1. We, the representatives of local, national and international non-governmental organisations (NGOs) and other civil society groups from around the world gathered in Durban/South Africa during the week of 28 August - 3 September 2001 for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), guided by our commitment in the struggle against racism and racial discrimination and inspired by the recommendations of the NGO Forums held in Strasbourg/France, Santiago de Chile/Chile, Dakar/Senegal and Tehran/Iran and the related sub-regional NGO meetings held in Warsaw/Poland, Kathmandu/Nepal, Cairo/Egypt and Quito/Ecuador, in preparation for the World Conference, hereby make the following Declaration:

 

2. Solemnly acknowledging all those who suffered for justice and freedom in South Africa and honouring the memory of those who sacrificed their lives for the struggle against Apartheid and celebrating the spirit of the South African people in building a new society free of racism and racial discrimination and recognising that as a beacon of hope for the world community.

 

3. Saluting all those who struggled against racism, racial discrimination, genocide, slavery, xenophobia and related intolerance, genocidal practices and all other forms of discrimination and exclusion, honouring the memory of those who have given their lives for this struggle, and other struggles against oppression and encouraging and supporting those that continue to fight against the scourge of racism.

 

4. Taking note of the fact that the declaration of Apartheid as a crime against humanity was a progressive step taken by the international community in its quest to eradicate this inhumane racist state system, and recalling the positive role of the world community in supporting the struggle of the South African people against Apartheid.

 

5. Recognizing that all human beings are born free and equal in dignity and rights, and have the capacity to contribute constructively to the development and well-being of their societies and, that all human societies ascribed towards shared values of dignity, equality, justice, tolerance, solidarity, pluralism and multiculturalism.

 

6. Reaffirming that all human rights are universal, indivisible, interdependent and inalienable, and that all human beings are entitled to all these rights irrespective of distinction of any kind such as race, class, colour, sex, citizenship, gender, age, disability, sexual orientation, gender identity, language, nationality, ethnicity, culture, religion, , caste, descent, occupation, social/economic status or origin, health, including HIV/AIDS status, or any other status;

 

7. Recognizing the richness of the diversity of cultures, languages, religions and peoples in the world and the potential within this diversity to create a world free of racism, racial discrimination, genocide, slavery, xenophobia and related intolerance,.

 

8. Recognizing that racism, racial discrimination, genocide, slavery, xenophobia and related intolerances are based on an ideological construct that assigns a certain group of persons a position of political, economic and social power over others through notions of racial superiority, colour, identity, dominance purity and majority status.

 

9. Reaffirming the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) definition that racist ideologies are ‘scientifically false, morally condemnable, socially unjust and dangerous’ and economically devastating and that there is no justification for racial discrimination in theory and in practice, anywhere.

 

10. Recognising the particular importance and role of the International Criminal Court in the eradication of racism, racial discrimination, xenophobia and related intolerance and emphasising the need for universal ratification

 

11. Considering that the roots of many contemporary manifestations of racism and racial discrimination can be located in the legacy of the slave trade, slavery, colonialism and foreign occupation which led to forced transplantation of peoples, massive dispossession of territories and resources and the destruction of political, religious and social systems for which acknowledgement and reparations were never made, and which created historical injustices based on ideologies of superiority, dominance and purity, the consequences of which continue to this day.

 

12. Acknowledging that in particular in countries in transition, the growth of aggressive nationalism and ethnocentrism are expressions of racism and xenophobia not rooted in the slave -trade but deeply embedded in historical prejudices and hatred towards ethnic and religious minorities that often lead to large-scale human rights violations, discrimination and persecution targeting specific groups such as Jews, Roma, Kurds, people from the Caucasus and Central Asia, Meskhetian Turks and even frequently resulting in ‘ethnic cleansing’ and crimes against humanity with elements of genocide, particularly in the former Yugoslavia and Chechnya.

 

13. Acknowledging the role played by United Nations in creating international legal rights and obligations against racism, racial discrimination, genocide, slavery, xenophobia and related intolerance, we nevertheless deplore the fact that efforts undertaken by governments and by the United Nations to implement these instruments and mechanisms are grossly inadequate, exclude civil society actors and have allowed perpetrators and accomplices to go unpunished.

 

14. Appalled by the persistent failure of governments and the United Nations to address injustices and violations committed by non-state actors including injustices and violations committed by no-state actors, including international finance and trade institutions, transnational corporations, and fundamentalist groups exacerbates and perpetuates racism, racial discrimination, xenophobia and related intolerance.

 

15. Appalled by the success and apparent increasing popularity of certain political parties and other groups that use racist and xenophobic ideologies in gaining and maintaining political power

 

16. Recognizing that state racism is often manifested by political and intellectual elites who exploit the nationalistic and xenophobic sentiments of the general public for political mobilization and legitimization of their authority and political power, not only in the traditional blatant ways but also in new, more covert, institutionalized forms, aggravated by the problem of denial of the very existence of racism by government officials.

 

17. Recognizing that while all religions are founded on principles that advocate peace, tolerance, non-discrimination, respect and acceptance of the other, and that freedom of religion, belief and conscience contribute to the attainment of the goals of world peace, social justice and mutual understanding among peoples, yet there are situations in which religion is misused to further political goals that promote racism, racial discrimination, xenophobia and related intolerance.

 

18. Considering that racism, racial discrimination, xenophobia and related intolerance are the basis of gross violations of human rights and hate crimes, create and maintain conflict, and thus hinder development and constitute a threat to peace and democracy and must be addressed by all appropriate means, including effective legal mechanisms at all levels.

