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NGO FORUM DECLARATION: DRAFT TWO DRAFT AS OF 5 JUNE 2001 NGO
DRAFTING PROCESS A meeting was
called by representatives of all the caucuses at the 2nd PrepCom
regarding the drafting process. It was decided that a committee should be formed
to work on drafting the document. Eight people volunteered and the following
persons worked on the document from 8.00am- 12.00 pm on Saturday and 8.00am on
Sunday – 01.30 am on Monday: Cecil D. Corbin-Mark, Vernellia Randall, Champa
Patel, Maria Miguel Sierra and Elina Stamou, assisted by Arthur Diakite. We have decided to structure the NGO Declaration and Plan of Action around the 5 themes defined by the United Nations as the focus of WCAR. § Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerances. § Victims of racism, racial discrimination, xenophobia and related intolerance § Measures of prevention, education and protection aimed at the eradication of racism, racial discrimination, xenophobia and realted intolerance at the national, regional and international levels. §
Provision
of effective remedies, recourse, redress, compensatory and other measures at the
national, regional and international levels. §
Strategies
to achieve full and effective equality, including international co-operation and
enhancement of the United Nations and other international mechanisms in
combating racism, racial discrimination, xenophobia and related intolerances and
follow up. The Declaration: Consists of statements that address the inadequacies
and problems still
affecting individuals and organisations. The Plan of Action: Will express the concrete
acts and resolutions
that we are asking for in order to address the inadequacies and problems
expressed in the Declaration. The Annexes: There will be two annexes: The first will list all
relevant regional, national, and international instruments. The second will give
caucuses and organisations the opportunity to submit one double-sided page
detailing their relevant declaration and plan of action. LANGUAGE: In order for caucuses and other organisations to
incorporate their own language, we ask that people adhere to the following: Submit all language in email format to: major@wcar.sangoco.org.za before June 30, 2001. NGO
FORUM DECLARATION: DRAFT TWO (5 JUNE 2001) SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCES General-
Recognizing that racism, racial
discrimination, xenophobia and related intolerances are manifestations of the
same phenomena: the sharp and institutionalized, structurally supported division
of power and wealth between groups [A/CONF.189/PC.2/3-9].
In particular, racism, racial discrimination, xenophobia and other
intolerances are strategies and processes of social and political control, which
functions to deny opportunities and benefits to certain groups. [APWLD9]
Consequently, racial discrimination, xenophobia and related intolerances are not
about numbers or size but essentially about the abuse of power.
Racial discrimination whether it occurs against a minority group or
majority group results in the denial of all inalienable rights including the
right to self-determination. This denial manifests itself in the absence of
sufficient adequate political power, unending poverty, uneven economic
development, unequal access to and unequal treatment in education, employment,
health care, land ownership, credit and other resources. [TD6] -
Deploring the belief
in the inferiority of certain members of the human family which remains deeply
embedded in the legal, economic and social fabric of many States, has resulted
in the massive dispossession of territories and resources, the destruction of
political, religious and social systems, and persistent, unrelenting
discrimination, hostility and violence (DISKINGENGIOUS) -
Recognizing that laws and policies
can create and perpetuate discrimination by sanctioning overt and covert and
institutional discrimination. [CENGO] Institutional and structural racism
manifest itself in the laws, policies and practices of government, institutions,
authorities and businesses that have the effect of disproportionately affecting
marginalized communities. [TD] -
Deploring policies and practices
that are supposed to be used to redress historical injustices (such as
affirmative action) but instead are being used by some states to promote
majoritarian ethno-nationalism and majoritarian rights. [TD] -
Deploring the failure to recognize
the multi-national, multicultural and multiethnic aspects of all societies and
the failure to promote and protect the rights of all individuals and groups to
maintain their cultural identity, to observe their values, traditions, language
and religions. [NGOMX-P] -
Acknowledging that the racism,
xenophobia and related intolerances which have their roots in aggressive
nationalism, ethnocentrism and discrimination are different from roots of racism
based on the colonial past, slavery and slave trade. -
Observing that political and
economic processes of imperialism, colonialism, neo-colonialism and racial
superiority or exclusivity are at the root of racism, racial discrimination,
xenophobia and other intolerances and that such politics and economic strategies
has resulted in the wholesale decimation of the cultures, traditions, languages,
laws and religious practices. [LRC] -
Asserting that the current
terminology of "race" in common usage is in fact an intimate
interrelationship of race and culture. Culture is an integral part of social
identity and its respect is crucial for the equal and peaceful co-existence of
different people. Cultural prejudice manifests itself with the use of
stereotypes such as those that label people with a distinct cultural identity as
'orthodox' or 'fundamentalist'. Yet,
no remedy against acts of cultural discrimination and exclusion, in places of
social interactions, institutions and the media exist and these types of abusive
practices have become institutionalized. [SHRG] -
Recognizing that caste is an
intolerance that is a social evil that results in discrimination. Caste-based
discrimination places restrictions on the enjoyment of fundamental human rights
as well as social and economic
mobility and makes them more vulnerable to all forms of violence. In many
instances, the problem of discrimination is aggravated by states that fail to
enforce their own laws designed to protect citizens who are victims of
a caste system. (TD5) -
Recognizing that multiple forms of
oppression exist (such as, race, gender, class, social position, age,
disability, sexual orientation, language, culture, descent, caste) and that when
these forms of subordination intersect, they heighten discrimination, loss of
dignity and rights. [APWLD13] -
Deploring the
resurgence of racism, ethnocentricity, anti-Semitism
and islamophobia and all forms of religious intolerance, and a persistent
climate of intolerance and acts of violence. -
We further deplore the
fact that efforts undertaken by the international community to combat these
phenomena are inadequate. Contemporary Manifestations: -
Recognizing that racial
