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UN Racism Conference Themes - Draft Declaration

UNITED NATIONS
General Assembly

Distr.
GENERAL
A/CONF.189/4

20 August 2001
Original: ENGLISH

Conference Themes - Draft Declaration

WORLD CONFERENCE AGAINST RACISM,

RACIAL DISCRIMINATION, XENOPHOBIA

AND RELATED INTOLERANCE

Durban, 31 August - 7 September 2001

Item 9 of the provisional agenda

CONFERENCE THEMES

DRAFT DECLARATION

Note by the Secretary-General

This draft declaration contains three types of paragraphs: (i) paragraphs adopted at the second and third sessions of the Preparatory Committee, held respectively from 21 May to 1 June 2001 and from 30 July to 10 August 2001; (ii) paragraphs marked “ongoing” that were discussed, either at the second or third sessions of the Preparatory Committee, but not adopted; and (iii) paragraphs that represent proposals made by one or more States during the first and second inter-sessional open-ended working groups, held respectively from 6 to 9 March 2001 and from 7 to 11 May 2001, and issued in document A/CONF.189/PC2/27 that were subsequently reformulated by the Group of 21, without amendment of the substance of the proposals, and issued in document A/CONF.189/PC3/7. The paragraphs in category (iii) were not considered by the Preparatory Committee at any of its sessions.

GE.01-15581 (E) 220801

PP1 Having met in Durban, South Africa, from 31 August to 7 September 2001; (Adopted by 2nd PrepCom)

PP2 Expressing deep appreciation to the Government of South Africa for hosting this World Conference; (Adopted by 2nd PrepCom)

PP3 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; (Adopted by 2nd PrepCom)

PP4 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; (Adopted by 2nd PrepCom)

PP5 Recalling Commission on Human Rights resolution 1997/74, General Assembly resolution 52/111 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; (Adopted by 2nd PrepCom)

PP6 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 the victims of various forms of racism, racial discrimination, xenophobia and related intolerance; (Adopted by 2nd PrepCom)

PP7 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; (Adopted by 2nd PrepCom)

PP8 Welcoming the decision of the General Assembly to proclaim the year 2001 as the United Nations Year of Dialogue among Civilizations [as well as [noting] the holding of the Asian Conference on Dialogue among Civilizations on 17 February 2001 in Tehran;] (Ongoing, 2nd PrepCom)

PP9 [Welcoming the adoption by the General Assembly of the Declaration and Plan of Action on a Culture of Peace and its decision to proclaim the Decade for a Culture of Peace and Non-Violence for the Children of the World (2001-2010);] (Ongoing, 2nd PrepCom)

PP10 [Welcoming the decision of the General Assembly to proclaim the year 2001 as the United Nations Year of Dialogue among Civilizations and to proclaim the Decade for a Culture of Peace and Non-Violence for the Children of the World (2001-2010), as well as the adoption by the General Assembly of the Declaration and Plan of Action on a Culture of Peace;] (Ongoing, 2nd PrepCom)

PP11 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; (Adopted by 2nd PrepCom)

PP12 [Recalling the United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960;] (Ongoing, 2nd PrepCom)

PP13 Reaffirming our commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights; (Adopted by 2nd PrepCom)

PP14 Affirming that racism, racial discrimination, xenophobia and related intolerance constitute a negation of the purposes and principles of the Charter of the United Nations; (Adopted by 2nd PrepCom)

PP15 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; (Adopted by 2nd PrepCom)

PP16 Convinced of the fundamental importance of universal accession to or ratification of and full implementation of [the/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 [based on race, colour, descent, or national or ethnic origin;] (Ongoing, 2nd PrepCom)

ONGOING PROPOSALS ON THE ISSUE OF “GROUNDS”

(Paragraphs to be inserted between PP16 and PP17)

BY THE FACILITATOR (MEXICO), SUPPORTED BY GRULAC

1. Recognizing that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent, or national or ethnic origin; (ONGOING)

2. Acknowledging that victims can also suffer multiple or aggravated discrimination when they are discriminated against on the grounds of race, colour, descent, or national or ethnic origin combined with discrimination based on other grounds, which can include sex/gender, language, religion, political or other opinion, social origin, property, birth or other status (UDHR), disability, age, HIV/AIDS or other health conditions, culture, social and economic status, nationality and work; (ONGOING)

3. Expressing its deep concern about the current trend in the evolution of racism towards discriminatory practices based on culture, nationality, religion or language; (ONGOING)

BY EU, CANADA, AUSTRALIA AND NEW ZEALAND

1. Recognizes that racial discrimination takes place on grounds of race, colour, descent, or national or ethnic origin; (ONGOING)

2. Expresses its concern about racism, racial discrimination, xenophobia and related intolerance that are based also on culture, nationality, religion or language; (ONGOING)

3. Acknowledges that multiple discrimination may occur when racism, racial discrimination, xenophobia and related intolerance is further aggravated by discrimination on other grounds such as gender, language, religion, political or other opinion, social origin, property, birth, culture, nationality, social and economic status, sexual orientation, age, disability, work, HIV/AIDS or other health conditions; (ONGOING)

BY THE ASIAN GROUP, SUPPORTED BY THE AFRICAN GROUP

1. The WCAR recognizes that racism, racial discrimination, xenophobia and related intolerance take place on grounds of race, colour, descent, or national or ethnic origin and that a person can be a victim of multiple or aggravated forms of discrimination when she/he suffers discrimination on any or all of the above-mentioned grounds combined with discrimination on grounds of language, sex, religion, political or other opinion, social origin, property, birth or other status; (ONGOING)

