument of a binding character that preserves and promotes the
cultural diversity of States;
216. [Recommends that the United Nations elaborate an
international instrument of a binding character defining the rights and obligations of
persons belonging to minorities;]
Regional/international cooperation
217. Invites the Inter-Parliamentary Union to contribute
to the activities of the International Year of Mobilization against Racism, Racial
Discrimination, Xenophobia and Related Intolerance by encouraging national Parliaments to
review progress on the objectives of the World Conference;
218. Urges States to support or otherwise establish
regional, comprehensive dialogues on migration that focus not only on law enforcement and
border control, but also on the promotion and protection of the human rights of migrants
and on the relationship between migration and development. The World Conference calls upon
States to involve civil society in these dialogues;
219. Calls upon international organizations having
mandates dealing specifically with migration issues to exchange information and coordinate
their activities on matters involving discrimination and xenophobia against migrants, with
the support of the Office of the United Nations High Commissioner for Human Rights;
220. Expressing its deep concern over the severity of
humanitarian sufferings of affected civilian populations, the World Conference requests
the relevant international institutions to continue rendering urgent financial and
humanitarian assistance to populations expelled from their homes and calls for enabling
refugees and internally displaced persons to return to their homes voluntarily, in safety
and dignity;
221. [Calls upon all relevant United Nations organs to
endeavour to bring the foreign occupation of Jerusalem by Israel, together with all its
racist practices, to an end and to ensure the recognition of Jerusalem as a city of
reverence and religious sanctity for the three major religions of the world which should
serve as a focal point of historical and cultural inspiration, a symbol of civilization
and religious dialogue and an epitome of tolerance and equality];
222. [Urges all States to refrain from taking any measure
leading to the recognition of Jerusalem as the capital of Israel or of any measures aimed
at altering its geographic, demographic and institutional characteristics in violation of
the norms of international humanitarian law and relevant repeated United Nations
resolutions];
223. [Calls upon the international community to assume its
responsibilities to provide international protection for the Palestinian people under
occupation against any acts of racism, racial discrimination and denial of fundamental
human rights, including the right to life, liberty and self-determination];
224. Encourages States to conclude bilateral,
subregional, regional and international agreements to address the problem of trafficking
in women and children, in particular girls;
225. [Encourages/urges all States to develop bilateral and
cross-border multilateral and regional cooperation to eliminate trafficking in persons and
smuggling of migrants];
226. Calls upon States, as appropriate, to promote:
(a) Effective legal and judicial cooperation at the regional and international levels
in combating acts of racism, [anti-Semitism] racial discrimination, xenophobia and related
intolerance, [ as well as anti-Semitism]
with a view to addressing the problem where perpetrators of these acts benefit from the
fact that offences are treated differently in various States;
(b) Exchanges at the regional and international levels among independent national
institutions and as applicable other relevant independent bodies with a mandate that
includes [ monitoring/following up and assessment of] racism and racial discrimination;
(c) Exchanges at the regional and international levels among educational authorities
and others involved in developing curricula incorporating anti-racist and intercultural
education;
(d) The building of networks for monitoring and information sharing, including
an inventory of foundations, organizations and networks fighting racism; (ONGOING
3rd PrepCom)
227. Urges States to support the activities of regional
bodies/centres which combat racism, racial discrimination, xenophobia and related
intolerance where they exist in their region, and recommends their establishment in all
regions. These bodies/centres may undertake the following activities, amongst others:
monitor the situation of racism, racial discrimination, xenophobia and related intolerance
and of groups which are victims thereof or vulnerable thereto and minorities; identify
trends and issues/problems; disseminate and exchange information and build networks to
these ends; highlight examples of good practice; organize awareness raising campaigns;
develop proposals/solutions, where possible and appropriate, through joint efforts by/by
coordinating with the United Nations, regional organizations and Member States; [ undertake research and training studies, compile statistics,
maintain databases and develop qualitative and quantitative indicators to measure regional
progress in the struggle against racism] ;
228. Urges international organizations, within their
mandates, to contribute to the fight against racism, racial discrimination, xenophobia and
related intolerance;
229. Encourages/invites/urges/requests international
financial institutions, including the World Bank, regional financial institutions and
banks, development institutions and the operational programmes and agencies of the United
Nations, in accordance with their mandates, regular budgets and procedures of their
governing bodies:
(a) To assign higher priority and provide more funding to projects in favour of
Africans and people of African descent, indigenous peoples, migrants and other ethnic,
racial, cultural, religious and linguistic groups or minorities, in order to combat
manifestations of racism, racial discrimination, xenophobia and related intolerance, and
to include such vulnerable groups at every stage of the development and implementation of
projects concerning them;
(b) Further to integrate human rights principles and norms into their policies and
programmes;
(c) To include in their regular reporting to their boards of governors information on
their contributions to promoting the participation of people of African descent,
indigenous peoples and other marginalized groups within their organizations, and
information on their efforts to facilitate the participation of racial, ethnic, religious,
cultural and other minorities in the economic, social, political and cultural life of
their countries;
(d) To examine how their policies and practices affect racial, ethnic, linguistic,
cultural and religious minorities, and indigenous peoples, and to ensure that these
policies and practices contribute to the eradication of racism, racial discrimination,
xenophobia and related intolerance;
230. [Recommends:
(a) The establishment of a follow-up mechanism observatory headed by
the Chairperson of the World Conference, composed of five eminent persons from the various
regions, appointed by the Secretary-General after due consultation with all regions. This
mechanism will function in consultation with the High Commissioner for Human Rights, the
Committee on the Elimination of Racial Discrimination and the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance.