discrimination and many forms of discrimination continue to be practiced
worldwide and in all regions of the world. People are denied equal rights to
franchise, full political participation and the exercise of full citizenship
because of real and perceived discriminatory distinctions. Groups and
Individuals are denied equal rights and/or access to food, shelter, work, health
care, environment, or credit. [Gender5] Racism, racial discrimination,
xenophobia have profound and penetrating negative impact on childhood experience
and development, adult behavior and experience, the well-being of the elderly,
the structure of families, in schooling and education, in the environment and in
health and health care, in mental
health and in the treatment of persons with mental disorders especially among
all racial and cultural groups. [APA] -
Deploring the failure
of non-State actors, including business, social partners, and other private
entities to ensure that they do not take part, encourage or facilitate acts of
racism, racial discrimination, xenophobia and intolerance. -
Acknowledging the Internet as a
great information dissemination and educational tool, however, we deplore the
increasingly rapid spreading of racism, xenophobia, anti-Semitism, Holocaust
denial, Islamophobia and related intolerance through websites, newsgroups and
other media, especially its influence upon adult users but particularly it
negative influence upon youth. (INTERNETDOC101) -
Recognizing environmental racism
as a recent example of human rights abuses of marginalized ethnic and racial
inner-city communities and villages. In its quest for maximum profits, the
Private Section seeks minimal government and environmental regulations,
maximum tax-relief, and advantageous tax incentives in natural resource
extraction techniques, chemical and pesticide defoliation processes, biological
exploration, and the disposal of hazardous waste, all of which have a negative
and damaging effect upon ethnic and racial minority communities. Thus,
environmental racism refers to any government, military, industry or other
institution's action that has a disproportionate negative effect upon the
environment of an ethnic or racial community. -
Cautioning that certain aspects of
globalization are leading to a deterioration of economic and social conditions
in some countries. Such
deterioration is resulting in deepened social exclusion and increased migratory
pressures. At present the benefits of globalization are unevenly shared, while
its costs are unevenly distributed. We recognize that developing countries and
countries with economies in transition bear a disproportionate share of the
costs. Thus, we specifically assert that the tensions and manifestations of
racism, racial discrimination, xenophobia and other intolerances are fostered by
severe economic and social conditions. [NGOMX-P3] -
Deploring the governmental use of
the struggle against crime, violence and terrorism as a pretext for
disproportionately arresting and imprisoning racial, ethnic and religious
minorities. -
Recognizing that racism, racial
discrimination, xenophobia and related intolerance are fundamental bases for
poverty and that these practices aggravate the condition of poverty,
marginality, social and economic exclusion of marginalized ethnic, racial and
religious individuals and groups. [AADCDOC] -
Deploring that economic and social
indicators of education, employment, health and health care, housing, infant
mortality and life expectancy do not exist for, or undercount indigenous people,
peoples of African descent, migrants and other victims of intolerances.
[AADCDOC] We also note with particular concern that racism, xenophobia and other
intolerances are major health determinants that have a negative impact on health
status, access to health care and health care treatment received, and that in
many countries people infected or affected by HIV/AIDS are ethnic or racial
minorities and are severely discriminated. [HEALTHDOC.201] -
Observing that debt bondage,
slavery, sexual or labor exploitation are tolerated or maintained by laws and
practices that endanger the lives of women, children or migrants and lead to
various kinds of servitude and exploitation. [ILO-IOM4] -
Deploring political leaders who
tacitly support simplistic calls for "equality" of treatment of all
citizens and who call attempts to categorize any special measure or recognition
of inherent rights as discriminatory. Such calls cultivate suspicions of and
hostility toward oppressed groups. -
Recognizing that many states fully
ratified universal and regional human rights instruments that are designed to
protect the rights of ethnic, racial and religious groups, but have either not
implemented these instruments into their national laws or have insufficiently
adopted or enforced their provisions. [NGOWCAR] -
Recognizing
that racial discrimination occurs in multiple forms and at all stages within the
criminal justice and prison systems, and in many instance leads to serious
violations of the fundamental human rights of ethnic, racial or religious
groups. Specific
Groups: Gender: -
Acknowledging the particular
burden of discrimination that falls on indigenous women, women of African
descent, women migrants and women from other groups [ILO-IOM] Recognizing that
treating gender separate from racism and other forms of oppression tends to
minimize the multiple discrimination experienced by marginalized women and girls
as a result of the intersection between gender, race xenophobia and related
intolerances. Consequently, such discriminations are often unaccounted,
unidentified and therefore excluded from discussion. [CSW Draft] -
Recognizing that intersectional
subordination occurs from abuses that are specifically targeted at racialized
women; from discrimination because of gender roles; or, when policies intersect
with underlying structure of inequality to create a compounded burden -
Acknowledging that
intersectionality subordination occurs in many contexts including the misuse of
racial equity policies, increased incarceration of racialized women, restrictive
migration policies, increased trafficking in women, the systematic rape, forced
pregnancy, sexual abuse and sexual slavery (particularly in armed conflict, lack
of access to quality health care and limited employment opportunities.
[GENDER12-14] Indigenous
Peoples: -
Deploring the
structural racism in past and current manifestations of colonialism, invasion,
apartheid and genocide which has denied Indigenous Peoples their fundamental
right to self-determination, and such denial lies at the root of Indigenous
suffering. -
Recognizing that through
colonization Indigenous peoples throughout the world and in every region
suffered and continue to suffer dispossession and loss of their ancestral lands
and territories. The lands have been exploited and developed without consent and
often without benefit. -
Recognizing that racism against
Indigenous Peoples manifests itself in discriminatory legal doctrines that
perpetuate and exacerbate racism against Indigenous Peoples.
