* This text has been put together by the secretariat
on the basis of its notes. It is now being submitted to the principal officers
of the Conference for their review and will subsequently go through the process
of formal editing.
I. SOURCES,
CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF RACISM, RACIAL DISCRIMINATION,
XENOPHOBIA AND RELATED INTOLERANCE
Recognizing the urgent need to translate the objectives of the Declaration into a practical and workable Programme of Action, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance:
1.
Urges States in their national efforts,
and in cooperation with other States, regional and international organizations
and financial institutions, to promote the use of public and private investment
in consultation with the affected communities in order to eradicate poverty,
particularly in those areas in which 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 problem and the damage resulting from them;
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;
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, to:
(a) Assign particular priority, and allocate sufficient funding, within their areas of competence and budgets, to improving the situation of Africans and people of African descent, while devoting special attention to the needs of these populations in developing countries, inter alia through the preparation of specific programmes of action;
(b) Carry out special projects, through appropriate channels and in collaboration with Africans and people of African descent, to support their initiatives at the community level and to facilitate the exchange of information and technical know‑how between these populations and experts in these areas;
(c) Develop programmes intended for people of African descent allocating additional investments to health systems, education, housing, electricity, drinking water and environmental control measures and promoting equal opportunities in employment, as well as other affirmative or positive action initiatives;
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;
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 Plan of Action;
(b) To promote in concert with indigenous organizations, local authorities and non‑governmental organizations, actions aimed at overcoming racism, racial discrimination, xenophobia and related intolerance against indigenous peoples and to make regular assessments of the progress achieved in this regard;
(c) To promote understanding among society at large of the importance of special measures to overcome disadvantages faced by indigenous peoples;
(d) To consult indigenous representatives in the process of decision‑making concerning policies and measures that directly affect them;
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;
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, with a view to promoting, the recognition of the educational, professional and technical credentials of migrants, with a view to maximizing their contribution to their new States of residence;
(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 with the right to security in the event of unemployment, sickness, disability, widow-hood, old age or other lack of livelihood in circumstances beyond his 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 destination/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 for 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 organisations 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
to develop strategies to address this discrimination and to facilitate the
full enjoyment of the human rights of refugees, in accordance with their international
obligations and commitments. State
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;
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 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 Government efforts 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 consultations
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.
States should guarantee the rights of persons belonging to national or ethnic,
religious and linguistic minorities, individually or in community with other
members of their group, to enjoy their own culture, to profess and practise
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 prevent 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, 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/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 on
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 which, 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 the 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;
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 legislation and relevant international instruments and mechanisms,
which encourage all citizens and institutions to take a stand against racism,
racial discrimination, xenophobia and related intolerance, and to recognize,
respect and maximize the benefits of diversity within and among all nations
in working together to build a harmonious and productive future by putting
into practice and promoting values and principles such as justice, equality
and non‑discrimination, democracy, fairness and friendship, tolerance
and respect within and between communities and nations, in particular through
public information and education programmes to raise awareness and understanding
of the benefits of cultural diversity, including programmes where the public
authorities work in partnership with international and non‑governmental
organizations and other sectors of civil society;
59.
Urges States to mainstream a gender perspective in the design and development
of measures of prevention, education and protection aimed at the eradication
of racism, racial discrimination, xenophobia and related intolerance at all
levels, to ensure that they effectively target the distinct situations of
women and men.
60.
Urges States to adopt or strengthen, as appropriate, national programmes
for eradicating poverty and reducing social exclusion which take account of
the needs and experiences of groups or individuals who are victims of racism,
racial discrimination, xenophobia and related intolerance, and also urges
that they expand their efforts to foster bilateral, regional and international
cooperation in implementing those programmes;
61.
Urges States to work to ensure that their political and legal systems
reflect the multicultural diversity within their societies and where necessary
to improve democratic institutions so that they are more fully participatory
and avoid marginalization, exclusion and discrimination against specific sectors
of society;
62.
Urges States to take all necessary measures to address specifically,
through policies and programmes, racism and racially motivated violence against
women and girls and to increase cooperation, policy responses and effective
implementation of national legislation and of their obligations under relevant
international instruments, and other protective and preventive measures aimed
at the elimination of all forms of racially motivated discrimination and violence
against women and girls;
63.
Encourages the business sector, in particular the tourist industry
and Internet providers, to develop codes of conduct, with a view to preventing
trafficking in persons and protecting the victims of such traffic, especially
those in prostitution, against gender-based and racial discrimination and
promoting their rights, dignity and security;
64.
Urges States to devise, enforce and strengthen effective measures at
the national, regional and international levels to prevent, combat and eliminate
all forms of trafficking in women and children, in particular girls, through
comprehensive anti‑trafficking strategies which include legislative
measures, prevention campaigns and information exchange.