This mechanism would be entrusted with the supervision of the implementation of the
Declaration and Programme of Action to be adopted by the World Conference and the
submission of an annual report to the United Nations General Assembly;
(b) The establishment of an international mechanism observatory to
monitor racially discriminatory attitudes and acts, individual or collective, private or
public, including by non-State actors, charged with the following tasks:
- The compilation of information about racial acts and their development;
- The creation of a Web site by a coalition of non-governmental organizations working in
the field of combating racism, in collaboration with the Office of the High Commissioner
for Human Rights, to receive and disseminate such information to the widest possible
extent;
- The provision of legal and administrative support and advice to victims of racial acts;
- The preparation of an annual report on its activities to be submitted to the
Secretary-General;] (ONGOING 3rd PrepCom)
231. Recommends that high-level international meetings be held
successively in each region of the world on the Dialogue among Civilizations;
Office of the High Commissioner for Human Rights
232. To increase the level of awareness about the scourge of racism, racial
discrimination, xenophobia and related intolerance, the World Conference calls for the
continuation and expansion of the goodwill ambassadors programme initiated by the High
Commissioner for Human Rights. It urges that goodwill ambassadors be designated in all
countries of the world to spearhead a culture of tolerance, respect and human rights. It
also calls for a special campaign to publicize and promote the work of
the United Nations treaty bodies, including the Committee on the Elimination of Racial
Discrimination and the Committee on the Elimination of Discrimination against Women;
233. The Office of the High Commissioner for Human Rights is invited, in
cooperation with the United Nations Educational, Scientific and Cultural Organization,
concerned specialized and regional organizations, national institutions and
non-governmental organizations active in the field of the promotion and protection of
human rights, to undertake periodic consultations and to encourage research activities
aimed at collecting, maintaining and adapting the technical, scientific, educational and
information materials produced by all cultures around the world to fight racism;
234. [Invites the United Nations Secretary-General and the High
Commissioner for Human Rights to submit to the General Assembly at its forthcoming
session an action plan to increase resources and activities of the Committee on the
Elimination of Racial Discrimination and for the establishment, within the Office of the
High Commissioner for Human Rights, of a unit devoted to the promotion of equality and
non-discrimination/of a fourth branch to foster activities to combat racism, racial
discrimination, xenophobia and related intolerance and to promote the rights of indigenous
people, people of African descent, migrants and other ethnic, racial, cultural, religious
and linguistic groups or minorities;]
235. Requests the Office of the High Commissioner for Human
Rights to pay special attention to violations of the human rights of migrants and to
promote international cooperation in combating xenophobia and, to this end, develop
programmes which can be applied in countries on the basis of appropriate cooperation
agreements;
236. Invites States to assist the Office of the High
Commissioner for Human Rights in developing and funding, upon the request of States,
specific technical cooperation projects aimed at combating racism, racial discrimination,
xenophobia and related intolerance; (ADOPTED at 3rd PrepCom)
237. The World Conference:
(a) [Invites the Commission on Human Rights to include in the mandates of its
special procedures a request to report on problems relating to racism, racial
discrimination, xenophobia and related intolerance;]
(b) Calls upon States to cooperate with the relevant special procedures of the
Commission on Human Rights and other mechanisms of the United Nations in matters
pertaining to racism, racial discrimination, xenophobia and related intolerance, in
particular with the special rapporteurs, independent experts and special representatives;
(ADOPTED at 3rd PrepCom)
238. Recommends that the Commission on Human Rights prepare
complementary international standards to strengthen and update international instruments
against racism, racial discrimination, xenophobia and related intolerance in all
their aspects; (ADOPTED at 3rd PrepCom)
239. [Recommends that the Office of the High Commissioner for
Human Rights organize a database that can be consulted via the Internet
containing information on the struggle against practical means to address
racism, racial discrimination, xenophobia and related intolerance, particularly in
relation to international and regional instruments and national legislation and
in particular on legal means to combat racism in private relationships; remedies available
through international mechanisms to victims of racial discrimination, as well as national
remedies; educational and preventive programmes implemented in various countries and
regions; opportunities for technical cooperation; and academic studies and specialized
documents, and arrange for it to be made as accessible as possible to those in authority
and the public at large, through its Web site and by other appropriate means];
240. The United Nations should prepare and publicize a systematic
collection of national anti-discrimination legislation, in particular with a view to
