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WCAR Declaration and Programme of Action - final version
World Conference against Racism, Racial
Discrimination, Xenophobia and Related IntoleranceWorld Conference
against Racism, Racial Discrimination, Xenophobia and Related
Intolerance
Declaration
Having met in Durban, South Africa, from 31 August to 8 September
2001,
Expressing deep appreciation to the Government of South Africa
for hosting this World Conference,
Drawing inspiration from the heroic struggle of the people of
South Africa against the institutionalized system of apartheid,
as well as for equality and justice under democracy, development,
the rule of law and respect for human rights, recalling in this
context the important contribution to that struggle of the international
community and, in particular, the pivotal role of the people and
Governments of Africa, and noting the important role that different
actors of civil society, including non-governmental organizations,
played in that struggle and in ongoing efforts to combat racism,
racial discrimination, xenophobia and related intolerance,
Recalling that the Vienna Declaration and Programme of Action,
adopted by the World Conference on Human Rights in June 1993,
calls for the speedy and comprehensive elimination of all forms
of racism, racial discrimination, xenophobia and related intolerance,
Recalling Commission on Human Rights resolution 1997/74 of 18
April 1997, General Assembly resolution 52/111 of 12 December
1997 and subsequent resolutions of those bodies concerning the
convening of the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and recalling also the two
World Conferences to Combat Racism and Racial Discrimination,
held in Geneva in 1978 and 1983, respectively,
Noting with grave concern that despite the efforts of the international
community, the principal objectives of the three Decades to Combat
Racism and Racial Discrimination have not been attained and that
countless human beings continue to the present day to be victims
of racism, racial discrimination, xenophobia and related intolerance,
Recalling that the year 2001 is the International Year of Mobilization
against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, aimed at drawing the world¡¦s attention
to the objectives of the World Conference and giving new momentum
to the political commitment to eliminate all forms of racism,
racial discrimination, xenophobia and related intolerance,
Welcoming the decision of the General Assembly to proclaim the
year 2001 as the United Nations Year of Dialogue among Civilizations,
which underlines tolerance and respect for diversity and the need
to seek common ground among and within civilizations in order
to address common challenges to humanity that threaten shared
values, universal human rights and the fight against racism, racial
discrimination, xenophobia and related intolerance, through cooperation,
partnership and inclusion,
Welcoming also the proclamation by the General Assembly of the
period 2001-2010 as the Decade for a Culture of Peace and Non-Violence
for Children of the World, as well as the adoption by the General
Assembly of the Declaration and Plan of Action on a Culture of
Peace,
Recognizing that the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, in conjunction
with the International Decade of the World¡¦s Indigenous
People, presents a unique opportunity to consider the invaluable
contributions of indigenous peoples to political, economic, social,
cultural and spiritual development throughout the world to our
societies, as well as the challenges faced by them, including
racism and racial discrimination,
Recalling the United Nations Declaration on the Granting of Independence
to Colonial Countries and Peoples of 1960,
Reaffirming our commitment to the purposes and principles contained
in the Charter of the United Nations and the Universal Declaration
of Human Rights,
Affirming that racism, racial discrimination, xenophobia and
related intolerance constitute a negation of the purposes and
principles of the Charter of the United Nations,
Reaffirming the principles of equality and non-discrimination
in the Universal Declaration of Human Rights and encouraging respect
for human rights and fundamental freedoms for all without distinction
of any kind such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or
other status,
Convinced of the fundamental importance of universal accession
to or ratification of and full implementation of our obligations
arising under the International Convention on the Elimination
of All Forms of Racial Discrimination as the principal international
instrument to eliminate racism, racial discrimination, xenophobia
and related intolerance,
Recognizing the fundamental importance for States, in combating
racism, racial discrimination, xenophobia, and related intolerance,
to consider signing, ratifying or acceding to all relevant international
human rights instruments, with a view to universal adherence,
Having taken note of the reports of the regional conferences
organized at Strasbourg, Santiago, Dakar and Tehran and other
inputs from States, as well as the reports of expert seminars,
non-governmental organization regional meetings and other meetings
organized in preparation for the World Conference,
Noting with appreciation the Vision Statement launched by President
Thabo Mbeki of South Africa under the patronage of The Honourable
Nelson Mandela, first President of the new South Africa, and at
the initiative of the United Nations High Commissioner for Human
Rights and Secretary-General of the World Conference, and signed
by seventy-four heads of State, heads of Government and dignitaries,
Reaffirming that cultural diversity is a cherished asset for
the advancement and welfare of humanity at large and should be
valued, enjoyed, genuinely accepted and embraced as a permanent
feature which enriches our societies,
Acknowledging that no derogation from the prohibition of racial
discrimination, genocide, the crime of apartheid and slavery is
permitted, as defined in the obligations under the relevant human
rights instruments,
Having listened to the peoples of the world and recognizing their
aspirations to justice, to equality of opportunity for all and
everyone, to the enjoyment of their human rights, including the
right to development, to live in peace and freedom and to equal
participation without discrimination in economic, social, cultural,
civil and political life,
Recognizing that the equal participation of all individuals and
peoples in the formation of just, equitable, democratic and inclusive
societies can contribute to a world free from racism, racial discrimination,
xenophobia and related intolerance,
Emphasizing the importance of the equitable participation of
all, without any discrimination, in domestic as well as global
decision-making,
Affirming that racism, racial discrimination, xenophobia and
related intolerance, where they amount to racism and racial discrimination,
constitute serious violations of and obstacles to the full enjoyment
of all human rights and deny the self-evident truth that all human
beings are born free and equal in dignity and rights, are an obstacle
to friendly and peaceful relations among peoples and nations,
and are among the root causes of many internal and international
conflicts, including armed conflicts, and the consequent forced
displacement of populations,
Recognizing that national and international actions are required
to combat racism, racial discrimination, xenophobia and related
intolerance, in order to ensure the full enjoyment of all human
rights, economic, social, cultural, civil and political, which
are universal, indivisible, interdependent and interrelated, and
to improve the living conditions of men, women and children of
all nations,
Reaffirming the importance of the enhancement of international
cooperation for the promotion and protection of human rights and
for the achievement of the objectives of the fight against racism,
racial discrimination, xenophobia and related intolerance,
Acknowledging that xenophobia, in its different manifestations,
is one of the main contemporary sources and forms of discrimination
and conflict, combating which requires urgent attention and prompt
action by States, as well as by the international community,
Fully aware that, despite efforts undertaken by the international
community, Governments and local authorities, the scourge of racism,
racial discrimination, xenophobia and related intolerance persists
and continues to result in violations of human rights, suffering,
disadvantage and violence, which must be combated by all available
and appropriate means and as a matter of the highest priority,
preferably in cooperation with affected communities,
Noting with concern the continued and violent occurrence of racism,
racial discrimination, xenophobia and related intolerance, and
that theories of superiority of certain races and cultures over