 

19. Affirming that Indigenous Peoples are bearers of both collective and individual rights which include their right to self-determination and to the legitimate exercise of control over their resources and dominion of their territories on the basis of their historical and cultural identity and have the right and responsibility to transmit to future generations their ancestral territories and identity.

 

20. Affirming the right of the Palestinian people to self-determination, statehood, independence and freedom and the right of the return as stipulated in UN Resolution 194.

 

21. Also affirming the right to self-determination of all peoples, including the Hawaiian, Kurdish, Kashmiri, West Sumatran, West Papuan, Achenese, Sri Lankan Tamils, Tibetans, Roma and Travellers, the non-independent territories of the Americas, such as Puerto Rico, Martinique and Guadalupe, calling on the United Nations to devise mechanisms and procedures that enable the affirmation of that right, and in particular to respect UN Security Council Resolution 1359/2001 of June 29, 2001 on Western Sahara.

 

22. Acknowledging 50 years of ethnic conflict in Sir Lanka which has resulted in death, disappearances, rape, torture and destruction and affirming the right to self determination of the Tamil minority.

 

23. Recognizing that certain cultural groups with a distinct identity such as Sikhs, Mohajirs, Sindhis, Balochs face barriers on a complex interplay of racial, ethnic, religious and cultural factors

 

24. Recognizing that globalization is a historically uneven process based on colonial and imperialist integration of the world economy and on maintaining and deepening unequal power relations between countries and regions of the world that exacerbates, global inequalities and conditions of poverty and social exclusion

 

25. Deeply concerned that current forms of globalization and policies of international financial and trade institutions as well as the activities of transnational corporations prevent the full realization of economic, social and cultural rights of all peoples, maintain and deepen the social exclusion of groups that are most marginalized and heighten tension and manifestations of racism, racial discrimination, xenophobia and related intolerance.

 

26. Recognizing that in the context of globalization, discriminatory labour practices experienced by men and women, youth and children and people with disablilities and documented and undocumented migrants groups who are already marginalized by racism, racial discrimination, xenophobia and related intolerance which makes them vulnerable to increased exploitation, poverty, and social exclusion

 

27. Recognizing the rights of all victims of slavery racism, racial discrimination, xenophobia and related intolerance to reparations of all forms

 

28. Recognizing environmental racism as a form of racial discrimination which refers to exploitation and depletion of natural resources and any environmental policy, practice, action or inaction that intentionally or unintentionally, disproportionately harms the health, eco systems, and livelihood of nations, communities, groups, or individuals, and in particular the poor.

 

29. Acknowledging that situations of armed conflict are often generated by racism, racial discrimination, xenophobia and related intolerances and that such conflicts in turn perpetuate racism and related forms of discrimination, emphasise that war crimes must urgently be prosecuted at the national level notwithstanding the establishment of the International Criminal Court.

 

30. Noting also with concern that armed conflicts create an environment conducive to heightened militarization, violence against women, young people and children in particular the girl child, and persons with disabilities, which result in situations of sexual slavery, rape and forced pregnancies. The proliferation and prevalence of armed conflict throughout the world, particularly in Africa where three quarters of the continent is currently experiencing a state of war or some form of armed conflict, is leading to the large-scale displacement of persons, massive outflows of refugees and internally displaced persons and increasing militarization of millions of children and young people and demand the granting of effective protection to these groups and respect for international humanitarian law.

 

31. Denouncing the direct role played by certain transnational corporations and governments which lead to an increasing militarization and nuclearization on a global scale and in particular concerned about trafficking and trading in arms, the proliferation of the arms and armaments industries, the production of destructive weapons including landmines and small arms at the cost of spending on social infrastructure, all of which violated the humanitarian laws of war and contribute to the perpetuation of racism, racial discrimination, xenophobia and related intolerance, and consequences thereof.

 

32. Recognizing the suffering experienced by many people as a result of the use of weapons of war including weapons of mass destruction, small arms, land mines against civilians

 

33. Acknowledging the violations of the human rights of the people of Vieques, Puerto Rico because of the actions of the US Navy, we demand an end to these military practices and return of occupied land to the people of Puerto Rico and payment of reparation to the victims

 

34. Condemning the US blockade of Cuba as a violation of the sovereignty of the Cuban people which results in gross violations of their human rights.

 

35. Denouncing strategies of some international agreements and international cooperation, such as the Andean Initiative and the Free Trade Area of the Americas project, as well as the Plan Colombia, which, under the guise of carrying out a war against drugs promotes large-scale internal displacement, accelerates dispossession and aggression against the Indigenous, Afro-descendants and peasant communities, leading to the denial of human rights including the right to self-determination, causing environmental degradation and the growth of militarization in the region

 

36. Recognizing that the persistence of racism, racial discrimination, xenophobia and related intolerance affirms the need for an inter-sectional analysis of discrimination which would address forms of multiple discrimination.

 

37. Noting that racism, racial discrimination, xenophobia and related intolerance create serious obstacles to the full enjoyment of human rights and result in aggravated discrimination against communities who already face discrimination on the basis of class, colour, sex, gender, age, disability, sexual orientation, gender identity, language, nationality, ethnicity, culture, religion or caste, descent, work, socio-economic status or origin, health, including HIV/AIDS status, or any other status.

 

38. Recognizing homophobia as a particular form of discrimination and a form of multiple discrimination that makes gay, lesbian, bisexual and transgendered persons even more vulnerable to all forms of violence including hate crimes and racialised violence.