It also urges States to allocate resources, as appropriate, to provide
comprehensive programmes designed to provide assistance to, protection for,
healing, reintegration into society and rehabilitation of victims. States shall provide or strengthen training for
law enforcement, immigration and other relevant officials who deal with victims
of trafficking in this regard;
65.
Encourages the bodies, agencies and relevant programmes of the United
Nations system and States to promote and to make use of the “Guiding Principles
on Internal Displacement” (E/CN.4/1998/53/Add.2), particularly those provisions
relating to non-discrimination,
A. National level
1. Legislative, judicial, regulatory, administrative and other measures to prevent and protect against racism, racial discrimination, xenophobia and related intolerance
66.
Urges States to establish and implement without delay national policies
and action plans to combat racism, racial discrimination, xenophobia, and
related intolerance, including their gender‑based manifestations;
67.
Urges States to design or reinforce, promote and implement effective
legislative and administrative policies, as well as other preventive measures,
against the serious situation experienced by certain groups of workers, including
migrant workers, who are victims of racism, racial discrimination, xenophobia
and related intolerance. Special attention should be given to protecting people engaged
in domestic work and trafficked persons, from discrimination and violence,
as well as to combating prejudice against them;
68.
Urges States to adopt and implement, or strengthen, national legislation
and administrative measures that expressly and specifically counter racism
and prohibit racial discrimination, xenophobia and related intolerance whether
direct or indirect, in all spheres of public life in accordance with their
obligations under the International Convention on the Elimination of All Forms
of Racial Discrimination ensuring that their reservations are not contrary
to the object and purpose of the Convention;
69. Urges States to enact
and implement, as appropriate, laws against trafficking in persons, especially
women and children and smuggling of migrants, taking into account, practices
that endanger human lives or lead to various kinds of servitude and exploitation,
such as debt bondage, slavery, sexual exploitation or labour exploitation;
also encourages States to create, if they do not already exist, mechanisms
to combat such practices and to allocate adequate resources to ensure law
enforcement, the protection of the rights of victims, and to reinforce bilateral,
regional and international cooperation, including with non‑governmental
organizations that assist victims, to combat this trafficking in persons and
smuggling of migrants;
70.
Urges States to take all necessary constitutional, legislative and
administrative measures to foster equality among individuals and groups who
are affected by, vulnerable to, or victims of racism, racial discrimination,
xenophobia and related intolerance, and to review existing measures with a
view to amending or repealing national legislation and administrative provisions
that may give rise to such forms of discrimination;
71.
Urges States, including their law enforcement agencies, to design and
fully implement effective policies and programmes to prevent, detect and ensure
accountability for misconduct by police officers and other law enforcement
personnel which is motivated by racism, racial discrimination, xenophobia
and related intolerance and to prosecute perpetrators of such misconduct;
72. Urges States to design, implement and enforce effective measures to eliminate the phenomenon popularly known as “racial profiling” and comprising the practice of police and other law enforcement officers relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity.
73.
Urges States to take measures to prevent genetic research or its applications
from being used to promote racism, racial discrimination, xenophobia and related
intolerance, to protect the privacy of personal genetic information and to
prevent such information from being used for discriminatory or racist purposes;
74.
Urges States and invites non-governmental organizations and the private
sector:
(a) To create and implement policies that promote a high-quality and diverse police force free from racism, racial discrimination, xenophobia and related intolerance, and recruit actively all groups, including minorities, into public employment, including the police force and other agencies within the criminal justice system (such as prosecutors);
(b) To work to reduce violence, including violence
motivated by racism, racial discrimination, xenophobia and related intolerance,
by:
i) Developing educational materials to teach young people the importance of tolerance and respect;
ii)
Addressing bias before it manifests
itself in violent criminal activity;
iii) Establishing working groups consisting of, among others, local community leaders and national and local law enforcement officials, to improve coordination, community involvement, training, education and data collection, with the aim of preventing such violent criminal activity;
iv)
Ensuring that civil rights laws that prohibit violent criminal
activity are strongly enforced;
v)
Enhancing data collection regarding
violence motivated by racism, racial discrimination, xenophobia and related
intolerance;
vi)
Providing appropriate assistance
to victims, and public education to prevent future incidents of violence motivated
by racism, racial discrimination, xenophobia and related intolerance
75.
Urges States that have not yet done so to
consider ratifying or acceding to the international human rights instruments
which combat racism, racial discrimination, xenophobia and related intolerance,
in particular to accede to the International Convention on the Elimination
of All Forms of Racial Discrimination as a matter of urgency, with a view
to universal ratification by the year 2005, and to consider making the declaration
envisaged under article 14, to comply with their reporting obligations, and
to publish and act upon the concluding observations of the Committee on the
Elimination of Racial Discrimination. It
also urges States to withdraw reservations contrary to the object and purpose
of that Convention and to consider withdrawing other reservations;
76.