others, promoted and practised during the colonial era, continue
to be propounded in one form or another even today,
Alarmed by the emergence and continued occurrence of racism, racial
discrimination, xenophobia and related intolerance in their more
subtle and contemporary forms and manifestations, as well as by
other ideologies and practices based on racial or ethnic discrimination
or superiority,
Strongly rejecting any doctrine of racial superiority, along
with theories which attempt to determine the existence of so-called
distinct human races,
Recognizing that failure to combat and denounce racism, racial
discrimination, xenophobia and related intolerance by all, especially
by public authorities and politicians at all levels, is a factor
encouraging their perpetuation,
Reaffirming that States have the duty to protect and promote
the human rights and fundamental freedoms of all victims, and
that they should apply a gender perspective, recognizing the multiple
forms of discrimination which women can face, and that the enjoyment
of their civil, political, economic, social and cultural rights
is essential for the development of societies throughout the world,
Recognizing both the challenges and opportunities presented by
an increasingly globalized world in relation to the struggle to
eradicate racism, racial discrimination, xenophobia and related
intolerance,
Determined, in an era when globalization and technology have
contributed considerably to bringing people together, to materialize
the notion of a human family based on equality, dignity and solidarity,
and to make the twenty-first century a century of human rights,
the eradication of racism, racial discrimination, xenophobia and
related intolerance and the realization of genuine equality of
opportunity and treatment for all individuals and peoples,
Reaffirming the principles of equal rights and self-determination
of peoples and recalling that all individuals are born equal in
dignity and rights, stressing that such equality must be protected
as a matter of the highest priority and recognizing the duty of
States to take prompt, decisive and appropriate measures with
a view to eliminating all forms of racism, racial discrimination,
xenophobia and related intolerance,
Dedicating ourselves to combating the scourge of racism, racial
discrimination, xenophobia and related intolerance fully and effectively
as a matter of priority, while drawing lessons from manifestations
and past experiences of racism in all parts of the world with
a view to avoiding their recurrence,
Joining together in a spirit of renewed political will and commitment
to universal equality, justice and dignity, we salute the memory
of all victims of racism, racial discrimination, xenophobia and
related intolerance all over the world and solemnly adopt the
Durban Declaration and Programme of Action,
General issues
1. We declare that for the purpose of the present Declaration
and Programme of Action, the victims of racism, racial discrimination,
xenophobia and related intolerance are individuals or groups of
individuals who are or have been negatively affected by, subjected
to, or targets of these scourges;
2. We recognize that racism, racial discrimination, xenophobia
and related intolerance occur on the grounds of race, colour,
descent or national or ethnic origin and that victims can suffer
multiple or aggravated forms of discrimination based on other
related grounds such as sex, language, religion, political or
other opinion, social origin, property, birth or other status;
3. We recognize and affirm that, at the outset of the third millennium,
a global fight against racism, racial discrimination, xenophobia
and related intolerance and all their abhorrent and evolving forms
and manifestations is a matter of priority for the international
community, and that this Conference offers a unique and historic
opportunity for assessing and identifying all dimensions of those
devastating evils of humanity with a view to their total elimination
through, inter alia, the initiation of innovative and holistic
approaches and the strengthening and enhancement of practical
and effective measures at the national, regional and international
levels;
4. We express our solidarity with the people of Africa in their
continuing struggle against racism, racial discrimination, xenophobia
and related intolerance and recognize the sacrifices made by them,
as well as their efforts in raising international public awareness
of these inhuman tragedies;
5. We also affirm the great importance we attach to the values
of solidarity, respect, tolerance and multiculturalism, which
constitute the moral ground and inspiration for our worldwide
struggle against racism, racial discrimination, xenophobia and
related intolerance, inhuman tragedies which have affected people
throughout the world, especially in Africa, for too long;
6. We further affirm that all peoples and individuals constitute
one human family, rich in diversity. They have contributed to
the progress of civilizations and cultures that form the common
heritage of humanity. Preservation and promotion of tolerance,
pluralism and respect for diversity can produce more inclusive
societies;
7. We declare that all human beings are born free, equal in dignity
and rights and have the potential to contribute constructively
to the development and well-being of their societies. Any doctrine
of racial superiority is scientifically false, morally condemnable,
socially unjust and dangerous, and must be rejected along with
theories which attempt to determine the existence of separate
human races;
8. We recognize that religion, spirituality and belief play a
central role in the lives of millions of women and men, and in
the way they live and treat other persons. Religion,
spirituality and belief may and can contribute to the promotion
of the inherent dignity and worth of the human person and to the
eradication of racism, racial discrimination, xenophobia and related
intolerance;
9. We note with concern that racism, racial discrimination, xenophobia
and related intolerance may be aggravated by, inter alia, inequitable
distribution of wealth, marginalization and social exclusion;
10. We reaffirm that everyone is entitled to a social and international
order in which all human rights can be fully realized for all,
without any discrimination;
11. We note that the process of globalization constitutes a powerful
and dynamic force which should be harnessed for the benefit, development
and prosperity of all countries, without exclusion. We recognize
that developing countries face special difficulties in responding
to this central challenge. While globalization offers great opportunities,
at present its benefits are very unevenly shared, while its costs
are unevenly distributed. We thus express our determination to
prevent and mitigate the negative effects of globalization. These
effects could aggravate, inter alia, poverty, underdevelopment,
marginalization, social exclusion, cultural homogenization and
economic disparities which may occur along racial lines, within
and between States, and have an adverse impact. We further express
our determination to maximize the benefits of globalization through,
inter alia, the strengthening and enhancement of international
cooperation to increase equality of opportunities for trade, economic
growth and sustainable development, global communications through
the use of new technologies and increased intercultural exchange
through the preservation and promotion of cultural diversity,
which can contribute to the eradication of racism, racial discrimination,
xenophobia and related intolerance. Only through broad and sustained
efforts to create a shared future based upon our common humanity,
and all its diversity, can globalization be made fully inclusive
and equitable;
12. We recognize that interregional and intraregional migration
has increased as a result of globalization, in particular from
the South to the North, and stress that policies towards migration
should not be based on racism, racial discrimination, xenophobia
and related intolerance;
Sources, causes, forms and contemporary manifestations of racism,
racial discrimination, xenophobia and related intolerance
13. We acknowledge that slavery and the slave trade, including
the transatlantic slave trade, were appalling tragedies in the
history of humanity not only because of their abhorrent barbarism
but also in terms of their magnitude, organized nature and especially
their negation of the essence of the victims, and further acknowledge
that slavery and the slave trade are a crime against humanity
and should always have been so, especially the transatlantic slave
trade and are among the major sources and manifestations of racism,
racial discrimination, xenophobia and related intolerance, and
that Africans and people of African descent, Asians and people
of Asian descent and indigenous peoples were victims of these
acts and continue to be victims of their consequences;