 

39. Affirming that multiple forms of discrimination against women limit or negate women’s potential for the full enjoyment and exercise of their human rights and fundamental freedoms in all spheres of life, that patriarchal social structures reinforce all forms of discrimination against women particularly those with disabilities, and that racism also creates other forms of patriarchal subordination of women.

 

40. Gravely concerned, that racism, racial discrimination, xenophobia and related intolerance adversely affect the full realisation of rights of the rights of everyone to enjoy the highest attainable standard of physical and mental health,

 

41. Recognising that people infected with or presumed to be infected with HIV/AIDS suffer serious forms of discrimination and exploitation., exacerbated by the WTO regulations which deny access to affordable treatments.

 

42. Recognising the important role played by young people in the preparation and the follow up of the WCAR and in adopting the Plan of Action submitted at the Youth Summit of the WCAR , acknowledge that young people are affected by multiple forms of discrimination which limit the full realisation of human rights, resulting in denial of their right to self-determination thus limiting their full and active political, economic, and social participation.

 

43. Recognizing that the slave trade, slavery and colonialism as crimes against humanity reinforced by apartheid and other policies of racial segregation and that the failure and refusal to acknowledge and make reparations for these crimes against humanity have played a critical role in entrenching racism, racial discrimination, anti-black hostilities, xenophobia and related intolerance. Consequently, African and African descendants are prime victims of deep seated racist and prejudicial practices which are manifest in current day exclusion and marginalization which they face in the African Diaspora and in Africa, which has paid and continues to pay a heavy price for this.

 

44. Recognizing that Asians and Asian Descendants including ethnic and religious minorities in Asian countries have experienced and continue to experience specific forms of racism and xenophobia from the legacy of slavery, colonialism, Apartheid, indentured servitude, internment, and exclusionary migration laws.

 

45. Concerned about increasing antisemitism which leads to violence and hate crimes against Jewish people in particular and passivity of governments in many countries with regard to prosecuting perpetrators of criminal hate acts.

 

46. Concerned that Anti-Arab racism is another form of anti-semitism and Islamaphobia that have led to violence and hate crimes.

 

47. Denouncing the pervasive nature of hate crimes, ethnic cleansing and genocide and other crimes against humanity including wars committed against members of communities that face colonialism, racism, racial discrimination, xenophobia and related intolerance and those who advocate for social change and self-determination

 

48. Affirming that members of far too many minority communities, including national, ethnic, religious and linguistic minorities are collectively and individually subject to all forms of racism and institutionalized discrimination including denial of citizenship, exclusion from political participation, denial of access to resources and a dignified standard of living, political repression and genocidal practices because some nation-state structures that are majoritarian deny the rights of minority communities including the right of self-determination.

 

49. Recognizing that the Chechen people still suffer large-scale violations of human rights and international humanitarian standards we stress that military operations in Chechnya are accompanied by a wide-scale hate campaign towards the Chechens, which in particular results in mass persecution and discrimination against people originating from the region of the Caucasus when they travel or reside outside their region.

 

50. Acknowledging that the Roma, who are a non-territorial nation, dispersed in a worldwide diaspora are denied their right to a cultural identity, are disadvantaged and experience discrimination, persecution, stigmatization, and violence on the basis of their social origin and identity.

 

51. Recognizing that Travelers experience comparable levels of racism and oppression to Roma throughout the world and in particular to the denial of their social, cultural, political and economic rights.

 

52. Recognizing that the caste system discriminates against and enables segregation of communities on the basis of work and descent, such as Dalits in South Asia, the Buraku people of Japan, the Osu and Oru people of Nigeria and the Griots of Senegal and other communities resulting in flagrant violations of human rights and dignity, with women and children of these communities being particularly vulnerable to barbaric forms of violence.

53. Deploring the lack of policies and programs that effectively address the inter-sectionality of the multiple forms of discrimination particularly faced by people with disabilities.

54. Noting with deep concern that racism, racial discrimination, xenophobia and related intolerance against documented and undocumented migrants, migrant workers and members of their families, refugees, asylum seekers, stateless and displaced persons is structural and systematic in character, is reflected in discriminatory legislation, policies and social and corporate practices, and manifest in both subtle and overt acts of hostility and violence against specific groups on the basis of differences in language, customs, religions, culture language, origin, customs and position in international power relations

 

55. Recognizing that xenophobia is a particular form of discrimination and intolerance which describes prejudices, practices, attitudes and behaviour that oppresses and rejects, excludes and vilifies persons who are already discriminated against because they are, or are presumed to be, foreigners or people of different ethnic, religious, linguistic or cultural background.

 

56. Gravely concerned about the failure of states to protect the rights of all those living within their borders especially in the face of increasing xenophobic acts against migrants, migrant workers and members of their family, refugees, asylum seekers, trafficked, stateless and internally displaced persons and in particular concerned about oppressive and restrictive immigration policies, the criminalization, stigmatisation, targeting and victimisation of these groups.

 

57. Noting with concern the increasing numbers of refugees, asylum seekers, stateless and internally displaced persons, including those displaced by economic processes and developmental projects most of whom are women and children, whose rights are not fully and appropriately protected by the relevant international, regional and sub-regional legal instruments or national legislation, and who consequently are more vulnerable to racism, racial discrimination, xenophobia and related intolerance in the receiving regions and countries

 

58. Recognizing that trafficking in persons as a contemporary form of slavery based on patriarchal notions of sexuality and exacerbated by economic inequalities which primarily affects women and children of poor and marginalized communities and which takes place within and across many countries across the world including in Mauritania, Sudan, Cameroon and Niger.

