26 February 2009
Revised
version of the technically reviewed text (A/CONF.211/PC/WG.2/CRP.2)
submitted
by the Chairperson-Rapporteur of the intersessional open-ended working group
mandated to continue and finalize the process of negotiations on and drafting
of the outcome document1
Note
by the Secretariat:
This is the text as it stands upon completion
of the first reading by the working group. Highlighted provisions were adopted
ad referendum; provisions not highlighted remain to be negotiated. Bold text in
brackets reflects proposals by Member States. Any proposals made to the text
during the informal consultations, including the paragraphs that were adopted
ad referendum, are still to be endorsed at a formal meeting of the ISWG.
1 Reflecting
the status of negotiations as at 1.15 pm, Thursday, 26 February 2009.
1
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
A. Sources,
causes, forms, and contemporary manifestations of racism, racial
discrimination, xenophobia and related intolerance
(General provisions on DDPA,
human rights, human dignity, cultural diversity, multiculturalism, sources,
causes, forms, manifestations, political will, obstacles)
NEW PARA: 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; [Adopted ad
ref.]
1. [Emphasizes] the need to [identify/address
all forms and] [eradicate all] manifestations of racism, racial
discrimination, xenophobia and related intolerance [in all parts of the world]
[as identified in the DDPA, including contemporary manifestations],
especially in light of developments and challenges that have occurred since the
adoption of the DDPA [with a view to prevent,] and to combat [and
eradicate] those manifestations wherever they occur;
2. [Emphasizes] [Notes] that the DDPA [constitutes
a solid foundation for] [is an important milestone in] the collective
struggle of mankind against racism, racial discrimination, xenophobia and
related intolerance. [Since its adoption] [As a result of the collective
resolve expressed by the UN family in 2001 in Durban], a number of countries
have taken [substantial] steps to incorporate and implement the DDPA in
their national policy framework. [While] others have worked to
streamline their policies in accordance with the DDPA, [there [are
still many] remain areas where achievements have not been gained or
further improvements have to be attained] [All these steps and efforts
indicate progress in many cases;]
ALT: Others have worked to
streamline their policies in accordance with the DDPA. All these steps and
efforts indicate progress in many cases. [Nevertheless it is troubling that
there are still many where achievements have not been gained or further
improvements have to be attained];
3. [Affirms that the [effective implementation of
the DDPA can contribute to combating racist and xenophobic trends] [failure
to fully implement the DDPA [has contributed to] [would result in] the
intensification of worrying racist and xenophobic trends,] including the
political instrumentalization and intellectual legitimization of racism as well
as racist violence;]
2
4. Notes the
continued existence of racism, racial discrimination, xenophobia and related
intolerance, and inequality in all spheres of human life, and non compliance
with specific obligations in the promotion and protection of equality at the
national, regional and international levels and reaffirms the obligation of
States to take action in this respect; [Adopted ad ref.]
5. [Notes that other obstacles hampering progress in
the collective struggle against racism and racial discrimination include [first
and foremost the absence of political will, the denial of the existence of
contemporary racist tendencies,] weak [national] legislation and
policies, lack of effective strategies, [lack of political will,] lack
of implementation of international legal framework and commitments, impunity on
different grounds [ – including [[negative] abuse of] freedom of
expression, [counter-terrorism, and national security] [stereotypical
association of religion with terrorism and violence by the media and national
security forces]– as well as an increase in extreme right wing xenophobic
political platforms. Hence the need [arises] to deal with this menace in
all its forms and manifestations with all available tools at our disposal];]
6. Underlines that racial discrimination condoned by
governmental and state agencies, policies and practices violates human rights
and may endanger friendly relations between peoples, cooperation among nations,
and international peace and security; [Adopted ad ref.]
7. Confirms that [recognition of and full]
respect for cultural diversity [and multiculturalism] [contributes to
combating racial discrimination] [is an important tool to combat racial
discrimination] [Stresses that the respect for cultural diversity is a
fundamental principle to combat racial discrimination.] [while bearing
in mind the significance of national and regional particularities, as well as
social, cultural and religious backgrounds, it is reiterated that they may not
be invoked to disregard [internationally accepted] [international
human rights law] [human rights and fundamental freedoms] [while
reiterating that cultural particularities cannot be invoked to [disregard]
[derogate] [from] international human rights law];
8. [Alarmed at the intellectual and political [opposition]
[resistance] to [cultural diversity,] multiculturalism, which is one of
the root-causes of the resurgence of racist and xenophobic violence, reiterates
that rejection of diversity has led to the negation of the very humanity of the
immigrant, foreigner and other racial and religious minorities;]
ALT: Reiterates that the rejection of diversity is one of
the root causes of the resurgence of racist and xenophobic violence;
(Racist theories, ideologies,
doctrines, incitement to racial hatred, nationalist ideologies, national
preference theories)
NEW PARA: Reaffirms that all peoples and individuals constitute
one human family, rich in diversity, and that all human beings are born free,
equal in dignity and rights and strongly rejects
3
any doctrine of racial superiority along with theories which attempt to
determine the existence of so-called distinct human races; [Adopted ad ref.]
9. Notes [with concern the continued
existence/persistence of] [that] racist theories and ideologies of [racial]
[national] superiority [which [are linked to]] [can find their
roots] inter alia in the [failure to implement the DDPA], lack of proper
education, abuse of information technology, and absence of affirmative action
in favour of vulnerable groups [and failure to comprehensively implement the
DDPA];
10. [[Expresses concern] [Notes] that one of the
principal reasons fomenting the tide of racism is the [lack of understanding
of the history and cultures of different peoples,] [growing increase in the
right wing extremist political discourse, including in [some of the most]
liberal and pluralistic societies. This trend has led to the deepening of the
racist tendencies [in those societies] through propaganda against immigrants
and promotion of cultural and religious superiority doctrines [and] [impunity]
[Immunity] granted to such acts has led to denial of basic human rights to the
affected communities including their right to freely practice and preserve
their religious and cultural identities;]
11. [Expresses] [Notes with] deep concern [at]
the widening use by some groups and organizations of the opportunities provided
by print, audio-visual and electronic media as well as scientific and
technological progress, such as the Internet, to promote racist and xenophobic
propaganda aimed at inciting societies throughout the world to racial [and
religious] hatred;
12. Resolutely condemns [all propaganda and all
organizations which are 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 racial hatred and discrimination in any form and calls upon States
in accordance with their obligations under human rights law to adopt immediate
and positive measures designed to eradicate all incitement to or acts of such
discrimination] [any ideologies and practices based on racial discrimination
or superiority which entail abuse of human rights and fundamental freedoms, and
affirms that all States have the obligation to take all available measures to
combat ideologies, activities and practices based on racial discrimination or
superiority];
(Racist crimes, hate crimes,
urban violence)
13. 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; [Adopted ad ref.]
