NGO PROGRAM OF ACTION FOR THE WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE TO BE HELD IN DURBAN, SOUTH AFRICA, FROM THE 28 AUGUST TO 1 SEPTEMBER 2001

 INTRODUCTION

This Program of Action, referred to as P.O.A, provides a broad framework of principles that have to be taken into consideration in designing forms of actions that civil society, as a sector represented by NGOs, will engage in, in combating racism racial discrimination, xenophobia and related intolerance at national, regional and international levels. This P.O.A. also provides the role that has to be played by governments at national, regional and international levels.  Its aim is to provide broad principles that should underpin a program that will reflect on the following:

  • how to eradicate racism;
  • priority by governments;
  • practical steps that are achievable;
  • address existing systems and infrastructure; and
  • instruments to be used at international, regional and national level.

     

Because this is a plan that is designed for a 10year period before another World Conference, which will assess how far have we gone into combating these social evils confronting society, such a program shall be implemented on the basis of three periods. This 10year period is divided into 3 assessment periods, divided between short-term (1-3 yrs), medium-term (3-5 yrs) and long term (5-10 yrs)

This P.O.A. is divided into 5 categories: Globalisation, Education, Media, Legal Framework and Reparations. It is believed that these categories entail the most important instruments for curbing the scourge of racism, racial discrimination, xenophobia and related intolerance. In its conclusion stage, this P.O.A will recommend the formation of strong and effective structures that will coordinate and monitor the implementation of this P.O.A. at a regional and global level. This P.O.A. will also recommend that the regional and international coordination and monitoring structures submit reports during the end of each assessment period. 

THEMES OF THE WCAR 2001

  • Sources, causes, form and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance.
  • 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 related 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 intolerance.

A. GLOBALISATION

To fight against racism, racial discrimination, xenophobia and related intolerance the following mechanisms have to be implemented at international, regional and national levels.

International Level
  • the financial institutions such as the World Bank, IMF, the Paris Club, European Bank commit themselves in the aid, promotion and support in the fight and the ultimate eradication of racism, racial discrimination, xenophobia and related intolerance;
  • These financial institutions and international development agencies should make it a priority to approach development from a humanized perspective, by recognizing and acknowledging progress in the fight against racism, racial discrimination, xenophobia and related intolerance as an indicator of socio-economic development;
  • The international bodies especially the United Nations to encourage and ensure that all its member states maximize their investment strategies, especially with regard to investment in most African and other less developed countries;
  • The multinational corporations must consider community development before profit accumulation as it is their responsibility to restore, rebuild and develop the under-developed and the developing countries.
  • Call for an expedient and common move towards the Third World Debt Cancellation by First World Countries;
  • Call for the re-channelling of UN member states budget from military expenditure to economic growth and development
Regional Level
  • the already established regional bodies- civil society, financial institutions and  governments- that deal with socio-economic development have to be strengthened and re-oriented;
  • states to sign, ratify and implement regional treaties that promote regional economic integration and growth development;
  • coordination and cooperation in strengthening multi-governmental relations and multi-governmental organisations concerned with regional integration and development;
  • adopt feasible and realizable socio-economic policies that will provide regional integration and development especially in the field of trade relations and investment;
  • lowering or removing regional trade barriers in order to encourage free trade relations between and amongst the states in the region
  • organise 3 regional conferences and consultations, for civil society, financial institutions and governments, during the 3 periods of evaluation. The 1st conference to take place in the first 3years after the adoption of this P.O.A, the 2nd after 5years and the last one in the year preceding the 10th year of the adoption of this P.O.A.
National Level
  • states must sign and ratify, without reservations, the international conventions and any relevant ILO agreements;
  • they must adopt comprehensive domestic legislation that incorporates the principles, rights, duties and obligations stated in the conventions;
  • states should adopt, in consultation with civil society organisations, comprehensive national policies and action plans to combat racism especially in the workplace and in bi-national trade relations;
  • there must a review, by state parties and civil society organisations, of free market policies which albeit promote privatisation of state assets and investment;
  • there must be an investigation, by state parties and civil society organisations, of factors which negate job creation and economic growth and development, and conversely lead to job losses, joblessness, shuttered factories and gutted social programs;
  • the state budget must be drafted in full cooperation and participation of civil society, with the aim of shifting from military spending and redirecting of monies to social spending. 
Civil Society
  • society should be the main catalysts of economic development;
  • there is a need to build the capacity of civil society through skill development programs and social programs, which are in line with  community development;
  • civil society structures to develop programs that seek to improve the living conditions of the poor;
  • civil society structures to engage in the process of educating communities on their socio-economic rights and they must lobby governments to take up issues of economic integration and development.