PP17 Recognizing the fundamental importance of States signing, ratifying or acceding to all relevant international human rights instruments [such as the Convention on the Elimination of All Forms of Discrimination against Women [and its optional protocol,] the Convention on the Rights of the Child [and its two protocols] and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families] in combating racism, racial discrimination, xenophobia and related intolerance with a view to universal adherence; (Ongoing, 2nd PrepCom)

PP18 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; (Adopted by 2nd PrepCom)

PP19 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; (Ongoing, 2nd PrepCom)

PP20 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; (Adopted by 2nd PrepCom)

PP21 [Acknowledging that the prohibition of racial discrimination, genocide, apartheid and slavery are norms of international law from which no derogation is permitted,] (Ongoing, 2nd PrepCom)

PP22 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; (Adopted by 2nd PrepCom)

PP23 Emphasizing the importance of the equitable participation of all [peoples and States], without any discrimination, in their domestic as well as global decision-making respectively; (Ongoing, 2nd PrepCom)

PP24 [Affirming] that racism, racial discrimination, xenophobia and related intolerance [acts] are against the dignity of humankind, [may] constitute [flagrant/most serious] violations of human rights, offences to humanity, obstacles to friendly and peaceful relations among peoples and nations and are among the root causes of many internal and international conflicts, including armed conflicts; (Ongoing, 2nd PrepCom)

PP25 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 human rights, which are universal, indivisible, interdependent and interrelated, and to improve the living conditions of men, women and children of all nations [at the economic, social, cultural, civil and political levels]; (Ongoing, 2nd PrepCom)

PP26 [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; (Ongoing, 2nd PrepCom)

PP27 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; (Adopted by 2nd PrepCom)

PP28 [Bearing in mind that the acknowledgement of the past problems caused by racially and ethnically discriminatory policies and practices would contribute to the resolution and prevention of racism, xenophobia and related intolerance;] (Ongoing, 2nd PrepCom)

PP29 [Affirming that identification and acknowledgement of the sources, causes and manifestations of racism and racial discrimination, such as colonialism, slavery, the slave trade and other forms of servitude which have been pursued in the past and their resolution are crucial to the prevention of recurrence of such policies and practices as well as attitudes and tendencies emanating from these evils and thus in saving the present and future generations from suffering and deprivation of all human rights thereof;] (Ongoing, 2nd PrepCom)

PP30 [Reaffirming that colonization by settlers and foreign occupation constitute sources, causes and forms of racism, racial discrimination, xenophobia and related intolerance;] (Ongoing, 2nd PrepCom)

PP31 Fully aware that, despite efforts undertaken by the international community, Governments and local authorities, the scourge of racism, racial discrimination, [*] xenophobia and related intolerance persist and continue 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; (Adopted by 2nd PrepCom, list pending)

PP32 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; (Adopted by 2nd PrepCom)

PP33 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; (Ongoing, 2nd PrepCom)

PP34 [Strongly rejecting theories which attempt to determine the existence of so-called distinct human races;] (Ongoing, 2nd PrepCom)

PP35 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; (Adopted by 2nd PrepCom)

PP36 Reaffirming that States have the duty to protect and promote the human rights and fundamental freedoms of all, including [indigenous peoples, people of African descent, people of Asian descent, migrants - documented and undocumented, refugees and asylum-seekers, internally displaced persons and persons belonging to other vulnerable groups,**] 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; (Adopted by 2nd PrepCom)

PP37 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; (Adopted by 2nd PrepCom)

PP38 [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]; (Ongoing, 2nd PrepCom)

PP39 [Reaffirming the right of [all individuals] [and peoples] to live [in peace] in a society free of racism, racial discrimination, xenophobia and related intolerance, stressing that such a right must be protected as a matter of the highest priority, and recognizing the duty of States to take prompt, decisive and appropriate measures to eliminate all forms of racism, racial discrimination, xenophobia and related intolerance;] (Ongoing, 2nd PrepCom)

PP40 Reaffirming our commitment to combating all manifestations of racism, racial discrimination, xenophobia and related intolerance on grounds of [race, lineage, colour, religion, culture, language or national or ethnic origin*] [aggravated by forms of multiple discrimination based on reasons of age, gender, [sexual orientation], physical and mental ability or socio-economic status*;] (Ongoing, 2nd PrepCom)

PP41 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; (Adopted by 2nd PrepCom)

PP42 Joining together in a spirit of renewed political will and commitment to universal equality, justice and dignity, to 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; (Adopted by 2nd PrepCom)

PP43 Rallying to the call by the General Assembly for concrete recommendations on ways to increase the effectiveness of the activities and mechanisms of the United Nations through action-oriented programmes and a commitment to the provision of adequate financial and other resources, aimed at combating racism, racial discrimination, xenophobia and related intolerance, we [Heads of State and Governments] hereby adopt this Declaration and Programme of Action grounded on actions at the local, national, regional and international levels, [to be reviewed in five years,] and commit ourselves to take individually and jointly further concrete steps and measures based on recommendations contained therein.

