Draft Outcome Document Of The Durban Review Conference
Outcome document of the Durban Review Conference
SECTION 1
Review of progress and assessment of implementation of the Durban
Declaration and Programme of Action by all stakeholders at the national,
regional and international levels, including the assessment of contemporary
manifestations of
racism, racial discrimination, xenophobia and related intolerance
1.
Reaffirms the Durban Declaration and Programme of Action (DDPA),
as it was adopted at the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance in 2001;
2.
Reaffirms the commitment to prevent, combat and eradicate racism,
racial discrimination, xenophobia and related intolerance that was a basis for
convening the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance in 2001;
3.
Takes note of the efforts undertaken at all levels and welcomes the
progress achieved since the adoption of the Durban Declaration and Programme of
Action to implement its provisions;
4.
Expresses concern that challenges and obstacles identified in the
Durban Declaration and Programme of Action remain to be addressed and overcome
in order to effectively prevent, combat and eradicate racism, racial discrimination,
xenophobia and related intolerance and that there are still many areas where
achievements have not been gained or further improvements have to be attained;
5.
Emphasizes the need to address with greater resolve and political will
all forms and manifestations of racism, racial discrimination, xenophobia and related
intolerance, in all spheres of life and in all parts of the world, including all those
under foreign occupation;
6.
Reaffirms that all peoples and individuals constitute one human family,
rich in diversity, and that all human beings are born free and equal in dignity and
rights; and strongly rejects any doctrine of racial superiority along with theories
which attempt to determine the existence of so-called distinct human races;
7.
Reiterates 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;
8.
Reiterates that poverty, underdevelopment, marginalization, social
exclusion and economic disparities are closely associated with racism, racial
discrimination, xenophobia and related intolerance and contribute to the persistence
of racist attitudes and practices which in turn generate more poverty;
9.
Reaffirms the responsibility of Governments for safeguarding and
protecting the rights of individuals within their jurisdiction against crimes perpetrated
by racist or xenophobic individuals or groups or agents of the State;
10.
Condemns legislation, policies and practices based on racism, racial
discrimination, xenophobia and related intolerance which are incompatible with
democracy, transparent and accountable governance;
11.
Reaffirms that democracy and transparent, responsible, accountable and
participatory governance at the national, regional and international levels, responsive
to the needs and aspirations of the people, are essential to effectively prevent, combat
and eradicate racism, racial discrimination, xenophobia and related intolerance;
12.
Deplores the global rise and number of incidents of racial or religious
intolerance and violence, including Islamophobia, anti-Semitism, Christianophobia
and anti-Arabism manifested in particular by the derogatory stereotyping and
stigmatization of persons based on their religion or belief; and in this regard urges all
the UN Member States to implement paragraph 150 of the DDPA;
13.
Reaffirms that any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be prohibited by
law; reaffirms further that all dissemination of ideas based on racial superiority or
hatred, incitement to racial discrimination as well as all acts of violence or incitement
to such acts shall be declared offence punishable by law, in accordance with the
international obligations of States and that these prohibitions are consistent with
freedom of opinion and expression;
14.
Recognizes that racism, racial discrimination, xenophobia and related
intolerance are still among the root causes of armed conflict and very often one of its
consequences and deplores the occurrences of armed conflicts as well as ethnic or
religious violence, and notes relevant provisions of the 2005 World Summit outcome,
in particular paragraphs 138 and 139;
15.
Reaffirms that the principles of equality and non-discrimination are
fundamental principles of international human rights law and international
humanitarian law that are essential in the fight against racism, racial discrimination,
xenophobia and related intolerance;
16.
Expresses its appreciation for progress made in addressing the situation
of the victims of racism, racial discrimination, xenophobia and related intolerance
identified in the Durban Declaration and Programme of Action, while regretting that
racism, racial discrimination, xenophobia and related intolerance, including their
contemporary forms and manifestations, still persist;
17.
Acknowledges that all victims of racism, racial discrimination,
xenophobia and related intolerance should receive the same necessary attention and
protection and accordingly appropriate treatment;
18.
Recognizes that prevention, combating and eradication of racism, racial
discrimination, xenophobia and related intolerance are of crucial importance and key
elements for the promotion of cohesion and peaceful resolution of community
tensions;
19.
Stresses the need to increase appropriate preventive measures to
eliminate all forms of racial discrimination, and emphasizes the important role that
Governments, international and regional organizations, national human rights
institutions, the media, non-governmental organizations and civil society can play in
developing such measures;
20.
Notes with appreciation the activities at the local and national levels of
various information networks on racism, racial discrimination, xenophobia and
related intolerance which collect relevant information and develop strategies, while
also highlighting and disseminating good practices which could assist national bodies
and institutions in the development of strategies to prevent, combat and eradicate
racism, racial discrimination, xenophobia and related intolerance;
21.