B. EDUCATION AND CULTURE

It is recognised that education is a powerful and long term method of attempting to combat racism. Education has been used in the past as a propaganda tool to promote racism and other forms of related intolerances which have resulted in the creation on iniquitous systems of prejudice and discrimination causing hurt, poverty and disempowerment.  Therefore educational institutions used effectively may play a huge role in building values, self-esteem, respect for others and self as well as learning to co-exist peacefully with others. The draft declaration to be presented at the NGO world conference stated amongst other things the power of education to eradicate racism.

A.1. The five themes of the conference refer to education in the following ways;

Sources:

  • Society  -  i.e. the family unit and schools
  • Internet – access, use, monitoring
  • Allocation of resources 
  • Institutions of education
  • Process of education
  • Production of education
  • Implementers i.e. educators, managers, officials, civic society
  • Reliance on government
  • Lack of co-ordination and integration

  • Within civil society

  • Between civil society and government

  • Between government and international structures

§         Lack of engagement with active perpetrators of racism

  • “Separate incidents” mentality
  • Aculturisation and status issues
  • Lack of proper research and information

Victims

  • People of African descent and other minority groups
  • Women
  • Disabled
  • Refugees
  • Historically disadvantaged

Measures of prevention

  • Develop instruments for whole educational system approach
  • Life long learning philosophy
  • Engagement of active perpetrators
  • Early warning systems – civic society, government
  • Education of implementers
  • Inclusion of indigenous people; culture, philosophy and language
  • Enable resource flow between various sites
  • Civil society to write legislation and address issues

Remedies

  • Use of the internet in the same way as racists promote our messages
  • Access to existing materials and lessons
  • Change through the inclusion of:
    • Experiential education
    • Delivery of education
    • Recognition of education principles
    • Civic society and government
  • Co-ordination of critical mass initiatives “scaling up” and “scaling down”
  • Intensive public awareness
  • Lobby government to hear
  • United Nations processes – civic society reports / signatories
  • United Nations and national governments – education programmes and resources

Strategies

  • International conference for ministers and practitioners
  • Best practice
  • Formation of International alliance – out of WCAR section
  • Utilise culture
  • Monitoring as a means of education – public awareness
  • Mobilisation of international public opinion
  • Inclusion of community radio and media
  • Need to reformulate as a moral message
  • Target individuals on the street
  • Lobby international community re: procedures and development frameworks
  • Co-ordination of sustainable effort
  • Co-operation between governments and NGO’s
  • Development of an immediate post-conference agenda
  • It was suggested that an international education structure be set up within regions with possibly one international office.  Possibly SANGOCO which has been tasked with organising the conference or another organisation could be utilised for this co-ordinating role. The functions of this international education structure would be ;

  •  Publish

  • Research

  • Spearhead international work

  • Co-ordination

  • Monitoring

  • Archives and resource base

  • Local, regional and international levels

  • Administration support

  • Interface with international governance structures and civic society

  • Capacity

Funding is needed for most of these initiatives

Structures

           

Thus education plays a major role in contributing towards the eradication of racism through various structures of society.

A.2. International bodies

The United Nations must ensure that all conventions relating to education are ratified and implemented by party states. 

A special call has been made by UNESCO on countries to adopt the UNESCO convention against discrimination in education which was one of the binding instruments dealing with the struggle against discrimination.  This case has been made as we approach the third World Conference Against Racism.  In particular article 5 of the convention calls on the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.     

Other United Nations conventions such as the UN Convention on Economic and Social rights with particular emphasis to article 13; The United Nations Declaration for Human Rights with particular reference to Article 26; The United Nations Convention Rights of the Child with particular reference to article 28 and CEDAW, with particular reference to article 10, must be ratified and implemented and those articles relating to education for all must be clearly implemented within each country.

In accordance with the NGO WCAR declaration, the UN is further encouraged to assist states to design national curricula that is likely to promote acceptance of all groups in society and non-discrimination and mutual understanding between peoples.

Suggestions have been made that CERD increase its powers of monitoring over countries who have to implement human rights and anti-racism legislation in terms of education.

Other international bodies such as the World Bank, IMF, etc, must commit themselves to promote the eradication of discrimination in education.

A.3. Regional bodies

Regional bodies which have been set up to promote unity and solidarity of nation states  within those regions and human rights bodies which have been set up to monitor and implement human rights shall ensure that equality in education and non-discrimination is promoted in all nations that fall within this region.