GENERAL ISSUES

1. 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; (Adopted by the WG of the 3rd PrepCom)

2. We express our solidarity with the peoples 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; (Adopted by 2nd PrepCom)

3. 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; (Adopted by 2nd PrepCom)

4. 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; (Adopted by the 3rd PrepCom)

5. 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; (Adopted by the 3rd PrepCom)

[6. We reaffirm the duty of States to fulfil their commitments and obligations in such a manner as to promote a national and international order, based on equity, solidarity and social justice that provides for social integration, a reduction of inequalities in the distribution of wealth and a more equitable distribution of the benefits of economic growth within and between nations, in a way that the rights and freedoms of everyone, including the right to development, can be fully realized as an important contribution towards the elimination of racism, racial discrimination, xenophobia and related intolerance/our determination to prevent and mitigate the negative impact of sanctions on civilian populations and development capacity in targeted and third countries / .] (ONGOING)

7. We note that the process of globalization constitutes a powerful and dynamic force which should be harnessed/utilized 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 [especially on those [people] who continue to endure the legacy of slavery and colonialism]. 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; (Adopted by the 3rd PrepCom, except part in brackets)

8. We recognize that 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; (Adopted by the 3rd PrepCom)

9. The World Conference recognizes that interregional migration has increased as a result of globalization and stresses that policies of countries towards such migration should not be based on grounds of race, colour, descent or national or ethnic origin; (ONGOING)

SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS

OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED

INTOLERANCE

10. We recognize and admit that slavery and the slave trade, other forms of servitude, conquest and colonialism were the primary sources and manifestation/a source of racism, racial discrimination, xenophobia and related intolerance and condemn the injustices that were committed, especially against Africans, people of African descent and indigenous peoples, and stress the need for all States which were engaged in such practices to acknowledge the grave human suffering they caused and the heinous racist acts committed; (ONGOING)

11. We also recognize that the political, socio-economic and cultural structures imposed in the context of slavery and the slave trade, and other forms of servitude, conquest and colonialism permitted and encouraged racism, racial discrimination, xenophobia and related intolerance. The consequences of this situation persist in many of our societies and constitute a source of systemic discrimination that still affects large sectors of the population; (ONGOING)

12. We recognize that slavery and the slave trade, colonialism, apartheid, racism and racial discrimination that people in various parts of the world, notably Africans and people of African descent, have historically suffered are at the root of the situation of marginalization, poverty and exclusion that affects many people in several countries and that, despite the many efforts made, the situation persists in varying degrees; (ONGOING)

13. [We recognize and acknowledge that slavery, the slave trade, other forms of servitude, conquest and colonialism are the primary sources and manifestations of racism, racial discrimination, xenophobia and related intolerance, and resulted in marginalization, poverty and exclusion of large sectors of the world population, notably Africans and people of African

descent. The consequences of this situation persist in many of our societies and constitute a

source of systematic discrimination that still affects large sectors of the population. We stress the need for all States which were engaged in such practices to acknowledge the grave suffering they caused and the heinous acts committed;ƒÍ (ONGOING)

14. All States must draw lessons from manifestations of racism in all regions of the world, suffering caused by slavery or which arose from colonialism must be remembered and this should not happen again; (ONGOING)

15. We recall the historical fact that among the most hideous manifestations of racial discrimination the African continent and diaspora have suffered, namely the slave trade, all forms of exploitation, colonialism and apartheid, were essentially motivated by economic objectives and competition between colonial powers for strategic territorial gains, appropriation and control over and pillage of natural and cultural resources; (ONGOING)

16. We affirm that slavery, particularly of Africans and their descendants, and especially the transatlantic slave trade, was a unique and appalling tragedy in the history of humanity and a crime against humanity, not only because of its abhorrent barbarism, but also in terms of its enormous magnitude, its institutionalized nature, its transnational dimension and especially its negation of the very essence of the human nature of its victims; (ONGOING)

17. We affirm that slavery, [colonialism,] and the slave trade, and other forms of servitude, particularly of Africans and their descendants and of indigenous peoples, was a unique and/an appalling tragedy in the history of humanity and a crime against humanity, not only because of its abhorrent barbarism but also in terms of its enormous magnitude, its institutionalized nature, its transnational dimension, and especially its negation of the essence/dignity of the victims, [and further note that the practice of slavery is now universally recognized as a crime against humanity.]/[under international law/and further note that the practice of slavery/enslavement constitutes today a crime against humanity]; (ONGOING)

18. We repudiate the brutal crimes and injustices that were committed against indigenous peoples and Africans and their descendants who were subjected to slavery, the transatlantic slave trade and other forms of servitude that today could constitute crimes against humanity;/ (ONGOING)

ƒË19. Recognizing that xenophobia against migrants, refugees and non-nationals constitutes one of the main sources of contemporary racism and that most human rights violations against such groups occur in the context of discriminatory, xenophobic and racist practices;ƒÍ (ONGOING)

20. 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; (Adopted by the 3rd PrepCom)

21. We emphasize that poverty, underdevelopment, marginalization, social exclusion and economic disparities ƒËbetween and within nations, which in many countries owe their existence in part to colonial exploitationƒÍ, 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; (Adopted by the 3rd PrepCom, except bracketed part)

22. We recognize the negative economic, social and cultural consequences of racism, racial discrimination, xenophobia and related intolerance, ƒËincluding historical factors, such as the slave trade, other forms of servitude and colonialismƒÍ, 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; (Adopted by the 3rd PrepCom, except part in brackets)

23. 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; (Adopted by the 3rd PrepCom)

24. 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; (Adopted by the WG of the 3rd PrepCom)

25. 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; (Adopted by the 3rd PrepCom)

26. 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; (Adopted by the 3rd PrepCom)

27. 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 cannot be construed as having any implications as to rights under international law. Any reference to rights associated with the term “indigenous peoples” is in the context of ongoing multilateral negotiations on texts that specifically deal with such rights and is without prejudice to the outcome of those negotiations; (Adopted by the 3rd PrepCom)

