NGO DRAFT DECLARATION

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Preamble

1. Whereas we recognise the inherent human dignity and the equal and inalienable rights of all members of the human family as the cornerstones of freedom, justice and peace in the world;

2. Whereas we recognise the richness of the cultural diversity of the world and the potential within this cultural diversity to create a world that is free of conflict, strife, poverty , environmental degradation, discrimination, racism, xenophobia, caste and untouchability gender and related intolerance with all its attendant negative consequences;

3. Whereas throughout the centuries we have experienced disregard and contempt for human rights that have resulted in barbarous acts that have outraged the conscience of mankind and whereas the advent of a world in which all human beings shall enjoy all fundamental human rights and freedoms has been proclaimed as the highest aspiration of the common people;

4. Whereas we acknowledge that the ideal of this highest aspiration can only be achieved if all nations, civil society and the peoples of the world are committed to and co-operate with each other in the fight to eradicate the scourges of racism, xenophobia and related intolerance;

5. Whereas whilst we understand that racism has existed and manifested itself in human relations both within and between states throughout the centuries, we recognise that it has been based on unsubstantiated and bigoted doctrines of the purity of the races; doctrines that are scientifically false, morally condemnable, socially unjust and dangerous and which deny the equal and intrinsic worth of every member of the human family. Racist feelings and attitudes stem from an alienation or disconnection from a person's sense of inner worth and human dignity . Having lost touch with this essentially spiritual identity then the person defines and values her/himself according to external appearances or material circumstances. As a result of this limited perception, the superficial differences between individuals become prominent, leading to a false sense of superiority, feelings of distrust or hatred and differential treatment.

6. Whereas we accept that the history of the world has been marked by war, conflict and turmoil which has been based on racism associated with power, greed, bigotry and hostility resulting in the worst human tragedies known to humankind, such as the Holocaust, genocide, slavery , abuse of women and children and the destruction of nations. We believe that the new thinking of world values should place fundamental human rights and development at the forefront of creating a world in which the defining features are respect for human rights, human dignity , equality and the intrinsic worth of every person as priority . The world community

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should therefore place these values at the core all its agendas in preventing and dea1ing with conflict;

7. Whereas despite the fact that one of the principa1 outcomes of the Second World War was the destruction of the Nazi and Fascist regimes in the world. the apartheid system. colonia1ism. imperialism and neo colonia1ism constituted a latter day manifestation of the crime against humanity that nazism and Fascism imposed on the European. Asian and wider world decades earlier. The scourge of racism that had manifested itself in the form of colonialism. apartheid, neo colonia1ism and imperia1ism had robbed its victims of access to land. minera1s, forests, rivers and other natura1 resources and a1l that is required to restore the dignity , prestige and power of its victims. As a result of this the socia1 and economic structure of the world today is such that the distribution of wea1th, income, poverty, disease, land, skills, occupations, intellectual resources and opportunities for persona1 advancement, as well as the patterns of human settlement are determined by criteria of race, religion, ethnicity and colour;

8. Whereas we accept the notion that the ultimate expression of racism, that results in the destruction of other groups and peoples is stigmatised as a crime against humanity in the 1948 Genocide Convention, whilst other forms of racism impacts on the human dignity and intrinsic worth of the individual. It is therefore significant to note that the United Nations has identified "Equality , Justice and Dignity" as the key criteria in the fight against racism. And whereas there are several other United Nations conventions and initiatives to combat racism that recognise human rights as a key element and that the Charter of the United Nations reaffirms in the Preamble, faith in the fundamenta1 human rights and in the dignity and worth of human beings and the Universa1 Declaration of Human Rights, states in the Preamble as a common standard of achievement for all peoples and a1l nations that "recognition of the inherent dignity and of the equal and ina1ienable right of a11 members of the human family is the foundation of freedom, justice and peace in the world."

9. Whereas whilst we accept that the United Nations has been instrumenta1 in the passing of numerous internationa1 instruments in the fight against racism, xenophobia and related intolerance, we nevertheless regret the fact that it has been woefully deficient in the enforcement machinery of such instruments;

10. Whereas we note that in the new millennium the United Nations is committed to developing practical, action oriented measures and strategies to combat contemporary forms of racism, xenophobia and related intolerance and that the United Nations has adopted the slogan for the world conference as "UNITED TO COMBAT RACISM: EQUALITY, JUSTICE AND DIGNITY ."

11. Convinced that there are huge disparities in wea1th, intellectual resources, land, skills, occupations and opportunities for persona1 advancement and that such disparity arises from the practice of intemationa1 racism which has its roots in history and social systems legitimised by cu1ture and religion and is perpetuated by practices such as globalisation, and the creation of international and regional financial and development institutions such as the Internationa1 Monetary Fund, the World Bank, the Paris Club and the Asian Development Bank.

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12. We believe that what should emerge from this world conference are the beginnings of a new world order, in which all persons should enjoy freedom, justice and equal opportunity. There should be democracy, by which we mean equal opportunity and access to power to create wealth and free trade, commerce, agriculture, industry , science and technology. Wealth cannot be achieved without power. Power cannot be achieved without struggle. By struggle, we mean the determination, the humanistic urge to remove the shame of poverty, hunger, disease, squalor, illiteracy, loafing and hopelessness from our midst;

13. NOW THEREFORE, as Non-Governmental Organisations we unite to adopt this declaration on the occasion of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance at Durban, South Africa on this the 1 st day of September 200 1.

DECLARATION

SOURCES, CAUSES, FORMS AND CONTEMPORARY
MANIFESTATIONS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCES

14. Recognising that the root cause of racism is the doctrine of superiority based on racial differentiation that has been recognised as scientifica11y false, morally condemnable, socia1ly unjust and dangerous, and that there is no justification for racial discrimination in theory and in practice, anywhere. Acknowledging that this doctrine of superiority has manifested itself in the most gross human rights abuses over centuries, resulting in slavery , the slave trade, servitude and bondage, foreign occupation, apartheid caste and untouchability and new forms and manifestations thereof, colonialism, neo-colonia1ism, imperialism and religious intolerance and the displacement of Indigenous Peoples resulting in the wholesale decimation of populations.

15. Accepting as a basis that historica1 factors, such as the trans-Atlantic, trans-Indian Ocean and trans-Saharan slave trades as \1y.ell as colonia1ism, conquest and its negative impact upon peoples, such as the arbitrary delimitation of boundaries, forced migration as well as the implementation of exploitative economic policies that continue to have negative effects on economic and socia1 development, particularly on the African continent are breeding grounds for ethnic and racia1 conflicts, xenophobia and related intolerance.

16. Observing that debt bondage, slavery , servitude and forced labour, slave trade, sexua1 or labour exploitation, caste and untouchability are perpetuated by racia11y discriminatory laws, policies and practices that endanger the lives migrant workers, in particular women and girls.

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17. Deploring the belief in the inferiority of certain members of the human family which remains deeply embedded in the legal, economic and social fabric of many States and has resulted in the massive dispossession of territories and resources, the destruction of political, religious and social systems. and persistent, unrelenting discrimination, exclusion and disempowerment hostility and violence.

18. Observing that political and economic processes of imperialism, colonialism, neo-colonialism and racial superiority or exclusivity are at the root of racism, racial discrimination, xenophobia and other intolerance and that such political and economic strategies has resulted in the wholesale decimation of the cultures, traditions, languages, laws and religious practices.

19. Whilst acknowledging that culture is an integral part of social identity and its respect is crucial for the equal and peaceful co-existence of different people, we note that cultural prejudice is a form of racism, racial discrimination, xenophobia and related intolerance through the use of negative stereotypes. We also acknowledge the absence of remedies against acts of cultural discrimination and exclusion to such an extent that these types of abusive practices have become institutionalised.