14. We recognize that colonialism has led to racism, racial discrimination,
xenophobia and related intolerance, and that Africans and people
of African descent, and people of Asian descent and indigenous
peoples were victims of colonialism and continue to be victims
of its consequences. We acknowledge the suffering caused by colonialism
and affirm that, wherever and whenever it occurred, it must be
condemned and its reoccurrence prevented. We further regret that
the effects and persistence of these structures and practices
have been among the factors contributing to lasting social and
economic inequalities in many parts of the world today;
15. We recognize that apartheid and genocide in terms of international
law constitute crimes against humanity and are major sources and
manifestations of racism, racial discrimination, xenophobia and
related intolerance, and acknowledge the untold evil and suffering
caused by these acts and affirm that wherever and whenever they
occurred, they must be condemned and their recurrence prevented;
16. We recognize that xenophobia against non-nationals, particularly
migrants, refugees and asylum-seekers, constitutes one of the
main sources of contemporary racism and that human rights violations
against members of such groups occur widely in the context of
discriminatory, xenophobic and racist practices;
17. We note the importance of paying special attention to new
manifestations of racism, racial discrimination, xenophobia and
related intolerance to which youth and other vulnerable groups
might be exposed;
18. We emphasize that poverty, underdevelopment, marginalization,
social exclusion and economic disparities are closely associated
with racism, racial discrimination, xenophobia and related intolerance,
and contribute to the persistence of racist attitudes and practices
which in turn generate more poverty;
19. We recognize the negative economic, social and cultural consequences
of racism, racial discrimination, xenophobia and related intolerance,
which have contributed significantly to the underdevelopment of
developing countries and, in particular, of Africa and resolve
to free every man, woman and child from the abject and dehumanizing
conditions of extreme poverty to which more than one billion of
them are currently subjected, to make the right to development
a reality for everyone and to free the entire human race from
want;
20. We recognize that racism, racial discrimination, xenophobia
and related intolerance are among the root causes of armed conflict
and very often one of its consequences and recall that non-discrimination
is a fundamental principle of international humanitarian law.
We underscore the need for all parties to armed conflicts to abide
scrupulously by this principle and for States and the international
community to remain especially vigilant during periods of armed
conflict and continue to combat all forms of racial discrimination;
21. We express our deep concern that socio-economic development
is being hampered by widespread internal conflicts which are due,
among other causes, to gross violations of human rights, including
those arising from racism, racial discrimination, xenophobia and
related intolerance, and from lack of democratic, inclusive and
participatory governance;
22. We express our concern that in some States political and
legal structures or institutions, some of which were inherited
and persist today, do not correspond to the multi-ethnic, pluricultural
and plurilingual characteristics of the population and, in many
cases, constitute an important factor of discrimination in the
exclusion of indigenous peoples;
23. We fully recognize the rights of indigenous peoples consistent
with the principles of sovereignty and territorial integrity of
States, and therefore stress the need to adopt the appropriate
constitutional, administrative, legislative and judicial measures,
including those derived from applicable international instruments;
24. We declare that the use of the term ¡§indigenous
peoples¡¨ in the Declaration and Programme of Action
of the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance is in the context of, and without
prejudice to the outcome of, ongoing international negotiations
on texts that specifically deal with this issue, and cannot be
construed as having any implications as to rights under international
law;
25. We express our profound repudiation of the racism, racial
discrimination, xenophobia and related intolerance that persist
in some States in the functioning of the penal systems and in
the application of the law, as well as in the actions and attitudes
of institutions and individuals responsible for law enforcement,
especially where this has contributed to certain groups being
over-represented among persons under detention or imprisoned;
26. We affirm the need to put an end to impunity for violations
of the human rights and fundamental freedoms of individuals and
groups of individuals who are victimized by racism, racial discrimination,
xenophobia and related intolerance;
27. We express our concern that, beyond the fact that racism
is gaining ground, contemporary forms and manifestations of racism
and xenophobia are striving to regain political, moral and even
legal recognition in many ways, including through the platforms
of some political parties and organizations and the dissemination
through modern communication technologies of ideas based on the
notion of racial superiority;
28. We recall that persecution against any identifiable group,
collectivity or community on racial, national, ethnic or other
grounds that are universally recognized as impermissible under
international law, as well as the crime of apartheid, constitute
serious violations of human rights and, in some cases, qualify
as crimes against humanity;
29. We strongly condemn the fact that slavery and slavery-like
practices still exist today in parts of the world and urge States
to take immediate measures as a matter of priority to end such
practices, which constitute flagrant violations of human rights;
30. We affirm the urgent need to prevent, combat and eliminate
all forms of trafficking in persons, in particular women and children,
and recognize that victims of trafficking are particularly exposed
to racism, racial discrimination, xenophobia and related intolerance;
Victims of racism, racial discrimination, xenophobia and related
intolerance
31. We also express our deep concern whenever indicators in the
fields of, inter alia, education, employment, health, housing,
infant mortality and life expectancy for many peoples show a situation
of disadvantage, particularly where the contributing factors include
racism, racial discrimination, xenophobia and related intolerance;
32. We recognize the value and diversity of the cultural heritage
of Africans and people of African descent and affirm the importance
and necessity of ensuring their full integration into social,
economic and political life with a view to facilitating their
full participation at all levels in the decision-making process;
33. We consider it essential for all countries in the region
of the Americas and all other areas of the African Diaspora to
recognize the existence of their population of African descent
and the cultural, economic, political and scientific contributions
made by that population, and recognize the persistence of racism,
racial discrimination, xenophobia and related intolerance that
specifically affect them, and recognize that, in many countries,
their long-standing inequality in terms of access to, inter alia,
education, health care and housing has been a profound cause of
the socio-economic disparities that affect them;
34. We recognize that people of African descent have for centuries
been victims of racism, racial discrimination and enslavement
and of the denial by history of many of their rights, and assert
that they should be treated with fairness and respect for their
dignity and should not suffer discrimination of any kind. Recognition
should therefore be given to their rights to culture and their
own identity; to participate freely and in equal conditions in
political, social, economic and cultural life; to development
in the context of their own aspirations and customs; to keep,
maintain and foster their own forms of organization, their mode
of life, culture, traditions and religious expressions; to maintain
and use their own languages; to the protection of their traditional
knowledge and their cultural and artistic heritage; to the use,
enjoyment and conservation of the natural renewable resources
of their habitat and to active participation in the design, implementation
and development of educational systems and programmes, including
those of a specific and characteristic nature; and where applicable
to their ancestrally inhabited land;
35. We recognize that in many parts of the world, Africans and
people of African descent face barriers as a result of social
biases and discrimination prevailing in public and private institutions