28. We express our profound repudiation of the persistence in some states of racism, racial discrimination, xenophobia and related intolerance particularly in 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, which in many countries has contributed to the fact that members of certain groups, [including people of African and Asian descent, indigenous peoples, national minorities and migrants,] and especially where it has contributed to the fact that certain groups are over-represented in penal institutions/represent an exaggerated proportion of prisoners in penal institutions/and administrative detention centres in many countries; (ONGOING)

29. We affirm the need to put an end to impunity for violations of the human rights and fundamental freedoms of individuals and groups who are victimized by racism, racial discrimination, xenophobia and related intolerance; (Adopted by the 3rd PrepCom)

30. We express our concern that beyond the fact that racism is gaining ground, contemporary forms and manifestations of racism are striving to regain political, moral and even legal recognition in many ways, including through legislative prescriptions such as those relating to the freedom of expression, the platforms of some political parties and organizations, and the dissemination through modern communication technologies of ideas based on racial superiority; (ONGOING)

31. ƒËWe recall that, in accordance with international law, persecution of a group or community with a particular identity for racial or ethnic motives, as well as institutionalized racism, are serious violations of human rights and, in some cases, ƒËmayƒÍ qualify as crimes against humanity;ƒÍ(ONGOING)

32. All States must acknowledge the suffering caused by lack of respect for the equality of human beings manifested through wars, genocide, holocaust, apartheid, ethnic cleansing and other atrocities. All States must reject/prevent and punish ethnic and religious cleansing and genocide in all regions of the world and work together to prevent their recurrence. ƒËThe (holocausts/Holocaust) and the ethnic cleansing of the Arab population in historic Palestine and in Bosnia and Herzegovina and Kosovo must never be forgotten;ƒÍ (ONGOING)

33. [We affirm that a foreign occupation founded on settlements, its laws based on racial discrimination, with the aim of continuing domination of the occupied territory, as well as its practices which consist of reinforcing a total military blockade, isolating towns, cities and villages under occupation from each other, totally contradict the purposes and principles of the Charter of the United Nations and constitute a serious violation of international human rights and humanitarian law, a new kind of apartheid, a crime against humanity and a serious threat to international peace and security;] (ONGOING)

34. 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; (Adopted by the 3rd PrepCom)

35. 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; (Adopted by the 3rd PrepCom)

VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA

AND RELATED INTOLERANCE

36. We salute and acknowledge the memory of all victims of racism, racial discrimination, xenophobia and related intolerance, slavery and the slave trade, colonialism, [[holocausts/

Holocaust], [ethnic cleansing of the Arab population in historic Palestine] and in Kosovo and apartheid and foreign occupation all over the world and at all timesƒÍ; (ONGOING)

37. We recognize that racism, racial discrimination, xenophobia and related intolerance often target, notably on grounds related to language, religion or national or ethnic origin, persons such as migrants, asylum-seekers, refugees, displaced persons, non-nationals and indigenous peoples or, on grounds related to belonging to minorities, persons such as Roma/Gypsies and travellers; (ONGOING)

38. We recall that for a large part of their history, the societies of the Caribbean region of the Americas, which comprise a majority of people of African descent and several minority racial groups, were societies founded and based on racism and devoted almost exclusively to the racist exploitation of their indigenous peoples and populations of African descent, and note that the Caribbean nations as a group have taken deliberate steps to address racial tensions through negotiations, thereby promoting the development of relatively tolerant multiracial societies; (ONGOING)

39. alternative proposal: We recall that for a large part of its history, the Caribbean region of the Americas was comprised of societies founded on racism and devoted almost exclusively to the racist exploitation of their indigenous peoples and populations of African descent, and we acknowledge the Caribbean people’s long and unique experience of dealing with racism in all of its various manifestations and their pioneering efforts to develop genuine multiracial societies based on the conscious and non-violent management of race relations; (ONGOING)

40. We also express our deep concern that indicators in the field of education, employment, health, housing, infant mortality and life expectancy for many people, especially ƒËracialƒÍ, cultural, religious, linguistic, ethnic or national ƒËand sexualƒÍ minorities or groups, indigenous peoples, Africans and people of African descent, people of Asian descent, migrants, asylum-seekers, refugees, internally displaced persons and persons with disabilities, are lower than the average within the national population, as a consequence of racism, racial discrimination, xenophobia and related intolerance; (ONGOING)

41. 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; (Adopted by the 3rd PrepCom)

42. 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; (ONGOING)

43. 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 on 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; (Adopted by the 3rd PrepCom)

44. We also recognize that the legacy of slavery has contributed to perpetuating racism, racial discrimination, xenophobia and related intolerance against Africans and people of African descent throughout the Americas and all other areas of the African diaspora; (ONGOING)

45. 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; (Adopted by the 3rd PrepCom)

46. 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; (Adopted by the 3rd PrepCom)

47. 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; (Adopted by the 3rd PrepCom)

48. 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; (Adopted by the 3rd PrepCom)

49. 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; (Adopted by the 3rd PrepCom)

50. 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 a 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; (Adopted by the 3rd PrepCom)

51. 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; (Adopted by the 3rd PrepCom)

52. We welcome the decision to create the Permanent Forum for 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 Programme of Action; (Adopted by the 3rd PrepCom)

53. 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; (Adopted by the 3rd PrepCom)

54. We recognize the positive economic, social and cultural contributions made by migrants to both countries of origin and destination; (Adopted by the 3rd PrepCom)

55. 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; (Adopted by the 3rd PrepCom)

56. 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 Governments 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 groupsƒ« and stress the need for their fair, just and equitable treatment in society and in the workplace; (Adopted by the 3rd PrepCom)