20. Recognising that caste system is the root cause of untouchability that results in intolerance and discrimination against Dalits, we note that this is a heinous crime against humanity . As such caste-based practices - distinction, exclusion and restrictions on social and occupation mobility- lead to a negation of humanity and to the inability of Dalits to enjoy their fundamental human rights as well as social, political, cultural and economic rights. Such discrimination exposes the victims thereof to all forms of violence and inhibits their development as equa1s.

21. Recognising that caste is a historically entrenched, false ideological construct which often has religious and ideological sanction, and which allows for the treatment of some people as inferior, and recognising that casteism and racism operate at personal, social and structural levels.

22. Recognising that caste is descent and occupation based and hereditary in nature, determined by one's birth into a particular caste. Caste and descent-based discrimination affects nearly 260 million people in the Asia Pacific region, for example Dalits in India and Nepal and Burakkumin in Japan, irrespective of the faith that they practice.

23. Recognising that caste is an intolerance that results in discrimination, we note that caste-based discrimination places severe restrictions on the victims thereof in the enjoyment of their fundamental human rights as well as social, political, cultural and economic rights. Such discrimination exposes the victims thereof to all forms of violence and inhibits their development as equa1s. The vulnerability of the victims is aggravated by states that fail to enforce their own laws designed to protect citizens who are victims of the caste system.

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24. Recognising that "Untouchability" (the subjugation and denial of the basic human rights of people labelled as '.polluted" or "impure") is the most insidious manifestation of caste-based discrimination in the Asia Pacific region, specifically in India, Sri Lanka, Bangladesh, Pakistan and Nepal, and that caste-based discrimination de facto denies access to public services including housing, education, health, land, employment, social services and other resources.

25. Recognising that the apartheid nature of caste discrimination manifests itself in tl1e segregation of housing settlements and cemeteries, denial of access to common drinking water, restaurants, temples, tea stalls ('two-cup' system), restrictions on marriage and other insidious measures designed to prevent social interaction and mobility available to citizens of a country as a right. Recognising with pain the reality that caste discrimination and untouchability practised against generations of Dalits for centuries together amounts to a massive and systemic generational genocide, resulting in the gradua1 destruction of their individual and collective identity , dignity and self -respect;

26. Recognising that there is a clear inter-sectionality between race, class and gender, Dalit women represent the most oppressed sections of South Asian societies, and face multiple forms of discrimination.

27. Recognising that the vulnerability of the victims is aggravated by states that fail to enforce their own laws designed to protect citizens who are victims of the caste system, and that often the states who enact laws to protect their rights are themselves the law-breakers. "-'

28. Recognising that when multiple forms of oppression intersect on one or more grounds including race, gender, class, social origin, age, disability , sexua1 orientation, language, culture, religion, birth, descent and work, caste and untouchability they heighten discrimination, loss of dignity and fundamental rights.

29. Deploring the structural racism in past and current manifestations of colonialism, invasion, apartheid and genocide which has denied Indigenous Peoples their fundamental right to self-determination, and noting that such denial lies at the root of Indigenous suffering.

30. Recognising that through colonisation Indigenous Peoples throughout the world and in every region suffered and continue to suffer dispossession and loss of their ancestral lands and territories. Their lands have been exploited and developed without their consent and often without returning any benefit to Indigenous communities.

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31. Recognising that racism against Indigenous Peoples manifests itself in discriminatory legal doctrines that perpetuate and exacerbate racism against Indigenous Peoples. These doctrines include the doctrine of terra nullius, the doctrine of discovery , doctrines that allow Indigenous territories to be taken without due process of law or adequate compensation. the unilateral extinguishment of indigenous land rights, the doctrine of prescription and effective occupation, the doctrine of intemporal law, and the presumption that Indigenous Peoples do not own subsoil resources under their lands.

Contemporary Manifestations:

32. Deploring the resurgence of racism, racial discrimination, xenophobia and related intolerance such as ethnocentricity, caste communalism, antisemitism, Islamophobia and all other forms of intolerance.

33. Noting that the use of modern information technology in the dissemination of hate speech perpetuates a persistent climate of intolerance, which foments racial intolerance leading to acts of violence and aggression. We acknowledge the Internet as a great information dissemination and educational tool. We however deplore the increasingly rapid spreading of racism, xenophobia, caste communalism, antisemitism, Holocaust denial, Islamophobia, Anti-Arabism and related intolerance through websites, newsgroups and other media, especially its influence upon adult users but particularly it negative influence upon youth.

34. We deplore the fact that efforts undertaken by the international community to combat these phenomena are inadequate, whol1y ineffective and exclusionary of non-state actors and other key civil society actors. We further deplore the failure of non-State actors, including business, social partners, and other private entities to ensure that they do not perpetrate, participate in, encourage or facilitate acts of racism, racial discrimination, xenophobia and intolerance.

35. Recognising that racism, xenophobia and many other forms of discrimination continue to be practised worldwide. People are denied equal rights to franchise, full political participation and the exercise of full citizenship because of perceived differences. Groups and individuals are denied equal rights that include access to food, water, shelter, work, health care, education, social security, development, a healthy environment or access to finance.

36. Noting that racism, racial discrimination, xenophobia and related intolerance have profound negative impact on childhood experiences and development, adult behaviour and experience, the well being of the elderly, the structure of families, schooling and education and in the psychological and physical well-being of people.

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37. Recognising environmental racism as a recent example of human rights abuses of marginalized ethnic and racial inner-city communities, rural communities and villages, indigenous peoples and national and ethnic minorities. In its quest for maximum profits, the private sector and government meet minimal environmental regulations, maximum tax-relief and advantageous tax incentives and utilise a double standard in natural resource extraction techniques, chemical and pesticide defoliation processes, biological exploration, and the disposal of hazardous waste.
all of which have a negative and damaging effect upon those marginalized groups who live in affected areas.

38. Observing that globalisation exacerbates institutionalised racism, racial discrimination, xenophobia and related intolerance manifesting themselves in certain macro-economic processes, such as structural adjustment policies imposed on African nations by the World Bank, the International Monetary Fund, the Paris Club and similar institutions as well as the debt burden, coupled with corruption and other economic injustices, constitute major causes of the continuous deterioration of the African socio-economic situation, leading to, inter alia, the feminisation of poverty , ethnic or race-related inter-state and intra-state conflicts.

39. Cautioning that the globalisation process is leading to a deterioration of economic and social conditions. Such deterioration is resulting in deepened social exclusion and increased migratory pressures. Governments, multi-national companies, international financial and development institutions ( e.g. World Bank, IMF, Paris Club and others ) are violating the human rights of marginalized communities and peoples with impunity . At present the benefits of globalisation are unevenly shared, while its costs are unevenly distributed. We recognise that developing countries and countries with economies in transition bear a- disproportionate share of the costs. Thus, we specifically assert that the tensions and manifestations of racism, racial discrimination, xenophobia and other intolerance are fostered by severe economic and social conditions brought about by discriminatory policies of globalisation.

40. Deploring the governmental use of the struggle against crime, violence and terrorism as a pretext for disproportionately arresting and imprisoning racial, ethnic, religious minorities, migrants, asylum seekers, refugees and other displaced persons. We recognise that through such actions racial discrimination occurs in multiple forms and at all stages within the criminal justice and prison systems and in many instance leads to serious violations of the fundamental human rights of ethnic, racial or religious groups, migrants, asylum seekers, refugees and other displaced persons.

41. Recognising that racism, racial discrimination, xenophobia and related intolerance are fundamental bases for poverty and that these practices aggravate the condition of poverty , marginality , social and economic exclusion of marginalized ethnic, racial and religious individuals and groups.