Urges States to give due consideration to
the observations and recommendations of the Committee on the Elimination of
Racial Discrimination. To that effect,
States should consider setting up appropriate national monitoring and evaluation
mechanisms to ensure that all appropriate steps are taken to follow up on
these observations and recommendations;
77.
Urges States that have not yet done so to
consider becoming parties to the International Covenant on Economic, Social
and Cultural Rights and the International Covenant on Civil and Political
Rights as well as to consider acceding to the Optional Protocols to the International
Covenant on Civil and Political Rights.
78.
Urges those States that have not yet done
so to consider signing and ratifying or acceding to the following instruments:
(a) Convention on the Prevention and Punishment of the Crime of Genocide, 1948;
(b) International Labour Organization Migration for
Employment Convention (Revised), 1949 (No. 97);
(c) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949;
(d) Convention relating to the Status of Refugees of 1951, and its 1967 Protocol;
(e) International Labour Organization Discrimination Convention (Employment and Occupation), 1958 (No. 111);
(f) Convention against Discrimination in Education, adopted on 14 December 1960 by the General Conference of the United Nations Educational, Scientific and Cultural Organization;
(g) Convention on the Elimination of All Forms of Discrimination against Women 1979, with a view to achieving universal ratification within five years, and its Optional Protocol of 1999;
(h) Convention on the Rights of the Child of 1989
and its two Optional Protocols of 2000, and the International Labour
Organization Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child
Labour Convention, 1999 (No. 182);
(i) International Labour Organization Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143);
(j) International Labour Organization Indigenous and
Tribal Peoples Convention, 1989 (No. 169) and the Convention on Biological
Diversity, 1992;
(k)
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, 1990;
(l) The Rome Statute of the International Criminal
Court, 1998;
(m) United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention and the Protocol against the smuggling of Migrants by Land, Sea and Air, supplementing the Convention, 2000;
It further urges States Parties to these instruments to implement them fully;
79.
Calls upon States to promote and protect
the exercise of the rights set out in the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief,
proclaimed by the General Assembly in its resolution 36/55, of 25 November
1981, in order to obviate religious discrimination which,
when combined with certain other forms of discrimination, constitutes a form
of multiple discrimination;
80.
Urges States to seek full respect for, and compliance with, the Vienna
Convention on Consular Relations of 1963, especially as it relates to the
right of foreign nationals, regardless of their legal and immigration status,
to communicate with a consular officer of their own State in the case of arrest
or detention;
81. Urges all States to prohibit discriminatory treatment against foreigners and migrant workers, inter alia, where appropriate, concerning the granting of work visas and work permits housing, health care and access to justice, based on race, colour, descent or national or ethnic origin;
82.
Underlines the importance of combating impunity, including for crimes
with a racist or xenophobic motivation, also at the international level noting
that impunity for violations of human rights and international humanitarian
law is a serious obstacle to a fair and equitable justice system and, ultimately,
reconciliation and stability; it also fully supports the work of the existing
international criminal tribunals and the ratification of the Statute of the
International Criminal Court; urges all States to cooperate with these international
criminal tribunals;
83.
Urges States to make every effort to fully apply the relevant provisions
of the Declaration on Fundamental Principles and Rights at Work of 1998 of
the ILO, in order to combat racism, racial discrimination, xenophobia and
related intolerance.
Prosecution of perpetrators
of racist acts
84.
Urges States to adopt effective measures
to combat criminal acts motivated by racism, racial discrimination, xenophobia
and related intolerance, to take measures so that such motivations be considered
an aggravating factor for the purposes of sentencing, to prevent these crimes
from going unpunished and to ensure the rule of law;
85. Urges States to undertake investigations to examine possible links between criminal prosecution, police violence and penal sanctions, on the one hand, and racism, racial discrimination, xenophobia and related intolerance, on the other, so as to have evidence for taking the necessary steps for the eradication of any such links and discriminatory practices;
86.
Calls upon States to promote
measures to deter the emergence and to counter
neo‑fascist, violent nationalist ideologies which promote racial
hatred and racial discrimination, as well as racist and xenophobic sentiments,
including measures to combat the negative influence of such ideologies especially
on young people through formal and non-formal education, media and sport;
87.
Urges States parties to adopt legislation implementing the obligations they have assumed to
prosecute and punish persons who have committed or ordered to be committed
grave breaches of the Geneva Conventions of 12 August 1949 and Additional
Protocol I thereto and of other serious violations of the laws and customs
of war, in particular in relation to the principle of non‑discrimination;
88.