In particular, the African Charter on human and peoples' rights, the American Declaration and the European Convention for the protection of human rights and fundamental freedoms shall monitor and promote human rights.

A.4. National bodies

States must intensify their efforts in the field of education, to promote the consciousness of the evils of racism, racial discrimination, xenophobia and related intolerances in order to ensure the respect for the dignity and the worth of all human beings.  Sensitisation programmes should be formulated in several local languages.

Education shall take place through all levels of society within the following broad framework;

  • Human Rights shall be taught in a comprehensive and holistic fashion for political, cultural, social and economic transformation.
  • Human Rights education should serve as a powerful tool of action for achieving social transformation.
  • Human rights education shall empower grass roots communities through learning about human rights as relevant to peoples lives to achieve equality, justice and an end to discrimination.
  • Within society there are a number of structures which can play a powerful and influential role in learning about anti-discrimination and promoting equality, justice and peace. These will be highlighted below;  
  1. Education as learning institutions.
    • Education in schools on human rights and equality must be introduced at primary as well as high school level.
    • Additional areas of human rights such as conflict resolution, re-introduction of history, elements of psychology, gender studies etc. shall be introduced as topics in relation to human rights.
    • All students must be aware of and understand their rights and those of others.
    • Anti-racism and other forms of intolerances including gender teaching shall be included in teacher-training programmes.
    • Text books which have racially, ethnically or gender biased references must be edited appropriately at all schools, universities, professional and vocational establishments.
    • Minority and other discriminated groups shall be included as teachers and disseminators of anti-discrimination.
    • Education of ethnic, racial and gender groups should be included in the curriculum particularly in terms of primary schools.
    • Cross-cultural exchange (internationally and especially in terms of religious, cultural and racial groups) shall continuously be encouraged. 
    • Awareness raising campaigns against the evils of racism and other forms of intolerances must be undertaken by all sectors of society (i.e. government, NGO’s and other groups).
    • Government must take active steps to ensure that all sectors of society in particular those from minority groups (or discriminated groups) enjoy equal access to education and in some cases ensure that there are minimum quota to ensure as wide a representivity as possible of the disadvantaged groups.
    • Stories of slavery, colonialism and racism should be told publicly in order for victims to recount the experiences and for others to learn from them.
    • The promotion and celebration of cultural diversity amongst children shall be pursued.
  2. Security forces
  • Issues of discrimination facing various vulnerable groups in society shall be conveyed to security forces through education programmes. Sensitisation to these groups shall be an important part of training of security forces.
  • The military and police need to be recipients of human rights training whereby respect for the dignity of the individual is acknowledged and respected.
  • Military and police must be taught on how to differentiate between protecting all human beings no matter what their status while maintaining law and order.
  • Education on the military must include the fact that racial discrimination is outlawed internationally and in terms of national anti-racism legislation that exists within countries.
  • Members of the security forces who are recruited shall be representatives of all the various and diverse groups in society and they will receive equality in education particularly in terms of human rights and non-discrimination.
  1. Legal profession
  • Members of the legal profession including lawyers, judges, magistrates and members of the executive and legislature need to be updated on human rights legislation and anti-discriminatory laws.
  • Training of the above needs to take place in terms of international law as well as domestic legislation.
  1. Government
  • Government departments must be trained in human rights education so that implementation of policies reflect the spirit of human rights.
  • Government officials at all spheres of government should receive anti-discriminatory education.
  • Government officials dealing with migrant workers and asylum seekers should receive anti-discriminatory training and be made aware of national legislation which counters discrimination.
  • Government officials particularly in foreign affairs and justice portfolios shall be continuously updated on the latest international legislation relating to human rights as well as requirements for ratification and national implementation.
  1. Communities
  • NGO’s and CBO’s shall be encouraged and supported by nation states and other international bodies in promoting human rights and the elimination of all forms of discrimination including that against women through education programmes.
  • NGO’s shall promote awareness campaigns on human rights.
  • Adults in civil society, given their influence within families shall be aware of the importance of human rights in relation to children and all members of society.
  • Lobbying and advocacy skills as well as community management skills should also be provided to civil society in order to provide a framework for organising and taking responsibility for human rights in their respective communities.
  • Refugee groups should also receive human rights training as well as methods of accessing their rights in terms of existing legislation in their respective countries.
  1. Training in industry

§        Business corporations shall ensure that they promote understanding and acceptance amongst their workforce through educational programmes which promote equality and tolerance and focus only on the humanity of individuals.

§        Skills for disadvantaged groups within the workplace shall be provided in order to provide opportunities for equality of all groups within all structures.