 

59. Recognizing the need to give special consideration to the concerns and needs of victims of racism, racial discrimination, xenophobia and related intolerance including women, children, young people, persons with disabilities, people of African descent, Indigenous Peoples, gay, lesbian, bisexual and transgendered persons, disabled persons, the impoverished, and persons living in situations or countries in conflict, who are discriminated against by the criminal justice system, as well as to the incarceration and withholding of legal rights and services to asylum seekers and refugees.

 

60. Recognizing that victims of slavery, genocide, racism, racial discrimination, xenophobia and related intolerance have the right to effective civil remedies and criminal sanctions against government agencies , corporate institutions and their employees We also recognize that these victims, for victims have been disparately and , disproportionately targeted, prosecuted and sentenced due to their race, caste, nationality, ethnic background, religious beliefs or other differences.

 

61. Drawing inspiration from the slogan of the WCAR, ‘UNITED TO COMBAT RACISM: EQUALITY, JUSTICE AND DIGNITY’ and hopeful that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will affirm the commitment of the United Nations to developing practical, action oriented measures and strategies to combat racism, racial discrimination, xenophobia and related intolerance.

 

62. Convinced that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will be an important occasion for healing, reconciliation and emancipation of the victims of racism, racial discrimination, xenophobia and related intolerance, and encouraged by the growing universal movement driven by civil society committed for the creation of a world free from racism, racial discrimination, xenophobia and related intolerances.

 

 

 

 

63. Africans and African Descendants share a common history shaped by the slave trade, slavery, conquest, colonisation and apartheid, all of which constitute crimes against humanity, and a common experience of anti-Black racism. We acknowledge that people of African descent live all over the world, although in many instances they have been renamed, suppressed and marginalized. On every continent African and African Descendants continue to suffer from racism, discrimination, doctrines and practices of racial supremacy, hate violence and related intolerance. It is the complexity and intersection of these historical and continuing common roots, experiences and struggles to overcome them, that bind Africans and African Descendants together as a world community.

 

64. We affirm that the Trans-Atlantic Slave Trade and the enslavement of Africans and African Descendants was a crime against humanity and a unique tragedy in the history of humanity, and that its roots and bases were economic, institutional, systemic and transnational in dimension.

 

65. We further acknowledge the negative impact of the Trans-Saharan and Trans-Indian Ocean Slave Trade and slavery.

 

66. We recognise that the Trans-Atlantic Slave Trade and slavery, which constitute crimes against humanity, forced the brutal removal and 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 Africa’s under-development and marginalization which continues to this date. We acknowledge that Africa was dismembered and divided among European powers, which created Western monopolies for the continued exploitation of African natural resources for the benefit of Western economies and industries.

 

67. We recognise also that part of the Trans-Saharan Slave Trade continues unabated to this day, despite international agreements that condemn slavery, and that the trafficking of African men, women and children for forced labour and enslavement is still ongoing in Cameroon, Mauritania, Niger and Sudan whilst these and other forms of involuntary servitude of Africans and African Descendants have resulted in substantial and lasting economic, political and cultural damage to the continent. This form of exploitation is particularly damaging to African and African Descendant women, who are still victims of sexual trafficking and sexual exploitation.

 

68. We condemn the Trans-Atlantic Slave Trade, slavery and colonization as crimes against humanity. Whereas Western economic institutions criminally exploited Africans and their descendants, used criminally transported people of Africa as chattel and continued to breed Africans as chattel. Post-slavery African Descendants have endured official and de facto segregative policies of governments, affecting political, economic, educational, cultural and social rights, causing and legitimising theft of land and racial violence. African Descendants have suffered the loss of their culture, identities, and languages and have been victimised by the perpetuation of negative stereotypes, psychological damage, racial discrimination, economic disadvantage and the criminalisation of their peoples. These conditions have uniquely impacted African and African Descendant women whose bodies, familial roles and reproductive ability have been used as a tool of oppression and exploited for the production of economic wealth and whose forced labour under inhumane circumstances and the use of specific negative stereotypes all have been and continue to be used to maintain the subordinate position of African and African Descendant women at the bottom of the social, economic, cultural and political system.

 

69. We recognise that the development of Africa has been greatly impeded by the global imbalances in power created by the slave trade, slavery and colonialism as crimes against humanity and other forms of exploitation and is maintained and extended particularly by neo-colonial economic policies and practices including the pillage of human and material resources of Africa and the draining of its financial resources by foreign debt services. The legacy of these abhorrent crimes is manifested in wars, displacements and the precarious socio-economic situation in which Africans find themselves.

 

70. Recognising that the Trans-Atlantic, Trans-Saharan and Trans-Indian Ocean slave trade and slavery constitute crimes against humanity and were based on economic exploitation, doctrines of racial supremacy and racial hatred and have subjected Africans and African descendants, Indigenous Peoples and many others to the most horrific denigration of their being including classification as sub-humans and chattel, subjugation to rape, forced labour, branding, lashings, murder, maiming, destruction of their languages, cultures, psychological and spiritual well-being resulting in structural subordination which continues to the present.

 

 

71. Slave-holder nations, colonizers and occupying countries have unjustly enriched themselves at the expense of those people that they enslaved and colonized and whose land they have occupied. As these nations largely owe their political, economic and social domination to the exploitation of Africa, Africans and Africans in the Diaspora they should recognize their obligation to provide these victims just and equitable reparations.