Welcomes preventive initiatives to tackle discrimination in employment
such as, inter alia, programmes for training and counseling of excluded persons
belonging to a minority to help them in the labour market, programmes for employers
to combat discrimination or to raise cultural awareness, some examples of mentoring
and of positive action in recruitment, and some further experiments with contract
compliance and anonymous job applications;
22.
Recognizes steps taken at national level to promote human rights
education in all parts of the world after the adoption in 2001 of the Durban
Declaration and Programme of Action, particularly in order to sensitize the public at
large and to foster respect for cultural diversity;
23.
Notes with appreciation the increasing number of initiatives to promote
intercultural dialogue and affirms the need to intensify engagement between all
interested parties in a constructive and genuine dialogue rooted in mutual respect and
understanding;
24.
Welcomes the numerous awareness-raising activities involving States
aimed at the fight against racism, racial discrimination, xenophobia and related
intolerance, including through financial support for the projects of civil society;
25.
Notes with concern the precarious situation of human rights defenders
and non-governmental organizations, including anti-racist non-governmental
organizations, which undermines the struggle against racism, racial discrimination,
xenophobia and related intolerance;
26.
Welcomes the adoption of legislation, at the national and regional
levels, to address discrimination and victimization, as defined in the DDPA, in
employment and training, the provision of goods, facilities and services, education,
housing and public functions;
27.
Recalls the importance of a competent, independent and impartial
judiciary to determine in a fair and public procedure whether allegations and facts
before it constitute acts of racism, racial discrimination, xenophobia and related
intolerance according to international human rights law in order to ensure effective
remedies and adequate redress for the victims;
28.
Reaffirms its call upon States to implement all commitments resulting
from international and regional conferences in which they participated, and to
formulate national policies and action plans to prevent, combat, and eradicate racism,
racial discrimination, xenophobia and related intolerance;
SECTION 2
Assessment of the effectiveness of the existing Durban follow-up mechanisms
and other
United Nations mechanisms dealing with the issue of racism, racial
discrimination, xenophobia and related intolerance in order to enhance them
29.
Takes note with appreciation of the efforts to prevent, combat and
eradicate racism, racial discrimination, xenophobia and related intolerance,
undertaken by all mechanisms established following the request of the WCAR,
namely the Intergovernmental Working Group on the effective implementation of the
DDPA, the Working Group of Experts on People of African descent and the
Independent Eminent Experts Group, and of the contributions they have made to
implement the DDPA;
30.
Welcomes the important role played by the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, and all other relevant special procedures and mechanisms in the fight
against racism, racial discrimination, xenophobia and related intolerance and calls on
States to cooperate fully with these mechanisms;
31.
Acknowledges the need to enhance further the effectiveness of the
mechanisms dealing with or addressing racism, racial discrimination, xenophobia and
related intolerance, with a view to achieving better synergy, coordination, coherence
and complementarity in their work;
32.
Reaffirms its support for the mandate of the Special Adviser of the
Secretary-General on the Prevention of Genocide, who acts, inter alia, as an early
warning mechanism to prevent potential situations that could result in genocide;
SECTION 3
Promotion of the universal ratification and implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination and proper
consideration of the recommendations of the Committee on the Elimination
of Racial Discrimination (CERD)
33.
Reaffirms that the International Convention on the Elimination of All
Forms of Racial Discrimination is the principal international instrument to prevent,
combat and eradicate racism, racial discrimination, xenophobia and related
intolerance;
34.
Affirms that full implementation of the Convention is fundamental for
the fight against all forms and manifestations of racism and racial discrimination
occurring today worldwide;
35.
Takes note of the interpretation given by the Committee on the
Elimination of Racial Discrimination to the definition of the concept of racial
discrimination as contained in the Convention, so as to address multiple or
aggravated forms of discrimination;
36.
Welcomes the ratification of the ICERD by a number of countries since
the 2001 World Conference, while regretting that the goal of universal ratification by
2005 was not achieved;
37.
Renews in this context its call to States that have not yet done so to
consider ratifying or acceding to the Convention as a matter of high priority;
38.
Reiterates its call to States parties to the Convention to consider making
the declaration under its article 14 to enable victims to resort to the envisaged
remedy, and requests States parties that made the declaration under article 14 to
increase awareness of this procedure so as to fully exploit its potential;
39.
Urges States parties to the Convention to withdraw reservations
contrary to the object and purpose of the Convention and to consider withdrawing
other reservations;
40.