NEW PARA: Regrets that urban violence affects migrants and other
minorities who could be victims of neo-Nazi groups and other violent groups; [To
be discussed]
4
(Poverty and racism)
14. Considers that poverty and social exclusion
affecting certain sectors of society [may contribute to the occurrences of
various forms of [racial] discrimination [which in turn
contribute to the persistence of racist attitudes and practices and generate
more poverty] [are cross-cutting themes relating to the various forms of
discrimination];
ALT: 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 [and are cross-cutting themes
relating to the various forms of discrimination];
ALT 2: Regretting that commitments made in paragraphs 157 and
158 of the DDPA remain unfulfilled;
(Armed conflict, ethnic,
tribal violence, war crimes, crimes against humanity, genocide)
NEW PARA: 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];
15. [Deplores the numerous occurrences of [armed]
[internal] [and international] conflicts and inter-ethnic and
intra-religious or communal violence, including those that appear to be based on
tribal lines, which have lead to casualties and killings, torture, massive
displacement, rape and destruction of property and infrastructures, war crimes,
crimes against humanity and genocide;]
16. Emphasizes
that the multiple factors of a situation that might lead to genocide, as
defined in the Convention on the Prevention and Punishment of the Crime of
Genocide, include the resurgence of systematic discrimination, the prevalence
of expressions of hate speech targeting persons belonging to national, ethnic,
racial or religious groups, [especially in the context of serious and
systematic violation of human rights] [especially if they are uttered in
the context of an actual or potential outbreak of violence, and serious and
systematic violation of human rights] [and requests States to respect and
implement the responsibility to protect in conformity with paragraphs 138 and
139 of the World Summit Outcome]; [Proposal to move second part to
section 5]
17. Reiterates that [non-discrimination]
[freedom from discrimination] [including] on the ground of race, [colour,
descent or national or ethnic origin] is a fundamental principle of
international humanitarian law and [underscores the need for] [urges]
all parties to armed conflicts to abide scrupulously by the rules laid down in
this body of law [and continue to combat all forms of racial discrimination][prohibiting
adverse distinction];
18. [Deplores also the use of Government-aligned or
-organized irregular militia to oppress, murder and displace ethnic populations;]
5
ALT/NEW PARA: Re-emphasizes
State obligations in situations of armed conflict and territories falling under
their effective control where protection provided by international law is at
its weakest level;
(Slave trade, traditional
forms of slavery, colonialism, historic injustices, remembering past tragedies,
apologies)
NEW PARA: Acknowledging that slavery and the transatlantic slave
trade were appalling tragedies in the history of humanity and were a crime
against humanity;
19. [Pays tribute to countries and personalities who
lent their valuable support to Africa during its struggle against
institutionalized racism, colonialism and apartheid;]
NEW PARA: Recognizes that individuals, groups, peoples and
nations that are affected by [the violation of] [discriminatory]
policies and practices, such as colonialism, slavery and ethnic cleansing based
on theories of racial national superiority, hatred and distinction as to race,
colour, or national or ethnic origin, as well as culture, religion and language
as victims of racism, racial discrimination, xenophobia and related intolerance
and have the right to address these scourges;
20. Welcomes the actions taken to commemorate the
memory of victims of slavery and the slave trade in particular the transatlantic
slave trade [and the abolition of those historic tragedies and including the
establishment of national, regional-hemispheric bicentennial committees to
commemorate the bicentenary of the abolition of the transatlantic slave trade [and
stresses the need to similarly address the trans-Saharan slave trade and the
slave trade in the Indian Ocean.] [Also]Welcomes the adoption of GA
Resolutions 61/19 and 62/122 related to the abolition of the transatlantic
slave trade and remembrance of its victims and, in particular, the designation
of 25 March as the International Day of Remembrance of the Victims of Slavery
and the Transatlantic Slave Trade [as a complement to the existing
International Day for the Remembrance of the Slave Trade and its Abolition of
UNESCO]];
NEW PARA: Further welcomes the initiative of the States
Members of the Caribbean Community to erect at a place of prominence at United
Nations Headquarters that is easily accessible to delegates, United Nations
staff and visitors, a permanent memorial in acknowledgement of the tragedy and
in consideration of the legacy of slavery and the transatlantic slave trade;
21. [Appreciates the expressions of regret or remorse,
apologies or payment of reparations, or restitution of cultural artifacts that
have been forthcoming since the adoption of the DDPA;]
ALT: Appreciates the actions of those countries that have,
in the context of colonialism and slavery, expressed remorse, apologized, paid
reparations or restituted cultural artifacts since the adoption of the DDPA;
6
(Racial profiling, counter-terrorism)
22. [Strongly deplores the [overt and covert]
discriminatory] [Draws attention to the impact of] counter-terrorism
measures [on] [that have led to] the rise of racism, racial
discrimination, xenophobia and related intolerance [including the practice of
racial, ethnic, national and religious profiling];
NEW PARA: Also condemns all acts of ethnic, racial or
religious profiling and segregation in any society, wherever it may occur, and
its concomitant negative impact on the human rights of affected segments of
population [and urges States to take resolute action against those responsible
both in the public and private sectors]; [Proposal to move to section 5].
NEW PARA: Reaffirms that counter-terrorism strategies should
not undermine the protection of human rights and the fight against racism,
racial discrimination, xenophobia and related intolerance;
(Freedom of religion,
incitement to religious intolerance, hatred, or violence, defamation of religion,
freedom of expression)
23. Reaffirms the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief and
expresses concern over intolerance[s] and discrimination [practiced,
misusing religions or belief] [on the grounds] [and] [in the
name] of religion or belief;
24. Recognizes with deep concern the global rise in
the number of incidents of intolerance and violence against members of
religious minorities in various parts of the world [in particular]
motivated by [different forms of religious intolerance] [Islamophobia,
anti-Arabism, anti-Semitism and Christianophobia];
ALT: Recognizes with deep concern the global rise in the
number of incidents of intolerance and violence against members of religious
minorities in various parts of the world;
25. Condemns any advocacy of racial or religious
hatred which constitutes incitement to discrimination, hostility or violence,
and recognizes that only a competent, independent and impartial tribunal
established by law may determine, case by case, in a fair and public hearing,
whether the facts presented qualify as incitement to racial or religious hatred
[prohibited by law];
ALT: Condemns any advocacy of racial or religious hatred
which constitutes incitement to discrimination, hostility or violence, and [should
be prohibited by law;]
26. [[Seriously concerned at the] [Notes with
concern] instances of defamation of religions, which manifests itself in [projecting
negative, insulting and derogatory images of religions and religious
personalities,] generalized and stereotypical association of religions, in
particular Islam, with violence and terrorism, thus impacting negatively on the
rights of individuals belonging to these religions, including Muslim minorities,
and
7
exposing them to hatred and discrimination. Such
situations are further aggravated by the imposition of restrictions on the
profession of religions, including [the surveillance of places of worship
and restrictions on their construction] [the construction of places of
worship and their surveillance];]
27. Notes that discrimination on multiple grounds of
religion, ethnicity or culture further affects enjoyment by religious
minorities of their basic human rights including economic, social and cultural
rights;
ALT: Welcomes measures to address the phenomenon of
multiple and aggravated forms of [racial] discrimination;
28. Reaffirms a holistic approach to human rights
guaranteeing the indivisibility of all human rights, and stresses that [fundamental
freedoms of expression and association should continue to contribute and
promote the positive and desirable phenomenon of multiculturalism, respect for
cultural diversity and tolerance among all religions, peoples and societies.]