 

72. The Trans-Atlantic Slave Trade, slavery and colonialism is a crime against humanity because of its abhorrent barbarism, its magnitude, long duration, numbers of people brutalized and murdered and because of their negation of the very essence of humanity of their victims, therefore, reparations programs must be comprehensive enough in addressing all areas of concern including economic, educational, health, land ownership and possession as well as the racially biased systems of administration of justice that brutalize Africans and people of African Descent.

 

73. The Trans-Saharan and Trans-Indian Ocean Slave Trades and slavery must also be acknowledged and recognised as crimes against humanity, which brutalised communities and stripped people of their dignity, and for which those communities must receive justice and redress.

 

74. There is an unbroken chain from the slave trade, slavery, colonialism, foreign occupation, apartheid, racial discrimination and the contemporary forms of structural racism that maintain barriers to the full and equal participation of the victims of racism and discrimination in all spheres of public life;

 

75. The enslavement of Indigenous Peoples, the appropriation of their lands and exploitation of their resources must be acknowledged and repaired and the historic precedents for reparations to the victims of gross violations of human rights should be applied to them;

 

76. Victims of declared and undeclared wars throughout the world have had their human rights violated because of their race, ethnicity and the intersection of race, ethnicity and gender and disability and are in need of reparation;

 

77. Antisemitism is one of the oldest, most pernicious and prevalent forms of racism which still exists and is even increasing in many areas of the world; recognizing the dehumanization, persecution and genocide of Jews in the Holocaust, as well as other minorities during and before World War II; deeply alarmed by the continued activities of proponents of Holocaust denial and Holocaust revisionism, Holocaust trivialization, Holocaust minimization and by the channelling of racist rhetoric and calls to violence on the Internet; noting with distress that Jewish people still suffer from persisting prejudices and are victims of a deeply rooted antisemitism in many countries throughout the world; distressed by the recent desecration of many Jewish cemeteries, synagogues, and Jewish communal buildings and other property, as well as an increase in harassment and assaults of Jewish people worldwide; convinced of the necessity of more effective measures to address the issue of antisemitism worldwide today in order to counter these phenomena and increase awareness about them.

 

78. Antisemitism remains a pervasive and ingrained form of religious discrimination and Jewish people are increasingly a racialized minority; recognizing that Jewish populations and institutions continue to be targets of threats and acts of violence in countries around the world, and documented overt acts of antisemitic harassment and vandalism are on the rise; alarmed that extremist groups are proliferating at an alarming rate and propagating antisemitic and racist views and hate propaganda, increasingly on the Internet; deeply troubled by the electoral successes of far right parties, with an increasing presence in coalition governments; profoundly concerned that in many countries in the world, Jewish people live in fear, frequently terrorized by extremist groups, and discriminated against in employment, education, in the media and social services. ,

 

79. Arabs as a Semitic people have also suffered from alternative forms of anti semitism, manifesting itself as anti Arab discrimination and for those Arabs who are Muslim, also as Islamophobia.

 

 

80. Asians and Asian Descendants face deep-seated racism and xenophobia, lack access to political, economic and social opportunities, are denied civil rights and liberties, and are victims of especially violent hate crimes, racial profiling, discriminatory employment and unjust immigration policies and practices. In some cases communities such as Sikhs and others with distinct identities composed of a complex interplay of racial, ethnic, religious and cultural factors face institutional discrimination due to the fact that they do not fit into traditional notions of race and ethnicity.

81. We note with concern that despite the contributions they have made to the countries where they live, and regardless of their long history of residence in these countries, Asians and Asian descendants continue to face distortion or omissions of their role in history in school texts and the media, and are viewed as inassimilable foreigners, security risks, spies and terrorists.

82. We are concerned that Diasporic Asian descendants are often criminalized and used as scapegoats for social and economic problems and international conflicts, and are subject to laws and practices that overtly and systematically discriminate against them.

83. We note with concern that Asian and Asian Descendant women in particular suffer many of the negative effects of globalization and of the intersection of sexism, racism and poverty, for example as manifested in the portrayal of Asian women as submissive and exotic sexual objects in the media as well as in traditional and historical negative attitudes that make them vulnerable to trafficking for prostitution as mail order brides, domestic workers, low wage or sweat shop workers, and as bonded labour.

 

84. Work and descent based discrimination, including caste discrimination and untouchability, being a historically entrenched, false ideological construct sanctioned by religion and culture, which is hereditary in nature and affects over 300 million people in the Asia Pacific and African regions at the personal, social and structural levels, irrespective of their religious affiliation.

 

85. The practice of untouchability, rooted in the caste system, stigmatises 260 million Dalits in South Asia as ‘polluted’ or ‘impure’, thereby denying them entry into places of religious worship, participation in religious festivals, assigning them menial and degrading work including cleaning toilets, skinning and disposal of dead animals, digging graves and sweeping, and the forced prostitution of Dalit women and girls through the traditional system of temple prostitution (Devadasi).

 

86. The system of ‘Hidden apartheid’ based on caste practices of distinction, exclusion and restrictions denies Dalits’ enjoyment of their economic, social, political, cultural and religious rights, exposing them to all forms of violence and manifests itself in the segregation of housing settlements and cemeteries, segregation in tea stalls (‘two-cup’ system), denial of access to common drinking water, restaurants, places of worship, restrictions on marriage and other insidious measures all of which inhibit their development as equals.

 

87. Caste discrimination and ‘untouchability’ practised against generations of Dalits for centuries together amounts to systemic ‘generational and cultural Daliticide’, which is the mass-scale destruction of their individual and collective identity, dignity and self-respect for generations through cultural methods and practices.