Expresses its concern at the delays in the submission of reports by the
States parties to the CERD, which hinder the effective implementation of the
Convention and hamper the Committee’s operation and monitoring function and
reiterates that timely submission of reports by States parties is an obligation under
article 9 of the Convention, and urges States parties to comply with their reporting
obligations;
41.
Encourages the States parties to include in their periodic reports
information on action plans or other measures to implement the Durban Declaration
and Programme of Action;
42.
Acknowledges that the reporting process should encourage and
facilitate, at the national level, public scrutiny of government policies and
constructive engagement with relevant civil society actors, conducted in a spirit of
cooperation and mutual respect, with the aim of advancing the enjoyment by all of
the rights protected by the Convention, and in this context encourages States parties
to engage with national human rights institutions and civil society while preparing
their periodic reports and their follow-up;
43.
Encourages non-governmental organizations to continue to provide the
Committee with relevant information for the reporting process;
44.
Notes with appreciation the early warning and urgent action procedure,
as well as the follow-up procedure established by the CERD, which, applied in
cooperation with States concerned, can play a conducive role for a proper
implementation of the Convention;
45.
Emphasizes the importance of setting up effective national monitoring
and evaluation mechanisms to ensure that all appropriate steps are taken to follow up
on the concluding observations and general recommendations of the Committee;
46.
Emphasizes, while acknowledging the primary responsibility of States
to implement their obligations under the Convention, that international cooperation
and technical assistance play an important role in assisting countries with the
implementation of their obligations under it and the follow-up to the
recommendations of Committee, and calls on the OHCHR to provide, upon request,
timely assistance to countries which have capacity and other constraints;
47.
Stresses the importance of and invites States parties to ratify the
amendment to its article 8, on the financing of the Convention, and requests that
sufficient additional resources be allocated for that purpose from the regular budget
of the United Nations, so that the Committee may discharge its mandate fully;
SECTION 4
Identification and sharing of best practices achieved at the national, regional
and international levels in the fight against racism, racial discrimination,
xenophobia and related intolerance
48.
Takes note with interest of examples of best practices at all levels
provided by Governments, regional and international organizations and other
stakeholders, including, inter alia, institutions, provisions and legislation to prevent,
combat and eradicate racism, racial discrimination, xenophobia and related
intolerance;
49.
Recognizes that a broad sharing of best practices in all regions of the
world, aimed at preventing, combating and eradicating racism, racial discrimination,
xenophobia and related intolerance, can assist Governments, Parliaments, the
judiciary, social partners and civil society with the effective implementation of the
provisions of the DDPA, when considered appropriate to adapt or replicate best
practices, including international cooperation;
50.
Recommends that examples of best practices provided for by
Governments, regional and international organizations and other stakeholders be
placed on the website of the OHCHR and linked to the section on the outcome of
Durban Review Conference, with a view to their adaptation and replication, and
recommends that the website be duly and timely updated by OHCHR;
SECTION 5
Identification of further concrete measures and initiatives at all levels for
combating and eliminating all manifestations of racism, racial discrimination,
xenophobia and related intolerance, in order to foster the implementation
of the DDPA and to address challenges and impediments hereto, including
in light of developments since its adoption in 2001
51.
Stresses the need for a comprehensive and universal approach to
preventing, combating and eradicating racism, racial discrimination, xenophobia and
related intolerance in all its forms and manifestations in all parts of the world;
52.
Emphasizes its determination and commitment to ensure the full and
effective implementation of the Durban Declaration and Programme of Action, which
constitute a solid foundation for the struggle against racism, racial discrimination,
xenophobia and related intolerance;
53.
Stresses the need for mobilizing the political will of relevant actors at
all levels which is essential to eliminate racism, racial discrimination, xenophobia
and related intolerance;
54.
Reaffirms the positive role that the exercise of the right to freedom of
opinion and expression, as well as the full respect for the freedom to seek, receive
and impart information can play in combating racism, racial discrimination,
xenophobia and related intolerance, in line with relevant provisions of international
human rights law, instruments, norms and standards;
55.
Calls on States to undertake effective media campaigns to enhance the
struggle against all manifestations of racism, racial discrimination, xenophobia and
related intolerance, inter alia, by disseminating and giving adequate visibility to the
DDPA and its follow-up mechanisms;
56.
Calls on States to take effective, tangible and comprehensive measures
to prevent, combat and eradicate all forms and manifestations of racism, racial
discrimination, xenophobia and related intolerance;
57.
Calls on States to combat impunity for acts of racism, racial
discrimination, xenophobia and related intolerance, to secure expeditious access to
justice, and to provide fair and adequate redress for victims;
58.
Stresses that the right to freedom of opinion and expression constitutes
one of the essential foundations of a democratic, pluralistic society and stresses
further the role these rights can play in the fight against racism, racial discrimination,
xenophobia and related intolerance worldwide;
59.