57. 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; (Adopted by the 3rd PrepCom)

58. 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; (Adopted by the 3rd PrepCom)

59. [We reaffirm that treatment of migrants, [including migrant workers], in relation to issues such as access to employment, vocational training, housing, schooling, health services and social services, as well as services intended for use by the public, should be in accordance with applicable international human rights instruments, norms and standards and be free of racism, racial discrimination, xenophobia and related intolerance;] (ONGOING)

60. The problem of refugees and displaced persons represents one of the most serious challenges the international community has been faced with over the past decade. Millions of people have been forcibly expelled from their homes and subjected to ethnic violence and hostilities. Refugees and displaced persons already for many years have been deprived of elementary living conditions and the exercise of the most fundamental human rights and freedoms, enshrined in the Universal Declaration of Human Rights, including the right to live in dignity and safety and participate fully in social and economic life in their places of permanent residence. This problem in particular undermines efforts of countries in transition to rebuild their national economies by drawing upon their limited resources, causes social tensions and puts into jeopardy their promotion of sustainable development; (ONGOING)

ALTERNATIVE PARAGRAPHS ON ASYLUM-SEEKERS, REFUGEES,

INTERNALLY DISPLACED PERSONS, UNDER THE COORDINATION

OF NORWAY (ONGOING)

60 alternative. 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 the countries of origin as refugees and asylum-seekers; we therefore recognize that the international community should take effective measures in order to address the root causes of displacement; (ONGOING)

61 alternative. We also 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; (ONGOING)

62 alternative. We underline the urgency of addressing the root causes of displacement and of finding durable solutions for refugees and displaced persons, including voluntary return in safety and dignity, resettlement and local integration, when appropriate; (ONGOING)

63 alternative. We affirm our commitment to respect our obligations relating to the protection of refugees, asylum-seekers, returnees and internally displaced persons and in this regard urge the international community to provide assistance in cooperation with the United Nations High Commissioner for Refugees to host countries, in particular to host developing countries, in the spirit of responsibility and burden-sharing, to enable them to fulfil their international obligations towards protection of refugees as enshrined in the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and other relevant instruments; (ONGOING)

61. We note with concern that racism, racial discrimination and related intolerance are among the causes which compel people to leave their countries of origin and seek asylum abroad; (ONGOING)

62. Special attention should be given to the violations of the human rights of refugees in refugee camps and detention centres. We note in this regard that, in the absence of effective protection measures, women and girls are often vulnerable to sexual assaults or other forms of violence; (ONGOING)

63. We underline the urgency of addressing the root causes of displacement and of finding durable solutions for displaced persons, including voluntary return in safety and dignity or local integration; (ONGOING)

64. 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; (Adopted by the 3rd PrepCom)

65. We also recognize with deep concern the existence in various parts of the world of religious intolerance against other religious communities and their members, in particular limitation of their right to practise freely their belief, as well as the emergence of increased negative stereotyping, hostile acts and violence against such communities because of their religious beliefs and their racial or ethnic origin in various parts of the world, in particular limitation to their right to freely practise their belief; (ONGOING)

66. [We express our deep concern about practices of racial discrimination against the Palestinians as well as other inhabitants of the Arab occupied territories which have an impact on all aspects of their daily existence such that they prevent the enjoyment of fundamental rights, and call for the cessation of all the practices of racial discrimination to which the Palestinians and the other inhabitants of the Arab territories occupied by Israel are subjected;] (ONGOING)

67. [We are convinced that combating anti-Semitism, Islamophobia and [Zionist practices against Semitism] is integral and intrinsic to opposing all forms of racism and stress the necessity for effective measures to address the issue of anti-Semitism, Islamophobia and [Zionist practices against Semitism] today in order to counter all manifestations of these phenomena;] (ONGOING)

68. [We recognize with deep concern the increase in anti-Semitism and hostile acts against Jews in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas concerning the Jewish community.] [The World Conference recognizes with deep concern the increase of racist practices of Zionism and anti-Semitism in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas, in particular the Zionist movement, which is based on racial superiority;] (ONGOING)

69. [We also recognize with deep concern the increased negative stereotyping of and hostility expressed against Muslims in various parts of the world, and express concern with regard to any overt manifestations of Islamophobia;] (ONGOING)

70. [We also recognize with deep concern the increased negative stereotyping of and hostility expressed against Muslims/the existence of Islamophobia and hostile acts and violence against Muslims which are evidenced in various parts of the world;] (ONGOING)

71. [We take note of and express our determination to eradicate any and all manifestations of anti-Arab bias and discrimination and, in particular, recognize that negative stereotyping contributes to racism, racial discrimination, xenophobia and related intolerance;] (ONGOING)

72. We affirm that the ethnic, cultural, linguistic and religious identity of minorities must be protected and that persons belonging to such minorities should enjoy their human rights and fundamental freedoms without discrimination of any kind; (ONGOING)

73. [We recognize that certain cultural groups with a distinct identity face barriers on a complex interplay of racial, ethnic, religious and cultural factors and urge 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;] (ONGOING)

74. 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; (Adopted by the 3rd PrepCom)

75. 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; (Adopted by the 3rd PrepCom)

76. We recognize the need to develop a more systematic and consistent approach to evaluate and monitor 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 on grounds of race, colour, descent, or ethnic and national origin; (ONGOING)

77. [We deplore attempts in certain Western countries to oblige women belonging to the Muslim minority to forego their cultural and religious identity or restrict its legitimate expression or discriminate against them with regard to opportunities for education and employment;] (ONGOING)