These doctrines include the doctrine of terra nullius, the
doctrine of discovery, doctrines that allow Indigenous territories to be taken
without due process of law or adequate compensation, the unilateral
extinguishments of Indigenous land rights, the doctrine of prescription and
effective occupation, and the presumption that Indigenous Peoples do not own
subsoil resources under their lands. Africans
and African Descendants: -
Recognizing that the Slave Trade
(specifically Transatlantic, trans-Saharan and trans-Indian Ocean) and slavery
forced the brutal removal of the largest forced migration in history (over one
hundred million), caused the death of millions of Africans, destroyed African
civilizations; impoverished African economies and formed the basis for African
under-development and marginalization which continues today; Acknowledging that
Africa was dismembered and divided among European powers, which created Western
monopolies for the continued exploitation of African natural resources for
Western industries. -
Acknowledging the specificity of
anti-black racism (both past and present) which is fundamentally rooted in white
supremacist ideology and the economic profits of colonial and neo-colonial
oppressors and which is perpetuated by ghettoization, demonization and
criminalization of blackness. -
Recognizing that the development
of Africa has been greatly impeded by the global imbalances in power created by
slavery, colonialism and other forms of exploitation is maintained and extended
by neo-colonial policies and practices including the pillage of human and
material resources of Africa and the draining of its financial resources by
foreign debt services. Refugees, Documented and Undocumented Migrants, Asylum Seekers, Internally Displaced, Stateless Persons and Trafficked Persons: -
Recognizing that discrimination against
migrants, refugees, asylum-seekers, undocumented persons, and internally
displaced person is distinct from racism and racial discrimination. Such
discrimination can be based on mere foreignness; that is, even when racial and
other characteristics make non-nationals indistinguishable from nationals,
hostility and discrimination occurs. Furthermore, the intersection of racism and
xenophobia is manifested by the presumption that anyone whose physical
characteristic are distinct or language is different from the idealized national
norm is assumed to be foreign. [NGOMX-IC,
1] -
Observing that undue stress on
restrictive admission and immigration policies and arbitrary detention of
asylum-seekers and undocumented persons produces negative stereotyping and
impacts the growth of a climate of xenophobia. [NGOMX-p2] -
Observing that the manifestations
of xenophobia include incitement to and actions of overt exclusion, hostility
and violence against persons based on their perceived status; association of
migrants and others with crime and criminalization; and restricting the
application of basic human and legal rights protections. [MRXE1-2] Roma,
Gypsies, Sinti and Travellers: -
Acknowledging the trans-national
character of the Roma, Gypsies, Sinti and Travellers:Of
particular concern is the problems of being disperse in a worldwide Diaspora
which are encouraged by a lack of national, regional and international policies
[RCPPAA]; Deploring the fact that Roma,
Gypsies, Sinti and Travellers:are a
permanent target of social exclusion, systemic discrimination violation of the
fundamental human rights. People under Foreign
Occupation: -
Acknowledging that foreign
occupation creates an environment in which the occupied people are exposed to w
wide range of systematic and gross violations of human rights and fundamental
freedoms. While the case of the Palestine is one of the most serious cases of
foreign occupation, the situation of the six million Tibetan people suffering
under 50 years of the occupation of their country Tibet, the situation of
peoples unoccupied-territories under Indonesia, and Sexual
Orientation: - Asserting that despite the existence of binding internal agreements and conventions establishing the principles of non-discrimination and equality without distinctions regarding race, age, language, ethnic group, culture, religion, disability or other status, nevertheless the exclusion, concealment and flagrant violations of the human rights and fundamental freedoms of persons because of their sexual orientation still persists. Youth: -
Considering that young people,
particularly young Indigenous Peoples, African and African Descendants, Rom
Peoples and peoples of oppressed nationalities, ethnicities or caste within
their States, are discriminated against, excluded from, and marginalized in the
decision making processes, resulting in the limiting of the full and active
participation politically, economically, and culturally. [YOUTHD]
In addition, young people are discriminated against in education, health,
civil and criminal justice and the media. [YouthPOA] VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE General: We
note with great concern that: -
(A/CONF.189/PC.2/8 – pg 4)
Despite the efforts of the international community, millions of human beings
continue to be discriminated on the grounds of race, gender, ethnicity, caste,
age, sexual orientation, disability, religion, culture, social-status, and
nationality amongst other forms of discrimination. This is further compounded by
multiple and intersecting forms of discrimination. (Vienna declaration and plan
of action 1 – pg 2) The impact of institutional, structural and cultural
racism continues to be felt in every aspect of life, including housing,
employment, education, health, civil and criminal justice and economic
development. -
Despite international
condemnation, neo-colonialism and contemporary manifestations of slavery,
genocide, bonded labour, ethnic cleansing amongst other forms of insidious
practises that victimise individuals and communities are still prevalent around
the world. (Afro-European Conf on
Integration – p. 1) In addition there is also a persistent rise in racist
thought and action, xenophobia and related intolerances as expressed in neo-nazi
activities and extreme right wing violence. -
(AADC DOC back of p4)
Globalisation, as an ongoing process, is a powerful and dynamic force yet at
present its benefits are unevenly shared whilst its costs are unevenly
distributed. This results in countries with economies in transition bearing a
disproportionate share of the costs.
-
(International Criminal Justice
Caucus) The victims of racism and discrimination within the criminal justice and
prison systems continue to have their fundamental human rights seriously
violated. This occurs during the period of investigation, prior to or at the
moment of arrest, during the judicial, sentencing (including the death penalty)
and incarceration processes as well as still having limited access to legal
assistance, redress and compensation. Individuals from vulnerable cultural,
racial, ethnic, linguistic and religious groups, amongst others, continue to
suffer ill treatment and torture. -
(HEALTH DOC 201 – p1) Racism, xenophobia and other
intolerances are increasingly becoming major health determinants. There remains
an inadequate provision, access and poorer quality of health care treatment for
vulnerable groups. -
(A/CONF.189/PC.2/8 – p8 - AADC
DOC p. 3 + 4) The negative effects of environmental racism, including
industrial, municipal and military pollution, illicit dumping of toxic wastes
and substances, hazardous living and working conditions and dangerous methods of
extracting resources continue to have an exacting influence on individuals and
communities health and the environment. This is particularly so for the workers
and the communities of indigenous peoples, people of African or African descent,
migrants and other victims of racism. -
(Sikh Human Rights Group input to
the NGO Forum – p1) Although, culture is an integral component of social
identity, prejudice manifests itself at all levels of society, in the
perpetuation of negative stereotypes and practices that are harmful to
individuals or communities with distinct cultural identities. -
(amended from JEWS DOC 201) There
is an increase in anti-Semitic incidents and manifestations of Islamophobia,
amongst other forms of religious intolerance, as well as a rise in radical and
violent movements that foster racist and discriminatory ideologies and practices
against certain religious groups. -
(VIENNA DEC AND PLAN OF ACTION 2
– pg 2) The media and new technologies continue to perpetuate stereotypes and
discriminate on the grounds race, gender, ethnicity, caste, age, sexual
orientation, disability, religion, culture, social status, nationality amongst
other forms of discrimination. Indigenous Peoples: -
(IND DOC 28/05/01 – p.1) Indigenous Peoples that live in
every region of the world, including the Arctic, Africa, Russia, the Americas,
Europe, Asia and the Pacific amongst other areas, suffer discrimination and
marginalization. The belief in the inferiority of Indigenous peoples, in
addition to the lack of consultation with them on matters that effect them,
remain deeply embedded in the legal, economic and social fabric of many states
and has resulted in the dispossession and destruction of indigenous territories
and resources, political, religious and social systems. Indigenous women and
children, in particular, endure multiple forms of discrimination.