Invites Governments and their law enforcement agencies to collect
reliable information on hate crimes in order to strengthen their efforts to combat
racism, racial discrimination, xenophobia and related intolerance;
60.
Urges States to punish violent, racist and xenophobic activities by
groups that are based on neo-Nazi, neo-Fascist and other violent national ideologies;
61.
Reiterates its call on developed States, the United Nations and its
specialized agencies, as well as international financial institutions, to take tangible
steps to honour the commitments contained in paragraphs 157, 158 and 159 of the
Durban Declaration and Programme of Action;
62.
Recalls that slavery and the slave trade, including the transatlantic slave
trade, apartheid, colonialism and genocide must never be forgotten and in this regard
welcomes actions undertaken to honour the memory of victims;
63.
Notes actions of those countries that have, in the context of these past
tragedies, expressed remorse, offered apologies, initiated institutionalized
mechanisms such as truth and reconciliation commissions and/or restituted cultural
artifacts since the adoption of the Durban Declaration and Programme of Action, and
calls on those who have not yet contributed to restoring the dignity of the victims to
find appropriate ways to do so;
64.
Urges all States to implement General Assembly resolutions 61/19,
62/122 and 63/5 on the transatlantic slave trade;
65.
Urges States to combat impunity for crimes of genocide in accordance
with international law, in particular the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide, and in this context urges States to cooperate
with international criminal tribunals as stipulated in paragraph 82 of the DDPA;
66.
Recalls that the Holocaust must never be forgotten, and in this context
urges all Member States to implement General Assembly resolutions 60/7 and
61/255;
67.
Calls upon States to ensure that any measures taken in the fight against
terrorism are implemented in full respect of all human rights, in particular the
principle of non-discrimination and in this context urges all Member-States to
implement relevant provisions of the General Assembly resolutions 60/288 and
62/272;
68.
Expresses its concern over the rise in recent years of acts of incitement
to hatred, which have targeted and severely affected racial and religious communities
and persons belonging to racial and religious minorities, whether involving the use of
print, audio-visual or electronic media or any other means, and emanating from a
variety of sources;
69.
Resolves to, as stipulated in art. 20 of the ICCPR, fully and effectively
prohibit any advocacy of national, racial, or religious hatred that constitutes
incitement to discrimination, hostility or violence and implement it through all
necessary legislative, policy and judicial measures;
70.
Urges States to bolster measures to eliminate the barriers and to
broaden access to opportunities for greater and more meaningful participation by
people of African and Asian descent, indigenous peoples and persons belonging to
national or ethnic, religious and linguistic minorities in the political, economic, social
and cultural spheres of society, and to grant special attention to the situation of
women, in particular their practical incorporation into the labour market and in
income and employment-generation programmes;
71.
Urges States to adopt a social and human rights perspective when
tackling the violence experienced by indigenous youth and youth of African descent,
particularly in the peri-urban areas of major cities, and to focus on strengthening
social capital, granting assistance to, and building the capacity of indigenous youth
and youth of African descent;
72.
Urges States to direct their special measures, including affirmative or
positive measures, and strategies or actions, as well as new investments in health
care, public health, education, employment, electricity, drinking water and
environmental control, to communities of African descent and indigenous peoples;
73.
Welcomes the adoption of the UN Declaration on the rights of
indigenous peoples which has a positive impact on the protection of victims and, in
this context, urges States to take all necessary measures to implement the rights of
indigenous peoples in accordance with international human rights instruments
without discrimination;
74.
Welcomes the entry into force of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families and
urges States to step up efforts to protect the human rights of all migrants regardless of
their immigration status;
75.
Urges States to prevent manifestations of racism, racial discrimination,
xenophobia and related intolerance at country border entry areas, in particular vis-à-
vis immigrants, refugees and asylum seekers, and in this context encourages States to
formulate and implement training programmes for law enforcement, immigration and
border officials, prosecutors and service providers, with a view to sensitizing them to
racism, racial discrimination, xenophobia and related intolerance;
76.
Urges States to take measures to combat the persistence of xenophobic
attitudes towards and negative stereotyping of non-citizens, including by politicians,
law enforcement and immigration officials and in the media, that have led to
xenophobic violence, killings and the targeting of migrants, refugees and asylum-
seekers;
77.
Urges States to adopt a comprehensive and balanced approach to
migration, including by strengthening the international dialogue on migration, by
developing real partnerships between countries of origin, transit and destination, and
by exploring all possible synergies between the management of migration and the
promotion of development, while fully taking into account the human rights of
migrants;
78.
Renews the call on all States to review and, if necessary, to revise
immigration policies inconsistent with international human rights obligations, with a
view to eliminating all discriminatory policies and practices;
79.