42. Deploring the fact that economic and social indicators of education, employment, health and health care, housing, infant mortality and life expectancy do not exist for, or undercount Indigenous Peoples, peoples of African descent, migrants and other victims of intolerance.

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43. Noting with particular concern that racism, xenophobia and other intolerance are major hea1th care determinants for people infected or affected by HIV/AIDS/ AIDS that denies access to hea1th care and health care treatment received.

44. Recognising the right of peoples to self-determination is the bedrock, founding principle of the entire internationa1 human rights system, as enshrined in the United Nations Charter and the Internationa1 Bill of Human Rights.

45. Recognising that peoples under colonia1 or foreign domination, including military occupation, suffer from a flagrant violation of their right to self-determination.

46. Recognising further that Colonia1 domination and occupation is by definition institutiona1ised racia1 discrimination.

47. Recognising therefore that because colonial domination, including military occupation, violates both the human right to self-determination and a1so constitutes institutiona1ised, state sanctioned discrimination, that International Law grants to people subjected to colonia1 domination and military occupation a clear right to resistance.

48. Recognising then that the right to resist is solidly entrenched in Internationa1 Law as a means to defend and achieve fundamenta1 human rights- that are massively violated by state sanctioned oppression. Recognising that self-determination is a clear goal for which such subjugated peoples struggle when they exercise their right to resist.

49. We deplore and we are deeply concerned by the systemic racial discrimination against Roma, by the widespread and special featured racial prejudice, negative thinking and stigmatisation against Roma, as a permanent source of racism against Roma, by the current violation of Roma fundamenta1 rights, by the socia1 exclusion, racist persecution, abuse, violence and extermination suffered by the Roma in many countries all over the world.

50. Recognising that caste remains an insidious and deeply entrenched form of discrimination on the basis of birth and descent, which has particular implications for Dalit women, children and youth.

51. Recognising further that caste and descent-based discrimination affects millions of people, especially the Dalits in the Asia-Pacific and other communities in Africa. This discrimination de facto continues to deny access to public services including housing, education, hea1th, land, employment, socia1 services and other resources normally available to citizens of a country as a right.

52. Noting with concern that caste discrimination persists in preventing the Dalits from social mobility and interaction. This manifests itself through segregated

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housing settlements and cemeteries, access to common drinking water,
restaurants. temples and restrictions on marriage amongst other forms of insidious discrimination;

53. Noting that despite the existence of binding intemationa1 agreements and conventions establishing the principles of non-discrimination and equality without distinction regarding race, age, language. ethnic group. caste. religion. culture, disability , sexua1 orientation or other status. Nevertheless the exclusion.
concealment and flagrant violations of the human rights and fundarnenta1 freedoms of persons because of their sexua1 orientation persist.

54. Believing that the declaration of Apartheid as a crime against humanity was the most progressive and important step taken by the United Nations and its member states. in its quest to eradicate this barbaric and inhumane system which perpetuates racism.

55. Convinced that the cause to eradicate apartheid and its manifestations, by world leaders, was not only limited to South Africa but had a globa1 context and focus.

56. Noting that apartheid manifested itself through racial segregation. racial domination, annexation of land. forced migration, use of military force and subjection of victims of this scourge to worse forms of humiliation and loss of dignity .

57. Noting, also, that the apartheid system was based on a fa1se ideology of racia1 supremacy and a policy of expansionism of a settler regime on the lands of the indigenous peoples. Such expansionism resulted in the expulsion and forced removal of the indigenous peoples from their lands and resulted in the loss of their means of subsistence in order to give way to the construction of a racial settler economy.

58. Noting with great concern that apartheid exists in the present era and has accumulated new forms and manifestations. These new forms and manifestations of apartheid continues unabated in some United Nations member states and is sponsored by some members of the Security Council, who are expected to protect and monitor the upholding of the United Nations Declaration of Human Rights and the United Nations Charter.

59. Noting the complexity of these new forms of apartheid and the scars it leaves on poor communities that are forced to dea1 with its consequences on their every day lives. These new forms of apartheid gain strength from the destruction of the socia1 fabric and terrorising of civilians. It has cost the communities many casua1ties and has led to the destruction of its ability to sustain a stable family, community and socia1life.

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60. Noting that Racism against Indigenous Peoples manifests itself in many forms, including:

„h denial of the status of Indigenous Peoples with the right to self determination under intemational law;

„h environmental racism directed at Indigenous lands and communities;

„h religious and spiritual intolerance and active discrimination towards Indigenous beliefs and practices;

„h usurpation of lands, territories and resources;

„h militarisation of indigenous lands and territories;

„h forced removal and relocation;

„h forced and covert displacement;

„h forced assimilation;

„h forced removal of indigenous children from their communities;

„h discriminatory legal doctrines like terra nullius, the doctrine of discovery , doctrines that allow indigenous territories to be taken without due process of law or adequate compensation, the unilateral extinguishment of Indigenous land rights, the doctrine of prescription and effective occupation, intemporal law, and the presumption that Indigenous Peoples do not own subsoil resources under their lands;

„h discrimination against Indigenous Peoples in the civil and criminal justice systems of States;

„h failure to recognise the justice systems of Indigenous Peoples in their totality , including their underlying philosophy, collective identity and the importance given to the human dimension in such systems;

„h economic policies which exploit Indigenous resources without Indigenous consent and without returning any benefit to Indigenous communities;

„h the use of sexual violence against Indigenous women as a weapon of war;

„h misinformation and lack of reproductive information, imposition of dangerous contraceptives on Indigenous girls and women, and forced sterilisation of Indigenous girls and women;

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„h the appropriation of Indigenous intellectual and cultural property, including genetic property , and the use of the images of Indigenous peoples and individuals without their consent;

„h the lack of equal participation of Indigenous Peoples in decision-making processes in matters that may affect their cultural, spiritual or physical integrity;

„h the lack of respect for treaties, agreements and laws between Indigenous Peoples and States with no legal resource for Indigenous Peoples.

61. Religious Intolerance towards Indigenous spiritual practices and the profaning of indigenous sacred sites and objects has been a fundamental instrument in the subjugation of Indigenous Peoples since the invasion and the beginning of colonialism, and is a persistent evil that States must take action to end.

62. Environmental racism an historical form of racial discrimination, has led to and continues to lead to the ruination of their lands, waters and their environment by the implementation of unsustainable schemes, such as mining, biopiracy, deforestation, the dumping of contaminated waste, oil and gas drilling and other land use practices that do not respect their ceremonies, spiritual beliefs and life ways, the biodiversity of their lands, their economies and means of subsistence, and their right to health.

VICTIMS OF RACISM, RACIAL DISCRIMINATION,
XENOPHOBIA AND RELATED INTOLERANCE

Women

63. Recognising that treating gender separate from racism, racial discrimination and other forms of oppression tends to minimise the multiple forms of discrimination experienced by women and girls as a result of the intersection between gender, caste and untouchability , race, xenophobia and related intolerance. Consequently, such discriminations are often unaccounted, unidentified and therefore excluded from discussion.

64. Issues of racism, racial and ethnic discrimination, xenophobia and related intolerance must be approached within the context of an understanding of an intersectionality of all forms of discrimination including gender. Indigenous women and women of other marginalized communities experience multiple forms of discrimination due to the nexus of class, gender and their other multiple identities. They are denied their right to self determination, to earn and inherit property and to control resources; they are treated as having a lower status than men, and are often excluded from political leadership and participation. Their equal status is not recognised by the State and dominant culture, or by the people within their communities and families.

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65. Acknowledging that intersectional subordination occurs in many contexts including the misuse of racial equity policies, increased incarceration of women, restrictive migration policies, increased trafficking in persons. the systematic rape, forced pregnancy, sexual abuse and sexual slavery (particularly in armed conf1ict), including the traditional system of temple prostitution (the devadasi system) against Dalit women, Lack of access to quality health care and limited employment opportunities.