78. We observe with concern the large number of children, particularly girls, and young people among the victims of racism, racial discrimination, xenophobia and related forms of intolerance and stress the need to/and urge States to incorporate special measures for children

and youth, taking into account their best interests the principle of the best interest of the child and youth, with respect for their opinions, in programmes against 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; (ONGOING)

79. We recognize that a child belonging to an ethnic, religious or linguistic minority or who is indigenous shall not be denied the right, 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 language; (ONGOING)

80. [We recognize that child labour can perpetuate poverty and inequality along racial lines by disproportionately denying children from affected groups the opportunity to acquire the human capabilities needed in productive life and to benefit from economic growth;] (ONGOING)

81. We recognize that certain persons and groups may, in addition to experiencing acts of racism, racial discrimination, xenophobia and related intolerance also/simultaneously experience other forms of discrimination on the basis of/ground of their gender, age [mental or physical ability], disability, [genetic condition/congenital disorder], culture, language, religion, [sexual orientation], HIV/AIDS [and barriers related thereto], economic or social status or social origin and property or birth, resulting thus in multiple discrimination. We stress that special attention should be given to the elaboration of strategies, policies and programmes aiming at equal opportunities, which may include [positive measures aimed at removing systemic barriers and other forms of discrimination and intolerance/affirmative action] for such persons; (ONGOING)

82. We also recognize that some persons are victims of multiple discrimination, including on the grounds of race, colour, descent, ethnic, linguistic or national origin, gender, sexual orientation, age, disability, religion, culture, social or economic status, property or birth; (ONGOING)

83. 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; (ONGOING)

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

84. We recall that, without the necessary political will to recognize and assume responsibility for historical injustices and their contemporary forms and repercussions [modern slavery and slavery-like practices,] programmes of action against racism, racial discrimination, xenophobia and related intolerance, as well as the anti-racist slogans and measures adopted at the World Conference and at the regional and national levels, will not change deeply ingrained prejudices or achieve the noble goal of a genuine human family based on equal dignity and opportunities; (ONGOING)

85. 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; (Adopted by the 3rd PrepCom)

86. We recognize that the equitable participation of all groups and countries in the formation of a just, equitable, democratic and inclusive international order can contribute to a world free from racism, racial discrimination, xenophobia and related intolerance; (ONGOING)

87. 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; (Adopted by the 3rd PrepCom)

88. We reaffirm the solemn commitment of all States to promote universal respect for, and observance and protection of, all human rights and fundamental freedoms [- civil, cultural, economic, political and social - including the right to development,] as a fundamental factor in the prevention and elimination of racism, racial discrimination, xenophobia and related intolerance; (Adopted by the 3rd PrepCom, except bracketed part)

89. We firmly believe that many of the obstacles to racial equality mainly lie in lack of political will, weak legislation, concrete action, and the prevalence of racist attitudes and negative stereotyping; (ONGOING)

90. We firmly believe that education, development and the faithful implementation of our 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; (Adopted by the 3rd PrepCom)

91. 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; (Adopted by the 3rd PrepCom)

92. [For too long diversity has been treated as a threat rather than a gift, and too often that misperceived threat has been expressed in racial contempt and conflict, in exclusion, racial discrimination, xenophobia and related intolerance. We must discern in [human diversity and culture] [of race,] colour, descent, language, religion and national or ethnic origin the potential for mutual enrichment, and realize that it is the [dialogue and understanding, inter alia, amongst the [great] traditions of human spirituality that offer the best prospect for the fulfilment of human spirituality] interchange between people that offers the best prospect for cooperation, understanding and respect;] (ONGOING)

93. We call for concerted efforts/international efforts to promote an understanding between different civilizations and cultures so as to counter attempts at cultural and civilizational domination and imposition motivated by racism, racial discrimination, xenophobia and related intolerance; (ONGOING to be considered together with 94)

94. We affirm that dialogue among cultures and civilizations emerges as an intrinsic demand of human nature itself, as well as of culture. This dialogue leads to a recognition of diversity and opens the mind to the mutual acceptance and genuine collaboration required by the human family’s call to unity. Dialogue between cultures and civilizations is the path to the building of a reconciled world, a world able to look towards its future; (ONGOING)

95. 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; (Adopted by the 3rd PrepCom)

96. We underline the key role that political leaders and political parties can play in combating racism, xenophobia, anti-Semitism and related intolerance, and encourage political parties to take concrete steps to promote solidarity, and tolerance and respect; (ONGOING)

97. [We strongly condemn the persistence and resurgence of fascism, aggressive nationalism, ethnocentrism, religious and linguistic chauvinism, separatism, extremism and terrorism, in all their forms and manifestations, and state that these phenomena can never be justified in any instance, including as a means to promote and protect human rights and fundamental freedoms, in particular those of persons belonging to national minorities;] (ONGOING)

98. 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; (Adopted by the 3rd PrepCom)

99. [The prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression. This right is embodied in article 19 of the Universal Declaration of Human Rights and is recalled in article 5 (d) (viii) of the International Convention on the Elimination of All Forms of Racial Discrimination. Its relevance to article 4 of that Convention is noted in the article itself. The citizen’s exercise of this right carries with it special duties and responsibilities, specified in article 29, paragraph 2, of the Universal Declaration, among them the obligation not to disseminate racist ideas is of particular importance;] (ONGOING)

100. Bearing in mind the necessity of drawing a distinction, through national legislation or by other means, between freedom of expression and propagation of racism, in conformity with international human rights norms; (ONGOING)