Urges States that have not yet done so to adopt and enforce legislation
to protect migrant domestic workers, regardless of their immigration status, in
particular women, and to grant migrant workers in domestic service access to
transparent mechanisms for bringing complaints against employers, while stressing
that such instruments should not punish migrant workers, and calls on States to
promptly investigate and punish all abuses, including ill-treatment;
80.
Reiterates that the national, regional and international response and
policies, including financial assistance, towards refugee and internal displacement
situations in different parts of the world, should not be guided by any form of
discrimination prohibited by international law and urges the international community
to take concrete action to meet the protection and assistance needs of refugees, and to
contribute generously to projects and programmes aimed at alleviating their plight
and finding durable solutions;
81.
Urges States to step up their efforts to combat racism, racial
discrimination, xenophobia and related intolerance and to protect the human rights of
internally displaced persons, to use comprehensive and rights-based strategies to
discharge their obligations, and to provide internally displaced persons with
protection, assistance and specialized public care; and further urges States to seek
lasting solutions for the internally displaced, which may include their safe return,
resettlement or reintegration in dignified conditions and in accordance with their own
will;
82.
Affirms that the existence and the national or ethnic, cultural, religious
and linguistic identity of minorities shall be protected, and that the persons belonging
to these minorities should be treated equally and enjoy human rights and fundamental
freedoms without discrimination of any kind;
83.
Urges States to refrain from taking discriminatory measures and from
enacting or maintaining legislation that would arbitrarily deprive persons of their
nationality, especially if such measures and legislation render a person stateless;
84.
Recognizes with deep concern the persistence of racism, racial
discrimination, xenophobia and related intolerance against
Roma/Gypsies/Sinti/Travellers, and the violence affecting these communities and
urges States to take concrete measures to prevent, combat and eradicate these
scourges and to provide access to just and effective remedies and special protection
to the victims;
85.
Notes with concern the increased instances of multiple or aggravated
forms of discrimination and reiterates that such discrimination affects the enjoyment
of human rights and can lead to particular targeting or vulnerability and urges States
to adopt or strengthen programmes or measures to eradicate multiple or aggravated
forms of discrimination, in particular by adopting or improving penal or civil
legislation to address these phenomena;
86.
Expresses concern at the persistence of discrimination against women
and girls on the grounds of race, racial discrimination, xenophobia and related
intolerance and stresses the urgent need to combat such discrimination by prioritizing
the development of a systematic and consistent approach to identifying, evaluating,
monitoring and eliminating such discrimination against women and girls, in
accordance with the DDPA;
87.
Stresses, in the context of multiple discrimination, the need to treat all
forms of violence against women and violence against children as a criminal offence,
punishable by law, as well as the duty to provide access to just and effective
remedies, and the importance of providing specialized assistance and rehabilitation to
victims, including medical and psychological assistance and effective counselling;
88.
Calls upon States to review, as a matter of priority, the extent to which
they have adopted and implemented policies, programmes and specific measures to
incorporate a gender1 perspective in all programmes and plans of action to combat
racism, racial discrimination, xenophobia and related intolerance and invites States to
include an assessment of the effectiveness of such programmes and plans of action in
reports to relevant treaty bodies;
89.
Acknowledges that although all children are vulnerable to violence,
some children, because of, inter alia, their gender, race, ethnic origin, physical or
mental ability, or social status, are especially vulnerable, and in this context calls
upon States to address the special needs of unaccompanied migrant and refugee
children and to combat the sexual exploitation of children;
90.
Recognizes that victims of slavery, slavery-like practices, contemporary
forms of slavery, debt bondage, sexual exploitation or labour exploitation, are
particularly exposed to racism, racial discrimination, xenophobia and related
intolerance, and that women and girls often suffer multiple forms of discrimination,
victimization, and violence; and stresses, in this regard, that contemporary forms and
manifestations of slavery need to be investigated by different stakeholders and given
greater prominence and priority if these practices are to be eradicated once and for
all;
91.
Urges States to enact and implement legislation, and to devise, enforce,
and strengthen national, regional and global action plans that integrate a human rights
perspective, in particular accounting for gender and age, to combat and eliminate all
1 The footnote in the Durban Declaration and Programme of Action is also relevant for the
outcome document of the Durban Review Conference.
forms of trafficking in persons, particularly of women and children and other
vulnerable groups, taking into account the practices that endanger human lives or
lead to various forms of slavery and exploitation, such as debt bondage, child
pornography and sexual exploitation and forced labour;
92.
Urges States to strengthen bilateral, sub-regional, regional and
international cooperation on trafficking in persons, especially women and children,
and to facilitate the work of the Special Rapporteur on trafficking in persons,
especially in women and children, and of non-governmental organizations that
provide assistance to victims;
93.