- [A/CONF.189/PC.2/MISC5 – pg 10] Although there exists a strong link in international law between the right to self-determination for Indigenous peoples and control over land and resources, the lack of effective control over proposed developments inevitably results in Indigenous Peoples suffering severe environmental and social disruption that renders ‘native title’ and land rights a sham. -
[A/CONF.189/PC.2/MISC5 – pg11]
Environmental racism, an historical form of racial discrimination, has led to
and continues to lead the ruination of our lands, waters and our environment by
the implementation of unsustainable development schemes such as mining,
deforestation, the dumping of contaminated waste, oil and gas drilling and other
land practices that do not respect our ceremonies, spiritual beliefs, the
biodiversity of our lands, economies and means of subsistence. African
and African Descendants: -
(Vienna declaration and plan of
action 1 – pg 3) Africans and African descendents remain victims of grave
discriminatory treatment in the legal and judicial processes as well as police
procedures (specifically police brutality). Amongst other practices, this
includes inaccurate accusations, duration of prison sentences, the inhuman state
of prisons, and where it exists, the death penalty. -
(Vienna declaration and plan of
action 2 – pg 3) Unlike the trans-Atlantic slave trade, the trans-Saharan
slave trade continues to this day unabated, affecting detrimentally the lives of
countless individuals and communities, particularly women, children and youth.
(Vienna declaration and plan of action 2 – pg 3) Despite international
agreements that condemn slavery, the trafficking of African children for slavery
and forced labour is still ongoing, (AADC DOC p. 2) whilst the enslavement and
other forms of servitude of Africans and African descendents have resulted in
substantial and lasting economic, political and cultural damage to these
peoples. In addition African and African descendent women are still victims of
sexual trafficking and sexual exploitation. -
(Vienna declaration and plan of
action 2 – pg 4) The criminalisation of blackness has been, and continues to
have a negative impact on African and African descendents around the world. Victims of Sexual or Gender-Based Violence and Gender Discrimination: -
(A/CONF.189/PC.2/20 – p. 13)
Sexual violence against women, children and youth is used increasingly as a
weapon of war. Women continue to be systematically raped, sexually mutilated,
sexually abused, deliberately impregnated and infected with HIV/AIDS in many
parts of the world engaged in armed conflict. -
(European
Women’s Lobby – p. 2) The media continues to perpetuate harmful stereotypes
in regards to women belonging to racial, migrant and ethnic communities,
particularly through pornographic material. Refugees, Documented and Undocumented Migrants, Asylum Seekers, Internally Displaced, Stateless Persons and Trafficked Persons: -
(Sikh Human Rights Group Position
Paper – p. 3/ NGO MX-P- p.1-2) As the number of documented and undocumented
migrants, refugees, asylum seekers, internally displaced, stateless persons and
trafficked peoples, both between and across borders, increases worldwide, states
have become more reluctant to deal effectively with displacement and related
discrimination. Restrictive migration and asylum policies; discrimination in
employment, housing, health care and limited access to social and legal
protection systems, are amongst some of the manifestations of intolerance
displayed towards such persons. -
(A/CONF.189/PC.2/3 – p. 18)
Children continue to be targeted as prostitutes, thereby increasing their
vulnerability to infections and sexual brutality. (National Black Youth Charter
p15) In addition, children and youth are still separated from their families
during deportation or displacement, (A.CONF.189/PC.2/MISC.4 – p.9) within
which context an absence of citizenship is transmitted from parents to their
children that makes them vulnerable to unscrupulous recruiters and employers. -
(A/CONF.189/PC.2/20 – p. 10)
Trafficking continues to be considered a gender issue. It is rarely analysed in
conjunction with race, ethnicity, caste, age, sexual orientation, disability,
religion, culture, social status, nationality and other forms of discrimination.
Whilst trafficking is a violation on its own, it can include intersecting
violations of a whole range of human rights. (A/CONF.189/PC.2/3 –p.5) In
addition, trafficked persons continue to be treated as criminals and such
practices are becoming increasingly institutionalised and reflected in the
actions of law enforcement officials and the judiciary. Palestinians: -
Palestinians continue to suffer
deprivation of their right to self-determination and return, inadequate
prosecution of the crimes committed against them, lack of compensation,
restitution and restoration of loss of land, homes and other properties. - Palestinians, inside and outside Israel are still victims of mass deportations, land and property confiscation/destruction, institutionalised racial discrimination, unrecognised villages, internally displaced persons, separation and fragmentation from other Palestinian communities, denial of national identity, colonial occupation; military attacks on civilians in civilian areas, deliberate impoverishment policies, collective punishments, severe restrictions on movement and besiegement of their communities.0 Caste: -
(APWLD – p. 83) Caste remains
an insidious and deeply entrenched form of discrimination on the basis of work
and descent, which has particular implications for women, children and youth.