 

88. Any action or even any sign of an attempt to act by Dalits either individually or collectively to assert their rights is met with extreme measures of violence such as burning or destruction of their homes, property and crops, social boycott, rape or gang rape of Dalit women and murder by dominant caste individuals or groups, police or the bureaucracy, and that in such instances the State often acts with impunity and in connivance with these perpetrators.

 

89. Work and descent based discrimination against the Buraku people of Japan has existed for over 400 years and continues to be experienced today by over 3 million people in relation to marriage, employment and education, with new forms of discrimination emerging such as discriminatory propaganda and incitement to discrimination against them, especially on the Internet.

 

90. The vulnerability of the victims of work and descent based discrimination, including caste discrimination and untouchability, is aggravated by legal systems and law enforcement machinery that fail to protect them and hence are responsible for the continued perpetuation of discrimination, and by States that are themselves often the law-breakers.

 

91. We recognize the obligations of governments to remove or amend in accordance with the International Convention on the Elimination of All Forms of Discrimination all forms of legislation, policies or practices that have the purpose or effect of discriminating against any person on the basis of race, religion, nationality, language, caste, ethnicity, or minority or refugee status, through the full integration of international instruments relevant to racism into national laws, regulations and administrative practices, and the identification and elimination at the national and local level of institutionalized racism existing in the policies, procedures, practices and culture of public or private criminal justice institutions.

 

92. We recognize the value and importance of the binding General Recommendations issued by CERD that CERD consider issuing a separate General Recommendation interpreting racial discrimination as constituting “degrading treatment” within the meaning of article 3 of European Charter of Human Rights as interpreted by the European Court of Human Rights.

 

93. We recognize the need to give special consideration to the concerns and needs of women, young people, persons of African descent, Indigenous Peoples, lesbian, gay, bisexual and transgendered persons, disabled persons, the impoverished, and persons living in situations or countries of conflict, who are affected by the criminal justice system, as well as to the incarceration and withholding of legal rights and services to asylum seekers and refugees.

 

94. We recognize the obligation to have effective remedies, including remedies against government agencies and officers, for victims of racial and other forms of discrimination who have been disparately impacted upon, disproportionately targeted, prosecuted and sentenced due to their race, nationality, ethnic background, religious beliefs or other differences.

 

95. Colonialism represents one of the most serious violations of national sovereignty of states and breach of international law, and in almost all colonial territories serious crimes against humanity were committed by colonial powers.

 

96. Foreign occupation creates an environment in which the occupied people are exposed to a wide range of systemic and gross violations of human rights and freedoms, including dispossession, displacement and denial of their right to self determination and women of occupied territories are subjected to rape, sexual slavery, forced pregnancy and other forms of violence against women.

 

97. Acknowledging that a foreign occupation which imposes an alien domination and subjugation with the denial of territorial integrity amounts to colonialism (according to the principles of the ‘Declaration on the Granting of Independence to Colonial Countries and Peoples’ of the UN General Assembly 1960) and denies the fundamental rights of self determination, independence and freedom of the people under occupation. It also creates an environment in which the occupied people are exposed to a wide range of systematic and gross violations of human rights and freedom. We extend our solidarity to the struggles for self - determination for people of Palestine, West Sumatra, Aceh-Sumatra, Bougainville, Nagaland, Assam, Meghalaya, Manipur, Tripura, North Cyprus, and other states and indigenous communities including the Kurdish people, the indigenous people in the north east of India and in the north east of Sri Lanka, in Tibet, Kashmir, Bhutan, Mindanao and the non independent countries of the Caribbean, like Puerto Rico and recognize the situation of other people living under foreign occupation in different parts of the world.

 

98. Recognizing further that the Palestinian people are one such people currently enduring a colonialist, discriminatory military occupation that violates their fundamental human right of self-determination including the illegal transfer of Israeli citizens into the occupied territories and establishment of a permanent illegal Israeli infrastructure; and other racist methods amounting to Israel’s brand of apartheid and other racist crimes against humanity. Recognizing therefore that the Palestinian people have the clear right under international law to resist such occupation by any means provided under international law until they achieve their fundamental human right to self-determination and end the Israeli racist system including its own brand of apartheid.

 

99. Recognizing further that a basic “root cause” of Israel’s on going and systematic human rights violations, including its grave breaches of the fourth Geneva convention 1949 (i.e. war crimes), acts of genocide and practices of ethnic cleansing is a racist system, which is Israel’s brand of apartheid. One aspect of this Israeli racist system has been a continued refusal to allow the Palestinian refugees to exercise their right as guaranteed by international law to return to their homes of origin. Related to the right of return, the Palestinian refugees also have a clear right under international law to receive restitution of their properties and full compensation. Furthermore, international law provides that those Palestinian refugees choosing not to return are entitled to receive full compensation for all their losses. Israel’s refusal to grant Palestinian refugees their right of return and other gross human rights and humanitarian law violations has destabilized the entire region and has impacted on world peace and security.

 

100. We are appalled at the situation of thirty million Kurdish people scattered in several countries including Turkey, Iraq, Iran and Syria, who are oppressively prevented from exercising their national legitimate rights of self determination. We deplore the policies of genocide and practices of ethnic cleansing against the Kurds. We strongly condemn all forms of discrimination against the Kurds, such as confiscation of their lands, deportation and displacement of population, destruction of their culture, denial of their civil rights as well as their cultural and political rights.