[the fight against racial and religious hatred should not serve as a pretext to
legitimize impermissible limitations to freedom of expression] [as the right
to freedom of expression constitutes one of the essential foundations of a
democratic society as it ensures individual self-fulfillment and a pluralistic,
tolerant society with access to multitudes of ideas and philosophies];
ALT/NEW PARA: Reiterates that freedom of religion or belief, freedom
of opinion and expression and non-discrimination are interdependent and stresses
the need to strengthen the process of effectively adjudicating cases associated
with incitement to national racial and religious hatred in accordance with the
permissible limitations under article 20 of the ICCPR and analogous
instruments;
NEW PARA: Recognizes the importance of the positive role that
can be played by the media in this context in particular through a responsible
media that abstains from diffusing hate or defamatory information and that
engages to fight against such practices;
(Holocaust) [Proposal to change title]
29. [Affirms that the Holocaust, which resulted in the
murder of one third of the Jewish people, along with numerous members of other
minorities, will forever be a warning to all people of the dangers of hatred,
bigotry, racism and prejudice; recalls again that the Holocaust must never be
forgotten;]
ALT: Recalls that the Holocaust must never be forgotten;
[NEW PARA: Recalls and
urges States to implement United Nations General Assembly resolutions 60/7 and
61/255 which observed that remembrance of the Holocaust is critical to prevent
further acts of genocide, condemned without reservation any denial of the
Holocaust and urged all Member States to reject denial of the Holocaust as a
historical event either in full or in part or in any activities to this end;] [Proposal
to move to section 5]
8
[(Middle East)] [Proposal
to delete cluster]
30. [Expresses deep concern at the practices of racial
discrimination against the Palestinian people as well as [Syrian nationals
of the occupied Syrian Golan] [other inhabitants of the Arab occupied
territories] which have an impact on all aspects of their daily existence and
prevent the enjoyment of fundamental rights, and renews the call for the
cessation of all such practices;]
31. [Reiterates that the Palestinian people have the
inalienable right to self determination and that, in order to consolidate the [Israeli]
occupation, they have been subjected to unlawful collective punishment,
torture, economic blockade, severe restriction of movement and arbitrary
closure of their territories. Also notes [with concern] that illegal
settlements continue to be built in the occupied [Arab] territories [since
1967];]
32. [Reaffirms that a foreign occupation founded on
settlements, laws based on racial discrimination with the aim of continuing
domination of the occupied territory[y][ies], as well as the practice of
reinforcing a total military blockade, isolating towns, villages and cities
from one another, [totally] contradicts the purposes and principles of
the Charter of the United Nations [and constitutes a serious violation of
international human rights and humanitarian law, a crime against humanity, a
contemporary form of apartheid and serious threat to international peace and
security] [and violates the basic principles of international human
rights law];]
[NEW PARA: Expresses
deep concern at the plight of Palestinian refugees and other inhabitants of the
Arab occupied territories as well as displaced persons who were forced to leave
their homes because of war and racial policies of the occupying power and who
are prevented from returning to their homes and properties because of a
racially-based law of return. It recognizes the right of return of Palestinian
refugees as established by the General Assembly in its resolutions,
particularly resolution 194 of 11 December 1948, and calls for the return to
their homeland in accordance with and in implementation of this right;]
33. [Reiterates deep concern about the plight of the
Palestinian people [as well as inhabitants of the other occupied territories]
under foreign occupation, [including the obstruction of the return of
refugees and displaced persons, and the construction of the segregation wall,]
and urges respect for international human rights law, international refugee law
and international humanitarian law, and calls for a just, comprehensive and
lasting peace in the region;]
34. [Re-emphasizes the responsibility of the
international community to provide international protection, in particular from
racism, racial discrimination, xenophobia and related intolerance, for [Palestinian]
civilian populations under occupation in conformity with international human
rights law and international humanitarian law;]
[Proposal to include reference
to Gaza situation – language to be provided]
9
B. Victims
of racism, racial discrimination, xenophobia and related intolerance
(General provisions on
victims, grounds of discrimination)
35. [Acknowledges that all victims should receive the
same attention, the same treatment and the same protection and that there
should be no hierarchy among potential victims];
ALT: Acknowledges that there should be no hierarchy among
potential victims of racism, racial discrimination, xenophobia and related
intolerance and that all victims should receive [same attention, protection
and treatment] [equal and proper attention] [equal attention and
appropriate treatment] [adequate] [appropriate] [attention
and treatment] [equal attention, the same protection and appropriate
treatment] [proper attention and proper treatment] in order to ensure the
full enjoyment of their human rights;
NEW PARA: Emphasizes that victims’ right to access to justice
is of [paramount] [special] importance to victims of racial
discrimination in the light of their vulnerable situation, socially, culturally
and economically, [and [further emphasizes the need for equality for victims
in legal systems] [further emphasizes the need for equal treatment
before the law] that the principle of equality of victims in legal systems
is meaningless unless it is accompanied by affirmative action]; [Proposal to
move to section 5]
[NEW PARA: Affirms that
there still exists a great knowledge gap to be addressed regarding the central
role of the transatlantic slave trade in shaping the modern world and that a
great challenge remains to restore the dignity of the victims of this
unparalleled tragedy of humanity;]
(Africans and people of
African descent)
36. Regrets recent attempts at the [pseudo]
intellectual and [allegedly] [pseudo] scientific legitimization
of racism [on the grounds of descent], in particular the revival of
negative stereotyping of Africans and People of African descent [as inferior
to other races, as slavery and colonialism have originated in such misguided
ideas];
37. Identifies
progress made in legislation and measures adopted by States to correct
inequalities in access to education, health, housing, justice and employment by
people of African descent; [Adopted ad ref.]
[NEW PARA: Notes the need
to bolster measures that promote and broaden access to opportunities for a
greater and better participation by people of African [and Asian]
descent and indigenous peoples in political, economic, social and cultural
aspects of society, together with measures that ensure that national political
and legal systems reflect society’s cultural diversity, particularly as regards
women, and acknowledge the various systems and forms of representation;] [Move
to cluster on general provisions]
(People of Asian descent)
[NEW PARA: Expresses
concern at the high incidence of racially motivated acts of violence and
intolerance against [Asians and] people of Asian descent;]
10
[NEW PARA: Recognizes that in many parts of the world, Asians and
people of Asian descent continue to face barriers as a result of social biases,
negative stereotypes, and discrimination and expresses the 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;]
(Indigenous people[s])
38. Notes [some] progress in the adoption of
legal and administrative measures to promote, protect and ensure the exercise
by indigenous peoples of their rights, to enhance and strengthen their ethnic, cultural,
religious and linguistic identities, and to ensure the exercise of their human
rights and fundamental freedoms on an equal footing, free of discrimination,
and their full and free participation in all spheres of society, particularly
in matters that affect or interest them [Regrets however that racism, racial
discrimination, xenophobia and related intolerance still persists in an
implicit and explicit manner against indigenous peoples and individuals];
39. [Welcomes] [Notes with appreciation] the
adoption of the UN Declaration on the Rights of Indigenous Peoples and
the creation of the Permanent Forum on Indigenous Issues [and the Expert
Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the
human rights and fundamental freedoms of indigenous peoples], which have a
positive impact on the protection of victims [and underlines that the use of
the term “indigenous peoples” should be understood in the context of the
adoption of the Declaration];
[Proposal to change order of paras.
38 and 39]
[NEW PARA: Stresses the
importance of making progress in putting in place [affirmative action policies]
[special measures] in key sectors, such as access to education and
employment, health and social security, political participation and investment
in infrastructure that benefits communities in which people of African [and
Asian] descent, indigenous peoples and other groups suffering from
discrimination live;] [Proposal to move to general provisions or section 5]
[NEW PARA: Recognizes
also that indigenous peoples have been victims of [racism, racial
discrimination, xenophobia and related intolerance] [discrimination] for
centuries and affirms that they are free and equal in dignity and rights and
should not suffer from any discrimination particularly on the basis of their
indigenous origin and identity and stresses the continuing need for action to
overcome [those] [them] [the persistent racism, racial
discrimination, xenophobia and related intolerance that affect them;]]
40. Identifies some progress in the adoption of
legal and administrative measures to promote, enhance and strengthen the
ethnic, cultural, religious and linguistic identities of indigenous peoples and
to establish conditions for the respect thereof; [Agreed]
11
(Migrants, refugees, asylum seekers, IDPs, stateless persons)
[NEW PARA: Urges States
to adopt comprehensive measures based on international law and relevant
instruments including the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families;] [Proposal to
move to section 5]
[NEW PARA: [Welcoming
the entry into force of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families] [Notes that
several States have not yet acceded] [Regrets that some States have
refrained so far from acceding] to the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families
[and reiterates its appeal to these States to do so as soon as possible];] [Proposal
to move second part to section 5]
41. [Recognizes that [racist [discriminatory]
and xenophobic attitudes] [xenophobia] against non-nationals,
particularly migrants, refugees and asylum-seekers [internally displaced
persons and stateless persons], constitutes one of the main sources of
contemporary racism [in [all] [different] [certain]
parts of the world] and that human rights violations against members of
[such] [these] groups occur widely [in the context of discriminatory, xenophobic
and racist practices] [in [all] [different] [certain]
parts of the world];]
42. Deplores
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 targeting
of migrants, refugees and asylum seekers; [Adopted ad ref.]