  1. Religious and traditional institutions

§   All religious and traditional institutions within countries should ensure that their teachings and practices fall within the broader human rights framework which condemns discrimination on various grounds.

§    The evils of racism and discrimination shall be taught within the religious structures of institutions.

  1. General

§Access on the right to information and general human rights relating to every aspect of peoples’ lives shall be provided to all citizens of every country.

§Human Rights manuals and booklets should be made available to all participants of training in order to encourage an environment of train the trainer in all of the relevant  languages.

§ Media campaigns on human rights should be launched on different regional and national institutions in relation to human rights.

§ Regional human rights organisations (such as the African Commission in the OAU, European Commission and Inter-American system of human rights) should be encouraged to urge their governments in promoting human rights systems in their respective countries.

§Continued and updated research on racism and other forms of discrimination should be supported and maintained in the long term.

  1. Monitoring bodies

The following bodies shall be responsible for monitoring;

§ Office of the high commission of human rights

§Justice departments within different countries

§National human rights commissions

§Special monitoring bodies nationally reporting to international bodies

§The establishment of national monitoring committees

  1.   Time frames

There shall be time frames within which to monitor the implementation of this programme.

  • Initially  a period of between 1 to 3 years
  • Thereafter a period of between 3 – 5 years
  • Finally a period of ten years

Furthermore, important human rights events highlighted by the United Nations can be used as guidelines or milestones for achieving certain goals or plans for example the 21st March every year is International Day against Racial Discrimination as is the 10th December every year International Human Rights Day.

C. MEDIA

The Media has become an increasingly important and influential actor in the fight against racism. Unfortunately, there are many instances where the media has been culpable of re-enforcing racism through deliberate action or unconscious bias.  In extreme cases, the media have been found to be implicated in the promotion of race, hatred and xenophobia.  However, there have been and continue to be courageous editors and journalists and media owners who do act to end racism.

The Program of Action is designed to strengthen these actors, to sensitize the media to unconscious bias and the inherently contradictory nature of the institution, and to ensure that the media takes forward the aims o the WCAR.

Whilst the programmed of action tends to focus on the mainstream media, it does understand that the media is diverse, both in terms of ownership (state, private and community) and the medium (broadcast, print, electronic, and community) and is a rapidly changing institution.

There are actions to be taken by the States, and their regional and international forums; by the media at international, regional and national levels and by civil society in all it’s international, regional and national forms.

International level
  • We encourage participating States to organize and support initiatives for the regular dissemination of information at national, regional and international level and to include and facilitate the role of non-governmental organizations in this respect.
  • The International media through its networks, organizations and activities at regional and international levels should consider developing and ethical code of conduct that is self-regulatory and prohibits racial discrimination, xenophobia and related intolerances in all its forms.
  • The resources and networks of the UN system and other international bodies should be used to create a database that be utised to promote the struggle against racism.
  • All States should sign, ratify and implement international and regional instruments relating to racism, xenophobia and related intolerances.  National legislation should be developed which conforms to international norms and standards on human rights.
  • All international players should commit themselves to educational and preventative programs which are to be implemented in various countries and regions.
  • There should be co-operation at an international level to create opportunities for technical co-operation in the media, and to develop academic studies and policy issues in the struggle against racism and related intolerances.
National level

We urge all States to:

  • Organize and support networks of information in the fight against racism and related intolerance at local, national, regional and international level, facilitate the key role of NGO’s in combating racism and related intolerance, as well as acknowledge their significant role in disseminating information and establishing networks among target groups;
  • Facilitate the provision of free access to sources of information on the rights and remedies of victims of racism and related intolerance;
  • Recognize the importance of community media that give a voice to men and women from disadvantaged backgrounds, and provide adequate funding for those local grassroots media;
  • Make it compulsory for all schools of journalism and media training institutes to introduce specific courses on the implications for professionals of working in multi-ethnic and multi-cultural societies and include information on such issues in the curriculum;
  • Supply adequate funding for coordination and networking of NGO’s monitoring the media on issues of racism and non-discriminatory reporting;
  • Recommend that the media adopt codes of conduct, which prohibit the diffusion of ideas propagating racial hatred and discrimination and promote the values of mutual respect and tolerance among all peoples;
  • Consider National legislation to encourage encouraging greater representivity of marginalized groups in the ownership and management of the media;
  •   Inform and make decision-makers and the general public, in particular young internet –users, more aware of the problem of dissemination of racist messages through internet as well as in other forms of public expression and communication such as music and computer games;
  • Include reference to the Internet in their State Reports under the International Convention on the Elimination of All Forms of Racial Discrimination;
  •   Address any gaps that exist between international media standards and any regional instruments and national legislation.

