ACTION TAKEN BY WORKING GROUPS ON DRAFT DECLARATION

AND DRAFT ACTION PROGRAMME, 5 SEPTEMBER

DURBAN, 6 September -- On Wednesday 5 September, Working Group I on the draft declaration for the World Conference on Racism held three meetings and Working Group II on the draft programme of action met four times.  

Texts Adopted -- Working Group I, Draft Declaration

On Wednesday, the group adopted 10 paragraphs of the draft declaration (document A/CONF.189/4), including preambular paragraphs 17 and 39, and operative paragraphs 28, 65, 78, 80, 114 and 115 (merged), 128, 138 and 142.

From the Conference opening on 31 August through 5 September, Working Group I has adopted a total of 38 paragraphs and deleted two.

The texts adopted by the working group are contained in Annex I.

Texts Adopted -- Working Group II, Draft Action Programme

At its first two meetings on Wednesday, the group adopted 26 paragraphs: 19 bis, 86, 104, 105, 106 bis, 140, 141, 143 bis, 144, 167, 168, 169, 170, 171, 172, 173, 174, 229, 235, 244, 250, 252, 253, 254, 255, 256.  Between 6 p.m. and midnight, the working group adopted 17 more paragraphs as follows: 120, 121, 126, 127, 128 c, 129, 131, 132, 133, 147/149 (sections merged), 148, 151 a-g, 153, 154, 157, 164, 189 a,b,c,d,e,i,j. 

From the Conference opening on 31 August through 5 September, Working Group II has adopted a total of 70 paragraphs.

The texts adopted by the working group are contained in Annex II.

ANNEX I – DRAFT DECLARATION

The following paragraphs were adopted by Working Group I on Wednesday:

PP17  Recognizing the fundamental importance for States to consider signing, ratifying or acceding to all other relevant international human rights instruments in combating racism, racial discrimination, xenophobia, and related intolerance with a view to universal adherence.  (ADOPTED by WG on 5/9)

PP39  Reaffirming the principle of equal rights and self-determination of peoples and recalling that all individuals are born equal in dignity and rights, stressing that such equality must be protected as a matter of the highest priority, and recognizing the duty of States to take prompt, decisive and appropriate measures with a view to eliminating all forms of racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

28.  We express our profound repudiation of the persistence in some states of racism, racial discrimination, xenophobia and related intolerance in the functioning of the penal systems and in the application of the law, as well as in the actions and attitudes of institutions and individuals responsible for law enforcement, especially where it has contributed to the fact that certain groups, are over-represented among persons under any form of detention or imprisonment. (ADOPTED by WG on 5/9)

65.  We also recognize with deep concern the existence in various parts of the world of religious intolerance against religious communities and their members, in particular limitation of their right to practise 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 ethnic or so-called racial origin; (ADOPTED by WG on 5/9)

78.  We observe with concern the large number of children and youth, particularly girls, among the victims of racism, racial discrimination, xenophobia and related intolerance and stress the need to incorporate special measures in accordance with the principle of the best interest of the child 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 youth who are victims of these practices; (ADOPTED by WG on 5/9)

80.  We recognize that child labour is linked to poverty, lack of development and related socio-economic conditions and could in some cases perpetuate poverty and racial discrimination by disproportionately denying children from affected groups the opportunity to acquire the human capabilities needed in productive life and to benefit from economic growth; (ADOPTED by WG on 5/9)

Merger of 114 and 115  We emphasize the importance and necessity of  teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as teaching about  the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance with a view to a comprehensive and objective cognition of the tragedies of the past; (ADOPTED by WG on 5/9)

128.  We underscore the need to design, promote and implement at the national, regional and international levels strategies, programmes and policies, and adequate legislation which may include special and positive measures, for furthering equal social development and the realization of the civil and political, economic, social and cultural rights of all those victims of racism, racial discrimination, xenophobia and related intolerance, including through more effective access to the political, judicial and administrative institutions, as well as the need to promote effective access to justice, as well as guaranteeing that the benefits of development, science and technology contribute effectively to the improvement of the quality of life of all, without discrimination; (ADOPTED by WG on 5/9)