Indigenous Peoples

66. Indigenous Peoples live in every region of the world, including the Arctic, Africa, Russia, the Americas, Europe, Asia and the Pacific, amongst other areas and everywhere they suffer gross discrimination and marginalisation. The belief in the inferiority of Indigenous Peoples, in addition to the Lack of consultation on matters that affect them, remains deeply embedded in the legal, economic and social fabric of many States and has resulted in the dispossession and destruction of Indigenous territories and resources, political, religious and social systems. Indigenous Peoples continue to suffer the loss of their territories and resources, the destruction of their cultures, and violence directed at their peoples. Indigenous women and children, in particular, endure multiple forms of discrimination. This dispossession, violence and discrimination constitute flagrant violations of their human rights in contravention of the Universal Decla5ation of Human Rights.

67. Indigenous Peoples are peoples within the full meaning of International Law. Indigenous Peoples have the right to self-determination by virtue of which they " freely determine their economic, social, political and cultural development and the inherent right to possession of all their traditional and ancestral lands and territories. The knowledge and cultures of Indigenous Peoples cannot be separated from their unique spiritual and physical relationships with their lands, waters, resources and territories. The denial or qualification of the self-determination of Indigenous Peoples is racist and lies at the root of Indigenous suffering.

68. Deploring the structural racism in past and current manifestations of colonialism, invasion, apartheid and genocide which has denied Indigenous Peoples their fundamental right to self-determination, and recognising that such denial lies at the root of Indigenous Peoples' suffering.

69. Recognising that through colonisation Indigenous Peoples throughout the world and in every region suffered and continue to suffer dispossession and loss of their ancestral Lands and territories. The lands have been exploited and developed without consent and often without benefit to the victims of such acts.

70. Recognising that racism against Indigenous Peoples manifests itself in discriminatory Legal doctrines that perpetuate and exacerbate racism against them.
These doctrines include the doctrine of terra nullius, the doctrine of discovery, doctrines that allow indigenous territories to be taken without due process of law

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or adequate compensation, the unilateral extinguishments of indigenous land rights, the doctrine of prescription and effective occupation, and the presumption that Indigenous Peoples do not own subsoil resources under their lands.

Africans and African Descendants

71. Recognising that Africans and African descendants share a common history of slave trade, slavery , conquest, colonisation and apartheid. They also share a common experience of anti-black racism. We recognise that people of African descent live on all world continents, although they have been renamed, suppressed and marginalized. All over the world Africans continue to be subjected to racism, discrimination and intolerance. It is the complexity of these common roots and experiences that bind Africans together as a community.

72. Recognising that the slave trade (specifically trans-Atlantic, trans-Saharan and trans-Indian Ocean) and slavery forced the brutal removal of the largest forced migration in history (over one hundred million), caused the death of millions of Africans, destroyed African civilisations, impoverished African economies and formed the basis for African under-development and marginalisation which continues to this day. Acknowledging that Africa was dismembered and divided among European powers, which created Western monopolies for the continued exploitation of African natural resources for Western capital and industries.

73. Recognising also that unlike the trans-Atlantic slave trade, the trans-Saharan slave trade continues unabated to this day, affecting detrimentally the lives of countless iildividua1s and communities, particularly women and children. Despite international agreements that condemn slavery , the trafficking of African children for slavery and forced labour is still ongoing, whilst the enslavement and other forms of servitude of Africans and African Descendants have resulted in substantial and lasting economic, political and cultural damage to these peoples.
This form of exploitation is particularly damaging to African and African descendent women, who are still victims of sexual tral1icking and sexual exploitation.

74. Acknowledging the specificity of anti-black racism (both past and present) which is fundamentally rooted in white supremacist ideology and the economic profits of colonial and neo-colonial oppressors and which is perpetuated by social ghettoization, demonization and criminalization of blackness.

75. Recognising that the development of Africa has been greatly impeded by the global imbalances in power created by slavery , colonialism and other forms of exploitation and is maintained and extended by neo-colonial policies and practices

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including the pillage of human and material resources of Africa and the draining of its financial resources by foreign debt services.

Jewish People

76. Recognising that antisemitism, one of the oldest and most pernicious and prevalent forms of racism, still exists and is even increasing in many areas of the world.

77. Recalling the dehumanisation, persecution and genocide of Jews in the Holocaust, as well as other minorities during and before World War II.

78. Deeply alarmed by the continued activities of proponents of Holocaust denial and Holocaust revisionism, and by channelling of racist rhetoric and calls to violence on the Internet.

79. Noting with distress that Jewish people still suffer from persisting prejudices and are victims of deeply rooted antisemitism in many countries throughout the world.

80. Distressed by the recent desecration of many Jewish cemeteries, synagogues and Jewish communal buildings and other property , as well as an increase in harassment and assaults of Jewish people worldwide.

81. Convinced of the necessity of more effective measures to address the issue of antisemitism world-wide today in order to counter these phenomena and increase awareness about them.

Asian and Asian Descendants

82. Observing that racism against Asians and Asian descendants manifests itself today through lack of access to political, economic and social opportunities, racism in the media, hate crimes, racial profiling, discriminatory employment and unfair immigration policies and practices.

83. Noting with concern that diasporic Asian descendants have been and continue to be viewed with suspicion and hatred, and are often criminalised and used as scapegoats for social and economic problems and international conflicts. As a result, they are subject to laws and practices that overtly and systematically discriminate against them.

84. Noting with concern that diasporic Asians are either invisible in mainstream media or stereotyped as inassimilable foreigners, security risks, spies and terrorists. News stories about Asian descendants lack breadth of coverage and is unbalanced, often focusing on crime, social problems, and the "yellow peril" of East Asian immigration. Asian descendent women are often depicted in the media as submissive and exotic sexual objects.

85. Recognising that Asian descendants historically have been and continue to be victims of racially motivated crimes. The negative perception of Asian

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descendants underpins exclusionary immigration and other Asian laws and media stereotypes that encourage would - be perpetrators to commit hate crimes against Asian descendants. In particular, immigrants are vulnerable because they are used as scapegoats by anti-immigrant forces for economic and social ills. At the same time, they face cultural and language access issues relating to government service and protection.

86. Noting with concern that Asian women in particular bear many of the negative effects of globalisation and historical attitudes toward Asians. which are manifested through human trafficking and migration of Asian women as mail order brides, domestic workers, sex trade workers and low wage or sweat shop workers.

Refugees, Documented and Undocumented Migrants, Asylum Seekers, Internally Displaced, Stateless Persons and Trafficked Persons

87. Recognising that discrimination against migrants, refugees, asylum-seekers, undocumented persons, and internally displaced persons is distinct from racism and racial discrimination. Such discrimination can be based on mere foreignness;
that is, even when racial and other characteristics make non-nationals indistinguishable from nationals, hostility and discrimination occurs. Furthermore, the intersection of racism and xenophobia is manifested by the presumption that anyone whose physical characteristic are distinct or language is different from the , idealised national norm is assumed to be foreign.

88. Patriarchal and sexist ideologies framing the current international division of labour intensify women' s subordination, undervalue women' s work and contribute to the feminisation of poverty and labour migration. They also perpetuate gender stereotypes and restrict men to reproductive work, entertainment and sex work. These make women migrant more at risk than men to racist discriminatory , xenophobic and exploitative treatment.