We call on the media to:

  • Recognize the occasions in which the media have been culpable of promoting racism and develop strategies for responding to this culpability;
  • Provide and inclusive coverage of society, by depicting society in it’s cultural, ethnic, and religious diversity in a balanced and objective manner and by using diverse sources of information, including form men and women with a disadvantaged background, reporting in a way which also reflects the perspectives and outlook of groups that are the target or potential target of racism;
  • Promote the recruitment of journalists for print and broadcast media from groups targeted or potential targets of racism, as a reflection of multicultural society in a mainstream media;
  • Recognize the importance of equal representation of women of ethnic minority background in the media and in the media profession;
  • Develop self-regulatory codes of conduct with high ethical standards with regard to combat racism in the media;
  • Develop appropriate codes and regulations to govern the dissemination of information through the Internet;
  • In cooperation with NGO’s, learn about and implement projects reflecting best practices, such as development and the wide distribution of video portraits of positive images of disadvantaged and anti-racist work.

We Commit Civil Society to:

  • Monitor the actions of the State and the media in attending to these proposals;
  •   Lobby for regional and national programs of action prepared for or arising out of the World conference to give more attention to the media;
  • To engage with the media in developing an understanding of the damage caused by the promotion of globalization;
  • To ensure that the media does popularize the outcomes of the NGO forum and the World Conference;
  •   To Support community-based media initiatives.

D. LEGAL FRAMEWORK 

The legal framework encompasses legal protection, promotion and advocacy at International, Regional and National levels of laws, policies and procedures to guard against racism and related discrimination. Institutional Mechanisms of enforcement should also protect, promote and raise awareness all these levels. All States should fully comply with humanitarian law obligations and respect non-discrimination provisions binding on all parties.

International level -All nation States are urged to:

  • Sign and ratify without delay all international instruments and in particular those relating to equality and non-discrimination and to accede to the major international human rights treaties such as the two International Covenants on Human Rights; The International Convention on the Elimination of all forms of Racial Discrimination. (ICERD), the Convention on the Elimination of all forms of Discrimination against Women (CEDAW); The Convention on the Rights of the Child; The Convention on Indigenous and Tribal Peoples; Unesco Convention against Discrimination in Education; The Convention relating to the Status of Refugees; the Convention on the Prevention and Punishment of the Crime of Genocide; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the protection of Rights of All Migrant Workers and Members of Their Families. Special reference is also made to all the instruments referred to in the aforementioned Declaration and incorporated herein. All States should also review and strengthen these treaties and conventions to increase its effectiveness.
  • Note that the use of reservations to human rights treaties constitutes a serious obstacle to the genuine implementation of human rights norms and standards, and therefore urges all States, in line with the Vienna Declaration and Program of Action, to urgently withdraw and remove such reservations, in particular those articles 4 and 6 of the International Convention on the Elimination of all forms of Racial Discrimination.
  • Make the Declaration under article 14 of the International Convention on the Elimination of all forms of Racial Discrimination  (ICERD) apply.
  • To review the status, functions, powers and effectiveness of CERD with a view to increasing its impact.
  •   Increase co-operation and co-ordination between relevant national, regional and international mechanisms and institutions combating racism, racial discrimination, xenophobia and intolerance, including all other forms of religious intolerance.
  •  To ensure that, in accordance with universally recognized human rights norms, all groups and individuals who have fallen victim to human rights violations have the right to effective remedies, without any distinction based on race, color, gender, sexual orientation, age, disability, language, religion, political or other opinion, ethnic, national or social origin, property, birth or other status.
  • To reaffirm, in accordance with international law and with the Statue of the International Criminal Court, that the persecution of any identifiable group or collectively 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.
  • The United Nations is encouraged to work more closely with States and Civil Society including persons/organizations discriminated against as well as other international actors to urge States to comply with their obligations under international law to promote minority rights.
  • States should comply with their financial obligations under international law and ensure that all dues/contributions are paid to the United Nations to ensure that sufficient resources can be allocated for the protection and promotion of rights of persons/organizations who are discriminated against.
  • The United Nations and other regional and national protection bodies should work closely with States, Civil Society and other relevant stakeholders to strengthen monitoring, evaluation and advocacy programs that would address appropriate legal, economic, cultural, political, educational and social measures.
  • All UN Bodies should be structured in a democratic and representative manner. The United Nations and its member States should also review and restructure the composition, operations and functioning of the Security Council.
  • The United Nations should create a system where coordinating mechanisms serve to integrate and coordinate all activities with regard to the fight against racism and discrimination.
  • The UN and all it’s agencies should apply non-discriminatory standards of enforcement in the allocation of resources. It should strengthen mechanisms for compliance.
  • Set up and call for international measures that will address Debt cancellation and focus on the impact of GATT, TRIPPs, etc on Nation States.