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 awareness of such issues in the relevant bodies of the United Nations, based upon their national, regional or international experiences.  Bearing in mind the difficulties  they face, we commit ourselves to creating an atmosphere conducive to the effective functioning  of human rights non-governmental organizations,in particular anti-racist non-governmental organizations in combatting racism, racial discrimination, xenophobia and related intolerance.  We recognize the precarious situation of human rights non-governmental organizations, including  anti-racist non-governmental organizations in many parts of the world and express our commitment to adhere to our international obligations and lift any unlawful barriers to their effective functioning; (ADOPTED by WG on 5/9)

142.  We affirm that our global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance, and the recommendations contained in the programme of action are made in a spirit of solidarity and international cooperation and inspired by the purposes and principles of the Charter of the United Nations and other relevant international instruments.  These recommendations are made with due consideration of past, present, and future, and with a constructive and forward-looking approach.  We recognize that the formulation and implementation of these strategies, policies, programmes and actions are the responsibilities of all States, with the full involvement of civil society at national, regional and international levels, which should be carried out efficiently and promptly. (ADOPTED by WG on 5/9)

ANNEX II – DRAFT PROGRAMME OF ACTION

The following paragraphs were adopted by Working Group II on the Draft Programme of Action at the morning and afternoon meetings on Wednesday:

19 bis.  Urges States to recognize the particularly severe problems of religious prejudice and intolerance that many people of African descent experience and to implement policies and measures that are designed to prevent and eliminate all such discrimination on the basis of religion and belief, which, when combined with certain other forms of discrimination, constitutes a form of multiple discrimination; (ADOPTED by WG on 5/9)

86.  Calls upon States to promote and protect the exercise of the rights set out in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, proclaimed by the General Assembly in its resolution 36/55, of 25 November 1981, in order to obviate religious discrimination which, when combined with certain other forms of discrimination, constitutes a form of multiple discrimination; (ADOPTED by WG on 5/9)

104   Urges States to collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels and undertake all other related measures which are necessary to assess regularly the situation of individuals and groups who are victims of racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

a) Such statistical data should be disaggregated by [LIST] in accordance with national legislation. Any such information shall, as appropriate, be collected with their explicit consent of the victims, based on their self-identification and in accordance with provisions on human rights and fundamental freedoms, such as data protection regulations and privacy guarantees. This information must not be misused; (ADOPTED with BRACKET by WG on 5/9)

105.  Invites States, inter-governmental organizations, non-governmental organizations, academic institutions and the private sector to improve concepts and methods of data collection and analysis; to promote research, exchange experiences and successful practices and develop promotional activities in this area; and to develop indicators of progress and participation of individuals and groups in society subject to racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

106 bis  Urges States to establish regular monitoring on acts of racism, racial discrimination, xenophobia and related intolerance in the public and private sector, including those committed by law enforcement officials; (ADOPTED by WG on 5/9)

140.  Urges States to promote, as appropriate, effective and equal access of all members of the community, especially those who are victims of racism, racial discrimination, xenophobia and related intolerance, to the decision making process in society at all levels and in particular at the local level, and also urges States and encourages the private sector to facilitate their effective participation in the economic life; (ADOPTED by WG on 5/9)

141.  Urges all multilateral financial and development institutions in particular the World Bank, International Monetary Fund, World Trade Organisation and regional development banks to promote, in accordance with their regular budgets and the procedures of their governing bodies, participation by all members of the international community in decision making processes at all stages and levels in order to facilitate development projects and, as appropriate, trade and market access programmes; (ADOPTED by WG on 5/9)

143 bis.  Underlines the key role that politicians and political parties can play in combating racism, racial discrimination, xenophobia and related intolerance and encourages political parties to take concrete steps to promote equality, solidarity and non-discrimination in society, inter-alia, by developing voluntary codes of conduct, which include internal disciplinary measures for violations thereof, so their members refrain from public statements and actions that encourage or incite racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9