101. [Article 4 [b] of the International Convention on the Elimination of All Forms of Racial Discrimination places a greater burden upon such States to be vigilant in proceeding against organizations that promote or incite racial discrimination at the earliest moment. These organizations, as well as organized and other propaganda activities, have to be declared illegal and prohibited. Participation in these organizations is, of itself, to be punished;] (ONGOING)

102. 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; (Adopted by the 3rd PrepCom)

103. We note with regret that certain media, by promoting false images and stereotypes of vulnerable groups and individuals, particularly of migrants and refugees, have contributed to the spread of xenophobic and racist sentiments among the public and [may] have encouraged violence by racist individuals and groups; (Adopted by the 3rd PrepCom, except bracketed part)

104. We recognize the positive contribution the exercise of the right to freedom of expression, particularly by the media and new technologies, including the Internet, and full respect for the right to freedom of 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; (ONGOING)

105. 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 children and youth have access to this material; (ONGOING).

106. [We also recognize the value of] The new technologies, including the Internet, [in combating] and eliminating/should be harnessed to [should contribute to fight] racism, racial discrimination, xenophobia and related intolerance [and should also be used to] promote tolerance and respect of human values, equality and non-discrimination, and respect for others/[respect and tolerance for diversity]; [and urge their continued and enhanced use in this respect;]. We invite Governments to promote an environment that is favourable to making these values a reality; (ONGOING)

107. All States should recognize the importance of community media, in particular community radio [and the Internet], that give a voice to individuals belonging to racially targeted groups/affected by or vulnerable to racism, racial discrimination, xenophobia and related intolerance; (ONGOING)

108. 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; such acts [must/should be publicly condemned and eradicated]; (Adopted by the 3rd PrepCom, except part in brackets)

109. We recognize that education at all levels and all ages, including within the family, in particular human rights education, is a key to changing racially discriminatory attitudes and behaviour and to promoting tolerance and respect for diversity in societies/of race, colour, descent, language, religion, culture, national and ethnic origin in societies. We further affirm that such education is a determining factor in the promotion, dissemination and protection of democratic values of justice and equity which are essential to prevent and combat the spread of racism, racial discrimination, xenophobia and related intolerance; (ONGOING)

[110. We further stress that education and training programmes should accurately present the history of/slavery and the slave trade,/colonialism, apartheid, and other scourges that resulted from racism, racial discrimination, xenophobia and related intolerance. The education and training should also highlight the contribution of individuals and groups from different cultures and civilizations promoting tolerance and friendship amongst peoples and nations in changing the mentality of racial superiority and other racially discriminatory attitudes and behaviour]; (ONGOING)

111. 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; (Adopted by the 3rd PrepCom)

112. Stress that education and training programmes, as well as other social policies, should promote more inclusive societies, encouraging stable and harmonious relationships and friendships between different nations, peoples and groups, fostering mutual understanding, solidarity, tolerance, the development of a culture of peace, the study of the Holocaust and injustice against indigenous peoples and people of African descent in the Americas, social justice and respect for human rights for all; (ONGOING)

113. We underline the links between the right to education and the struggle against racism, racial discrimination, xenophobia and related intolerance and the essential/crucial 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; (Adopted by the 3rd PrepCom)

PROVISION OF EFFECTIVE REMEDIES, RECOURSE, REDRESS,

[COMPENSATORY] AND OTHER MEASURES AT THE NATIONAL,

REGIONAL AND INTERNATIONAL LEVELS

114. We emphasize the importance and necessity of teaching about the truth of the distant/past and recent history of colonialism, fascism, racism, racial discrimination, xenophobia and related intolerance in order to prevent the recurrence of similar policies and practices; (ONGOING)

115. We emphasize the importance and necessity of teaching the past and recent history of colonialism and apartheid to prevent the recurrence of such policies and practices related to racism, racial discrimination, xenophobia and related intolerance; (ONGOING)

116. We consider that the recognition of these massive and institutionalized human rights violations through the acts and policies of slavery and the slave trade, colonialism, apartheid, racism and racial discrimination; we hereby express explicit and unreserved apologies to the victims and their heirs; (ONGOING)

117. [We also affirm that this recognition would be meaningless without an explicit apology by the former colonial powers or their successors for those human rights violations, and that this apology should be duly reflected in the final outcome of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance;] (ONGOING)

118. [We request those who, directly or indirectly, by commission or omission, participated, permitted, facilitated or tolerated colonialism, slavery of indigenous and African people and the slave trade, in particular the transatlantic slave trade, to apologize to the peoples concerned as a first step in the process of reparation to heal the wounds arising from these practices, as a fundamental prerequisite for the creation of the peace of mind of all parties involved, which gives future efforts better chances of success;] (ONGOING)

119. [We note that other groups which were subjected to other scourges and injustices have received repeated apologies from different countries, as well as ample reparations, on a bilateral basis, from both public and private sources and lately through certain international organizations; and that, as all human beings are equal, all scourges and injustices should, therefore, be addressed with the same emphasis and fairness;] (ONGOING)

120. [We affirm that, by recognizing the victims’ right to remedies and reparation, the international community shows solidarity with victims in the cause of human rights and reaffirms the principles of the equality and dignity of all human beings, accountability, justice and the rule of law;] (ONGOING)

121. 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, 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; (Adopted by the 3rd PrepCom)

122. We are conscious that humanity’s history is replete with terrible wrongs inflicted through lack of respect for the equality of human beings/through lack of recognition of human dignity and rights manifested through [wars], [military occupation by settlement] [and settlement policies], genocide, slavery, in particular the transatlantic slave trade, holocausts, [colonialism], apartheid, ethnic cleansing and other atrocities, and we salute the memory of their victims [and we understand/acknowledge the quest for]/recognize the right of the victims and their heirs to justice, dignity, respect and correction of, and compensation for, historical wrongs and their continuing consequences. [We call for open national and international dialogue as required to address these concerns]; (ONGOING)