At a Regional level – All States should ensure

  • That Regions that do not have regional systems dealing with Human Rights and discrimination in particular, should establish such systems.
  • All Regional systems should ensure that the systems, legislation, and standards adopted and implemented should reflect international norms and standards. These laws, norms and standards should apply at all levels: international, regional and national.
  • The establishment of, and support for regional bodies specialized in combating racism and intolerance and urges the coordination of intergovernmental organizations concerned with discriminated groups or individuals.
  •   The importance of the adoption and implementation by States of legislation providing for the prosecution and punishment of persons suspected of having committed grave breaches and other serious violations such as crimes of war.  Domestic legislation should also enable states to exercise universal jurisdiction over such acts.
  • The importance of disseminating the rules of international humanitarian law among members of the armed forces and civilian population in peacetime as well as times of conflict.
  • To organize conferences and consultations at a regional level to enhance dialogue, identify common problems and develop successful solutions to the problems raised by racism and intolerance in the region.

At a National Level - We urge all States to:

  • Note that the National level is a crucial level in that it is the area where violations and sometimes denial take place.  It is however also the level where protection and promotion of human rights can be most effective.
  • Note that the foundation of any successful anti-racist policy is political will – the will to acknowledge, publicly and consistently, that racism is a grave and pervasive problem that must be combated.
  • All States that have not yet done so are encouraged to sign and ratify the International Convention on the Elimination of all forms of Racial Discrimination without any reservations or declarations within a specific period.
  • All States are urged, after signing and ratifying the international convention, to adopt domestic legislation that incorporates the principles, rights, duties and obligations as stated in the convention.
  • All States are urged to implement international conventions and domestic legislations by ensuring consistent and effective enforcement of existing international standards regarding prohibition of discrimination against minorities/discriminated persons or groups.
  • 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, fair treatment of non-citizens, access to ownership of land and all other natural resources, access to public places and all other goods and services available to the public
  •   Pay particular attention to the definition of racial discrimination contained in article 1(1) of the International Conventional on the Elimination of All Forms of Racial Discrimination, which defines “racial discrimination” as “ any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”.  States should also ensure that the definition pervades all spheres of life.
  •   To accede to the International Convention on the Elimination of All Forms of Racial Discrimination and encourage them to declare, pursuant to article 14 of the Convention, that they accept the competence of the Committee on the Elimination of Racial Discrimination (CERD) to consider communications from individuals and groups concerning violations of the Convention.
  • To adopt legislation in accordance with Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, declaring illegal and prohibiting organizations promoting and inciting racial discrimination, and recognizing participation in such organizations or activities as an offence punishable by law.  States, which have made reservations under this article, are urged to consider withdrawing them. 
  • To recognize that all State Parties to the International Convention on the Elimination of all Forms of Racial Discrimination should report to the CERD in a timely and comprehensive manner.  All States should be encouraged to move beyond the recapitulation of domestic legal provisions concerning Convention obligations and to report more fully on the actual situation of individuals belonging to minority groups, disaggregating data by race, color, descent, or national or ethnic origin, and including measures the government has taken to improve the situation.
  •    Ensure all proposed and existing legislation, rules and administrative procedures, are in conformity with international standards and that no provisions are discriminatory, paying particular attention to legislation, rules and procedures affecting target groups.
  •   Guarantee effective judicial and other remedies for all victims (civil and criminal) of racism, racial discrimination, xenophobia and intolerance, in particular by:
    1. Ensuring that all remedies are accessible, well publicized, uncomplicated, efficient and expedient;
    2. Ensuring that legal assistance, including legal aid, is available to all victims
    3. Ensuring that interest groups as well as individuals are able to bring proceedings against the perpetrators of racist acts;
    4. In civil cases in which there is prima facie evidence of racial discrimination the burden of proof should be shifted to the defendant in certain circumstances.
    5. Protecting witnesses or complainants against victimization.
  • States should adopt, in consultation and collaboration with members of target groups, NGO’s, trade unions, and members from civil society organizations and independent experts, comprehensive national policies and action plans to combat racism, racial discrimination, xenophobia and intolerance to promote cultural diversity and participation, with specific regard to multiple discrimination as experienced by women.
  • States and Civil Society Institutions should embark on Human Rights Awareness and Education Programs to introduce these policies, laws and regulations.
  • Establish independent specialized national institutions combating racism, racial discrimination, and xenophobia and related intolerance. The independence and effectiveness of these institutions should be reviewed, their activities monitored and adequate resources should be provided to ensure that they function effectively.
Role of Civil Society
  • One of the many roles and responsibilities of Civil Society is the responsibility to reflect upon itself and to ensure that an “sector” it does not perpetuate racism, xenophobia and related intolerance through it’s agents/representatives.
  • States should be encouraged to involve civil society organizations in awareness raising and in the monitoring, evaluation and implementation of Governmental Policies and Programs.
  • Civil Society should prepare alternative or shadow reports dealing with inequality and non-discrimination.
  • Civil Society should assist the State/s in a process of identifying victims of racism, racial discrimination, xenophobia and related intolerance and assist them to access the legal remedies in place.
  • Civil Society institutions must co-ordinate and assist persons who have been discriminated against in bringing their cases before national, regional and international tribunals/courts or other fora.
  • Civil Society institutions should conduct research, education and training of communities and policy-makers on issues such as how the legislative processes works and how to use them to combat racism. Resources should be made available by the State to conduct these activities.
  • Civil Society should ensure that it is able to influence, advocate and lobby Governments at national, regional and international levels.
  • Civil Society Organizations should use best-practice models resulting from projects and programs undertaken by Governments and Civil Society in combating racism.
  •   Efforts should be made to promote co-operation and co-ordination among international agencies and donor bodies in the activities aimed particularly at eliminating all forms of discrimination with a view to maximizing financial and technical resources.
  • An effective networking body should be set up that will communicate, inform and educate civil society organizations on the issues of racism, xenophobia and related intolerance at national, regional and international levels.            