43. Stresses the seriousness of the rise in racist and
xenophobic manifestations and practices at points of entry to countries,
reception areas and waiting zones, and stresses that it is [contrary to
international human rights law] [inhuman and degrading] for such areas to
be “no-rights” zones for non-citizens in general, and for migrants, refugees
and asylum seekers in particular;
ALT: Stresses the seriousness of the rise in racist and
xenophobic manifestations and practices at points of entry to countries,
reception areas and waiting zones, and [also] stresses that human rights
[must] [are to] be [respected] [applied] in such areas for
non-citizens in general, and for migrants, refugees and asylum seekers in
particular;
44. Recognizes the need to strengthen efforts towards
fighting against [irregular] [illegal] migration and the smuggling of
migrants, which may lead to violence, discrimination, exploitation and abuse,
and reiterates the importance of [promoting and] protecting the [human]
rights [and fundamental freedoms] of migrants [regardless of their [immigration]
status] [whether regular or irregular];
ALT: Reiterates the importance of
protecting the human rights of migrants, whether regular or irregular, and
recognizes the need to strengthen efforts towards fighting against smuggling of
migrants, which may lead to violence, discrimination, exploitation and abuse;
12
45. [Recalls the obligation of States to pass and
propose legislation in accordance with their] [Expresses deep concern at
passed or proposed legislation that counters] [obligations] [commitments
made] under international human rights law [and standards], in
particular with respect to the [dignity and human] rights [and
fundamental freedoms] of migrant workers and the members of their families;
46. Recognizes
the need for a [[comprehensive], [balanced] and rights-based]
[comprehensive and balanced] approach in dealing with migration issues,
including by strengthening [comprehensive] international dialogue on [all
forms of] migration, developing real partnerships between countries of
origin, transit and destination and exploring all possible synergies between
management of migration, [protection of human rights] [human rights
of migrants] and the promotion of development [while ensuring that the
human rights of migrants are fully protected]; [Proposal to move to
section 5]
ALT: Recognizes the need for a [comprehensive,
balanced and human rights focused] [comprehensive,] [balanced [and
rights-based]] approach in dealing with migration issues [in respect to
the human rights of migrants], including by strengthening [comprehensive]
[broad] international dialogue on [all aspects of] migration,
developing real partnerships between countries of origin, transit and
destination and exploring all possible synergies between management of
migration and the promotion of development [while fully respecting the rights
of migrants];
47. Reiterates that [the] [national and] [regional]
international response and policies, including financial assistance, towards
refugee [and internal displacement] situations in different parts of the
world [must] [should] not be guided by [any form of discrimination
prohibited by international law] [considerations of race, color, descent,
national or ethnic origin, [nor discriminatory considerations on the basis
of culture, religion and language] [nor based on the culture, religion and
language of the refugees]], and urges the international community to [take
concrete action to meet the protection and assistance needs of refugees,
returnees and displaced persons and to contribute generously to projects and
progammes aimed at alleviating their plight and facilitating durable solutions
for refugees and displaced persons] [grant [economic and financial]
assistance to affected States [in a more balanced and objective manner],
particularly in the developing world, in order to [help them] adequately
address refugee [and internal displacement] crises, and [to] remove the
root causes of displacement;]
NEW PARA: Recalls the
human rights and humanitarian dimensions of the problem of internally displaced
persons, including in long-term displacement situations, and the
responsibilities of States and the international community to strengthen
further their protection and assistance without any discrimination; [Adopted
ad ref. at informals]
48. [Urges States to refrain from taking
discriminatory measures and from enacting or maintaining legislation that would
arbitrarily deprive persons of their nationality on grounds of race, color,
gender, religion, or national or ethnic origin, especially if such measures and
legislation render a person stateless;]
13
ALT: Stresses the seriousness of
States arbitrarily depriving persons of their nationality or arbitrarily
denying them acquisition of nationality, in particular on grounds of race,
colour, gender, religion or national or ethnic origin, especially if such
measures and legislation render or leave persons stateless;
(Roma, Gypsies, Sinti,
Travellers)
49. Recognizes with deep concern the persistence of
racism, racial discrimination, xenophobia and related intolerance against
Roma/Gypsies/Sinti/Travellers, and expresses concern over the violence
affecting these communities; [Adopted ad ref. at informals]
(Ethnic, linguistic and
religious minorities)
50. Welcomes
efforts aimed at developing consultation with bodies representing persons
belonging to minorities; [Adopted ad ref. at informals]
51. Expresses deep concern at the resurgence of racist
and xenophobic violence targeting members of ethnic, religious [or] cultural
communities and [national] minorities;
ALT: Expresses deep concern at the numerous occurrences of
racist and xenophobic violence, including inter-ethnic violence and internal
conflicts targeting members of national, ethnic, religious or linguistic
minorities;
52. Affirms that the identity of persons belonging to
national or ethnic, religious and linguistic minorities must be protected and
that such persons should be treated equally and enjoy their human rights and
fundamental freedoms without discrimination of any kind, [including
discrimination based on work and descent];
53. Acknowledges that a most disturbing phenomenon
is the intellectual and ideological validation of Islamophobia. When it is
expressed against migrants it takes the form of religious-ethnic or
religious-racial tones, when it is expressed in the form of defamation of
religions, it takes cover behind the freedom of expression and when it is
expressed in the form of profiling, it hides behind the war against terrorism.
Believes that association of terrorism and violence with Islam or any other
religion, including through publication of offensive caricatures and making of
hate documentaries, would purposely complicate our common endeavours to address
several contemporary issues, including the fight against terrorism and the
occupation of foreign territories and peoples; [Agreed at informals]
ALT: Believes that association of terrorism and violence
with any religion including through publication of offensive caricatures and
making of hate documentaries, would purposely complicate our common endeavours
to address several contemporary issues, including the fight against terrorism
[and the occupation of foreign territories and peoples]. In this context,
acknowledges that one of the most disturbing phenomenon is the intellectual and
ideological validation of Islamophobia;
14
ALT 2: Acknowledges manifestations of
intolerance against religious minorities which manifest itself in different
forms including in inter-ethnic violence and internal conflicts, targeting of
religious and cultural communities, and stereotyping of social behavior;
(Trafficking)
54. Recognizes that victims of trafficking are
particularly exposed to racism, racial discrimination, xenophobia and related
intolerance and that women and girl victims are often subject to multiple forms
of discrimination and violence, including on the grounds of their gender, age,
ethnicity, culture and religion, as well as their origins, and that these forms
of discrimination themselves [constitute one of the major causes of
trafficking in persons] [may fuel trafficking in persons];
55. Recognizes the need to provide practical,
rights-based approach [policy guidance] on the prevention of trafficking and
the protection of trafficked persons with a view to facilitating the
integration of a human rights perspective into national, regional, and
international anti-trafficking laws, policies and interventions;
ALT: Expresses concern at the low pace and ineffectiveness
of measures implemented and policies adopted to prevent and combat trafficking
in persons, and emphasizes the protection of and assistance to victims of
trafficking in persons and to embark upon a wide range of collective and
cooperative-based measures, including inter alia, criminalization of
trafficking in persons, particularly women and children, and development of action
plans, best practices, standards and procedures for preventing and combating
trafficking in human beings with a view to its total eradication;
[Proposal to move
action-oriented elements to section 5]
56. Notes efforts by States and organizations to
prevent and combat trafficking in persons and to enhance the protection of and
assistance to victims of trafficking in persons, for instance the development