 

101. We recognise the situation of 6 million Tibetan people suffering under 50 years of the occupation of their country who continue to suffer institutionalized forms of racial discrimination under the Chinese occupation, and condemn actions of the Chinese government that continues to exploit, explore and extract the rich minerals resources of Tibet, causing irreversible damage to the fragile eco-system on the Tibetan plateau.

 

102. We note with great concern the implementation of government policies of population transfer of millions of Chinese settlers into Tibet and the carrying out of coercive birth control practices against Tibetan women, which contributes to heighten discrimination against Tibetan people.

 

103. The monocultural and hegemonic practices of the Chinese government, through the school system and through other state institutions has caused forced integration and assimilation and deprived the Tibetan people of their human rights.

 

104. Persons with disabilities are vulnerable or affected by multiple and intersectional discrimination based on race, ethnic origin, gender, age and other grounds and are victims of governmental and societal neglect.

 

105. A growing number of persons with disabilities are also victims of racism, racial discrimination, xenophobia and related intolerance, especially in situations of conflict and when victimised by religious persecution and other forms of intolerance.

 

106. In particular, persons with disabilities experience grave discrimination in having access to health, education, employment, sports, accommodation as well as access to public transport and buildings, and access to language, in situations when sign language and other forms of communication are not available, especially with regard to their reproductive rights and access to health education.

 

107. Exclusion and non-consideration of disability in the allocation of resources in particular basic essentials, assistive devices and other basic technology and communication devices is another key form of discrimination against persons with disabilities.

 

108. Education is critically important in combating and preventing prejudice as well as the protection of individual human rights and specifically with regard to Indigenous Peoples, Dalits and minority and vulnerable groups and further recalling that many State parties have not yet implemented ICERD article 7.

 

109. Bearing in mind that education is a primary function of understanding human rights and freedoms, we deplore the fact that some educational systems are used as tools for advancing racist, sexist, casteist and supremacists ideologies and in doing so employ texts, documents and other tools of learning that convey pejorative images through omission of facts of past and present realities of Africans, Indigenous Peoples, Asians, Dalits, and their descendants and members of other minority and marginalized communities.

 

110. Considering that schools and other centers of learning play a critical role in shaping future generations, we recognise that current efforts in schools and other centers of learning to combat racism, including challenging racist and sexist language, pejorative images are woefully inadequate.

 

111. We also note with concern the lack of school curricula that meets international standards, recognizing the value of having a school curricula that is devoid of discriminatory content and that teaches the principles of equality, dignity, human rights and fundamental freedoms, adopting a holistic approach that includes a balance between a science and technology-based approach and an indigenous knowledge and philosophy based approach.

 

112. We recognize the historical, financial and other institutional barriers faced by Africans, Indigenous Peoples, Asians and their descendants and members of other minority and marginalized communities when they seek to access institutions of higher learning and particularly women and girls of disadvantaged and vulnerable communities.

 

113. Members of many national, ethnic, religious, cultural and linguistic groups including on the basis of their being considered a minority are subjected, collectively and individually, to all forms of racism including denial of citizenship, exclusion from political participation, social and economic resources of the state, as well as genocide practices. We acknowledge that internal passport and residence permit system represent a policy leading to discrimination and expulsion of ethnic minorities and groups in many regions, in particular, in countries in transition. The ways in which nation- or ethnic-state structures strengthen majority rule is a main factor in such exclusion.

 

114. The enjoyment of rights based on principles of human dignity and liberty has been a historical challenge, particularly for people who became national minorities in their homeland through processes of colonization and dispossession of their land. These processes have led to the denial of the right of minorities and groups to sovereignty and self-determination and have placed limitations on the right of women to transmit their nationality to their children, on an equal basis with men.

 

115. We assert that minorities and groups are entitled to affirm their right to self determination which includes, inter alia, the recognition of their history, national memory, historical land claims, language rights, cultural rights, religious rights as well as the right to share political power.

 

116. Affirmative action, through the use of temporary measures is a method of redressing historical injustices and has often been used to advance the cause of minority communities. Regrettably, however, it has sometimes been used by states to promote majoritarian ethno-nationalism, as in Malaysia and in Sri Lanka.

 

117. Environmental racism is a human rights violation and is a form of discrimination caused by government and private sector policy, practice, action or inaction which intentionally or unintentionally, disproportionately targets and harms the environment, health, biodiversity, local economy, quality of life and security of communities, workers, groups, and individuals based on race, class, color, gender, caste, ethnicity and/or national origin.

118. We condemn the abuse of all forms of power, greed, and exclusion of victims of environmental racism from decision-making, unequal enforcement, non-existent or ineffective environmental laws and regulations, manipulation of media and language barriers to perpetuate and conceal the environmental harms to human health, displacement of people, depletion of natural resources, and the degradation of biodiversity all of which are manifestations of environmental racism targeting Indigenous Peoples, Africans and African descendants, Asians and Asian descendants, Middle Eastern Peoples, Pacific Islanders, Latinos, Caribbean Peoples, ethnic and national minorities and groups, and other social groups most vulnerable to practices of unsustainable development and militarization, especially children, women, the elderly, displaced, immuno-suppressed, as well as low and no income people.

 

119. An intersectional approach to discrimination acknowledges that every person be it man or woman exists in a framework of multiple identities, with factors such as race, class, ethnicity, religion, sexual orientation, gender identity, age, disability, citizenship, national identity, geo-political context, health, including HIV/AIDS status and any other status are all determinants in one’s experiences of racism, racial discrimination, xenophobia and related intolerances. An intersectional approach highlights the way in which there is a simultaneous interaction of discrimination as a result of multiple identities.