Urges States in which the victimization of trafficked persons occurs to
ensure the protection of and assistance to the victims of trafficking with full respect
for their human rights, and to actively promote the rehabilitation of the victims of
trafficking by providing them with access to adequate physical and psychological
care and services, including those related to HIV/AIDS, as well as shelter, legal
assistance and helplines, and to facilitate their safe and dignified return to the
countries of origin;
94.
Notes progress in the adoption of policies and programmes to improve
the prevention and treatment of HIV/AIDS, especially among populations at higher
risk of exposure, and to eradicate multiple discrimination against persons living with
and affected by HIV/AIDS, and recommends that States guarantee universal and
effective access to all health services, including medications at affordable prices,
particularly those required for the prevention, diagnosis, and treatment of HIV/AIDS,
malaria, tuberculosis and other pandemics, and intensify research in vaccines as
appropriate;
95.
Welcomes the entry into force of the Convention on the Rights of
Persons with Disabilities and its Optional Protocol, and urges States to effectively
address the difficult conditions faced by persons with disabilities who are subject to
multiple or aggravated forms of discrimination;
96.
Urges States to consider signing and ratifying or acceding to all
instruments mentioned in paragraph 78 of the Durban Declaration and Programme of
Action;
97.
Urges States to consider signing and ratifying or acceding to all
instruments adopted after the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, including
(a)
Convention on the Rights of Persons with Disabilities and its Optional
Protocol;
(b)
Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights;
(c)
Convention on the Protection and Promotion of the Diversity of
Cultural Expressions;
98.
Urges States to combat impunity for crimes with racist or xenophobic
motivations, including through adopting appropriate legislation, as well as amending,
rescinding or nullifying any laws and regulations which create or perpetuate racism,
racial discrimination, xenophobia and related intolerance;
99.
Calls upon States, in accordance with their human rights obligations, to
declare illegal and to prohibit all organizations based on ideas or theories of
superiority of one race or group of persons of one colour or ethnic origin, or which
attempt to justify or promote national, racial and religious hatred and discrimination
in any form, and to adopt immediate and positive measures designed to eradicate all
incitement to, or acts of, such discrimination;
100.
Urges States to ensure that everyone within their jurisdiction, including
victims of racism, racial discrimination, xenophobia and related intolerance enjoys
access to justice, as well as access to appropriate State institutions and mechanisms in
order to seek recognition of wrong-doing and just, fair and adequate reparation or
satisfaction for any damage suffered, and stresses the importance of providing
specialized assistance to victims, including medical and psychological assistance, as
well as necessary counseling and draws attention to the need to increase awareness of
judicial recourse and other existing legal remedies and for these to be readily and
easily accessible;
101.
Calls on States to ensure that investigations of all acts of racism and
racial discrimination, in particular those committed by law enforcement officials, are
carried out in an impartial, timely and exhaustive manner, that those responsible are
brought to justice in accordance with the law, and that victims receive prompt, just
and adequate reparation or satisfaction for any damage;
102.
Calls upon States not to resort to profiling founded on grounds of
discrimination prohibited by international law, including on racial, ethnic or religious
grounds and prohibit it by law;
103.
Recommends that States that have not yet done so establish mechanisms
to collect, compile, analyze, disseminate and publish reliable and disaggregated
statistical data, and undertake all other related measures necessary to regularly assess
the situation of all victims of racism, racial discrimination, xenophobia and related
intolerance, in accordance with the Durban Declaration and Programme of Action;
104.
Recommends States to develop a system of data collection, including
equal-opportunity and non-discrimination indicators that, upholding the right to
privacy and the principle of self-identification, makes it possible to assess and guide
the formulation of policies and actions to eradicate racism, racial discrimination,
xenophobia and related intolerance, and to consider, where appropriate, seeking the
assistance of OHCHR;
105.
Urges States to establish national programmes that facilitate the access
of all to basic social services without discrimination;
106.
Reaffirms that the eradication of racism, racial discrimination,
xenophobia and related intolerance should aim not only at promoting equality and
eliminating discrimination but also at promoting interaction, social harmony and
integration, respect for tolerance and diversity among ethnic, cultural and religious
communities;
107.
Encourages States to develop national capacity for human rights
education, training activities and public information, by involving national human
rights institutions, non-governmental organizations and other relevant stakeholders in
order to combat racism, racial discrimination, xenophobia and related intolerance, in
line with the Plan of Action of the World Programme for Human Rights Education;
108.
Encourages all States and relevant international organizations to initiate
and develop cultural and educational programmes aimed at countering racism, racial
discrimination, xenophobia and related intolerance and enhancing mutual
understanding among various cultures and civilizations;
109.