of action plans and best practices, standards and procedures for combating and
preventing trafficking in human beings [and protecting its victims];
[Proposal to merge paras. 55
and 56]
ALT MERGED PARA: Recognizes the efforts by States and organizations to
prevent and combat trafficking in persons and to enhance the protection of and
assistance to victims of trafficking in persons with a view to facilitating the
integration of a human rights perspective into national, regional, and
international anti-trafficking laws, policies and interventions;
(Contemporary forms of
slavery)
57. Recalling that slavery and slavery-like practices
were recognized in the DDPA as [flagrant violations of human rights]
[crimes against humanity], recognizes that victims of slavery and slavery-like
practices are particularly exposed to racism, racial discrimination, xenophobia
and related intolerance and that women and girl victims are
15
often subject to multiple forms of discrimination and
violence, including on the grounds of their gender, age, ethnicity, culture and
religion, as well as their origins, and that these forms of discrimination
themselves may [may lead to] [fuel] slavery and slavery-like practices;
58. Deplores
the lack of willingness of certain countries to adopt measures to end
enslavement and slavery-like practices, including contemporary forms of slavery,
debt bondage, slavery, sexual exploitation or labour exploitation, which
constitute flagrant violations of human rights; [Adopted ad ref. at
informals]
59. Stresses that the [practices] [issue] of
contemporary forms of slavery] [including against migrants, refugees and
asylum-seekers] [and its different manifestations, including [forced]
prostitution, unequal wages and imposing all kinds of restrictions depriving
people from the enjoyment of their civil, political and particularly economic
rights] need[s] to be [investigated and well-documented by relevant
United Nations bodies wherever it occurs and] given greater prominence and
priority if these practices are to be eradicated once and for all; (para 16
section 1)
ALT: Stresses that contemporary forms of slavery in its
different manifestations need to be investigated by different stakeholders and
given greater prominence and priority if these practices are to be eradicated
once and for all;
NEW PARA: Recognizes that inadequate responses to natural and
human made disasters may lead to exclusion of marginalized groups and sectors,
including those that face discrimination on the basis of ethnicity, descent,
religion and sex, which may result in various forms of discrimination in
delivery of relief and humanitarian assistance, reconstruction and development
processes; [To be discussed]
(Multiple discrimination)
60. Reiterates that [multiple] [forms of]
discrimination [on any ground, including sex, race, colour, ethnic or social
origin, genetic features, language, religion or belief, political or other
opinion, membership of a national minority, property, birth, disability, age or
sexual orientation] [on multiple grounds], as laid down in the DDPA,
further affects the enjoyment of [basic] human rights and can lead to
particular targeting or vulnerability (merger paras 3, 52 section 1), and
welcomes measures to address multiple and aggravated forms of discrimination,
particularly the efforts to adopt or improve penal or civil legislation in
order to address these phenomena;
61. [Notes with concern increased instances of
discrimination on the multiple grounds [including sex, race, colour, ethnic
or social origin, genetic features, language, religion or belief, political or
any other opinion, membership of a national minority, property, birth,
disability, age or sexual orientation] [of race and religion] since 2001. [When
it is expressed against migrants, it takes the form of religion-ethnic or
religious-racial tones, when it is expressed in the form of defamation of
religions or
16
religious personalities, it takes cover behind the
freedom of expression and when it is expressed in the form of profiling, it
hides behind the war against terrorism];]
[Proposal to merge paras. 60
and 61]
ALT MERGED PARA: Notes with concern increased instances of
discrimination on multiple grounds and reiterates that [multiple] [forms
of] discrimination [on any ground, including sex, race, colour, ethnic
or social origin, genetic features, language, religion or belief, political or
other opinion, membership of a national minority, property, birth, disability,
age or sexual orientation] as laid down in the DDPA, further affects the
enjoyment of [basic] human rights and can lead to particular targeting or
vulnerability (merger paras 3, 52 section 1), and welcomes measures to address
multiple and aggravated forms of discrimination, particularly the efforts to
adopt or improve penal or civil legislation in order to address these
phenomena;
(Women, gender, children)
[NEW PARA: Expresses
concern at the persistence of discrimination against women and girls on the
grounds of race, racial discrimination, xenophobia and related intolerance and
affirms the urgent need to combat such discrimination by prioritizing the
development of a systematic and consistent approach to evaluating, monitoring
and eliminating such discrimination against women and girls, in accordance with
the DDPA;]
62. Strongly condemns all acts of violence, [whether
these acts are perpetrated [or condoned] by States, private persons or
non-State actors,] against women and girls and calls for the elimination of all
forms of gender-based violence in [all circumstances] [the family [and]
within the [general] community], and [in States] [where perpetrated or
condoned by the State], in accordance with [internationally-accepted human
rights standards] [international human rights norms and standards,
including the Declaration on the Elimination of Violence against Women;]
63. Stresses 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] [and] specialized
assistance [and rehabilitation] to victims, including medical and
psychological assistance and [necessary] [effective] counseling;
ALT: Stresses 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 necessary
counseling;
NEW PARA: [Recalls/Reiterates] [Recognizes] that racism,
racial and ethnic discrimination, xenophobia and related intolerance affect
women differently from men aggravating their living conditions and generating
multiple forms of [discrimination] violence, thus limiting or denying
the enjoyment of their human rights, [and underlines the urgent need to end
discriminatory attitudes and gender stereotypes];
17
64. [Underlines the [urgent need/task to overcome]
[challenges] [and obstacles] to [overcome] [changing] discriminatory
attitudes and gender stereotypes and stresses that [some] [challenges
and] obstacles remain in the implementation of international standards and
norms to address the inequality between men and women;]
65. Recognizes with concern that instances of racism,
racial discrimination, xenophobia and related intolerance [can/may] lead
to sexual exploitation of women and children especially the girl child;
66. Acknowledges
that although children are vulnerable to violence, some children, because of
inter alia their gender, race, ethnic origin, disability or social status, are
particularly susceptible to it; [Adopted ad ref. at informals]
(Migrant women)
67. Expresses
deep concern at continuing reports of grave abuses and violence committed
against migrant women [and [their] children] [(also nationals)],
including gender-based violence, in particular sexual violence, trafficking,
domestic and family violence, racist and xenophobic acts, abusive labor
practices and exploitative conditions of work; [Proposal to move to cluster
on migrants]
(HIV/AIDS)
68. Notes
progress in the adoption of policies and programmes to improve the prevention
of HIV/AIDS, especially among key populations at higher risk to exposure to HIV
and to eradicate multiple discrimination against persons living with and affected
by HIV/AIDS; [Adopted ad ref. at informals]
NEW PARA: Recommends that States guarantee universal and
effective access to [prevention] medications at affordable prices,
particularly those required for the prevention and treatment of HIV/AIDS,
malaria, tuberculosis and other pandemics, and intensify research in vaccines
as appropriate; [Proposal to move to section 5]
(Sexual orientation)
69. [Condemns all forms of discrimination and all
other human rights violations based on sexual orientation;]
[ALT: Recognizes that
experiences of racism, racial discrimination, xenophobia and related
intolerance are aggravated by and intersect with discrimination on grounds
including [acceptable personal preferences] [sexual orientation and
gender identity] and condemns all forms of discrimination and all other human
rights violations based on these grounds;]
[NEW PARA: Reiterates
its concern regarding acts of violence, discrimination and human rights
violations committed against individuals on the grounds of their sexual
orientation and
18
gender identity and invites States, whenever possible, to consider
appropriate measures to tackle such problems;]
(Persons with disabilities)
NEW PARA: Expresses deep concern at the difficult conditions
faced by persons with disabilities who are subject to multiple or aggravated
forms of discrimination, and welcomes the entry into force of the Convention on
the Rights of Persons with Disabilities and its Optional Protocol;
C.