89. The discrimination experienced by most migrant workers is manifested through restrictive and exclusionary immigration and labour laws and policies, the denial of trade union rights, exploitative working conditions, low wages and nonpayment of wages, lack of access to public services such as health, housing, and social security and in both subtle and overt acts of hostility and violence against specific groups based on colour, gender, caste, class, ethnicity, nationality and position in international power relations. It is structural in nature and contravenes international standards. Undocumented migrants are doubly at risk of racial discrimination and xenophobia. Their lack of legal status is often used to justify denial of human rights, including access to redress mechanisms and social services.

90. Observing that placing undue stress on restrictive admission and immigration policies and arbitrary detention of asylum-seekers and undocumented persons produces negative stereotyping and exacerbates a climate of xenophobia.

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91. Observing that the manifestations of xenophobia include incitement to and actions of overt exclusion, hostility and violence against persons based on their perceived status; association of migrants and others with crime and criminalization; and restricting the application of basic human and legal rights protections.

92. Noting with concern that as the number of documented, undocumented migrants, refugees, asylum seekers, internally displaced people, stateless persons and trafficked peoples, both between and across borders increases world-wide, states have become more reluctant to deal effectively with displacement and related discrimination. Restrictive migration and asylum policies, discrimination in employment, housing, health care and limited or no access to socio-economic rights and legal protection systems, are amongst some of the manifestations of intolerance displayed towards such persons.

93. The intersection of race, gender and refugee status should be recognised in relation to refugee and displaced women who are discriminated against on many grounds, including their ethnicity and sex. Rape and forms of sexual torture, which are used in situations of conf1ict, and have been recognised as crimes against humanity , should be recognised as grounds for refugee status.

Roma/ Sinti/ Travellers

94. Drawing lessons from history, we acknowledge and strongly condemn the tragedies suffered by Roma all over the world, such as slavery , extermination and deportation during the Second World War - "Porajmos" -.

95. Acknowledging the transnational character of the Roma people identity and its common aspirations, we strongly support their right to be recognised, by UN, by the regional inter-governmental bodies and organisations, by States and by the whole world, as a non-territorial nation.

96. Deploring all forms of racial discrimination against Roma, we strongly condemn all the consequences of racism against Roma, such as social exclusion, persecution, lack of access to resources, denied participation to decision-making processes at local and central administration levels, discrimination in education, employment, housing, healthcare and other social services, as well as in terms of forced cultural assimilation.

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People under Foreign Occupation

97 Acknowledging. that foreign occupation creates an environment in which the occupied people are exposed to a wide range of systemic and gross violations of human rights and freedoms. We extend our solidarity to the struggles for self determination for the peoples of Pa1estine, West Sumatra. Aceh-Sumatra, Bougainville, Naga1and, Assam, Megha1aya, Manipur, Tripura and other States and indigenous communities in the North East of India, in the North East of Sri Lanka, in Tibet, Kashmir, Bhutan, Mindanao and elsewhere in the world. Where States deny self-determination to its people, these regions are rendered occupied territory .

98. Recognising further that the Palestinian people are one such people currently enduring a colonia1ist, discriminatory military occupation and other racist methods that violates their fundamental human right of self-determination, amount to a new form of Apartheid and other racist crimes against humanity. Recognising therefore that the Palestinian people have the clear right under International Law to resist such occupation by any means provided under international law until they achieve their fundamenta1 human right to self-determination including its new form of Apartheid and end the Israeli Racist Systems.

99. Recognising further that a basic ..root cause" of Israel's on going and systematic human rights violations, including its grave breaches of the Fourth Geneva Convention 1949 (i.e. war crimes), acts of genocide and practices of ethnic cleansing is a racist system, which is a new form of Apartheid. One aspect of this Israeli racist system has been a continued refusa1 to a1low the Pa1estinian refugees to exercise their right as guaranteed by Internationa1 Law to return to their homes of origin. Related to the right of return, the Palestinian refugees a1so have a clear right under Internationa1 Law to receive restitution of their properties or, where this is physically impossible, to receive full compensation therefore. Furthermore, Internationa1 Law provides that those Palestinian refugees choosing not to return are entitled to receive full compensation for all their losses. Israel' s refusa1 to grant Palestinian refugees their right of return and other gross human rights and humanitarian law violations has destabilised the entire region and has impacted on world peace and security .

100. Recognising likewise, that while the case of Pa1estine is one of the most serious cases of foreign occupation, the situation of the six million Tibetan people suffering under 50 years of the occupation of their country also warrants attention.

101. Noting with concern that the people of Tibet continue to suffer institutionalised forms of racia1 discrimination under the Chinese regime. China continues to recklessly explore and extract the rich minera1 resources of Tibet, which has caused irreversible damage to the fragile eco-system on the Tibetan plateau.

102. Noting with great concern the implementation of policies of population transfer of millions of settlers into Tibet and the carrying out of coercive birth control practices against Tibetan women. Population transfer of Chinese settlers into Tibet is a1so creating conditions of discrimination against the Tibetans at an

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a1anning rate. And recognising the situation of other people living under foreign occupation in different parts of the world.

Dalits

103. Noting that for centuries together more than 300 million people in the world, especia1ly in Asia-Pacific and Africa, have been discriminated against on the basis of descent and work. The Da1its are denied their right to life because of their birth into a particular caste. They have been denied their right to live as ordinary citizens in the land of their birth and they are subjected to inhuman treatment.

104. Recognising that the Dalits have been systematica1ly denied their right to access public services such as housing, education, health, land, employment and other resources nonna1ly available to citizens of a country , as a right. The legal system, that is supposed to protect them, is responsible for the continued perpetuation of this form of discrimination. It places restrictions on their enjoyment of rights as well as on their social and economic mobility and makes them more vulnerable to all forms of violence.

105. Noting with concern that any action taken by the Dalits individua1ly and collectively to assert their rights is met with extreme measures of violence such as burning or destruction of their crops, socia1 boycott, rape and murder.

National Minorities

106.Noting with deep concern the institutiona1ised racial discrimination against national or ethnic minorities and the violation of their human rights, by socia1 exclusion, racist persecution, and violence -and in some parts of the world extermination. And their subjection to inhumane treatment by the states and citizens that are majorities. Their right to fair treatment, paricularly within the judicia1 system, and their struggle for equa1ity is very important for rea1ising the goa1 of creating societies that are based on plura1ism and diversity .

People living with HIV /AIDS

107.Noting with concern the a1anning rate at which HIV/AIDS is attacking our society and how society has responded to people who are living with HIV with intense prejudice. People living with HIV / AIDS are subjected to systemic disadvantage and discrimination and they have been stigmatised and margina1ized.
They are denied employment because of their HIV positive status, thereby condemning them to a certain economic death. We note also how society's response to them has forced many of them not to revea1 their HIV status for fear of prejudice.

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108. Noting also that notwithstanding the availability of compelling medical evidence to show how the disease is transmitted" the prejudices and stereotypes against HIV positive people still persist.

109. Noting particularly in Sub-Saharan Africa that poverty and poor health services causes the early demise of people living with HIV, although early medical
intervention could assist them to lead productive and reasonably healthy lives.

110. We deplore the attitudes and practices of certain international pharmaceutical companies as well as the indifference on the part of the international community that are contributing to the additional prevalence of this genocidal virus" particularly in so far as it affects the African continent. We also condemn the perceptions created that HIV / AIDS is an African disease or a virus of African origin.

People with disabilities

111. Observing that the growing number of persons living with disabilities are also victims of racially motivated situations such as wars, ethnic conflict, religious persecution and other intolerance forcing them to leave their country of origin.

112.Acknowledging that these persons have a1ways been victims of discrimination on the grounds of their differences and are therefore not fully integrated into society .

113. Recognising that persons living with disabilities are vulnerable or affected by intersectional discrimination based on race, ethnic origin, gender, age, sexual orientation and other distinctions: Restrictive migration and asylum policies, discrimination in employment, housing, health care, education and other at all other levels of social interaction particularly affect them.