and express our commitment to work towards the eradication of
all forms of racism, racial discrimination, xenophobia and related
intolerance faced by Africans and people of African descent;
36. We recognize that in many parts of the world, Asians and
people of Asian descent face barriers as a result of social biases
and discrimination prevailing in public and private
institutions and express our commitment to work towards the eradication
of all forms of racism, racial discrimination, xenophobia and
related intolerance faced by Asians and people of Asian descent;
37. We note with appreciation that despite the racism, racial
discrimination, xenophobia and related intolerance faced by them
for centuries, people of Asian descent have contributed and continue
to contribute significantly to the economic, social, political,
scientific and cultural life of the countries where they live;
38. We call upon all States to review and, where necessary, revise
any immigration policies which are inconsistent with international
human rights instruments, with a view to eliminating all discriminatory
policies and practices against migrants, including Asians and
people of Asian descent;
39. We recognize that the indigenous peoples have been victims
of discrimination for centuries and affirm that they are free
and equal in dignity and rights and should not suffer any discrimination,
particularly on the basis of their indigenous origin and identity,
and we stress the continuing need for action to overcome the persistent
racism, racial discrimination, xenophobia and related intolerance
that affect them;
40. We recognize the value and diversity of the cultures and
the heritage of indigenous peoples, whose singular contribution
to the development and cultural pluralism of society and full
participation in all aspects of society, in particular on issues
that are of concern to them, are fundamental for political and
social stability, and for the development of the States in which
they live;
41. We reiterate our conviction that the full realization by
indigenous peoples of their human rights and fundamental freedoms
is indispensable for eliminating racism, racial discrimination,
xenophobia and related intolerance. We firmly reiterate our determination
to promote their full and equal enjoyment of civil, political,
economic, social and cultural rights, as well as the benefits
of sustainable development, while fully respecting their distinctive
characteristics and their own initiatives;
42. We emphasize that, in order for indigenous peoples freely
to express their own identity and exercise their rights, they
should be free from all forms of discrimination, which necessarily
entails respect for their human rights and fundamental freedoms.
Efforts are now being made to secure universal recognition for
those rights in the negotiations on the draft declaration on the
rights of indigenous peoples, including the following: to call
themselves by their own names; to participate freely and on an
equal footing in their country¡¦s political, economic,
social and cultural development; to maintain their own forms of
organization, lifestyles, cultures and traditions; to maintain
and use their own languages; to maintain their own economic structures
in the areas where they live; to take part in the development
of their educational systems and programmes; to manage their lands
and natural resources, including hunting and fishing rights; and
to have access to justice on a basis of equality;
43. We also recognize the special relationship that indigenous
peoples have with the land as the basis for their spiritual, physical
and cultural existence and encourage States, wherever possible,
to ensure that indigenous peoples are able to retain ownership
of their lands and of those natural resources to which they are
entitled under domestic law;
44. We welcome the decision to create the Permanent Forum on
Indigenous Issues within the United Nations system, giving concrete
expression to major objectives of the International Decade of
the World¡¦s Indigenous People and the Vienna Declaration
and Programme of Action;
45. We welcome the appointment by the United Nations of the Special
Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people and express our commitment to cooperate with
the Special Rapporteur;
46. We recognize the positive economic, social and cultural contributions
made by migrants to both countries of origin and destination;
47. We reaffirm the sovereign right of each State to formulate
and apply its own legal framework and policies for migration,
and further affirm that these policies should be consistent with
applicable human rights instruments, norms and standards, and
designed to ensure that they are free of racism, racial discrimination,
xenophobia and related intolerance;
48. We note with concern and strongly condemn the manifestations
and acts of racism, racial discrimination, xenophobia and related
intolerance against migrants and the stereotypes often applied
to them; reaffirm the responsibility of States to protect the
human rights of migrants under their jurisdiction and reaffirm
the responsibility of States to safeguard and protect migrants
against illegal or violent acts, in particular acts of racial
discrimination and crimes perpetrated with racist or xenophobic
motivation by individuals or groups« and stress the
need for their fair, just and equitable treatment in society and
in the workplace;
49. We highlight the importance of creating conditions conducive
to greater harmony, tolerance and respect between migrants and
the rest of society in the countries in which they find themselves,
in order to eliminate manifestations of racism and xenophobia
against migrants. We underline that family reunification has a
positive effect on integration and emphasize the need for States
to facilitate family reunion;
50. We are mindful of the situation of vulnerability in which
migrants frequently find themselves, owing, inter alia, to their
departure from their countries of origin and to the difficulties
they encounter because of differences in language, customs and
culture, as well as economic and social difficulties and obstacles
to the return of migrants who are undocumented or in an irregular
situation;
51. We reaffirm the necessity of eliminating racial discrimination
against migrants, including migrant workers, in relation to issues
such as employment, social services, including education and health,
as well as access to justice, and that their treatment must be
in accordance with international human rights instruments, free
from racism, racial discrimination, xenophobia and related intolerance;
52. We note with concern that, among other factors, racism, racial
discrimination, xenophobia and related intolerance contribute
to forced displacement and the movement of people from their countries
of origin as refugees and asylum-seekers;
53. We recognize with concern that, despite efforts to combat
racism, racial discrimination, xenophobia and related intolerance,
instances of various forms of racism, racial discrimination, xenophobia
and related intolerance against refugees, asylum-seekers and internally
displaced persons, among others, continue;
54. We underline the urgency of addressing the root causes of
displacement and of finding durable solutions for refugees and
displaced persons, in particular voluntary return in safety and
dignity to the countries of origin, as well as resettlement in
third countries and local integration, when and where appropriate
and feasible;
55. We affirm our commitment to respect and implement humanitarian
obligations relating to the protection of refugees, asylum-seekers,
returnees and internally displaced persons, and note in this regard
the importance of international solidarity, burden-sharing and
international cooperation to share responsibility for the protection
of refugees, reaffirming that the 1951 Convention relating to
the Status of Refugees and its 1967 Protocol remain the foundation
of the international refugee regime and recognizing the importance
of their full application by States parties;
56. We recognize the presence in many countries of a Mestizo
population of mixed ethnic and racial origins and its valuable
contribution to the promotion of tolerance and respect in these
societies, and we condemn discrimination against them, especially
because such discrimination may be denied owing to its subtle
nature;
57. We are conscious of the fact that the history of humanity
is replete with major atrocities as a result of gross violations
of human rights and believe that lessons can be learned through
remembering history to avert future tragedies;
58. We recall that the Holocaust must never be forgotten;
59. We recognize with deep concern religious intolerance against
certain religious communities, as well as the emergence of hostile
acts and violence against such communities because of their religious
beliefs and their racial or ethnic origin in various parts of