144.  Invites the Inter-Parliamentary Union to encourage debate in, and action by, Parliaments on various measures including laws and policies to combat racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

167.  Welcomes the positive contribution made by the new information and communications technologies, including the Internet, in combating racism through rapid and wide-reaching communication; (ADOPTED by WG on 5/9)

168.  Draws attention to the potential to increase the use of the new information and communications technologies, including the Internet, to create educational and awareness‑raising networks against racism, racial discrimination, xenophobia and related intolerance, both in and out of school, as well as the ability of the Internet to promote universal respect for human rights and also respect for the value of cultural diversity; (ADOPTED by WG on 5/9)

169.  Emphasizes the importance of recognizing the value of cultural diversity and putting in place concrete measures to encourage the access of the marginalized communities to the mainstream and alternative media through, inter alia, the presentation of programmes that reflect their cultures and languages; (ADOPTED by WG on 5/9)

170.  Expresses concern at the material progression of racism, racial discrimination, xenophobia and related intolerance including its contemporary forms and manifestations, such as the use of the new information and communications technologies, including the Internet, to disseminate ideas of racial superiority; (ADOPTED by WG on 5/9)

171.  Urges States and encourages the private sector to promote the development by the media, including the print and electronic media, including Internet and advertising, taking into account their independence, through their relevant associations and organizations at the national, regional and international levels, of a voluntary ethical code of conduct and self-regulatory measures, of policies and practices aimed at:

(a)  Combating racism, racial discrimination, xenophobia and related intolerance;

(b) Promoting the fair, balanced and equitable representation of the diversity of their societies, as well as ensuring that this diversity is reflected among their staff;

(c)  Combating the proliferation of ideas of racial superiority, justification of racial hatred and discrimination in any form;

(d)  Promoting respect, tolerance and understanding among all individuals, peoples, nations and civilizations, for example through assistance in public awareness‑raising campaigns;

(e)  Avoiding stereotyping in all its forms, and particularly the promotion of false images of migrants, including migrant workers, and refugees in order to prevent the spread of xenophobic sentiments among the public and to encourage the objective and balanced portrayal of people, events and history; (ADOPTED by WG on 5/9)

172.  Urges States to implement legal sanctions, in accordance with relevant international human rights law, in respect of incitement to racial hatred through new information and communications technologies, including the Internet, and further urges them to apply all relevant human rights instruments to which they are Parties, in particular the International Convention on the Elimination of All Forms of Racial Discrimination, to racism on the Internet; (ADOPTED by WG on 5/9)

173.  Urges States to encourage the media to avoid stereotyping based on racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

174.  Calls upon States to consider the following, taking fully into account existing international and regional standards on freedom of expression, while taking all necessary measures to guarantee the right to freedom of opinion and expression:

a.)  to encourage Internet service providers to establish and disseminate specific voluntary codes of conduct and self‑regulatory measures against the dissemination of racist messages and those that result in racial discrimination, xenophobia or any form of intolerance and discrimination; to that end, Internet providers are encouraged to set up mediating bodies at national and international levels, involving relevant civil society institutions; (ADOPTED by WG on 5/9)

b.)  to adopt and apply, to the extent possible, appropriate legislation for prosecuting those responsible for incitement to racial hatred or violence on the new information and communications technologies, including the Internet; (ADOPTED by WG on 5/9)

c.)  to address the problem of dissemination of racist material through the new information and communications technologies, including the Internet, inter alia by imparting training to law enforcement authorities; (ADOPTED by WG on 5/9)

 ...