Measures of prevention, education and protection aimed at the eradication of
racism, racial discrimination, xenophobia and related intolerance at all levels
(General provisions on
measures)
70. Recognizes that prevention is a key element of
any political strategy to combat racism, racial discrimination, xenophobia and
related intolerance, to promote cohesion, and to tackle community tensions;
[Agreed at informals]
ALT: 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; [Adopted ad ref. at informals]
71. Stresses
the necessity of increasing appropriate preventive measures in order to
eliminate all forms of racial discrimination and 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 and in confidence-building; [Adopted ad
ref. at informals]
(Monitoring, data collection)
72. Notes with
appreciation the activities of independent information networks on
racism and xenophobia in some countries which collect relevant information and
develop strategies to combat these phenomena, while also highlighting and
disseminating good practices the submission of which could enable the national
bodies and institutions to develop strategies to combat and eradicate these
phenomena; [Adopted ad ref. at informals]
73. Acknowledges the importance of making progress in
gathering [disaggregated] data and other human development indicators [in
accordance with national law] [disaggregated by race and ethnicity],
whether by conducting censuses or by collecting, compiling, analyzing and providing
data at the national and local levels, which should also take into
consideration [gender [age] and] social and economic
indicators, such as average income, access to health services, maternal and
infant mortality, life expectancy, literacy rate, access to education,
employment opportunities, quality of housing, land ownership and access to
water, health and communications services;
19
ALT: Acknowledges the importance of
making progress in gathering [disaggregated] data in order to assess
regularly the situation of individual and groups of individuals who are victims
of racism, racial discrimination, xenophobia and related intolerance in
conformity with the principles laid down in the DDPA and in accordance with
national law;
NEW PARA: Emphasizes the need for national, regional and
international bodies to monitor racist and xenophobic acts, and in this regard
to establish an observatory for racist incidents to undertake a detection role
in relation to potential conflict based on racism, racial discrimination,
xenophobia and related intolerance;
(Tackling discrimination in (access to) education, employment, health)
74. Welcomes
the adoption of legislation, at the national and regional levels, to address
discrimination and victimization in employment and training, the provision of
goods, facilities and services, education, housing and public functions; [Adopted
ad ref. at informals]
75. 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; [Adopted ad ref. at informals]
(National action plans)
NEW PARA: Identifies
progress in the formulation of national plans to eradicate racism, racial
discrimination, xenophobia and related intolerance and reaffirms the importance
for States to develop further and implement national action plans in
consultation with relevant stakeholders, including national human rights
institutions and civil society; [Adopted ad ref. at informals]
((Human rights) education, training or sensitizing professionals,
awareness raising, communication
76. Believes that education, including human rights
education, is essential to the realization of all human rights and fundamental
freedoms [which contributes to the promotion and respect for the cultural
diversity of societies] for the promotion [and] [of] respect for the
cultural diversity of societies, and contributes significantly to promoting
equality and preventing conflict and human rights violations, [and a culture
of peace] as well [to enhance participation in the decision-making
process and in the promotion of democratic values] [as enhancing
participation and democratic [processes] [values]], with a view to
developing societies in which [the dignity of] all human beings [and
their dignity] are valued and respected;
20
77. [Welcomes the adoption of] [Recognizes
that] national legislation to promote human rights education has been approved
in all [parts] [regions] of the [world] [globe] after the
adoption in 2001 of the DDPA, particularly in order to sensitize the public at
large with regard to the cultural [diversity] [identity of minorities];
78. Acknowledges
the development and implementation of training and educational activities on
human rights from an [anti-racist and non-discriminatory] [anti-discrimination]
[anti-racist [and anti-sexist]] [and gender] perspective, in particular
for public officials, as well as awareness-raising and information campaigns;
NEW PARA: Recognizes the need
and importance of an international declaration on human rights education and
training [on racism, racial discrimination, xenophobia and related intolerance]
with a view to inter alia strengthen the respect for human rights and
fundamental freedoms, [prevent racism, racial discrimination, xenophobia and
related intolerance,] and promote understanding, tolerance, gender [justice]
[equality] [a culture of peace], and friendship among all nations, indigenous
peoples, and [socially-constructed] [racial], national, ethnic, religious and
linguistic groups; [Agreed
at informals]
ALT: Recognizes the need and
importance of an international declaration on human rights education and
training that may have positive impact on the fight against racism, racial
discrimination, xenophobia and related intolerance [with a view to inter alia
strengthening the respect for human rights and fundamental freedoms]; [Agreed at informals]
ALT 2: Recognizes the importance of an international
declaration on human rights education and training with a view to strengthening
respect for human rights and fundamental freedoms that would have a positive
impact on the fight against racism, racial discrimination, xenophobia and
related intolerance; [Adopted ad ref. at informals]
NEW PARA: Enhancing the roles of cultural diversity and human
rights education in promoting tolerance and preventing racism, racial
discrimination, xenophobia and related intolerance;
(Intercultural dialogue,
interreligious dialogue)
[Proposal to merge paras. 79
and 81]
79. 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 with a view to overcoming existing gaps in perceptions, concepts
and ideas; [Adopted ad ref. at informals]
NEW PARA: Recognizes the valuable work done to promote dialogue,
mutual understanding and respect through all existing mechanisms [at the
regional and international levels], such as the Council of Europe,
Organization for Security and Cooperation in Europe, and the Alliance of
Civilizations [Dialogue between Civilizations, United Nations Educational,
Scientific and
21
Cultural Organization, the Organization of American States, the
Asia-Pacific Interfaith Dialogue, Tripartite Forum for Interfaith Dialogue and
Cooperation for Peace, Southern Common Market (MERCOSUR), Non-Aligned Movement];
80. Reaffirms that the eradication of racism, racial
prejudice and xenophobia should aim not only to promote equality and eliminate
discrimination but also to promote interactions between ethnic, cultural and
religious communities, in particular in multicultural societies; (para 258
section 1)
ALT: Reaffirms that the eradication of racism, racial
prejudice and xenophobia should aim not only to promote intercultural dialogue
as an open and respectful exchange of views between individuals and groups with
different ethnic, cultural, religious and linguistic backgrounds on the basis
of mutual understanding and respect;
81. Notes
with appreciation the increasing number of initiatives to promote intercultural
dialogue; [Agreed at informals]
(Political parties and
programmes, political participation, Parliaments)
(National institutions,
national specialized bodies and mechanisms)
82. [Welcomes]
[Notes] significant progress in the creation [by States in the establishment]
of independent national human rights institutions [as well as specialized
bodies and mechanisms] addressing racism, racial discrimination, xenophobia and
related intolerance, as well as specialized [State] [or other] bodies and
mechanisms responsible for formulating and [/or] implementing public policies
[in the struggle against racism, racial discrimination, xenophobia and related
intolerance and [encourages States that have not such institutions [or bodies]
to expedite the process] [proposal to move to section 5] [to eradicate
discrimination [and to promote racial equality]]; [Agreed at informals]
[Proposal to split paras. 82
and 83]
ALT: Welcomes significant progress in the establishment of
independent national institutions for the promotion and protection of human
rights and reaffirms the important and constructive role played by such
institutions in the struggle against racism, racial discrimination, xenophobia
and related intolerance, including in providing advice to States, the judiciary
and other stakeholders, assisting victims’ access to effective remedies and in
human rights advocacy and education; [Adopted ad ref. at informals]
NEW PARA: Welcomes the contributions of competent national
bodies or specialized agencies responsible for formulating and/or implementing
public policies to eradicate racism, racial discrimination, xenophobia and related
intolerance; [Adopted ad ref. at informals]
83. [Deplores
the fact that some countries have not yet established independent human rights
and other relevant institutions]; [Agreed at informals]
22
NEW PARA: Calls on
States [that have not yet done so] to devise programmes and create
national institutions responsible for human rights issues in accordance with
the Vienna Declaration and Programme of Action of 1993 and the Paris Principles
[and to ensure that institutions be representative and inclusive, have focal
points on racisms, racial discrimination, xenophobia and related intolerance
and have the capacity to receive and address complaints in this regard]; [Proposal
to move to section 5]
(Media)
84. [Welcomes that important action has taken place
since the adoption of the DDPA but] Takes note that while much progress is
still needed, particularly in the area of [promoting intercultural dialogue
and anti-discrimination practices and policies [by the media],]
[self-regulation and diversity training of media professionals], [important
action has taken place since the adoption of the DDPA]. [Diversity training for
journalists has been promoted as a key preventive measure against negative
stereotyping and discrimination [and reiterates further that such training
is in conformity with the freedom of expression and in fact promote informed
debate, socio-cultural harmony and avoid racial or religious friction]. [Proposal
to split the paragraph] [Also welcomes the] Independent media
councils composed of media professionals charged with assessing issues related
to racism in the media have also been formed in many countries. In some cases,
these councils have been mandated to receive complaints of racism in the media
and to advise editors and publishers accordingly. The media has also been
effectively used as a means to promote more balanced representation of members
of minorities, who have increasing access to high visibility functions in many
countries];
NEW PARA FOR SECTION 5: Calls on States in compliance with the DDPA to
elaborate a voluntary ethical code of conduct in association with the
International Federation for Journalists to address racism in the media and
other modern information and communication technologies while taking into
account fundamental issues, such as the right to freedom of expression;
(Civil society, NGOs)
85. Welcomes
the numerous awareness-raising activities involving States, in order to promote
and disseminate the values and practices underlying the fight against
discrimination, including through financial support for the projects of civil
society; [Adopted ad ref. at informals]
86. Welcomes the role and participation of [private
sector,] civil society, non-governmental organisations, and human rights
defenders [[including] as well as [business sector, including
transnational corporations and foreign enterprises] [business entities]
[private sector] and trade unions] in the struggle against
racism, racial discrimination, xenophobia and related intolerance, in
particular the implementation of the Durban Declaration and the Plan of Action;
87. Notes with concern the precarious situation of
human rights defenders and non-governmental organisations, including
anti-racist non-governmental organizations, which
23
undermines the struggle against racism, racial
discrimination, xenophobia and related intolerance; [Adopted ad ref. at
informals]
D.