the world which in particular limit their right to freely practise
their belief;
60. We also recognize with deep concern the existence in various
parts of the world of religious intolerance against religious
communities and their members, in particular limitation of their
right to practise their beliefs freely, as well as the emergence
of increased negative stereotyping, hostile acts and violence
against such communities because of their religious beliefs and
their ethnic or so-called racial origin;
61. We recognize with deep concern the increase in anti-Semitism
and Islamophobia in various parts of the world, as well as the
emergence of racial and violent movements based on racism and
discriminatory ideas against Jewish, Muslim and Arab communities;
62. We are conscious that humanity¡¦s history is
replete with terrible wrongs inflicted through lack of respect
for the equality of human beings and note with alarm the increase
of such practices in various parts of the world, and we urge people,
particularly in conflict situations, to desist from racist incitement,
derogatory language and negative stereotyping;
63. We are concerned about the plight of the Palestinian people
under foreign occupation. We recognize the inalienable right of
the Palestinian people to self-determination and to the establishment
of an independent State and we recognize the right to security
for all States in the region, including Israel, and call upon
all States to support the peace process and bring it to an early
conclusion;
64. We call for a just, comprehensive and lasting peace in the
region in which all peoples shall co-exist and enjoy equality,
justice and internationally recognized human rights, and security;
65. We recognize the right of refugees to return voluntarily
to their homes and properties in dignity and safety, and urge
all States to facilitate such return;
66. We affirm that the ethnic, cultural, linguistic and religious
identity of minorities, where they exist, must be protected and
that persons belonging to such minorities should be treated equally
and enjoy their human rights and fundamental freedoms without
discrimination of any kind;
67. We recognize that members of certain groups with a distinct
cultural identity face barriers arising from a complex interplay
of ethnic, religious and other factors, as well as their traditions
and customs, and call upon States to ensure that measures, policies
and programmes aimed at eradicating racism, racial discrimination,
xenophobia and related intolerance address the barriers that this
interplay of factors creates;
68. We recognize with deep concern the ongoing manifestations
of racism, racial discrimination, xenophobia and related intolerance,
including violence, against Roma/Gypsies/Sinti/Travellers and
recognize the need to develop effective policies and implementation
mechanisms for their full achievement of equality;
69. We are convinced that racism, racial discrimination, xenophobia
and related intolerance reveal themselves in a differentiated
manner for women and girls, and can be among the factors leading
to a deterioration in their living conditions, poverty, violence,
multiple forms of discrimination, and the limitation or denial
of their human rights. We recognize the need to integrate a gender
perspective into relevant policies, strategies and programmes
of action against racism, racial discrimination, xenophobia and
related intolerance in order to address multiple forms of discrimination;
70. We recognize the need to develop a more systematic and consistent
approach to evaluating and monitoring racial discrimination against
women, as well as the disadvantages, obstacles and difficulties
women face in the full exercise and enjoyment of their civil,
political, economic, social and cultural rights because of racism,
racial discrimination, xenophobia and related intolerance;
71. We deplore attempts to oblige women belonging to certain faiths
and religious minorities to forego their cultural and religious
identity, or to restrict their legitimate expression, or to discriminate
against them with regard to opportunities for education and employment;
72. We note with concern the large number of children and young
people, particularly girls, among the victims of racism, racial
discrimination, xenophobia and related intolerance and stress
the need to incorporate special measures, in accordance with the
principle of the best interests of the child and respect for his
or her views, in programmes to combat racism, racial discrimination,
xenophobia and related intolerance, in order to give priority
attention to the rights and the situation of children and young
people who are victims of these practices;
73. We recognize that a child belonging to an ethnic, religious
or linguistic minority or who is indigenous shall not be denied
the right, individually or in community with other members of
his or her group, to enjoy his or her own culture, to profess
and practise his or her own religion, or to use his or her own
language;
74. We recognize that child labour is linked to poverty, lack
of development and related socio-economic conditions and could
in some cases perpetuate poverty and racial discrimination by
disproportionately denying children from affected groups the opportunity
to acquire the human capabilities needed in productive life and
to benefit from economic growth;
75. We note with deep concern the fact that, in many countries,
people infected or affected by HIV/AIDS, as well as those who
are presumed to be infected, belong to groups vulnerable to racism,
racial discrimination, xenophobia and related intolerance, which
has a negative impact and impedes their access to health care
and medication;
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
76. We recognize that inequitable political, economic, cultural
and social conditions can breed and foster racism, racial discrimination,
xenophobia and related intolerance, which in turn exacerbate the
inequity. We believe that genuine equality of opportunity for
all, in all spheres, including that for development, is fundamental
for the eradication of racism, racial discrimination, xenophobia
and related intolerance;
77. We affirm that universal adherence to and full implementation
of the International Convention on the Elimination of All Forms
of Racial Discrimination are of paramount importance for promoting
equality and non-discrimination in the world;
78. We affirm the solemn commitment of all States to promote
universal respect for, and observance and protection of, all human
rights, economic, social, cultural, civil and political, including
the right to development, as a fundamental factor in the prevention
and elimination of racism, racial discrimination, xenophobia and
related intolerance;
79. We firmly believe that the obstacles to overcoming racial
discrimination and achieving racial equality mainly lie in the
lack of political will, weak legislation and lack of implementation
strategies and concrete action by States, as well as the prevalence
of racist attitudes and negative stereotyping;
80. We firmly believe that education, development and the faithful
implementation of all international human rights norms and obligations,
including enactment of laws and political, social and economic
policies, are crucial to combat racism, racial discrimination,
xenophobia and related intolerance;
81. We recognize that democracy, transparent, responsible, accountable
and participatory governance responsive to the needs and aspirations
of the people, and respect for human rights, fundamental freedoms
and the rule of law are essential for the effective prevention
and elimination of racism, racial discrimination, xenophobia and
related intolerance. We reaffirm that any form of impunity for
crimes motivated by racist and xenophobic attitudes plays a role
in weakening the rule of law and democracy and tends to encourage
the recurrence of such acts;
82. We affirm that the Dialogue among Civilizations constitutes
a process to attain identification and promotion of common grounds
among civilizations, recognition and promotion of the inherent
dignity and of the equal rights of all human beings and respect
for fundamental principles of justice; in this way, it can dispel
notions of cultural superiority based on racism, racial discrimination,
xenophobia and related intolerance, and facilitate the building
of a reconciled world for the human family;
83. We underline the key role that political leaders and political
parties can and ought to play in combating racism, racial discrimination,
xenophobia and related intolerance and encourage political parties
to take concrete steps to promote solidarity, tolerance and respect;
84. We condemn the persistence and resurgence of neo-Nazism,
neo-Fascism and violent nationalist ideologies based on racial
or national prejudice, and state that these phenomena can never
be justified in any instance or in any circumstances;
85. We condemn political platforms and organizations based on