e.)  to denounce and actively discourage the transmission of racist and xenophobic messages through all communications media, including new information and communications technologies, such as the Internet; (ADOPTED by WG on 5/9)

f.)  to consider a prompt and co-ordinated international response to the rapidly evolving phenomenon of the dissemination of hate speech and racist material on new information and communications technologies, including the Internet;  and in this context to strengthen international cooperation; (ADOPTED by WG on 5/9)

g.)  to encourage access and use by all people of the Internet as an international and equal forum, aware that there are disparities in use of and access to the Internet; (ADOPTED by WG on 5/9)

...

i.)  to encourage the reflection of the diversity of societies among the personnel of media organisations and the new information and communications technologies, such as the Internet, by promoting adequate representation of different segments within societies at all levels of their organisational structure; (ADOPTED by WG on 5/9)

229.  Encourages financial and development institutions and the operational programmes and specialised agencies of the United Nations, in accordance with their regular budgets and the procedures of their governing bodies, to:

a)  Assign particular priority and allocate sufficient funding, within their areas of competence and budgets, to improve the situation of [list of victims/generic description] in order to combat manifestations of racism, racial discrimination, xenophobia and related intolerance and to include them in the development and implementation of projects concerning them,

b)  Integrate human rights principles and standards into their policies and programmes,

c)  Consider including in their regular reporting to their boards of governors information on their contribution to promote the participation of [list of victims/generic description] within their programmes and activities, and information on the efforts taken [done] to facilitate their participation and to ensure that these policies and practices contribute to the eradication of racism, racial discrimination, xenophobia and related intolerance,

d)  Examine how their policies and practices affect [list of victims/generic description] and ensure that these policies and practices contribute to the eradication of racism, racial discrimination, xenophobia and related intolerance. (ADOPTED with BRACKETS by WG on 5/9)[see also press release RD/D/42]

235.  Requests the Office of the High Commissioner for Human Rights to pay special attention to violations of the human rights of victims of racism, racial discrimination, xenophobia and related intolerance, in particular migrants, including migrant workers to promote international cooperation in combating xenophobia and, to this end, develop programmes which can be applied in countries on the basis of appropriate cooperation agreements; (ADOPTED by WG on 5/9)

244.  Urges States, in close cooperation with UNESCO,  to promote the implementation of the Declaration and Programme of Action on a Culture of Peace and the objectives of the International Decade for a Culture of Peace and Non‑Violence for the Children of the World started in 2001 and invites UNESCO to contribute to these activities; (ADOPTED by WG on 5/9)

250.  Urges States and international financial and development institutions to mitigate any negative effects of globalization by examining inter alia how their policies and practices affect national populations in general and indigenous peoples in particular; by ensuring that their policies and practices contribute to the eradication of racism through the participation of national populations and, in particular, indigenous peoples in development projects; by further democratizing international financial institutions; and by consulting with indigenous peoples on any matter that may affect their physical, spiritual or cultural integrity; (ADOPTED by WG on 5/9)

252.  Calls upon States to strengthen cooperation, develop partnerships and consult regularly with non‑governmental organizations and all other sectors of the civil society to harness their experience and expertise thereby contributing to the development of  legislation, policies and other governmental initiatives, as well as involving them more closely in the elaboration and implementation of policies and programmes designed to combat racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

253.  Urges leaders from religious communities to continue to confront racism, racial discrimination, xenophobia and related intolerance through, inter alia, promotion and sponsoring of dialogue and partnerships to bring about reconciliation and healing and harmony within and among societies, and invites the religious community to participate in promoting economic and social revitalization and encourages religious leaders to foster greater cooperation and contact between diverse [racial] groups; (ADOPTED by WG on 5/9)

254.  Urges States to establish and strengthen effective partnerships with and provide support, as appropriate, to all relevant actors of civil society, including non-governmental organizations working to promote gender equality and advancement of women, particularly women subject to multiple discrimination, to promote an integrated and holistic approach to the elimination of all forms of discrimination against women and girls; (ADOPTED by WG on 5/9)

255.  Urges States to provide an open and conducive environment to enable non-governmental organizations to function freely and openly within their societies and thereby make an effective contribution to the elimination of racism, racial discrimination, xenophobia and related intolerance throughout the world and promote a wider role for grass-roots organizations; (ADOPTED by WG on 5/9)