Provision of effective remedies, recourse, redress, and compensatory and other
measures at all levels
(Law enforcement,
administration of justice, access to justice, sanctions)
88. Recalls that access to justice implies the
possibility of defending a case before a tribunal, as well as the proper
functioning of the whole system of administration of justice, [special
measures when the circumstances so warrant] including affirmative action
for vulnerable groups, as needed. The obstacles that impede access to justice
are often connected to discriminatory practices affecting vulnerable groups.
These groups face difficulties in accessing justice because of different kinds
of barriers, in particular cultural and linguistic barriers;
ALT: Recalls that access to justice for victims of [racial]
[and religious] discrimination implies the possibility of
defending a case in a fair trial as well as an environment in which respect for
the rule of law, independence and impartiality of the judiciary, and due
process is [guaranteed] [respected,] [and also emphasizes that]
States should remove obstacles that impede access to justice, particularly for
members of vulnerable groups;
89. Recalls the
importance of an effective and independent judiciary to allow the victims of
racism to seek adequate redress; [Adopted ad ref. at informals]
90. Acknowledges the need [to formulate and put in
place specific programmes] to prevent, investigate, and, [where] [when]
required [to introduce specific law with a view to bringing to], [bring
to] [justice] [trial and punish] acts of serious misconduct by police
officers and other law-enforcement officials prompted by racism, racial [or
other forms of] discrimination, [xenophobia and related intolerance];
91. Stresses the need to improve and broaden the
distribution of information related to access to mechanisms for reporting
complaints or providing assistance during legal proceedings for victims of
racism; [Adopted ad ref. at informals]
92. Identifies
the need for greater progress in the implementation of measures to facilitate
access by victims of racism, racial discrimination, xenophobia and related
intolerance to an administration of justice that ensures just and adequate
reparation for any damage suffered, together with legal assistance in a form
adapted to victims’ special needs and vulnerability; [Agreed at informals]
ALT: Underlines the importance and the need for greater
progress in the implementation of measures to facilitate access by victims of
racism, racial discrimination, xenophobia and related intolerance to justice
that ensures just [and effective administrative and judicial remedies,
including the right to seek just] [and adequate reparation or
[satisfaction], as well as legal assistance where required];
24
(International tribunals, ICC)
93. [Expresses its full support of the work of the
existing international criminal tribunals and calls for the universal ratification
of the Rome Statute of the International Criminal Court];
94. [Expresses concern over the lack of willingness of
certain countries to cooperate with international criminal tribunals];
E.
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
(Democracy, elections)
95. Recalls that democracy is incompatible with the
continued existence of racism [and in this regard condemns all
manifestations of institutionalized racism as well as legislations and
practices based on racism, racial discrimination, xenophobia and related
intolerance][and in this regard condemns legislation and practices based
on racism, racial discrimination, xenophobia and related intolerance];
ALT: Condemns legislation and practices based on racism,
racial discrimination, xenophobia and related intolerance as incompatible with
democracy and transparent and accountable governance;
96. [Notes progress made by some States in the field
of democracy, [the rule of law, transparent, responsible, accountable and
participatory governance, [including through electoral support such as
assistance and election observation missions in line with best international
practice,] but notes also that challenges remain in parts of the world]];
(Affirmative action, special
measures, positive action)
97. Identifies progress in programmes to foster racial
equality in favour of people of African descent, such as affirmative action
programmes for access to higher education; and stresses the importance of
making progress in putting in place affirmative action policies in key sectors,
such as access to education and employment, health and social security,
political participation and investment in infrastructure that benefits
communities in which people of African descent, indigenous peoples and other
groups suffering from discrimination live;
(OHCHR, UN system, international and regional organizations,
international cooperation, technical assistance or cooperation)
98. Recognizes the valuable role played by regional
organisations and institutions [inter alia the Organization for Security and
Cooperation in Europe, Council of Europe and European Union Agency for
Fundamental Rights] [Dialogue between Civilizations, United Nations
Educational, Scientific and Cultural Organization, the Alliance of
Civilizations, Organization of American States, the Asia-Pacific Interfaith
Dialogue,
25
Tripartite Forum for Interfaith Dialogue and
Cooperation for Peace, Southern Common Market (MERCOSUR), Non-Aligned Movement] in the fight against racism, racial discrimination,
xenophobia and related intolerance;
[To be considered together with
para. 79 bis]
99. [Regretting the lack of] [Notes] financial
initiatives [inter alia by the Organization for Security and Cooperation in
Europe [and Organization of American States]] in support of the
fight against racism, racial discrimination, xenophobia and related
intolerance;
100. [Welcomes the important initiatives to combat
[anti-Semitism], hate crimes, racism, xenophobia and discrimination as well as
[anti-Semitism, Islamophobia and Christianophobia] [intolerance and
discrimination [in particular] against [religious groups] Muslims
[and Jews];]
ALT: [Reiterates the urgency of combating hate crimes,
racism, xenophobia, discrimination and intolerance [in particular]
[against Muslims, Jews and Christians];]
101. Takes
note of the important role of the United Nations and its relevant specialized
agencies such as the United Nations Educational, Scientific and Cultural
Organization, the International Labour Organization, the World Health
Organization and others in helping States to enhance their capacity to
implement the Durban Programme of Action; [Adopted ad ref. at informals]
NEW PARA: Encourages UNESCO 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 and Discrimination initiative; [Proposal
to move to section 5]
102. Re-emphasizes the importance of international
cooperation [for global promotion of] [to promote] (a) the achievement
of the objectives of 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
implementation of the United Nations and of States’ obligations in this regard;
and (d) the elaboration of [further global] strategies to combat [all forms]
[contemporary] [new] [manifestations] of racism, racial discrimination,
xenophobia and related intolerance;
26
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
I. General
103. [Takes
note with] [Expresses its] appreciation [for] the efforts to prevent,
combat and eradicate racism, racial discrimination, xenophobia and related
intolerance undertaken by [all] the mechanisms established following the
request of the World Conference against racism, racial discrimination,
xenophobia and related intolerance, [namely the Intergovernmental Working Group
on the effective implementation of the Durban Declaration and Programme of
Action, the Independent Eminent Experts Group, the Working Group of Experts on
People of African Descent,] [and the Ad Hoc Committee on the Elaboration of
Complementary International Standards], and for the contributions
they have made to implement the Durban Declaration and Program of Action [and
for further improvement of these mechanisms];
104. Welcomes
the important role played by [relevant special procedures] [inter
alia, the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, and all other relevant
mandates] [inter alia, the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance, the Special
Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, the Special Rapporteur on violence against women, its causes
and consequences, the Independent Expert on minority issues, the Special
Rapporteur on the human rights of migrants, the Special Rapporteur on freedom
of religion or belief, the United Nations Permanent Forum on Indigenous Issues,
the former Sub Commission on the Promotion and Protection of Human Rights and