racism, xenophobia or doctrines of racial superiority and related
discrimination, as well as legislation and practices based on
racism, racial discrimination, xenophobia and related intolerance,
as incompatible with democracy and transparent and accountable
governance. We reaffirm that racism, racial discrimination, xenophobia
and related intolerance condoned by governmental policies violate
human rights and may endanger friendly relations among peoples,
cooperation among nations and international peace and security;
86. We recall that the dissemination of all ideas based upon
racial superiority or hatred shall be declared an offence punishable
by law with due regard to the principles embodied in the Universal
Declaration of Human Rights and the rights expressly set forth
in article 5 of the International Convention on the Elimination
of All Forms of Racial Discrimination;
87. We note that article 4, paragraph b, of the International
Convention on the Elimination of All Forms of Racial Discrimination
places an obligation upon States to be vigilant and to proceed
against organizations that disseminate ideas based on racial superiority
or hatred, acts of violence or incitement to such acts. These
organizations shall be condemned and discouraged;
88. We recognize that the media should represent the diversity
of a multicultural society and play a role in fighting racism,
racial discrimination, xenophobia and related intolerance. In
this regard we draw attention to the power of advertising;
89. We note with regret that certain media, by promoting false
images and negative stereotypes of vulnerable individuals or groups
of individuals, particularly of migrants and refugees, have contributed
to the spread of xenophobic and racist sentiments among the public
and in some cases have encouraged violence by racist individuals
and groups;
90. We recognize the positive contribution that the exercise
of the right to freedom of expression, particularly by the media
and new technologies, including the Internet, and full respect
for the freedom to seek, receive and impart information can make
to the fight against racism, racial discrimination, xenophobia
and related intolerance; we reiterate the need to respect the
editorial independence and autonomy of the media in this regard;
91. We express deep concern about the use of new information
technologies, such as the Internet, for purposes contrary to respect
for human values, equality, non-discrimination, respect for others
and tolerance, including to propagate racism, racial hatred, xenophobia,
racial discrimination and related intolerance, and that, in particular,
children and youth having access to this material could be negatively
influenced by it;
92. We also recognize the need to promote the use of new information
and communication technologies, including the Internet, to contribute
to the fight against racism, racial discrimination, xenophobia
and related intolerance; new technologies can assist the promotion
of tolerance and respect for human dignity, and the principles
of equality and non-discrimination;
93. We affirm that all States should recognize the importance
of community media that give a voice to victims of racism, racial
discrimination, xenophobia and related intolerance;
94. We reaffirm that the stigmatization of people of different
origins by acts or omissions of public authorities, institutions,
the media, political parties or national or local organizations
is not only an act of racial discrimination but can also incite
the recurrence of such acts, thereby resulting in the creation
of a vicious circle which reinforces racist attitudes and prejudices,
and which must be condemned;
95. We recognize that education at all levels and all ages, including
within the family, in particular human rights education, is a
key to changing attitudes and behaviour based on racism, racial
discrimination, xenophobia and related intolerance and to promoting
tolerance and respect for diversity in societies; we further affirm
that such education is a determining factor in
the promotion, dissemination and protection of the democratic
values of justice and equity, which are essential to prevent and
combat the spread of racism, racial discrimination, xenophobia
and related intolerance;
96. We recognize that quality education, the elimination of illiteracy
and access to free primary education for all can contribute to
more inclusive societies, equity, stable and harmonious relations
and friendship among nations, peoples, groups and individuals,
and a culture of peace, fostering mutual understanding, solidarity,
social justice and respect for all human rights for all;
97. We underline the links between the right to education and
the struggle against racism, racial discrimination, xenophobia
and related intolerance and the essential role of education, including
human rights education and education which is sensitive to and
respects cultural diversity, especially amongst children and young
people, in the prevention and eradication of all forms of intolerance
and discrimination;
Provision of effective remedies, recourse, redress, and compensatory
and other measures at the national, regional and international
levels
98. We emphasize the importance and necessity of teaching about
the facts and truth of the history of humankind from antiquity
to the recent past, as well as of teaching about the facts and
truth of the history, causes, nature and consequences of racism,
racial discrimination, xenophobia and related intolerance, with
a view to achieving a comprehensive and objective cognizance of
the tragedies of the past;
99. We acknowledge and profoundly regret the massive human suffering
and the tragic plight of millions of men, women and children caused
by slavery, the slave trade, the transatlantic slave trade, apartheid,
colonialism and genocide, and call upon States concerned to honour
the memory of the victims of past tragedies and affirm that, wherever
and whenever these occurred, they must be condemned and their
recurrence prevented. We regret that these practices and structures,
political, socio-economic and cultural, have led to racism, racial
discrimination, xenophobia and related intolerance;
100. We acknowledge and profoundly regret the untold suffering
and evils inflicted on millions of men, women and children as
a result of slavery, the slave trade, the transatlantic slave
trade, apartheid, genocide and past tragedies. We further note
that some States have taken the initiative to apologize and have
paid reparation, where appropriate, for grave and massive violations
committed;
101. With a view to closing those dark chapters in history and
as a means of reconciliation and healing, we invite the international
community and its members to honour the memory of the victims
of these tragedies. We further note that some have taken the initiative
of regretting or expressing remorse or presenting apologies, and
call on all those who have not yet contributed to restoring the
dignity of the victims to find appropriate ways to do so and,
to this end, appreciate those countries that have done so;
102. We are aware of the moral obligation on the part of all
concerned States and call upon these States to take appropriate
and effective measures to halt and reverse the lasting consequences
of those practices;
103. We recognize the consequences of past and contemporary forms
of racism, racial discrimination, xenophobia and related intolerance
as serious challenges to global peace and security, human dignity
and the realization of human rights and fundamental freedoms of
many people in the world, in particular Africans, people of African
descent, people of Asian descent and indigenous peoples;
104. We also strongly reaffirm as a pressing requirement of justice
that victims of human rights violations resulting from racism,
racial discrimination, xenophobia and related intolerance, especially
in the light of their vulnerable situation socially, culturally
and economically, should be assured of having access to justice,
including legal assistance where appropriate, and effective and
appropriate protection and remedies, including the right to seek
just and adequate reparation or satisfaction for any damage suffered
as a result of such discrimination, as enshrined in numerous international
and regional human rights instruments, in particular the Universal
Declaration of Human Rights and the International Convention on
the Elimination of All Forms of Racial Discrimination;
105. Guided by the principles set out in the Millennium Declaration
and the recognition that we have a collective responsibility to
uphold the principles of human dignity, equality and equity and
to ensure that globalization becomes a positive force for all
the world¡¦s people, the international community
commits itself to working for the beneficial integration of the
developing countries into the global economy, resisting their
marginalization, determined to achieve accelerated economic growth