123. We acknowledge that the consequences of slavery, the slave trade, other forms of servitude and ƒËcolonialismƒÍ have resulted in substantial and lasting economic, political and cultural damage to Africans and people of African descent, and indigenous peoples, and that this

damage, which has had crippling effects on the socio-economic development of these peoples, especially in Africa, now requires that substantial national and international efforts be made for reparations; (ONGOING)

124. [We recognize that States which pursued policies or practices based on racial or national superiority, such as colonial or other forms of alien domination or foreign occupation, slavery, the slave trade and ethnic cleansing, should assume responsibility therefor and compensate the victims of such policies or practices;] (ONGOING)

125. We strongly reaffirm that States which pursued racist policies or acts of racial discrimination such as slavery and colonialism should assume their moral, economic, political and legal responsibilities within their national jurisdiction and before other appropriate international mechanisms or jurisdictions and provide adequate reparation to those communities or individuals who, individually or collectively, are victims of such racist policies or acts, regardless of when or by whom they were committed; (ONGOING)

126. ƒËWe further affirm that such reparations to victims of slavery, the slave trade and colonialism and their descendants should be in the form of enhanced policies, programmes and measures at the national and international levels to be contributed to by States, companies and individuals that benefited materially from these practices, in order to compensate for and repair the economic, cultural and political damage which has been inflicted on the affected communities and peoples, through, inter alia, the creation of a special development fund, the improvement of access to international markets for products from developing countries affected by these practices, the cancellation or substantial reduction of their foreign debt and a programme to return art objects, historical goods and documents to the countries of origin;] (ONGOING)

127. We recognize the necessity for affirmative action or special measures for the victims of or persons vulnerable to racism, racial discrimination, xenophobia and related intolerance in order to rectify their disadvantaged position in society and the historical wrongs committed against them because of past discriminatory policies directed against them. Measures for effective action 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 special quotas in educational institutions, housing, political parties, parliaments, employment, especially in the judiciary, police, army and other civil services, as well as electoral reforms, land reforms and campaigns for equal participation; (ONGOING)

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

128. We underscore the need to design, promote and implement at the national and international levels strategies, programmes and policies, and adequate legislation, which may include special measures, such as affirmative action, for furthering equal social development and the realization of the civil and political, economic, social and cultural rights of groups or individuals and persons belonging to groups victims of affected by or vulnerable to 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 increase access to justice; as well as guaranteeing that the benefits of development, science and technology contribute effectively to the improvement of the quality of life of these populations; (ONGOING)

129. 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 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 conferences held by the United Nations in the 1990s in Rio de Janeiro, Vienna, Cairo, Copenhagen, Beijing, Istanbul and Rome, making sure that such goals will encompass with equity all the victims of racism, racial discrimination, xenophobia and related intolerance; (Adopted by the 3rd PrepCom, except part in brackets)

130. 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; (Adopted by the 3rd PrepCom)

131. We reiterate that the international response and policy, including financial assistance, towards refugee situations in different parts of the world should not be guided by considerations of the race, colour, descent, culture, language or national or ethnic origin of the refugees concerned and, in this context, urge the international community to extend generous assistance as requested by concerned host States towards resolving the refugees’ situation, especially in the developing countries, through economic and financial assistance aimed at, inter alia, removing the root causes of the displacement of such people; (ONGOING)

132. 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; (Adopted by the 3rd PrepCom)

133. 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; (Adopted by the 3rd PrepCom, except bracketed parts)

134. 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; (Adopted by the 3rd PrepCom)

135. We stress the importance of involving social partners and other non-governmental organizations in the design and implementation of training and development programmes; (Adopted by the 3rd PrepCom)

136. We recognize the fundamental role of civil society in the fight against racism, racial discrimination, xenophobia and related intolerance, in particular in assisting Governments to develop regulations and strategies, in taking measures and action against such forms of discrimination and through follow-up implementation; (Adopted by the 3rd PrepCom)

137. 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; (Adopted by the 3rd PrepCom)

138. 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 Such an awareness of such issues in the relevant bodies of the United Nations, based upon their national experiences .can be transmitted to international organizations with all the added benefits of the concrete experience of a particular country. ] [Bearing in mind the difficulties faced by them, we commit ourselves to creating an atmosphere conducive to the effective functioning of human rights non-governmental organizations [and anti-racist organizations],/including those combating

racism. / We recognize the precarious situation in many countries of human rights non-governmental organizations, including those/combating racism/human rights and anti-racist organizations in many countries and express our commitment/urge States to lift unnecessary barriers to their effective functioning of civil society]; (ONGOING)

139. We encourage the full participation of non-governmental organizations in the follow-up to the World Conference; (Adopted by the 3rd PrepCom)

140. 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; (ONGOING)

141. 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; (Adopted by the 3rd PrepCom)

142. We further affirm that our global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance, and the recommendation for action contained in the programme of action are made in a spirit of solidarity and international cooperation, in full conformity with the purposes and principles of the Charter of the United Nations and other relevant international instruments, to consider/address the past, present and future with a constructive/and forward-looking approach, recognizing that the formulation and implementation of strategies, policies, programmes and actions for the fight against these evils are the responsibility of all States, with the full involvement of civil society, at the national, regional and international levels, and should be carried out in a faithful, expeditious and efficient manner. (ONGOING)

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