Caste and descent-based discrimination affects millions of people, especially in
the Asia-Pacific area and Africa. Caste-based discrimination de facto continues
to deny access to public services including housing, education, health, land,
employment, social services and other resources normally available to citizens
of a country as a right. -
(Asia/Pacific NGO Network for the
UN WCAR – p. 1) Caste discrimination persists in preventing social mobility
and interaction. This is made manifest through the segregated housing
settlements and cemeteries, access to common drinking water, restaurants,
temples and restrictions on marriage amongst other forms of insidious
discrimination. In addition, we note with concern that any action taken by lower
caste peoples to assert their rights is met with extreme violence such as
burning of crops, destruction of crops, social boycott, rape and murder. Roma,
Gypsies, Sinti and Travellers: -
(RCPPAA – p. 1, “Aven Amentza”) The
institutionalized racial discrimination persists against the Roma, Gypsies,
Sinti and Travellers in terms of social exclusion, persecution, lack of access
to resources and participation in the political process at local and national
level. In addition, they continue to face obstacles in cultural
self-determination and expression as well as discrimination at all levels of
public, social and civil life, in regards to employment, housing and education. MEASURES OF
PREVENTION, EDUCATION AND PROTECTION AIMED AT THE ERADICATION OF RACISM, RACIAL
DISCRIMINATION, XENOPHOBIA AND REALTED INTOLERANCE AT THE NATIONAL, REGIONAL AND
INTERNATIONAL LEVELS General: -
A/Conf. 189/PC.2/Misc. 3 p. 4:
Taking into account the need for greater intercommunity relations that are
effective in resisting the pressures of racial discrimination, which has been
recognized as a global challenge by 156 nations that ratified the International
Convention on the Elimination of All Forms of Racial Discrimination; -
A/Conf.
189/PC.2/Misc. 3 p. 8: Recognizing the importance of education in combating
prejudice and in the protection of minority and indigenous rights, and further
recalling that many State parties have not implemented ICERD article 7; -
SHRG
p. 5: Bearing in mind that the elimination of ignorance about racism, racial
discrimination, xenophobia, anti-Semitism and related intolerance being an
imperative norm of the international community; the conference recognizes the
need for public information campaigns and other long-term initiatives to address
the dangers of racism, racial and cultural discrimination, xenophobia,
anti-Semitism and related intolerance, and to educate populations, especially
the young, about the merits of cultural diversity; -
A/Conf.189/PC.2/Misc.
3 p. 8: The Conference recognizes the importance of capacity-building and
training, including public seminars at the national level, on international
standards and mechanisms to give ICERD effect at the grassroots; -
A/Conf.
189/PC. 2/Misc. 3 p. 9: The Conference notes with concern the lack of school
curricula that meets international standards, and we recognize the value of
having school curricula that is void of discriminatory content and which teaches
the principles of equality; -
Af/Af
Descend 101 p. 10: Bearing in mind that education is a primary function of
understanding human rights, and that some educational systems have been used as
a tool for advancing racist ideology and in so doing have employed texts,
documents and other tools of learning that convey depreciative images of
Africans and African descendants; -
Af/Af
Descend 101 p. 10: Considering that schools and other places of learning play a
critical role in shaping future generations, and recognizing that current
efforts, in schools and other places of learning, to combat racism , including
challenging racist language, eradication of words and terms with racist content
and activities, are woefully inadequate; -
Af/Af
Descend 101 p. 5: Recognizing the importance of tackling racism and
discrimination at all levels of academic training, and noting with concern the
significant role that universities play in shaping other strata of the
educational sector and further noting the paucity of those who are the victims
of racism, racial discrimination and other forms of intolerance among the ranks
of the academic staffs of these institutions; - Af/Af Descend 101 p. 5: Recalling the historical barriers that have faced Africans and African descendants in their quest to obtain higher education and recognizing the financial and other institutional barriers faced by Africans and African descendants to access to universities and other tertiary level institutions, and further noting the inadequacy of existing mechanisms of financial support for students trying to enter universities or other tertiary institutions in the international arena; Health: -
Health Doc 101 p. 2: Bearing in
mind that the formal training received by health care providers/practitioners
can be transmitters of racial prejudices, and that health care
providers/practitioners are often not trained to provide culturally appropriate
care; and that members of afro-descent communities, indigenous communities and
other non-dominant racial/ethnic groups are not adequately represented as health
care providers; -
Health
Doc 101 p. 2: The Conference expresses its deep concern that historical
discrimination on the basis of race, gender, ethnicity, caste, age, sexual
orientation, people of disabilities, religion, culture, social status,
nationality and other forms of discrimination has produced inadequate health
care systems, denied access to quality, comprehensive health care and promoted
disparities in health status experienced by disadvantaged racial and ethnic
groups; -
Health
Doc 101 p.2: The Conference is aware that, whenever measures are not taken to
provide a clean environment because of discrimination on the basis of race,
gender, ethnicity, caste, age, sexual orientation, people of disabilities,
religion, culture, social status, nationality and other forms of discrimination
this has resulted in members of these groups having a lower health status, and
that the lack of a clean environment is not an effective prevention strategy for
the elimination of health disparities resulting from discrimination; -
Health
Doc 201 p.1: The Conference recognizes, with particular concern, that racism,
xenophobia and other intolerance have played a significant role in barring
access to education, and treatment for those infected, presumed to be infected
and affected by HIV/AIDS; Internet: -
Internet Doc 101 p. 1: The
internet is to the twentieth century what the printing press was to the
sixteenth century, a powerful tool to disseminate information and educate broad
audiences. Likewise, the Conference acknowledges that the internet has also been
used as an effective means of promoting racism, xenophobia, Islamophobia,
anti-Semitism, Holocaust denial and other related intolerance through websites,
newsgroups and other media on the internet, but this “cyberhate” is not
currently recognized as the threat that it is to society; Criminal Justice: -
Crim. Jus Doc 101 p. 4:
Considering that the criminal justice, immigration and prison systems have,
historically, engaged in racial discrimination on the basis of race, gender,
ethnicity, caste, age, sexual orientation, disability, religion, culture, social
status, nationality and other forms of discrimination, and recognizing that
these discriminatory practices occur because of the lack of comprehensive
awareness training for criminal justice system officers, including law
enforcement, prison, correctional personnel, judges, prosecution and defense
lawyers; -
Crim
Jus 101 p. 4: Recognizing that there is a vital need for comprehensive training
modalities to include peoples affected by the multiple forms of discrimination,
and that immigration officers, in particular, often lack training in the laws
relating to refugees as well as the human rights situation in refugees country
of origin; -
Crim
Jus 101 p. 4: The Conference is aware that the absence of accessible, free
translation for those interacting with the criminal justice, immigration and
prison systems is yet another way that these systems fail to protect vulnerable
populations from discrimination on the basis of race, gender, ethnicity, caste,
age, sexual orientation, people of disabilities, religion, culture, social
status, nationality and other forms of discrimination, -
Crim
Jus 101 p. 2: The Conference also notes with grave concern the absence of global
initiatives to eradicate ignorance of local laws and culture as a means of
protecting vulnerable populations from racism, racial discrimination, xenophobia
and related intolerance, Children and Youth: -
Int. Save the Child 101 p. 28:
Recognizing that one of the most identifiable effects of racism in the
educational system is the negative impact it has on the performance of children.