Calls upon States to implement cultural rights through the promotion of
intercultural and inter-religious dialogue and cooperation at all levels, especially the
local and grass-roots levels;
110.
Urges States to encourage political parties to work towards fair
representation of national or ethnic, religious and linguistic minorities within and at
all levels of their party system, to ensure that their political and legal systems reflect
the multicultural diversity of their societies, and to develop more participatory
democratic institutions in order to avoid the discrimination, marginalization and
exclusion of specific sectors of society;
111.
Urges States to improve democratic institutions, to increase
participation, and to avoid marginalization, exclusion of and discrimination against
specific sectors of society;
112.
Encourages Parliaments to regularly address the issue of racism, racial
discrimination, xenophobia and related intolerance, with a view to consolidating their
legislation, including anti-discrimination legislation, and to enhance policies to fight
racism, racial discrimination, xenophobia and related intolerance;
113.
Encourages States to adopt strategies, programmes and policies,
including, inter alia, special measures, including affirmative or positive measures,
strategies or actions, to enable the victims of racism, racial discrimination,
xenophobia and related intolerance to fully realize their civil, cultural, economic,
political, and social rights, including through improved access to political, judicial
and administrative institutions, and to grant them greater opportunity to participate
fully in all spheres of life of the societies in which they live;
114.
Urges all States that have not developed and/or implemented national
action plans to combat racism, racial discrimination, xenophobia and related
intolerance to elaborate such plans and monitor their implementation in consultation
with relevant stakeholders, including in particular national human rights institutions
and civil society;
115.
Calls on States, when implementing paragraph 90 of the DDPA, to
ensure that national human rights institutions have focal points on racism, racial
discrimination, xenophobia and related intolerance, as well as the capacity to
contribute to effective remedies to victims;
116.
Calls on States that have not yet done so to establish and equip
specialized bodies and mechanisms for the implementation of public policies to
eradicate racism, racial discrimination, xenophobia and related intolerance, and to
promote racial equality with suitable financial resources, capability and capacity to
survey, investigate, educate and undertake public awareness-raising activities;
117.
Requests all States to protect human rights defenders, in particular those
working on racism, racial discrimination, xenophobia and related intolerance, to lift
any impediments to their effective functioning which are inconsistent with
international human rights standards and norms, and to allow them to work freely for
the promotion and protection of human rights;
118.
Invites States to provide and, where appropriate, to increase funding for
civil society organizations, inter alia those working on racism, racial discrimination,
xenophobia and related intolerance, to bolster their work against this scourge;
119.
Recognizes the valuable role played by regional and subregional
organizations, institutions and initiatives in the struggle against racism, racial
discrimination, xenophobia and related intolerance, including through their complaint
mechanisms, and encourages the establishment or strengthening of regional
mechanisms to examine the effectiveness of measures taken to prevent, combat and
eradicate these scourges;
120.
Recommends that States, regional and international organizations
establish independent bodies, where they do not already exist, to receive complaints
from victims of racism, racial discrimination, xenophobia and related intolerance,
inter alia, regarding discrimination in housing, education, health, employment, or
access hereto, as well as other human rights;
121.
Commends media organizations that have elaborated voluntary ethical
codes of conduct aimed at, inter alia, meeting the goals defined in paragraph 144 of
the Durban Programme of Action, and encourages consultations among media
professionals through relevant associations and organizations at the national, regional
and international levels, with the assistance of OHCHR, with a view to exchanging
views on this subject and sharing best practices, taking into account the independence
of the media and international human rights standards and norms;
122.
Re-emphasizes the importance of enhancing international cooperation
to achieve the goals identified in the DDPA with a view to combating, preventing and
eradicating racism, racial discrimination, xenophobia and related intolerance;
123.
Encourages States to include in their national reports to the universal
periodic review mechanism of the Human Rights Council information on measures to
prevent and combat racism, racial discrimination, xenophobia and related intolerance;
124.
Requests the Human Rights Council to consider the necessary measures
to enhance the effectiveness of the follow up mechanisms to the DDPA and to ensure
better synergy and complementarities in the work of these mechanisms. In this
regard, recommends that the Human Rights Council enhance the interface among and
focus of follow up mechanisms with a view to achieve greater synchronization and
coordination at all levels, within their respective mandates, including through
restructuring and reorganization of their work if deemed appropriate by the Human
Rights Council, and to allow joint discussions and meetings;
125.
Takes note that the Ad Hoc Committee on the Elaboration of
International Complementary Standards convened its first session and agreed upon a
road map, with a view to achieving full implementation of paragraph 199 of the
Durban Programme of Action;
126.
Invites the Human Rights Council, its special procedures and
mechanisms, as well as relevant treaty bodies, within their respective mandates, to
take fully into account the Durban Declaration and Programme of Action and the
outcome of the Review Conference;
127.