its Working Groups, the Special Rapporteur on trafficking in persons, the
Special Rapporteur on contemporary forms of slavery, and the Expert mechanism
on the rights of indigenous peoples][the Convention on the Protection of the
Rights of Migrant Workers and Members of their Families and the convention on
the Rights of Persons with Disabilities] in the fight against racism,
racial discrimination, xenophobia and related intolerance;
105. Acknowledges the need to [rationalize and]
enhance further the effectiveness of the [system of] mechanisms dealing with or
addressing racism, racial discrimination, xenophobia and related intolerance
[within the framework of the universal system of human rights] with a view to
achieving better coordination, consistency and complementarity in their work [and
avoiding duplication of mandates] [as well as giving due account to their
output in the mainstreaming of human rights within the UN system] [and urges
OHCHR and States to continue to raise awareness of and bring visibility to
these mechanisms];
27
106. Asserts that the effectiveness of mechanisms
dealing with or addressing issues of racism, racial discrimination, xenophobia
and related intolerance is linked to or depends on different factors, in
particular:
• [Strengthening] The political will or
commitment of States to cooperate with them, including to [the] follow
up on their recommendations;
• [Avoiding] [The proliferation of mechanisms];
[Rationalizing the mechanisms]
• [Increasing] The level of visibility and
accessibility of mechanisms to the outside world, in particular for
victims of racism and racial discrimination;
• [Ensuring] A coherent approach, which [strengthens
the existing mandates] [decreases the risk of overlapping, duplication and
inconsistencies];
• [Ensuring] Effective cooperation and
coordination [among various] [of relevant conventional and
extra-conventional human rights mechanisms and the General Assembly]; mechanisms
[and relevant agencies and programmes] [as well as] [including]
[interaction with CERD, the HRC and the General Assembly];
[MERGE
bullets 4 and 5: A coherent approach with ensures cooperation,
coordination, consistency and complementarity among the different mechanisms as
well as their effective interaction with CERD, HRC and the GA;]
• [Ensuring] Effective collaboration with [victims]
and [civil society];
• [Effective public awareness and publicizing of
the outcomes and recommendations of the work of the mechanisms];
• [Ensuring] [Maintaining] Adequate
funding and servicing [and allocating new and additional resources where
necessary];
II. Durban follow-up mechanisms
107. Urges
the monitoring mechanisms related to the implementation of the Durban
Declaration and Programme of Action to promote awareness, dialogue and training
of public officials and [/or] social [educationalists]] [educators] [training
of trainers, policy-making bodies] regarding the elimination of racism,
racial discrimination, xenophobia and related intolerance with a view to
contribute by promoting meetings between public officials and/or social
educationalists and other activities that contribute to attaining the goals of
the Durban Declaration and Programme of Action; [Proposal to move to section
5]
A. Working Group of Experts on People of African Descent (WGPAD)
108. [Welcomes the review and extension of the
mandate of the Working Group of Experts on People of African Descent as
contained in HRC resolution 9/14] Acknowledges the [importance and
significance of] the work and efforts of the Working Group of Experts on People
of African Descent in analyzing the current situation, conditions and extent of
racism against [Africans and persons of African descent] [persons of
African descent in the African Diaspora];
28
109. Requests the Working Group of Experts on People
of African descent to collaborate closely with all other mechanisms dealing
with the fight against racism and discrimination in order to ensure a global and
comprehensive approach to the fight against racism and discrimination and the
equal treatment of all victims;
B. Intergovernmental Working Group on the Effective Implementation of
the DDPA
110. [Takes note of] [Welcomes] the conclusions
and recommendations of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action;
111. [Regrets that the Intergovernmental Working Group
on the Effective Implementation of the Durban Declaration and Programme of
Action has not followed up on a major accomplishment of the Durban World
Conference against Racism regarding the historical roots of modern racism
emerging from the slave trade era with lasting consequences for large groups of
people and the agreement to qualify the slave trade as a crime against humanity
[and requests that the Intergovernmental Working Group address this issue as
soon as possible] [and that the provisions of General Assembly
resolutions 61/19 and 62/122 be fully integrated in its deliberations];]
C. Five Independent Eminent Experts
112. [Acknowledges the importance of the mandate and
work of the Independent Eminent Experts on the implementation of the Durban
Declaration and Programme of Action, particularly directed at fostering the
political commitment required for the Declaration and Programme of Action to be
implemented successfully;]
113. [Calls the independent eminent experts on the
implementation of the Durban Declaration and Programme of Action to develop
appropriate methods of work that promote better links between this group of
experts and Governments and non-governmental organizations;]
114. [Recommends that the Intergovernmental Working
Group on the Follow-up to DDPA and the Five Eminent Persons be abolished and
replaced by an appropriate body with the mandate to collaborate with the OHCHR
to assist states in implementing the provision of the DDPA addressed to them;]
III. Other mechanisms
A. Ad Hoc Committee on the Elaboration of Complementary International
Standards
115. [Welcomes] [Takes note of] the creation of
the Ad Hoc Committee on the elaboration of complementary standards with a view
to implementing the recommendation contained in the Durban Program of Action
“to prepare complementary international standards to strengthen and update
international instruments against racism, racial discrimination, xenophobia and
related intolerance in all their aspects”, [which is yet to be realized];
29
116. Takes note with appreciation that the Ad Hoc
Committee convened its first session and has discussed different issues
pertaining to the fulfillment of its mandated task;
117. Welcomes the roadmap agreed by the Ad Hoc
Committee on the elaboration of complementary standards at its first session
and encourages Member States to submit in a timely manner their contributions
as outlined in the roadmap with a view to achieving full implementation of
paragraph 199 of the Durban Programme of Action;
[MERGE paras. 116 and 117: Takes
note that the Ad Hoc Committee convened its first session, has discussed
different issues pertaining to the fulfillment of its mandated task, and
adopted the roadmap relating to the possible elaboration of complementary
standards;]
B. Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance
118. Expresses its full support for and recognition of
the Special Rapporteur on contemporary forms of racism, racial discrimination
and xenophobia and related intolerance for his work and requests him to continue
placing particular stress on the negative impact of racism, racial
discrimination, xenophobia and related intolerance on the full enjoyment of
civil, cultural, economic, political and social rights by [all victims in
accordance with his mandate] [national, ethnic, religious and linguistic
minorities, immigrant populations, asylum-seekers and refugees],while ensuring
a global and universal approach to the fight against racism and racial
discrimination and avoiding any hierarchy in the treatment of victims [and
calls on States to cooperate fully with the Special Rapporteur and to extend a
standing invitation];
119. [Welcomes
the recent review and extension of the mandate of the Special Rapporteur on
contemporary forms of racism, racial discrimination and xenophobia and related
intolerance [by the Human Rights Council in its resolution 7/34];]
C. Special Adviser on the Prevention of Genocide
120. Reaffirms its full 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, [and calls on all States to
cooperate fully with him, including by accepting his requests for visits];
[Proposal to move to section 5]
NEW PARA: Welcomes the efforts made by the Special Adviser to
elaborate indicators for the prevention of genocide in collaboration with CERD
and encourages these bodies to pursue their collaboration in this regard; [Proposal
to move to section 5]
|
30 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 CERD |