E. REPARATIONS

Reparations was seen as fundamentally a question of justice, human rights and the restoration of lost human dignity. It was agreed to focus on efforts “to consider ways and means to better ensure the application of existing standards and the implementation of the existing instruments to combat racism, racial discrimination, xenophobia and related intolerance.”  And “to formulate concrete recommendations on ways to increase the effectiveness of the activities and mechanisms of the United nations through programmes aimed at combating racism, racial discrimination, xenophobia and related intolerance.” It was understood that in order to meet the above mandates it would be important “to review the political, historical, economic, social, cultural and other factors leading to racism, racial discrimination, xenophobia and related intolerance.” (All quotes from resolution 52/111, adopted 12 December 1997 by the General Assembly of the United Nations, setting the main objectives of the World Conference)

  • Utilisation of themes as structure for reparations analysis
  1. Causes, sources, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance = Here will be the identification of those conditions giving rise to the need for reparations, i.e. colonialism, imperialism, the current forms of globalisation and any other direct or indirect economic disenfranchisement based on race, ethnicity, sex or any other agreed classification. Institutional, corporate, familial and individual intergenerational transfer of wealth will be investigated as possible sources. Contemporary manifestations will also receive attention with similar criteria.
  2. Victims of racism, racial discrimination, xenophobia and related intolerance =

Henceforth those to be considered under this category will be referred to as claimants. This is consistent with the analysis that reparations is for a past injury in fact.

Current categories of claimants (which will be refined in terms of subcategories) are;

  • Those arising from the injustices of World War II
  • Those occurring in states making the transition from totalitarianism to democracy
  • Those who have suffered and continue to suffer an historical injustice
  • Those arising from odious debt
  • Those arising from environmental degradation
  1. Measures of prevention, education and protection at national, regional and international levels = Education was seen as crucial in addressing measures of prevention and protection. Education in this regard was proposed in the form of mass mobilisation of all elements of civil society in the language and manner most applicable to a particular segment.
  2.   Provision of effective remedies, recourses, redress at national, regional and international levels = This is a general discussion of the context for reparations that was informed by reference to all the programmes of action from the regions. Reparations is a broad term covering the following specific forms of relief:
    1. Restitution – seeks to restore the person to the position that would have existed prior to the wrongdoing by returning the exact thing taken. Generally limited to property claims, unlawful termination of employment or place of residence, or arbitrary detention.
    2. Monetary compensation – seeks to make the victim as well off as she or he would have been if the injury had not occurred, through a sum of money. Calculation of damages can be based on pecuniary losses, non-pecuniary damage, such as physical pain and suffering, and costs and expenses.
    3. Rehabilitation – seeks to restore the victim through medical, psychological, legal and social services.
    4. Satisfaction and guarantees of non-repetition – public acknowledgement of facts and acceptance of responsibility and measures to prevent recurrence of the violations

“Ways and means” and “activities and mechanisms” will be developed that in and of themselves would represent the inherent responsibilities of any society towards its citizens or residents. Such actions as would fall into this category are those that first represent an acknowledgement of past injury and secondly there is a direct relationship between the action and the source of funding for it based on such acknowledgement.