informing those in authority and the public at large of legal means to combat racial
discrimination in private relationships, including any available legal and other remedies;
Decades
241. Urges States to adopt the corresponding decisions within
the United Nations for the purpose of changing the pattern of financing the activities of
the Third Decade to Combat Racism and Racial Discrimination so that they can be covered
under the regular budget of the United Nations;
242. Requests States to include the struggle against racism,
racial discrimination, xenophobia and related intolerance among the activities undertaken
within the framework of the United Nations Decade for Human Rights Education and to
take into account the recommendations of the mid-term evaluation report of the Decade;
(ADOPTED at 3rd PrepCom)
243. Recommends that the General Assembly declare a United
Nations year or decade against trafficking in persons, especially in women and children;
244. Urges States to promote the implementation of the
Declaration and Programme of Action on a Culture of Peace and the objectives of the
International Decade for a Culture of Peace and Non-Violence for the Children of the World
to begin in 2001;
Indigenous peoples
245. Recommends that the United Nations Secretary- General
conduct an evaluation of the results of the International Decade of the Worlds
Indigenous People (1995-2004) and make recommendations concerning how to mark the end of
this Decade, including an appropriate follow-up; (ADOPTED at 3rd PrepCom)
246. Requests States to ensure adequate funding for the
establishment of an operational framework and a firm basis for the future development of
the Permanent Forum on Indigenous Issues within the United Nations system; (ADOPTED at 3rd
PrepCom)
247. Urges States to cooperate with the work of the Special
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
and requests the Secretary-General and the High Commissioner for Human Rights to ensure
that the Special Rapporteur is provided with all the necessary human, technical and
financial resources to fulfil his/her responsibilities; (ADOPTED at 3rd PrepCom)
248. Calls upon States to conclude negotiations on and approve
as soon as possible the text of the draft declaration on the rights of indigenous peoples,
under discussion by the working group of the Commission on Human Rights to elaborate a
draft declaration, in accordance with Commission resolution 1995/32; (ADOPTED at 3rd
PrepCom)
249. Urges States, [ to consider] in the light of the relationship between racism, racial
discrimination, xenophobia and related intolerance and poverty, marginality and social
exclusion of peoples and individuals at both the national and international levels, to
enhance their policies and measures to reduce income and wealth inequalities and to take
appropriate steps, individually and through international cooperation [
including through the provision of additional resources required]
, to promote and protect economic, social and cultural rights on a non-discriminatory
basis; (ADOPTED at 2nd PrepCom)
250. Urges States and financial and development institutions
to mitigate the negative effects of globalization by examining how their policies and
practices affect indigenous peoples; by ensuring that their policies and practices
contribute to the eradication of racism through the participation of indigenous peoples in
development projects in accordance with the principle of informed consent; by
democratizing international financial institutions; by developing enforceable codes of
conduct for transnational corporations; and by consulting with indigenous peoples on any
matter that may affect their physical, spiritual or cultural integrity;
251. Invites financial and development institutions and the
operational programmes and specialized agencies of the United Nations, in accordance with
their regular budgets and the procedures of their governing bodies:
(a) To assign particular priority to and allocate sufficient funding, within their
areas of competence, to the improvement of the status of indigenous peoples, with special
attention to the needs of these populations in developing countries, including the
preparation of specific programmes with a view to achieving the objectives of the
International Decade of the Worlds Indigenous People;
(b) To carry out special projects, through appropriate channels and in collaboration
with indigenous peoples, to support their initiatives at the community level and to
facilitate the exchange of information and technical know-how between indigenous peoples
and experts in these areas; (ADOPTED at 3rd PrepCom)
Civil society
252. Calls upon States to strengthen cooperation and consult
regularly with non-governmental organizations and other actors in civil society,
harnessing their experience and expertise in developing governmental legislation, policies
and other initiatives, as well as involving them more closely in the elaboration and
implementation of policies and programmes designed to combat racism and racial
discrimination;
253. Urges leaders from the faith community to confront the
moral evil of racism, through, inter alia, promotion and sponsoring of new
dialogue and partnerships to bring about racial healing and harmony, and invites the faith
community to participate in promoting economic and community revitalization and encourages
faith leaders to foster greater cooperation and contact between diverse racial groups;
254. Urges States to establish and strengthen effective
partnerships with and provide support, as appropriate, to all relevant actors of civil