and sustainable development and to eradicate poverty, inequality
and deprivation;
106. We emphasize that remembering the crimes or wrongs of the
past, wherever and whenever they occurred, unequivocally condemning
its racist tragedies and telling the truth about history are essential
elements for international reconciliation and the creation of
societies based on justice, equality and solidarity;
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
107. We underscore the need to design, promote and implement
at the national, regional and international levels strategies,
programmes and policies, and adequate legislation, which may include
special and positive measures, for furthering equal social development
and the realization of the civil and political, economic, social
and cultural rights of all victims of racism, racial discrimination,
xenophobia and related intolerance, including through more effective
access to the political, judicial and administrative institutions,
as well as the need to promote effective access to justice, as
well as to guarantee that the benefits of development, science
and technology contribute effectively to the improvement of the
quality of life for all, without discrimination;
108. We recognize the necessity for special measures or positive
actions for the victims of racism, racial discrimination, xenophobia
and related intolerance in order to promote their full integration
into society. Those measures for effective action, including social
measures, should aim at correcting the conditions that impair
the enjoyment of rights and the introduction of special measures
to encourage equal participation of all racial and cultural, linguistic
and religious groups in all sectors of society and to bring all
onto an equal footing. Those measures should include measures
to achieve appropriate representation in educational institutions,
housing, political parties, parliaments and employment, especially
in the judiciary, police, army and other civil services, which
in some cases might involve electoral reforms, land reforms and
campaigns for equal participation;
109. We recall the importance of enhancing international cooperation
to promote (a) the fight against racism, racial discrimination,
xenophobia and related intolerance; (b) the effective implementation
by States of international treaties and instruments that forbid
these practices; (c) the goals of the Charter of the United Nations
in this regard; (d) the achievement of the goals established by
the United Nations Conference on Environment and Development held
in Rio de Janeiro in 1992, the World Conference on Human Rights
held in Vienna in 1993, the International Conference on Population
and Development held in Cairo in 1994, the World Summit for Social
Development held in Copenhagen in 1995, the Fourth World Conference
on Women held in Beijing in 1995, the United Nations Conference
on Human Settlements (Habitat II) held in Istanbul in 1996; and
the World Food Summit held in Rome in 1996, making sure that such
goals encompass with equity all the victims of racism, racial
discrimination, xenophobia and related intolerance;
110. We recognize the importance of cooperation among States,
relevant international and regional organizations, the international
financial institutions, non-governmental organizations and individuals
in the worldwide fight against racism, racial discrimination,
xenophobia and related intolerance, and that success in this fight
requires specifically taking into consideration the grievances,
opinions and demands of the victims of such discrimination;
111. We reiterate that the international response and policy,
including financial assistance, towards refugees and displaced
persons in different parts of the world should not be based on
discrimination on the grounds of race, colour, descent, or national
or ethnic origin of the refugees and displaced persons concerned
and, in this context, we urge the international community to provide
adequate assistance on an equitable basis to host countries, in
particular to host developing countries and countries in transition;
112. We recognize the importance of independent national human
rights institutions conforming to 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 other relevant specialized institutions
created by law for the promotion and protection of human rights,
including ombudsman institutions, in the struggle against racism,
racial discrimination, xenophobia and related intolerance, as
well as for the promotion of democratic values and the rule of
law. We encourage States, as appropriate, to establish such institutions
and call upon the authorities and society in general in those
countries where they are performing their tasks of promotion,
protection and prevention to cooperate to the maximum extent possible
with these institutions, while respecting their independence;
113. We recognize the important role relevant regional bodies,
including regional associations of national human rights institutions,
can play in combating racism, racial discrimination, xenophobia
and related intolerance, and the key role they can play in monitoring
and raising awareness about intolerance and discrimination at
the regional level, and reaffirm support for such bodies where
they exist and encourage their establishment;
114. We recognize the paramount role of parliaments in the fight
against racism, racial discrimination, xenophobia and related
intolerance in adopting appropriate legislation, overseeing its
implementation and allocating the requisite financial resources;
115. We stress the importance of involving social partners and
other non-governmental organizations in the design and implementation
of training and development programmes;
116. We recognize the fundamental role of civil society in the
fight against racism, racial discrimination, xenophobia and related
intolerance, in particular in assisting States to develop regulations
and strategies, in taking measures and action against such forms
of discrimination and through follow-up implementation;
117. We also recognize that promoting greater respect and trust
among different groups within society must be a shared but differentiated
responsibility of government institutions, political leaders,
grass-roots organizations and citizens. We underline that civil
society plays an important role in promoting the public interest,
especially in combating racism, racial discrimination, xenophobia
and related intolerance;
118. We welcome the catalytic role that non-governmental organizations
play in promoting human rights education and raising awareness
about racism, racial discrimination, xenophobia and related intolerance.
They can also play an important role in raising awareness of such
issues in the relevant bodies of the United Nations, based upon
their national, regional or international experiences. Bearing
in mind the difficulties they face, we commit ourselves to creating
an atmosphere conducive to the effective functioning of human
rights non-governmental organizations, in particular anti-racist
non-governmental organizations, in combating racism, racial discrimination,
xenophobia and related intolerance. We recognize the precarious
situation of human rights non-governmental organizations, including
anti-racist non-governmental organizations, in many parts of the
world and express our commitment to adhere to our international
obligations and to lift any unlawful barriers to their effective
functioning;
119. We encourage the full participation of non-governmental
organizations in the follow-up to the World Conference;
120. We recognize that international and national exchange and
dialogue, and the development of a global network among youth,
are important and fundamental elements in building intercultural
understanding and respect, and will contribute to the elimination
of racism, racial discrimination, xenophobia and related intolerance;
121. We underline the usefulness of involving youth in the development
of forward-looking national, regional and international strategies
and in policies to fight racism, racial discrimination, xenophobia
and related intolerance;
122. We affirm that our global drive for the total elimination
of racism, racial discrimination, xenophobia and related intolerance
is undertaken, and that the recommendations contained in the Programme
of Action are made, in a spirit of solidarity and international
cooperation and are inspired by the purposes and principles of
the Charter of the United Nations and other relevant international
instruments. These recommendations are made with due consideration
for the past, the present and the future, and with a constructive
and forward-looking approach. We recognize that the formulation
and implementation of these strategies, policies, programmes and
actions, which should be carried out efficiently and promptly,
are the responsibility of all States, with the full involvement
of civil society at the national, regional and international levels.