Also noting with concern the lack of representation of the victims of racism,
racial discrimination and other forms of intolerance on school teaching staffs; -
Int.
Save the Child 101 p. 28: Considering that instruction, which is not language
accessible cannot effectively reach the student population, and also noting with
concern that schools that do not provide instruction in a students own language
are in effect perpetuating discrimination and placing the student at a
disadvantage because of his or her particular native tongue; -
Black
Youth Charter p. 6 The Conference recognizes that educational systems have a
history of devaluing input from the students in the design of teacher training; Indigenous Peoples: -
Ind. Doc. 28/05/01, p. 3:
Recognizing that the racism faced by Indigenous Peoples is directed at
them both as Peoples as well as individuals, and that Indigenous Peoples have
long fought to address racism against their Peoples in international fora
because of the inadequacies of domestic legal and political systems, and noting
in particular the elaboration of the draft U.N. Declaration on the Rights of
Indigenous Peoples approved by the Subcommission on the Prevention of
Discrimination and Protection of Minorities in its Resolution 1994/45, and the
draft O.A.S. Inter-American Declaration on the Rights of Indigenous Peoples; -
Ind.
Doc. 28/05/01, p. 5: Considering
that racism against Indigenous Peoples is not well understood at the local,
national or international levels, in particular racism as it manifests itself in
the social, economic, political and legal structures of
States directed at Indigenous collective rights, and noting with concern
that information regarding Indigenous Peoples in the educational systems of
States is often inaccurate, misleading and perpetuates racism against Indigenous
Peoples, and must be improved in consultation with Indigenous Peoples; Roma, Gypsies, Sinti and Travellers: -
SERRC p. 2 Considering that the
Roma have long been subjected to ethnic discrimination and thus excluded from
the canons of history, culture, politics and many other spheres of public life,
and recognizing the absence or inadequacy of educational or media campaigns to
educate the public about Roma life, society and culture PROVISION OF EFFECTIVE REMEDIES, RECOURSE, REDRESS, COMPENSATORY AND OTHER MEASURES AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS General: At the international level: NGOs call on states to: -
Sign and ratify
without delay and reservations all international instruments providing for
equality and non-discrimination, in particular the International Convention on
the Elimination of All Forms of Racial Discrimination and to declare, in line
with provisions of article 14 of the Committee on the Elimination of Racial
Discrimination to consider communications from individuals or groups claiming to
be victims of violations of the Convention. (Strasbourg NGO Declaration) -
To
sign and ratify the other major international Human Rights treaties such as the
two international Covenants on Human Rights, the Convention on the elimination
of All Forms of discrimination against Women and its optional Protocol, The
International Convention on the Protection of the Rights of all Migrants workers
and their Families, the Convention Relating on the Status of Refugees and its
Additional Protocol(APWLD p81) -
Review
existing reservations to relevant human rights instruments with a view to
withdrawing them and ensure the full and effective implementation of those
instruments at the national level; -
Duly
and timely comply with reporting obligations provided by the relevant
international human rights instruments and publicise and act upon the concluding
observations and general recommendations/comments made by the relevant human
rights treaty bodies and other supervisory mechanisms; -
Fully
comply with international humanitarian law obligations and respect
non-discrimination provisions binding on all parties to an armed conflict; -
Reaffirm,
in accordance with international law and with the Statute of the International
Criminal Court, that the persecution of any identifiable group or collectivity
on political, racial, national, ethnic, cultural, religious, gender or other
grounds constitutes crimes against humanity and in view of the importance of
combating impunity, sign and ratify, if they have not yet done so, the Statute
of the International Criminal Court; -
Ensure
that, in accordance with universally recognised human rights norms, all groups
and individuals who have fallen victim of human rights violations have the right
to reparation, without any distinction based on race, colour, gender, sexual
orientation, age, disability, language, religion, political or other opinion,
ethnic, national or social origin, property, birth or other status; -
Enact
legislation to combat caste-based discrimination in those countries where such
legislation does not exist(Teheran NGO Declaration) -
To
abolish the death penalty, giving particular consideration to the fact that
throughout the world it is used disproportionately against people belonging to
racial, ethnic and national minorities (CRIM JUS.DOC IOI) -
To
commit to the creation of equal relations between northern and southern
countries and respect for Human Rights by international monetary institutions.
(Arab Caucus) -
To
address globalisation and the fact that it reinforces the exploitation and
exclusion from the full benefit of economical and political development and to
acknowledge the consequences of structural adjustments and debts overhead.