256.  Calls upon States to explore means to expand the role of non-governmental organizations in society through, in particular, deepening the ties of solidarity amongst citizens, promoting greater trusts across [racial and] social class divides by  promoting wider citizen involvement and more voluntary cooperation ; (ADOPTED by WG on 5/9)

Paragraphs adopted by Working Group between 6 p.m. and 9 p.m. Wednesday

120.  Urges States to establish, on the basis of statistical information, national programmes, including affirmative or positive measures, to promote the access of [generic description to replace individual and group,…minorities] to basic social services, including primary education, basic health care and adequate housing. (ADOPTED by WG on 5/9)

121.  Recommends that host countries for migrants consider the provision of adequate social services, in particular, in the areas of health, education and adequate housing, as a matter of priority, in cooperation with the United Nations agencies, the regional organisations and international financial bodies, also requests that these agencies provide an adequate response to requests for such services. (ADOPTED by WG on 5/9)

126. Urges States to promote residential integration of all members of the society at the planning stage of urban development schemes and other human settlements, as well as, while renewing neglected areas of public housing so as to counter social exclusion and marginalisation.’ (ADOPTED by WG on 5/9)

127. Urges States to promote and support where appropriate the organization and operation of enterprises owned by [Proposal to replace the listing by a generic descriptionindigenous people, people of minority descent, migrants and other ethnic, racial, cultural, religious and linguistic groups or minorities] by promoting equal access to credits and training programmes; (ADOPTED by WG on 5/9)

128.

(c)  to improve the prospects of targeted groups facing, inter alia, the greatest obstacles in finding, keeping or regaining work, including skilled employment.  Particular attention should be paid to persons subject to multiple discrimination; (ADOPTED by WG on 5/9)

129.  Urges States to give special attention, when devising and implementing legislation and policies designed to enhance the protection of workers’ rights, to the serious situation of the lack of protection, and in some cases, exploitation, as in the case of trafficked persons and smuggled migrants which makes them more vulnerable to ill-treatment such as confinementin the case of domestic workers and also being employed in dangerous and poorly paid jobs; (ADOPTED by WG on 5/9)

131. Encourages States to consider taking measures to increase the recruitment, retention and promotion of women and men [belonging to/all groups which are currently under-represented in the teaching profession as a result of racism, racial discrimination, xenophobia and related intolerance and guarantee them effective equality of access to the profession it.  Particular efforts should be made to recruit women and men who have the ability to interact effectively with all groups; (ADOPTED by WG on 5/9)

189. Urges States, with regard to the procedural remedies provided for in their domestic law, to bear in mind the following considerations: (ADOPTED by WG on 5/9)

(a) Access to such remedies should be widely available, on a non-discriminatory and equal basis; (ADOPTED by WG on 5/9)

(b) Existing procedural remedies should be made known in the context of the relevant action, and victims of racial discrimination should be helped to avail themselves of them in accordance with the particular case; (ADOPTED by WG on 5/9)

(c) Inquiries into complaints of racial discrimination, and the adjudication of such complaints must be carried out as rapidly as possible; (ADOPTED by WG on 5/9)

(d) Persons who are victims of racial discrimination should be accorded legal assistance and aid in the complaint proceedings, where applicable free of charge and, where necessary, should be provided with the help of competent interpreters in such complaint proceedings or in any civil or criminal cases arising therefrom or connected thereto; (ADOPTED by WG on 5/9)

(e) The creation of competent national bodies to effectively investigate allegations of racial discrimination and to give protection to complainants against intimidation or harassment is a desirable development and should be undertaken; (ADOPTED by WG on 5/9)

(i) The development of restorative justice policies and programmes for the benefit of victims of relevant forms of discrimination is desirable and should be seriously considered; (ADOPTED by WG on 5/9)

(j) States which have acceded to article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination should make increased efforts to inform their public of the existence of the complaints mechanism under article 14; (ADOPTED by WG on 5/9)