Requests the Human Rights Council to continue promoting intercultural
and interreligious dialogue with enhanced participation of all stakeholders, including
from the grass-roots level;
128.
Urges all international sporting bodies to promote, through their
national, regional and international federations, a world of sports free from racism,
racial discrimination, xenophobia and related intolerance;
129.
Invites the Fédération Internationale de Football Association, in
connection with the 2010 Football World Cup tournament to be held in South Africa,
to introduce a visible theme on non-racism in football and requests the High
Commissioner for Human Rights in her capacity as Secretary-General of the Durban
Review Conference to bring this invitation to the attention of the Fédération and to
bring the issue of racism in sport to the attention of other relevant international
sporting bodies;
130.
Invites the High Commissioner for Human Rights to further increase
awareness of the struggle against racism, racial discrimination, xenophobia and
related intolerance, including the awareness of the relevant mechanisms and bodies,
through the appropriate activities and programmes of OHCHR;
131.
Reiterates its call on OHCHR to continue its efforts to increase
awareness and support for the work of the Committee on the Elimination of Racial
Discrimination, as part of the overall endeavor to strengthen the work of the treaty
bodies;
132.
Encourages OHCHR to continue to provide support to the mechanisms
of the Human Rights Council to monitor the implementation of the DDPA;
133.
Requests the High Commissioner for Human Rights to continue fully
and effectively implement the mandate given to OHCHR in the DDPA;
134.
Takes note of the proposal of the OHCHR, in cooperation with regional
stakeholders in all parts of the world, to organize in light of the OHCHR Expert
Seminar on the links between art. 19 and 20 of the ICCPR a series of expert
workshops to attain a better understanding of the legislative patterns, judicial
practices and national policies in the different regions of the world with regard to the
concept of incitement to hatred, in order to assess the level of implementation of the
prohibition of incitement, as stipulated in article 20 of the ICCPR, without prejudice
to the mandate of the Ad Hoc Committee on the Complementary Standards;
135.
Encourages OHCHR to intensify its collaboration with international
and regional bodies dealing with the fight against racism, racial discrimination,
xenophobia and related intolerance;
136.
Welcomes the proposal of the High Commissioner for Human Rights to
incorporate the implementation of the Durban Declaration and Programme of Action
in the human rights mainstreaming in the whole UN system and, in this regard, takes
note with appreciation of the plan of the High Commissioner to make its
implementation a standing agenda item in her high-level consultations with United
Nations partners with due regard to her entire mandate, to be followed up at the
working level by an inter-agency task force;
137.
Emphasizes the need for the relevant UN bodies and specialized
agencies to provide, within the mainstreaming of the implementation of the DDPA,
technical cooperation to enhance its effective implementation, and in this context
encourages States to seek assistance to establish or improve national policy
frameworks, administrative structures and practical measures to give effect to the
Durban Programme of Action;
138.
Requests the Secretary-General to provide OHCHR with adequate
necessary resources to continue to implement the Durban Declaration and
Programme of Action and to implement the outcome of the Review Conference in
full, including by strengthening and enhancing its anti-discrimination unit with a
view to, inter alia, increasing national capacity to prevent, combat and eradicate
racism, racial discrimination, xenophobia and related intolerance through the
provision of technical assistance, upon request;
139.
Encourages Member States to increase their voluntary contributions to
OHCHR to enhance its capacity to ensure the effective implementation of the DDPA
at the national, regional and international levels;
140.
Calls on OHCHR to continue to support States, at their request, in the
process of establishing and strengthening national human rights institutions in
compliance with the Paris Principles, and in implementing national plans of action
against racism, racial discrimination, xenophobia and related intolerance;
141.
Calls on Member States to contribute to the Trust Fund for the
Programme of the Decade to Combat Racism and Racial Discrimination for, inter
alia, the participation of people of African descent, representatives of developing
countries, especially the least developed countries, non-governmental organizations
and experts, in the work of the Intergovernmental Working Group on the effective
implementation of the DDPA;
142.
Welcomes the important role of the United Nations Educational
Scientific and Cultural Organization (UNESCO) and encourages it to pursue its work
aimed at mobilizing municipal authorities and local governments against racism,
racial discrimination, xenophobia and related intolerance, particularly through its
Coalition of Cities against Racism, Discrimination, Xenophobia and Related
Intolerance initiative and its integrated strategy to combat racism, racial
discrimination, xenophobia and related intolerance;
143.
Calls on the United Nations system, in particular the Department of
Public Information of the Secretariat, to undertake effective media campaigns to
enhance the visibility of the message of the Durban Declaration and Programme of
Action and its follow-up mechanisms.