society, including non-governmental organizations working to promote gender equality and
advancement of women, particularly women subject to multiple discrimination, to promote an
integrated and holistic approach to the elimination of all forms of discrimination against
women and girls;
Non-governmental organizations
255. Urges States to ensure that non-governmental
organizations are enabled to function freely and openly within their societies and thereby
make an effective contribution to the elimination of racism and racial discrimination,
xenophobia and related intolerance throughout the world and promote a wider role for
grass-roots organizations consisting of citizen volunteers;
256. Calls upon States to explore means to expand the role of
non-governmental organizations in society. Non-governmental organizations, consisting of
voluntary associations, citizens groups, places of worship and other community
groups, play a vital role in deepening the ties of cooperation among citizens and
promoting greater trust across racial and class divides. By promoting wider citizen
involvement and more voluntary cooperation, civic associations generate important social
capital, including greater social cohesion and racial harmony and more durable democratic
values;
The private sector
257. Urges States to draft codes of conduct for transnational
and other enterprises to prevent, address and eradicate racism, racial discrimination,
xenophobia and related intolerance;
Youth
258. Urges States to encourage the full and active
participation of, as well as involve more closely, youth in the elaboration, planning and
implementation of activities to fight racism, racial discrimination, xenophobia and
related intolerance, and calls upon States, in partnership with non-governmental
organizations and other sectors of society, to facilitate both national and international
youth dialogue on racism, racial discrimination, xenophobia and related intolerance,
through the World Youth Forum of the United Nations system and through the use of new
technologies, exchanges and other means; (ADOPTED at 3rd PrepCom)
259. Recognizes that the success of this Programme of Action
will require political will and adequate funding at the national, regional and
international levels, and international cooperation, [
including, in some circumstances, new and additional resources,]
[ particularly for developing countries;]
[ and urges that the follow-up mechanism for the World
Conference monitor those elements;] (ADOPTED at 3rd PrepCom)
Notes
Missing paragraph transferred from document
A/CONF.189/PC.3/8/Corr.1 to the present document at the direction of the Chairperson of
the working group on the draft programme of action.
- Paragraph proposed by Belgium on behalf of
the European Union, and incorporated into the present document at the direction of the
Chairperson of the working group on the draft programme of action.
- Paragraph adopted by and transferred from the
working group on the draft declaration and incorporated in the present document at the
direction of the Chairperson of the working group on the draft programme of action.
- This paragraph is to be considered in the
context of the ongoing consultations on the list of violations and the request for a legal
opinion.
- The text of this paragraph will be
re-examined after consultations on the issue of the "listing" are concluded.
- The following approved language, which is
part of former new paragraph 45 proposed in the working group on the draft programme of
action is to be considered with this paragraph and the one that follows: "States
shall provide or strengthen training for law enforcement, immigration and other relevant
officials who deal with victims of trafficking in this regard."
- The following approved language, which is
part of former new paragraph 45 proposed in the working group on the draft programme of
action is to be considered with this paragraph and the preceding paragraph: "States
shall provide or strengthen training for law enforcement, immigration and other relevant
officials who deal with victims of trafficking in this regard."
- Missing paragraph transferred from document
A/CONF.189/PC.3/8/Corr.1 and incorporated in the present document at the direction of the
Chairperson of the working group on the draft programme of action.
- Paragraph proposed by Bosnia and Herzegovina,
and incorporated in the present document at the direction of the Chairperson of the
working group on the draft programme of action.
- Paragraph proposed by Brazil and
incorporated in the present document at the direction of the Chairperson of the working
group on the draft programme of action.
- This text is part of old paragraph 109. The
working group on the draft programme of action decided to move this remaining part of the
text to the section on "data collection".
- This remaining sentence of the paragraph was
not adopted. The working group on the draft programme of action decided that it would be
considered elsewhere.
- Missing paragraph transferred from document
A/CONF.189/PC.3/8/Corr.1 into the present document at the direction of the Chairperson of
the working group on the draft programme of action.
- The working group on the draft programme of
action noted that this paragraph was very similar to paragraph 16, as adopted.
- Paragraph proposed by the Russian Federation
and incorporated in the present document at the direction of the Chairperson of the
working group on the draft programme of action.
- Paragraph proposed by Azerbaijan and
incorporated in the present document at the direction of the Chairperson of the working
group on the draft programme of action.