   Paragraphs Adopted between 9 p.m. and midnight on Wednesday

132.  Calls upon States and encourages representatives of trade unions and the business sector to advance non-discriminatory practices at the work place and protect the rights of workers including in particular, the victims of racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

133.  Calls upon States to provide effective access to administrative and legal procedures and other remedial action to victims of racism, racial discrimination, xenophobia and related intolerance at the work place. (ADOPTED by WG on 5/9)

151.     Urges States to:

(a)  adopt and implement laws that prohibit discrimination [on the basis of race, colour, descent or national or ethnic origin] at all levels of education, both formal and non-formal;

(b)  take all appropriate measures to eliminate obstacles limiting the access of children to education;

(c)  ensure that all children have access without discrimination to education of good quality;

(d)  establish and implement standardised methods to measure and track the educational performance of disadvantaged children and young people;

(e)  to commit resources to eliminate where they exist, inequalities in educational outcomes for children and young people;

(f)  support efforts to ensure safe school environments free from violence and harassment motivated by racism, racial discrimination, xenophobia or related intolerance;  and

(g)  consider establishing financial assistance programmes designed to enable all students, [regardless of race, colour, descent or ethnic or national origin], to attend institutions of higher education; (ADOPTED by WG with brackets on 5/9)

153.     Urges States to ensure equal access to education for all in law and in practice and to refrain from any legal or any other measures leading to imposed racial segregation in any form in access to schooling; (ADOPTED by WG on 5/9)

154. Urges States to commit themselves to ensuring access to education, including access to free primary education for all children, both girls and boys and access for adults to lifelong learning and education, based on respect for human rights, diversity and tolerance, without discrimination of any kind; (ADOPTED by WG on 5/9)

147/149 (sections merged)  Encourages all States, in cooperation with the United Nations, UNESCO and other relevant international organizations, to initiate and develop cultural and educational programmes aimed at countering racism, racial discrimination, xenophobia and related intolerance, in order to ensure respect for the dignity and worth of all human beings and enhance mutual understanding amongst all cultures and civilizations.  It further urges States to support and implement public information campaigns and specific training programmes in the field of human rights, where appropriate formulated in local languages, to combat racism, racial discrimination, xenophobia and related intolerance and promote respect for the values of diversity, pluralism, tolerance, mutual respect, cultural sensitivity, integration and inclusiveness, Such programmes and campaigns should be addressed to all sectors of society, in particular children and young people; (ADOPTED by WG on 5/9)

157.  Urges States to introduce and, as applicable, to reinforce anti-discrimination and anti-racism components in human rights programmes in school curricula, to develop and improve relevant educational material, including history and other textbooks and to ensure that all teachers are effectively trained and adequately motivated to shape attitudes and behavioural patterns, based on the principles of non-discrimination, mutual respect and tolerance; (ADOPTED by WG on 5/9)

148.  Calls upon States to ensure that education and training, especially teacher training, promote respect for human rights and the fight against racism, racial discrimination, xenophobia and related intolerance and that educational institutions implement policies and programmes agreed by the relevant authorities on equal opportunities, anti-racism, gender equality, cultural, religious and other diversity, with the participation of teachers, parents and students, and follow-up their implementation.  It further urges all educators, including teachers at all levels of education, religious communities and the print and electronic media to play an effective role in human rights education including as a means to combat racism, racial discrimination, xenophobia and related intolerance; (ADOPTED by WG on 5/9)

164.  Urges States to strengthen the human rights training and awareness-raising activities designed for immigration officials, border police and staff of detention centres and prisons, local authorities and other civil servants in charge of enforcing laws, as well as teachers, with particular attention to the human rights of migrants, refugees and asylum seekers, in order to prevent acts of racial discrimination and xenophobia avoid situations where prejudices lead to decisions based on racism, racial discrimination, xenophobia or related intolerance; (ADOPTED by WG on 5/9)

* *** *