It was proposed that the most effective remedy to provide recourse and redress would be a legislated body composed of governmental and non-governmental representatives to determine a specific schedule per time period, community and injury. Outcomes would indicate according to prevalent international law and social custom who may claim injury based on racism, racial discrimination and related intolerance: and who they may claim against. Areas of inquiry would include, but not be limited to, debt eradication, all forms of reparations, and research and documentation to specify the “political, historical, economic, social, cultural and related factors leading” to the conditions giving rise to reparations. It will also be essential for this body to develop a procedure for monitoring countries with regard to their successes and failures in meeting their reparations goals.

  • Strategies to achieve full and effective equality = It was recommended that there be a continuous linkage of the past with the present in as clear and objective a manner as possible. It was also seen as important to make linkages with as many other struggles for human dignity and equality as possible.
    • Timeframes

Before = mobilisation through education, mass action campaigns and expert seminars was seen as crucial for any subsequent adoption and action on reparations.

During the NGO Forum = focus on obtaining commitments through educational and skill training workshops for the specifics of the Programme of Action.

After = Proceed according to the developed timeframe (which may be linked to already established celebratory or commemorative dates and periods by the United Nations, individual countries or civil society).

CONCLUSIONS

As a way forward for realising the implementation, coordination and monitoring of this P.O.A, structures have to be set-up at regional and international level. These structures will report on the progress of how far is the world moving, and what role are states and civil society playing, in winning its fight against the scourge of racism, racial discrimination, xenophobia and related intolerance. These structures will also monitor the Early Warning Signals (EWS). It is recommended that such structures should work closely with established UN and International Agencies, but retain their independence and must have authority to report to the UN timeously.

Regional Level

The Regional Coordinating Committee (RCC), set up for the purpose of the WCAR, should be the basis of the formation of regional monitoring teams. Each region must, either endorse the current RCC or elect a new structure before the end of 2002. Each RCC should have 12 elected members, who will  divide themselves into regional networks or caucuses. Each member of the RCC will coordinate a network/caucus with the aim of bringing all the issues to the attention of the committee.

The RCC must nominate an organisation in its region that will serve as the seat of regional activities. That nominated organisation will have to create space for 2 full-time staff members that shall be employed by the RCC. Their role will be to only focus on the coordination and monitoring of the regional P.O.A. The payment of salaries for regional staff members shall be raised by the International Coordinating Committee.

International Level

The Regional Coordinating Committee (RCC) should in its first meeting, after the World Conference, elect a 16person committee (as constituted presently). This committee should be referred to as the International Executive Committee of the Global Anti-Racism Movement (IEC-GARM). And when all the RCC members come together, they be referred to as the International Coordinating Council of the Anti-Racism Movement. The IEC-GARM should create Sub-Committees that will focus on coordinating different regional networks/caucuses.

The IEC-GARM must use the offices of the WCAR NGO Forum Secretariat as its headquarters. And must have its activities, centrally organised in this office. They must also pursue the funders of the NGO Forum Secretariat to continue its funding of the new project. There is a need to redefine the role of the WCAR NGO Forum Secretariat, so as to fit the new challenges. The new offices of the Secretariat, to be referred to as the Secretariat of the Global Anti Racism Movement (acronym, GARM Secretariat), could perform some of the following responsibilities:

  • coordinate all the regional secretariat offices;
  • conduct research;
  • publish reports;
  •   maintain an anti-racism website;
  • capture data;
  • create international database
  • strengthen regional and international networks;
  • monitor the implementation of the P.O.A and provide support to RCCs
  • coordinate campaigns at regional and international level;
  • identify and assist in development grass-root organisations from rural and semi-urban areas;
  • organise meetings of the IEC-GARM and the International Coordinating Council.
  • Design a Funding Proposal and assist in fundraising;
  • Develop and distribute educational material;
  • Assist the RCCs and the IEC in their networking and lobbying;
  • Develop a resource base for civil society;
  • Prepare reports for the International Consultations and the next WCAR;
  • Make logistical arrangements for the next World Conference to be held by 2010;
  • Coordinate all activities, at international level, that relate to racism, racial discrimination and xenophobia;
  • Assist in monitoring the UN bodies and International Agencies.

     

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