Calls upon
States to criminalize all forms of
trafficking in persons, in particular women and children and to condemn and
penalize traffickers and intermediaries, while ensuring protection and assistance
to the victims of trafficking with full respect for their human rights;
89.
Urges States to carry out comprehensive,
exhaustive, timely and impartial investigations of all unlawful acts of racism
and racial discrimination, to prosecute criminal offences ex officio,
as appropriate, or initiate or facilitate all appropriate actions arising
from offences of a racist or xenophobic nature, to ensure that criminal and
civil investigations, and prosecutions of offences of a racist or xenophobic
nature are given high priority and are actively and consistently undertaken,
and ensure the right to equal treatment before the tribunals and all other
organs administering justice. In this
regard, the World Conference underlines the importance of fostering awareness
and providing training to the various agents in the criminal justice system
to ensure fair and impartial application of the law. In this respect, it recommends that anti‑discrimination monitoring
services be established;
90.
Urges States, as appropriate, to establish,
strengthen, review and reinforce the effectiveness of independent national
human rights institutions, particularly on issues of racism, racial discrimination,
xenophobia and related intolerance, in conformity with the Principles relating
to the status of national institutions for the promotion and protection of
human rights, annexed to General Assembly resolution 48/134 of 20 December
1993, and to provide them with adequate financial resources, competence and
capacity for investigation, research, education and public awareness activities
to combat these phenomena;
91.
Also urges
States:
(a) To foster cooperation between these institutions
and other national institutions;
(b) To take steps to ensure that those groups or individuals who are victims of racism, racial discrimination, xenophobia and related intolerance can participate fully in these institutions;
(c) To support these institutions and similar bodies, inter alia through the publication and circulation of existing national laws and jurisprudence, and cooperation with institutions in other countries so that knowledge can be gained of the manifestations, functions and mechanisms of these practices and the strategies designed to prevent, combat and eradicate them;
2. Policies and practices
92. Urges States to collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels and undertake all other related measures which are necessary to assess regularly the situation of individuals and groups who are victims of racism, racial discrimination, xenophobia and related intolerance .
(a) Such statistical data should be disaggregated in accordance with national legislation. Any such information shall, as appropriate, be collected with their explicit consent of the victims, based on their self-identification and in accordance with provisions on human rights and fundamental freedoms, such as data protection regulations and privacy guarantees. This information must not be misused.
(b) The statistical data and information should be collected with the objective of monitoring the situation of marginalised groups as well as the development and evaluation of legislation, policies, practices and other measures aimed at preventing and combating racism, racial discrimination, xenophobia and related intolerance, as well as for the purpose of determining whether any measures have an unintentional disparate impact on victims. To that end, it recommends the development of voluntary, consensual and participatory strategies in the process of collecting, designing and using information.
(c) The information should take into account economic and social indicators, including, where appropriate, health and health status, infant and maternal mortality, life expectancy, literacy, education, employment, housing, land ownership, mental and physical health care, water, sanitation, energy and communications services, poverty and average disposable income in order to elaborate social and economic development policies with a view to closing the existing gaps in social and economic conditions.
93. Invites States, inter-governmental organisations, non-governmental organisations, academic institutions and the private sector to improve concepts and methods of data collection and analysis; to promote research, exchange experiences and successful practices and develop promotional activities in this area; and to develop indicators of progress and participation of individuals and groups in society subject to racism, racial discrimination, xenophobia and related intolerance;
94. Recognizes that policies and programmes aimed at combating racism, racial discrimination, xenophobia and related intolerance should be based on quantitative and qualitative research, incorporating a gender perspective. Such policies and programmes should take into account priorities identified by individuals and groups who are victims of, or subject to, racism, racial discrimination, xenophobia and related intolerance;
95. Urges States to establish regular monitoring on acts of racism, racial discrimination, xenophobia and related intolerance in the public and private sector, including those committed by law enforcement officials;
96. Invites States to promote and conduct studies and adopt an integral objective and long-term approach to all phases and aspects of migration which will deal effectively with both its causes and manifestations. These studies and approaches should pay special attention to the root causes of migratory flows, such as lack of full enjoyment of human rights and fundamental freedoms, the effects of economic globalization on migration trends;
97. Recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance may be reflected in laws, policies, institutions and practices and how this may have contributed to the victimization and exclusion of migrants, especially women and children;
98. Recommends that States include where applicable in their periodic reports to United Nations human rights treaty bodies, in an appropriate form, statistical information relating to individuals, members of groups and communities within their jurisdiction, including statistical data about participation in political life and about their economic, social and cultural situation. All such information shall be collected in accordance with provisions on human rights and fundamental freedoms, such as data protection regulations and privacy guarantees;