Therefore we urge Governments to cancel the debt in order to enable and empower
States and peoples to undertake the necessary transition to development and
prosperity.(Expert Seminar; Addis Ababa)
At the national level
NGOs call on all states to: -
Adopt comprehensive legislation expressly prohibiting
discrimination in all spheres of life, including but not limited to education,
housing, employment, health care, social services, access to citizenship, access
to public places and all other goods and services available to the public; this
legislation should integrate a full gender dimension, taking into consideration
the intersectional discrimination faced by black, migrant and ethnic minority
women(Strasbourg NGO Declaration) -
Ensure
adequate sanctions against the perpetrators of racist acts and in particular
increase sanctions applicable to violent assaults motivated by the actual or
presumed racial, ethnic or national origin of the victim; -
Recognize
the need to eliminate racist behaviour by law enforcement, correctional
personnel and other criminal justice officers and establish adequate sanctions,
to provide rapid and effective independent investigations of complaints, to
guarantee the right of appeal against arbitrary detention(CRIM.JUS.DOC IOI) -
Take
effective measures to prevent the criminalisation and racial profiling of
affected people at all levels of society, particularly African Descendants and
to prohibit the use of excessive force by law enforcement officers(CRIM.JUS.DOC
IOI and Vienna Declaration) -
Declare
illegal and prohibit organisations promoting and inciting racial discrimination,
and recognising participation in such organisations or activities as an offence
punishable by law, making hate-speech or other forms of expression which incite
hatred, violence or discrimination punishable by law, including by allowing for
the lifting of immunity of politicians who commit such crimes( Strasbourg NGO
Declaration); -
Review
all existing legislation, rules and administrative procedures, including those
on citizenship, nationality and immigration, to ensure that no provisions are
discriminatory, paying particular attention to legislation, rules and procedures
affecting target groups; -
Ensure
that all proposed legislation, rules and administrative procedures are in
conformity with international standards on non-discrimination and that there is
a mechanism overseeing and guaranteeing compliance with international law; -
Guarantee effective judicial remedies for all victims of racism,
racial discrimination, xenophobia and intolerance and provide reparation for
victims such as compensation, rehabilitation or satisfaction and the guarantee
that measures are taken to prevent the recurrence of violations. -
Accept
the rights of the African peoples of the continent and the African descendants
to just and fair compensatory measures which include apologies, reparations and
pledges of non-repetition of outrages suffered by Africans and African
descendants (African NGO Declaration) Specific issues:
Gender:
The NGOs call on States to: -
Examine the
intersection of race and gender in order to develop and implement strategies
aimed at the elimination of gender-based racial discrimination. Design, with
full participation of women and implement and monitor all anti-racist policies
as gender sensitive. (A/CONF.189/PC.2/20) -
Create
temporary special measures as outlined in Article 1(4) of ICERD and Article 6 of
CEDAW to create conditions of equality for historically disadvantaged
communities, particularly women, using the intersectionality of various forms of
discrimination.(APWLD Lobby Document) -
Undertake
all measures without delay for the elimination of all forms of violence against
women, including stringent measures in dealing with state and non-state
perpetrators of violence, and providing access to remedies for women who have
been subjected to violence. (APWLD Lobby Document)
Indigenous
Peoples: (Ind.Doc.28/5/01) The NGOs:
-
Strongly recommend the
adoption of the draft UN Declaration on the Rights of Indigenous Peoples
approved by the Subcommission on the Prevention of Discrimination and Protection
of Minorities in its Resolution 1994/45. The draft O.A.S. Inter-American Declaration on the Rights of
Indigenous Peoples should be pursued and adopted with the full and equal
participation of Indigenous Peoples, and must not contemplate lesser rights than
those contained in the U.N. Declaration. In general States must recognize the
collective rights of Indigenous Peoples. -
Recommend
that States eliminate laws and policies that deny or limit Indigenous land
rights, including rights to subsoil resources, and affirmatively recognize
Indigenous Peoples as the rightful managers of their lands and resources. States
must take immediate and effective measures to end the
devastation and contamination of Indigenous waters, lands, territories
and natural resources and the dispossession and denial of access to these
waters, lands, territories and natural resources. -
Recommend
that Indigenous governments and States develop programs on behalf of Indigenous
women, with their full and equal participation, to promote their civil,
political, economic, social and cultural rights; to end disadvantage due to
gender and race; to address urgent problems affecting them in all areas of life. African
and African descendants: (African and African Descendents Caucus) The NGOs call: -
On the Sub-commission
on the Protection and Promotion of Human Rights to establish a Working Group on
African descendant populations in the Americas. - On the UN to support a world institute dedicated to research, fact-finding and resource networking for Africans and African descendants and related issues
The NGOs call on states to: -
Acknowledge that
transatlantic slave-trade, slavery and colonialism inflicted on the African
continent constitutes crimes against humanity (African NGO Declaration)
-
Acknowledge the
principle of reparations for the cultural, demographic, economic, political,
social and moral wrongs of transatlantic slave trade, slavery and colonisation
and that the African and African descendants victims reserve the right to
determine the form and manner of reparations. -
Condemn
the current trans-Saharan slave trade which brings serious damage to Africa. -
Recognise
anti-Black racism as a form of racism which has its own specificity. -
The
NGOs call on African nations to take legal action to give priority to the
equitable redistribution of stolen, possessed and occupied land on the
continent; and call on the international community to support such actions. NGOs call on states to:
-
Design and implement
legal provision and concrete public policies ensuring the institutional
development of the Romas, Sinti and Travellers identity, their equal enjoyment
of civil, political, economic, social and cultural rights, their equal access to
development resources and their full participation to decision-making processes
at all levels. -
Take
into account and implement the provision of the CERD General Recommendations
XXVII “Discrimination against Roma” as adopted at its 57th
session at 16 August 2000. Call
on the UN to: -
Confer the status of a
non-territorial nation to the Romas, Gypsies, Sinti and Travellers. -
Establish
under its jurisdiction a permanent Romas, Sinti and Travellers Forum, as a
representative body of Romas, Sinti and Travellers experts, to be referred to
for any issues related to their situation in the world. Palestinians:
(Palest.doc.27/05/01) -
NGOs call on participants,
relevant UN organs and member States to support the Palestinian’s particular
call for the following remedies with the view to ensure Palestinian rights to
equality and enjoyment of all their fundamental rights including the fundamental
Human Right to be treated free from discrimination, Israeli colonialism and the
new form of Apartheid. -
Provision of effective and
permanent UN protection for Palestinian refugees, notably, the protection of the
UNHCR. -
Investigation and prosecution of
crimes against the Palestinian people perpetrated by Israelis, including grave
breaches of the Fourth Geneva Convention 1949, namely, war crimes. -
Placement of effective
international protection presence in the Occupies Palestinian Territories of the
Gaza Strip and the West Bank including Jerusalem (OPTs). -
Employment of all effective
measures available to participants, relevant UN organs and member States to
ensure that Israel complies with its obligations under human rights,
humanitarian law and UN resolutions with the view to end its colonial policies
and Apartheid system. Caste: (APWLD
Lobby Document) The
NGOs call on states to: -
Recognise that caste
discrimination is a contemporary form of slavery that should be abolished and
the abolishment be enforced, even where the perpetrators are states or state
agents. -
Ensure that Dalits and in
particular dalit women the livelihood, right to land, right to life, right to
protection from violence, right to participate in decision making structures, an
equal to all state and private sector institutions. Health
(Racism, Health and Healthcare) NGOs
call on states to: -
Routinely and
systematically collect race, gender and socio-economic data related to health
status and health care. This should include data on access and quality
(particularly services delivery, diagnosis and treatment, facility availability
and other related health activities and services). -
Provide effective
mechanisms for the monitoring and elimination of health care racism, racial
discrimination and other forms of discrimination and provide for specific
redress to the issue of racial discrimination in healthcare. -
Adopt and
implement policies and programmes to improve HIV/AIDS prevention efforts in high
risk communities and expand to HIV/AIDS therapies and other treatment needed for
HIV/AIDS in disadvantaged groups. -
Adopt measures to
provide a proper environment for disadvantaged groups, including action to
reduce and eliminate industrial pollution that affects them disproportionately. Culture:
(SHRG Position Paper) The NGOs call on states to: -
Approach cultural and national
diversity not as a threat but the key to prosperity and peace; states should
therefore recognise the existence of different ethnic, cultural or religious
groups within their national boundaries, respecting and protecting their
cultural, civic, economic, political, social and human rights and address
racism, xenophobia and discrimination on the basis of race, culture, religion,
ethnicity and political opinion. Refugees,
Documented and Undocumented Migrants, Asylum Seekers, Internally Displaced,
Stateless Persons and Trafficked Persons: The NGOs call on states to: -
Recognise the positive
political, economic and social roles and contributions of migrant workers. (Asia
Pacific NGO Forum) -
Provide to
Asylum-seekers, refugees and migrants access to basic economic and social rights
as provided in International law, including social security, healthcare,
education, employment and adequate housing and remove current obstacles to their
equal economic, social and political participation. (Migration
Refugees Caucus) -
Put an end to
selective admissions policies that reinforce racist and xenophobic attitudes and
practices -
Eliminate
discriminatory treatment by public authorities, in particular police, other law
enforcement officers, immigration officers as well as de facto immigration
officials such as airport and airline employees, of persons from countries of
emigration, asylum seekers and undocumented persons; -
End custodial
detention of asylum seekers who have committed no crime and end physically
abusive methods of restraint during deportations. (Strasbourg Document) -
Ensure that the right
of undocumented and other migrants to collective and individual regularisation
measures aimed at correcting the effect of excessively restrictive migration
policy is protected. To provide effective remedies for Human Rights violations
(including police abuse, sexual assault and domestic violence (Migration
Refugees Caucus) -
Facilitate entry for
purposes of family reunion and integrity and ensure that once admitted, family
members enjoy secure and independent residence status, including the full
enjoyment of all economic, social and cultural rights. (Strasbourg Document). -
Investigate and
address the root causes of migration and trafficking including poverty,
political and social oppression. (Asia Pacific NGO) -
Provide legal migration avenues in
order to eradicate trafficking of persons, particularly women and children
vulnerable to recruitment by traffickers. (Asia Pacific NGO) -
Include measures
intended to combat trafficking by taking into account and including provisions
on witness protection and human rights protection as well as complying with
international Human Rights standards; (Migration Refugees Caucus) -
Provide resident status for
trafficked persons in countries of destination and adequate health, safe housing
and social services. (Asia Pacific NGO) -
Establish policies that would
strengthen the accountability of sending countries while also enabling states to
monitor the activities of non-state agencies such as private recruitment
agencies and trafficking syndicates. (Asia Pacific NGO) Children
and Young People: The
NGOs call on states to: -
Sign and ratify the
Convention on the Rights of the Child (CRC) and its optional protocols, without
any reservation -
Grant all fundamental
rights of the CRC to each child, especially girls, within the jurisdiction of
the state regardless of the child’s legal status, as provided by the UN
Committee on the Rights of the Child. -
Improve reporting at
the national level on how racial discrimination affects children and young
people and place greater emphasis on children and young people in reports to
CERD and other relevant treaty bodies. -
Listen to all children
and young people, especially those who have been or are the recipients of
discrimination, involve them in all decisions that affect their lives and
mobilise them in the fight against racism. (European Caucus of NGOs) -
Eliminate the
substantive norms and judicial processes that condemn children, adolescents, and
youth to sentencing as adults. (Youth Caucus) V
– Strategies (to be completed and finalised): The
NGOs call on states to: -
Involve
representatives of target groups and NGOs at all stages in designing,
implementing, monitoring and evaluating policies to combat and prevent racism
and related discrimination; -
Gather
reliable disaggregated statistical data reflecting as accurately as possible the
situation of groups that are the target or potential target of racial or other
related forms of discrimination to show the racial impact of all policies.
-
Provide adequate
financial support to organisations specialised in anti-racism and Human Rights,
in particular to grass roots organisations.
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