Programme of Action
Recognizing the urgent need to translate the objectives of the
Declaration into a practical and workable Programme of Action,
the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance:
I. Sources, causes, forms and contemporary manifestations of
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 victims
of racism, racial discrimination, xenophobia and related intolerance
predominantly live;
2. Urges States to take all necessary and appropriate measures
to end enslavement and contemporary forms of slavery-like practices,
to initiate constructive dialogue among States and implement measures
with a view to correcting the problems and the damage resulting
therefrom;
II. Victims of racism, racial discrimination,
xenophobia and related intolerance
Victims: General
3. 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 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;
Africans and people of African descent
4. 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;
5. 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;
6. Calls upon the United Nations, international financial and
development institutions and other appropriate international mechanisms
to develop capacity-building programmes intended for Africans
and people of African descent in the Americas and around the world;
7. 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;
8. 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:
(a) To 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) To 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) To 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;
9. 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;
10. 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;
11. 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;
12. Calls upon States to take specific steps to ensure full and
effective access to the justice system for all individuals, particularly
those of African descent;
13. 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;
14. Urges States to recognize the particularly severe problems
of religious prejudice and intolerance that many people of African
descent experience and to implement policies and measures that
are designed to prevent and eliminate all such discrimination
on the basis of religion and belief, which, when combined with
certain other forms of discrimination, constitutes a form of multiple
discrimination;
Indigenous peoples
15. 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;
(b) To promote better knowledge of and respect for indigenous
cultures and heritage;
and welcomes measures already taken by States in these respects;
16. 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;
17. 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;
18. 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;
19. 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;
20. Calls upon concerned States to honour and respect their treaties
and agreements with indigenous peoples and to accord them due
recognition and observance;
21. Calls upon States to give full and appropriate consideration
to the recommendations produced by indigenous peoples in their
own forums on the World Conference;
22. 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 Programme
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;
23. 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;
Migrants
24. 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;
25. 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;
26. 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;
27. 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;
28. Calls upon States to facilitate family reunification in an
expeditious and effective manner which has a positive effect on
integration of migrants, with due regard for the desire of many
family members to have an independent status;
29. Urges States to take concrete measures that would eliminate
racism, racial discrimination, xenophobia and related intolerance
in the workplace against all workers, including migrants, 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;
30. 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;
(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;
(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;
(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;
(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;
(f) To consider the question of 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;
(g) To take all possible measures to promote the full enjoyment
by all migrants of all human rights, including those related to
fair wages and equal remuneration for work of equal value without
distinction of any kind, and to the right to security in the event
of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond their control, social
security, including social insurance, access to education, health
care, social services and respect for their cultural identity;
(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;
31. 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 their host countries,
and the findings should be included in reports to treaty bodies;
32. Urges States to recognize the same economic opportunities
and responsibilities to documented long-term migrants as to other
members of society;
33. Recommends that host countries of migrants consider the provision
of adequate social services, in particular in the areas of health,
education and adequate housing, as a matter of priority, in cooperation
with the United Nations agencies, the regional organizations and
international financial bodies; also requests that these agencies
provide an adequate response to requests for such services;
Refugees
34. 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;
35. Calls upon States to recognize the racism, racial discrimination,
xenophobia and related intolerance that refugees may face as they
endeavour to engage in the life of the societies of their host
countries and encourages States, in accordance with their international
obligations and commitments, to develop strategies to address
this discrimination and to facilitate the full enjoyment of the
human rights of refugees. States parties should ensure that all
measures relating to refugees must be in full accordance with
the 1951 Convention relating to the Status of Refugees and its
1967 Protocol;
36. 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;
Other victims
37. 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;
38. 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;
39. 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 the pre-school period and to recruit Roma/Gypsy/Sinti/Traveller
teachers and classroom assistants in order for such children and
youth to learn their mother tongue, are sensitive and responsive
to their needs;
40. 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;
41. Recommends that the intergovernmental organizations address,
as appropriate, in their projects of cooperation with and assistance
to various States, the situation of the Roma/Gypsies/Sinti/Travellers
and promote their economic, social and cultural advancement;
42. 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;
43. 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 media¡¦s
efforts in this regard;
44. Invites States to design policies aimed at combating racism,
racial discrimination, xenophobia and related intolerance that
are based on reliable statistical data recognizing the concerns
identified in consultation with the Roma/Gypsies/Sinti/Travellers
themselves reflecting as accurately as possible their status in
society. All such information shall be collected in accordance
with provisions on human rights and fundamental freedoms, such
as data protection regulations and privacy guarantees, and in
consultation with the persons concerned;
45. Encourages States to address the problems of racism, racial
discrimination, xenophobia and related intolerance against people
of Asian descent and urges States to take all necessary measures
to eliminate the barriers that such persons face in participating
in economic, social, cultural and political life;
46. Urges States to ensure within their jurisdiction that persons
belonging to 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;
47. Urges States to 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 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;
48. Urges States to recognize the effect that discrimination,
marginalization and social exclusion have had and continue to
have on many racial groups living in a numerically based minority
situation within a State, and to ensure that persons in such groups
can exercise, as individual members of such groups, fully and
effectively, all human rights and fundamental freedoms without
distinction and in full equality before the law, and to take,
where applicable, appropriate measures in respect of employment,
housing and education with a view to preventing racial discrimination;
49. Urges States to take, where applicable, appropriate measures
to prevent racial discrimination against persons belonging to
national or ethnic, religious and linguistic minorities in respect
of employment, health care, housing, social services and education,
and in this context forms of multiple discrimination should be
taken into account;
50. 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 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;
51. 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 and 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;
52. 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 of all economic and social
policies and programmes, especially poverty eradication measures,
including those designed and implemented to benefit those individuals
or groups of individuals who are victims of racism, racial discrimination,
xenophobia and related intolerance;
53. Urges States and encourages all sectors of society to empower
women and girls who are 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;
54. Urges States:
(a) To recognize that sexual violence which has been systematically
used as a weapon of war, sometimes with the acquiescence or at
the instigation of the State, is a serious violation of international
humanitarian law that, in defined circumstances, constitutes a
crime against humanity and/or a war crime, and that the intersection
of discrimination on grounds of race and gender makes women and
girls particularly vulnerable to this type of violence, which
is often related to racism, racial discrimination, xenophobia
and related intolerance;
(b) To end impunity and prosecute those responsible for crimes
against humanity and war crimes, including crimes related to sexual
and other gender-based violence against women and girls, as well
as to ensure that persons in authority who are responsible for
such crimes, including by committing, ordering, soliciting, inducing,
aiding in, abetting, assisting or in any other way contributing
to their commission or attempted commission, are identified, investigated,
prosecuted and punished;
55. 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;
56. 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.
States shall grant women equal rights with men with respect to
nationality;
57. 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;
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
58. Urges States to adopt and implement, at both the national
and international levels, effective measures and policies, in
addition to existing anti-discrimination national legislati |