Gays, Lesbians, Bisexual and Transgender Persons

114. Asserting that despite the existence of binding international agreements and conventions establishing the principles of non-discrimination and equality without distinctions regarding race, age, language, ethnic group, culture, religion, disability or other status, nevertheless the exclusion, concealment and flagrant violations of the human rights and freedoms of persons because of their sexual orientation still persists.

115. Noting that there remain serious obstacles to the full enjoyment of civil and political! rights, as well as economic, socia1 and cultural rights of lesbian, gay, bisexual and transgender persons, particularly those who also belong to population groups that are excluded or discriminated against because of their race, ethnic group, language, nationality, gender, socio-economic status, age, disability , or other status. These rights are not expressly recognised in most national norms currently in force, and therefore discrimination and inequality based on sexual orientation continue to persist.

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116. Noting further that there are still high rates of physical, sexua1 and psychologica1 violence in the public domain and in private life toward persons with a sexua1 and racia1 identity different from what is considered to be the norm

Children, Youth and Young Adults

117. Recognising that one of the most identifiable effects of racism in the educationa1 system is the negative impact it has on the performance of children. Also noting with concern the lack of representation of the victims of racism, racia1 discrimination, xenophobia and related intolerance on school teaching staff and in the governance of the schools.

18. Considering that young people, particularly young Indigenous Peoples, African and African Descendants, Roma Peoples, Da1its, minorities and peoples of oppressed nationa1ities, ethnicities or caste within their States are discriminated against, excluded from and margina1ized in the decision making processes, resulting in the limiting of the full and active participation politically, econornica1ly, and culturally. In addition, young people, particularly girl children and young women are discriminated against in education, hea1th, civil and criminal justice and the media.

119.We call on all States to:

„h Eliminate all laws and practices that portray youth and young adults as crirnina1s, which are classifications frequently, based on stereotypes of race, socia1 class and/or sexua1 orientations.

„h Eliminate the substantive norms and judicial processes that concern children, adolescents and youth to maximum sentencing;

„h Provide a mechanism for all youth and children to have free access to qua1ity education and training;

„h Ensure that the rights of children to access to hea1th care and medical services

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MEASURES OF PREVENTION, EDUCATION AND PROTECTION AIMED AT THE ERADICATION OF RACISM, RACIAL DISCRIMINA TION, XENOPHOBIA AND RELATED INTOLERANCE AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS

General:

120. Taking into account the need for greater intercommunity relations that are effective in resisting the pressures of racia1 discrimination, which has been recognised as a globa1 challenge by 156 nations that ratified the International Convention on the Elimination of All Forms of Racia1 Discrimination.

121.Noting that all those internationa1 human rights, humanitarian and customary law principles, norms, standards and rules enumerated and embodied in various international, continental, regional and sub-regional treaties, protocols and declarations, in particular those contained in the annexe hereto remain indispensable for the promotion and protection of humanity in the fight against racism, racial discrimination, xenophobia and related intolerance.

122. Bearing in mind that the United Nations and its member states, notwithstanding the existence of numerous human rights instruments has failed woefully to arrest and eliminate the rise in the scourge of racism, racial discrimination, xenophobia and related intolerance.

123. Recognising the importance of implementing effective preventative mechanisms that will assist in arresting and eventually eliminating the scourge of racism, racial discrimination, xenophobia and related intolerance.

124. We, the members of civil society, demand the effective implementation of preventive mechanisms that will address, arrest and eliminate the rising scourge of racism, racial discrimination, xenophobia and related intolerance. Such implementation should be informed by the political and socio-economic needs and aspirations of civil society .

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In particular, the following measures should be addressed:

Education and Training

125. Recognising the importance of education in combating prejudice and in the protection of individual human rights and specifica1ly with regard to minority , Dalits and Indigenous Peoples, and further reca1ling that many States parties have not implemented ICERD
article 7.

126. Bearing in mind that the elimination of ignorance about racism. racia1 discrimination, xenophobia, antisemitism, casteism and untouchability and related intolerance being an imperative norm of the international community;
recognising the need for public information campaigns and other short. medium and long-term initiatives to address the dangers of racism, racia1 and cultura1 discrimination, xenophobia, antisemitism, casteism and untouchability and related intolerance, and to educate populations, especially the young about the merits of cultural diversity .

127. Recognising the importance of capacity building, training, and awareness raising, including public seminars at the nationa1, regional and community level on international standards and mechanisms to give ICERD effect at all levels.

128. Noting with concern the lack of school curricula that meets internationa1 standards and recognising the value of having school curricula that is void of discriminatory content and which teaches the principles of equa1ity , human dignity and fundamental rights and freedoms. We recommend that school curricula should promote universa1 values, such as acceptance of others, non-discrimination, mutua1 understanding and solidarity among peoples. Training courses for educators and care-providers should a1so be designed to integrate universa1 values as a fundamenta1 aspect of life-long learning.

129. Bearing in mind that education is a primary function of understanding human rights and freedoms, we deplore the fact that some educationa1 systems are used as tools for advancing racist, casteist and supremacist ideologies and in so doing employ texts, documents and other tools of learning that convey pejorative images of Africans, Indigenous Peoples, Asians and their descendants.

130. Considering that schools and other centres of learning play a critica1 role in shaping future generations and recognising that current efforts, in schools and other centres of learning to combat racism, including cha1lenging racist language, pejorative images of minorities, indigenous peoples, Dalits and other vulnerable people, eradication of words, terms and views with racist content, are woefully inadequate.

131. Recognising the importance of addressing racism, racia1 discrimination, xenophobia and other intolerance at a1l levels of academic training, and noting with concern the significant role that universities and other tertiary institutions play in shaping the various strata of the educationa1 sector and further noting the paucity of those who are the victims of racism, racia1 discrimination and other forms of intolerance among the ranks of the academic staff at such institutions.

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132. Recalling the historica1 barriers faced by Africans, Indigenous Peoples, Asians and their descendants in their quest to obtain higher and qua1ity education and recognising the financia1 and other institutiona1 barriers faced by Africans, Indigenous Peoples, Asians and their descendants to access institutions of higher learning and further noting the inadequacy of existing mechanisms of financia1 support for students trying to enter such institutions in the internationa1 arena.

133. Considering that instruction which is not culturally and/or language accessible cannot effectively reach the student population, and also noting with concern that schools that do not provide instruction in a students own language are in effect perpetuating discrimination and placing the student at a disadvantage because of his or her particular native tongue. Considering also that without adapted means of education (lack of specia1 programs for persons with intellectual disabilities, programs adapted to visual and hearing impairment, architectura1 accessibility) persons with disabilities will continue to be excluded from exerting their rights at a1llevels of society.

134. Deploring the public educational policies that deny the development of the Roma children and youth self-esteem, we strongly concern the monocultural autarchic and inflexible educational system which ignores or stigmatise the Roma cultural identity .

Health

135. Bearing in mind that the forrna1 training received by health care providers and practitioners can be transmitters of racial and other prejudices, and that health care providers and practitioners are often not trained to provide culturally appropriate care and that members of African descent communities, indigenous communities, Da1its and other non-dominant racial and ethnic groups are not adequately represented as hea1th care providers.

136. Expressing deep concern at the fact that historical discrimination on the basis of race, gender, ethnicity , caste and untouchability , age, sexua1 orientation, disabilities, religion, culture, social status, nationality and other forms of discrimination has produced poor or inadequate hea1th care systems, denied access to qua1ity , comprehensive health care, including access to reproductive hea1th services, and promoted disparities in health status that is experienced primarily by disadvantaged racia1 and ethnic groups. In particular this has contrib1jted to high rate of maternal mortality amongst women of marginalized communities.

137.Noting that whenever measures are not taken to provide a clean environment because of discrimination on the basis of race, gender, ethnicity, caste and untouchability , age, sexual orientation, disabilities, religion, culture, socia1 status, nationality and other forms of discrimination has resulted in members of these groups having a lower hea1th status.

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138. Noting with particular concern that racism, xenophobia and other intolerance has played a significant role in barring access to education, and treatment for those infected. presumed to be infected and affected by HIV/AIDS.

Techno-Racism, the Media and Communication

139. Acknowledging that the Media is a very powerful tool for public relations and that if used for negative ends could have undesirable effects on social stability .

140. Noting with deep concern the dissemination in the media of stereotypes and pejorative images of Africans African descendants, Indigenous Peoples Dalits, migrants and other groups affected by intolerance and discrimination and particularly, women of these groups.

141. Accepting that the role of the media is very important when dealing with issues of race. -discrimination. and a dia1ogue on race and in order to play a proactive role in establishing positive change we note that the media needs to do away with hyping the tension and creating fear between racial, caste and ethnic groups.

142.Noting that the role of the media a1so needs to change to fit the paradigm of a multicultural society . Most people recognise and appreciate the potentia1 of the media to set the public agenda, but sometimes forget how much influence it can have and how it can skew perceptions thereby reinforcing negative stereotypes. The media can inform, motivate, organise, empower and set new trends. It can help bring about positive change in a community or it can encourage negative reactions and responses to events occurring within it.

143. Acknowledging that the internet is to the twentieth century what the printing press was to the sixteenth century; a powerful tool to disseminate information and educate audiences across a broad spectrum, we note and denounce its abuse to disseminate new forms of racism, racia1 discrimination, xenophobia, Islam phobia, caste cornmuna1ism, antisemitism, Holocaust denia1 and other related intolerance.

144.We note and deplore the current use of the Internet advertising web sites that clearly and blatantly propagate racia1 and other hatred by white supremacist groups.

145.We call for design strategies to ensure the positive use of new technologies, like websites, newsgroups and other media on the Internet to acknowledge, accept and understand the diversity within society. We a1so ca1l for the development of self-regulatory codes of conduct with high ethical standards to combat racism in the media and for the provision or encouragement of appropriate training and educationa1 materials for journa1ists to practice ethical reporting ref1ecting the concerns of a multi-cultura1 and multi-ethnic society .

146. We call upon the communication agencies, the media and related systems to reaffirm their democratic and ethica1 principles and their socia1 function as opinion-leaders, by opening up their areas of action to sensitise society and to include the expressions and symbolic representations of diversity; to recognise

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discriminated sectors' right to communication and to eradicate the broadcasting of products with discriminatory contents.

Criminal Justice and Judicial System

147. Considering that the criminal justice, immigration and prison systems have, historically, engaged in discrimination on the basis of race, gender, ethnicity, caste and untouchability , age, sexual orientation, disability , religion, culture, social status, nationality and other forms of discrimination and recognising that these discriminatory practices occur because of the lack of comprehensive awareness training for officials that administer such systems, including law enforcement agencies, prison, correctional services, personnel, judges, prosecutors and defence lawyers.

148. Recognising that there is a vital need for comprehensive training modalities to include peoples affected by the multiple forms of discrimination and that immigration officers, in particular, often lack training in the laws relating to refugees as well as the human rights situation in refugees country of origin.

149. Recognising the absence of accessible, free translation for those interacting with the criminal justice, immigration and prison systems is yet another way that these systems fail to protect vulnerable populations from discrimination on the basis of race, gender, ethnicity, caste and untouchhability, age, sexual orientation, people living with disabilities, religion, culture, social status, nationality and other forms of discrimination.

150.Noting with concern the absence of global initiatives that force the states to respect and implement domestic laws, that are consistent with international law, to protect vulnerable populations from racism, racial discrimination, xenophobia and related intolerance.

151.Noting with grave concern and stressing that Africans, African descendants, Indigenous Peoples, Dalits and other discriminated communities and persons with mental health problems remain victims of grave discriminatory treatment in the legal and judicial processes as well as police procedure (specifically police brutality). Amongst other practices, this includes inaccurate accusations, inadequate representation, denial of bail, lengthy delays in the finalisation of cases, discriminatory imposition of long prison sentences, the inhuman conditions within prisons and where it exists, the imposition of the death penalty .

152. Recognising that the racism faced by Indigenous Peoples is directed at them both as Peoples as well as individuals and that Indigenous Peoples have long fought to address racism against their Peoples in international fora because of the inadequacies of domestic legal and political systems and noting in particular the elaboration of the draft United Nations Declaration on the Rights of Indigenous Peoples approved by the Sub-Commission on the Prevention of Discrimination and Protection of Minorities in its Resolution 1994/45.

153. Considering that racism against Indigenous Peoples is not well understood at the local, national or international levels, in particular racism as it manifests itself in

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the socia1, economic, politica1 and lega1 structures of States directed at Indigenous collective rights, and noting with concern that information regarding Indigenous Peoples in the educationa1 systems of States is often inaccurate, misleading and perpetuates racism against Indigenous Peoples and must be transformed in consultation with Indigenous Peoples.

154. Shockingly aware of the fact that racia1 discrimination against the Da1it, Roma.
Burakku and such other communities is not well known and understood at the loca1, nationa1 or especia1ly internationa1 levels, and that information regarding these communities in the educational systems of States is woefully meagre, resulting in the perpetuation of such discrimination, and therefore necessitates the need for adequate knowledge and transformation of attitudes and mindsets.

155. We urge all states to sign, ratify and implement the 1990 Internationa1 Convention on the Protection of the Rights of All Migrant Workers and Members of their families.

156. Where necessary , we urge all states to modify immigration policies, legis1ation and programs of states of origin, transit and destination which have racist content or effect, with a view to eliminating all discriminatory policies and practices against migrants and asylum seekers.

157. We urge all states to accept the mechanism of individua1 complaint provided by the Convention and refrain from impeding ratification by other states and/or ca11ing for standards explicitly less strict than those in the 1990 Convention.

158. We call on all the states to comply with the provisions of the Convention on the Rights of the Chi1d, in particular Article 2 (on non-discrimination) and Article 22 ( on refugee children).

159. We call on all the states to adopt and implement the 1951 Convention on Refugees and the 1967 Protocol on Refugees and abide by the policy directives, guidelines and recommendations of the United Nations High Commissioner for Refugees.

160.We urge states to eliminate discriminatory treatment by public authorities, in particular police, other law enforcement officers, immigration officers as well as de facto immigration officia1s such as airport and airline employees, of persons from countries of emigration, asylum seekers and undocumented persons.

161.We Call on the World Conference to endorse the development of an intersectional methodology examining the interaction of race and gender and identifying intersectiona1 discrimination and its effects on women and girls. This methodology should serve as a basis for designing and implementing all lega1 instruments, policies and programs aiming at the elimination of racism, racial discrimination, xenophobia and related intolerance.

162. We call upon the United Nations to incorporate respect for sexua1 diversity into human rights instruments; explicitly rejecting the imposition of any pattern of life based on intolerance, or denial of persons' freedom and dignity.

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163.We call upon the World Conference against Racism, Racial Discrimination, Xenophobia and Other Related Forms of Intolerance to declare that the various forms of discrimination including, among others, racism, racial discrimination, xenophobia, sexism, casteism and untouchability and homophobia are crimes against humanity .

164.We urge States to formulate Constitutional clauses that explicitly guarantee non-discrimination and enjoyment of all rights for all persons, without any distinction regarding race, ethnic origin, gender, age, sexual orientation, language, religion, national origin, migratory status, social status, economic standing, work, descent, health status and disability , as well as other diversities, unless that which allows for the addressing of past discrimination. Likewise, to incorporate mechanisms into their legislation that allows for the investigation and punishment of all forms of discrimination, against individual and collective practices. We urge states further to repeal discriminatory laws and those that criminalise consensual same sex relations.

Environmental Racism

165.We deplore the widespread environmental degradation and its impact, particularly on indigenous peoples and other vulnerable and marginalized groups.
We call for immediate action to protect the environment for the benefit of all peoples of the world.

166.We call on the World Conference to campaign against all forms of environmental degradation or destruction, including nuclear testing, dumping of chemical or nuclear waste, using, shipping, storing or deploying toxic, nuclear and other weapons of mass destruction, deforestation, irresponsible mining operations, oil pollution and timber logging.

167.We call on the states to fully reinforce and fully apply legislation and policies that protect society from dangerous practices that tend to pollute the environment and demand that mu1ti-national corporations abide by international safety norms and offer compensatory measures to affected communities and guarantee a healthy and sustainable existence for all members of society .

168.We call for the creation of an Environmental Justice Fund to be used for the restoration of polluted lands and waters in the countries and communities of Indigenous Peoples, people of African descent, migrants and other victims of racism.

169. We call for Environmental Justice Networks to be developed in each region to:

„h Increase awareness of how environmental racism is manifest in the region;
„h Share information, strategies and lessons learned to combat environmental racism;
„h Develop advocacy strategies that link the environment (including environmental racism)
To human rights; and

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„h Engage in mutual solidarity actions
„h Develop training programmes for NGO leaders on effective remedies for environmental racism at the local, national and international level.

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PROVISION OF EFFECTIVE REMEDIES, RECOURSE, REDRESS, COMPENSATORY AND OTHER MEASURES AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS

General:

170. We urge the World Conference, all States, religious and Spiritual leaders, civil Society and every responsible individual to:

„h promote the awareness of our common spiritual identity and our inter connection as one human family;

„h take responsibility to help repair the loss of human dignity and self-respect that has resulted from past mistakes, to create a climate of reconciliation and forgiveness in order to heal humanity's deepest wounds and to promote a spiritual vision that endows us with natural compassion, love and respect for others;

„h Promote a shift in consciousness and attitude in order to create a future integrated society based on universal values.

At the international level:

We call upon States to:

171. Sign and ratify without delay and reservations all international instruments providing for equality and non-discrimination, in particular the International Convention on the Elimination of All Forms of Racial Discrimination and to declare, in line with provisions of article 14 of the Committee on the Elimination of Racial Discrimination to consider communications from individuals or groups claiming to be victims of violations of the Convention.

172. Sign and ratify the other major international Human Rights treaties such as the two international Covenants on Human Rights, the Convention on the elimination of All Forms of discrimination against Women and its optional Protocol, The International Convention on the Protection of the Rights of all Migrants workers and their Families, the Convention Relating to the Status of Refugees and its Additional Protocol and the Convention Against Torture.

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173. Review existing reservations to relevant human rights instruments with a view to withdrawing them and ensure the full and effective implementation of those instruments at the national level.

174. Duly and timely comply with reporting obligations provided by the relevant international human rights instruments and publicise and act upon the concluding observations and general recommendations/comments made by the relevant human rights treaty bodies and other supervisory mechanisms

175. Fully comply with international humanitarian law obligations and respect non-discrimination provisions binding on all parties to an armed conflict.

176. Reaffirm, in accordance with international law and with the Statute of the International Criminal Court, that the persecution of any identifiable group or collectively on political, racial, national, ethnic caste, descent and work, cultural, religious, gender or other grounds constitutes crimes against humanity and in view of the importance of combating impunity , sign and ratify , if they have not yet done so, the Statute of the International Criminal Court.

177. Ensure that, in accordance with universally recognised human rights norms, all groups and individuals who have fallen victim to human rights violations have the right to reparation, without any distinction based on race, colour caste, gender, sexual orientation, age, disability , language, religion, political or other opinion, ethnic, national or social origin, property, birth, work or other status.

178. Enact legislation to combat caste-based discrimination in those countries where such legislation does not exist. -

179. Abolish the death penalty , giving particular consideration to the fact that throughout the world it is used disproportionately against people belonging to racial, ethnic, national minorities and Indigenous Peoples.

180. Commit to the creation of equal relations between northern and southern countries and respect for Human Rights by international monetary institutions.

181. Address globalisation and the fact that it reinforces the exploitation and exclusion from the full benefit of economical and political development and to acknowledge the consequences of structural adjustments and debts overhead. Therefore we urge Governments to cancel odious debt in order to enable and empower States and peoples to undertake the necessary transition to development and prosperity .
At the national level

We call upon all states to:

182. Adopt comprehensive legislation expressly prohibiting discrimination in all spheres of life, including but not limited to education, housing, employment, health care, social services, access to citizenship, access to public places and all other goods and services available to the public. Such legislation should integrate a full gender dimension, taking into consideration the intersectional discrimination faced by black, migrant, indigenous and ethnic minority and Dalit women.
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183. Train educators and curriculum developers in the areas of multiculturalism, multilingua1ism, curriculum research and development and the modern concept of communication and technology, so as to promote reconciliation. integration, general understanding and economic development.

184. Identify and assess the real need and the value systems of the various communities through civic participation.

185. Provide teachers, mobile and flexible structures to ensure communities/peoples on the move access to formal, non-formal and informal education.

186. Recognise the importance of community media which give a voice to men and women - from marginalized backgrounds and provide adequate funding for grassroots media and their associations and to consider national legislation that encourages greater representation of marginalized groups in the ownership and management of the media, including favourable legislation for the creation and sustainability of community media.

187. Supply adequate funding for co-ordination and networking non-governmental organisations monitoring the media on issues of racism and non-discriminatory reporting and those encouraging media that support human rights issues.

188. Identify the various marginalized groups such as: nationa1/ethnic minorities, Indigenous Peoples, women, people living with disabilities, -refugees and displaced persons and develop indicators so as to equip them with effective skills for visible participation in the development and management of relevant projects.

189. Ensure adequate sanctions against the perpetrators of racist, casteist and other discriminatory acts and in particular increase sanctions applicable to violent assaults motivated by the actua1 or presumed racial, casteist, ethnic or national origin of the victim, sexua1 orientation, and disability or Indigenous status.

190. Recognise the need to eliminate racist behaviour by law enforcement, correctional personnel and other criminal justice officers and establish adequate sanctions to provide rapid and effective independent investigations of complaints, to guarantee the right of appeal against arbitrary detention. Where appropriate, these measures must include language assistance.

191.Take effective measures to prevent the criminalising and racial profiling of affected people at all levels of society , particu1arly African, Indigenous Peoples and Asian Descendants and to prohibit the use of excessive force by law enforcement officers. Such measures should include data collection and anti-bias education.

192. Declare illegal and prohibit organisations promoting and inciting racial and caste or other forms of discrimination, and recognising participation in such organisations or activities as an offence punishable by law, making hate-speech

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or other forms of expression which incite hatred, violence or discrimination punishable by law, including by allowing for the lifting of immunity of politicians who commit such crimes.

193. Review all existing legislation, rules and administrative procedures, including those on citizenship, nationa1ity and immigration, to ensure that no provisions are discriminatory , paying particular attention to legislation, rules and procedures affecting target groups.

194. Ensure that a1l proposed legislation, rules and administrative procedures are in conforII1ity with internationa1 standards on non-discrimination and that there is a mechanism overseeing and guaranteeing compliance with international law .

195. Guarantee effective judicial remedies for all victims of racism, racial and caste discrimination, xenophobia and intolerance and provide reparation for victims such as compensation, rehabilitation or satisfaction and the guarantee that measures are taken to prevent the recurrence of violations.