 

120. Globalisation including structural adjustment policies, privatisation, trade liberalisation and unequal terms of trade create new and exacerbate already existing conditions of exclusion of all individuals and communities, particularly women, who are the victims of racism, racial discrimination, xenophobia and related intolerance.

 

121. We denounce processes of globalisation that concentrate power in the hands of powerful Western nations and multinational corporations, and that has an impact on every aspect of social life in every country and region, as racist and unjust. It widens economic inequalities within and between countries, further impoverishing and marginalizing masses of peoples, and places them at risk to the demand for cheap and informal labour in labour-importing countries. Tools of globalisation such as structural adjustment policies result in poverty, famine and the collapse of health and educational systems. Globalisation leads to economic and social disintegration, unemployment and marginalisation. It particularly implies both feminisation and racialisation of poverty. Compensatory measures must be extended in this context.

 

122. The processes of social exclusion that accompany globalisation create situations of polarisation that result in the disintegration of local communities and countries, sometimes leading to an increase in organised crime and ethnic conflicts.

123. Globalisation is the continuation of colonial and imperial control. It is inherently racist and anti-democratic, and creates a network of laws and policies that unevenly integrate the world through markets, trade, transnational corporations and information and communication technology.

124. The wealth and the power of globalisation is concentrated in the global capitalist class and is inherently linked to racism and casteism, including environmental racism, and leading to many different forms of violence, militarisation and nuclearisation of countries and cities. The UN itself is shaped by the same powers that control the process of globalisation.

125. New commodities, information and communication technologies that are apart ofglobalisation process increase the gap among "have" and "have nots", creating a free market for capitals and goods but restricting the movement of labour.

 

126. Members of marginalized and minority communities are targeted for hate crimes including burning of places of worship and religious symbols, sexual violence, desecration of places of worship, cemeteries and other sacred places. Violence against the leaders of such communities is of particular concern.

 

127. Hate crimes target individuals because of their identity and decimate lives and communities, stigmatizing individuals and communities, robbing people of personal security, promoting fear, constraining lifestyles and participation in all aspects of society, causing psychological and physical harm, repressing and silencing demands for justice and self-determination, undermining peace and democracy, and reinforcing racism, racial discrimination, xenophobia and related intolerance. Women are particularly vulnerable to some forms of hate crimes, especially sexual violence.

 

128. Many peoples and members of marginalized and minority communities are subjected to hate crimes and/or ethnic cleansing as they attempt to exercise their right to self-determination, including the Kurdish, Chechen, Tibetan, Acehnese and West Papuan people, and Indigenous Peoples.

 

129. Hate crimes, ethnic cleansing and genocide include violence and murder, rape and other sexual violence, racist propaganda, incitements to violence, race riots, massacres, disappearances of members of communities advocating for social change and self determination and is perpetuated by organized hate groups, military, police, religious entities, governments, and individuals.

 

130. Ideological genocide has been committed against people in Indonesia in 1965-1966 resulting in the death, disappearance and torture of over 1 million suspected communists. None of the perpetrators or masterminds of this crime against humanity have been brought to justice. As a result, the xenophobic suppression of those expressing left-wing ideology continues to this day in Indonesia.

131. Disadvantaged racial, ethnic and cultural vulnerable groups, Indigenous Peoples, migrants, people discriminated against based on caste, asylum seekers, refugees and internally displaced people, especially women, youth, children and people with disabilities face multiple forms of discrimination that result in poor health status, less access to affordable and good health care and lower quality of health services. In particular this has contributed to high rate of maternal mortality amongst women of these groups.

 

132. We condemn the failure of governments, nongovernmental organizations and the private sector to respond aggressively to the AIDS pandemic which is exacerbated by international racism and reinforced by poverty, discrimination against women and poor health services.

 

133. Gender, sexual orientation, gender identity and disabilities in conjunction with race are often the basis for denial of access to quality, comprehensive, sensible cultural health care, including access to sexual and reproductive heath services.

 

134. We condemn the unscrupulous practices of the tobacco, alcohol, drug and gun industries in their targeting of disadvantaged communities, particularly the promoting and encouraging of smoking in developing countries.

 

135. Governments, non-governmental organizations, the private sector and the international community should ensure that health care providers/practitioners are trained to provide culturally appropriate care; and that members of African and African Descendant communities, indigenous communities and other vulnerable groups are adequately represented as health care providers. In order to assure cultural appropriate care, governments must permit and promote traditional health practices in coordination with traditional healers.

 

136. Governments and the international community should assure that the health care system is adequately funded, sustainable and effectively monitored; that the sources of funding for health care comes not only from the national government but also from the international community including cancellation of illegitimate debt and decreased military spending.

 

137. Lack of routine and systematic research on disparities in physical and mental health and inadequate collection of data on the basis of race, gender and socio-economic factors related to health status and health care of vulnerable groups and access to quality health care heighten difficulties in addressing the experiences of racism, social exclusion, and other forms of discrimination in health.

 

138. We deplore the attitudes and practices of certain international pharmaceutical companies as well as the indifference on the part of the international community that are contributing to the additional prevalence of this genocidal virus, particularly in so far as it affects the African continent and other countries in the developing world exacerbated by conditions of poverty and inequality.

 

139. Women are at higher risk for HIV infection because of the epidemic of sexual violence against them. Combating HIV/AIDS requires, among other things, that States eliminate legal and practical discrimination against women and girls and prevent, investigate, and punish acts of violence and discrimination against women.

 

140. Indigenous Peoples live in every region of the world, including the Arctic, Africa, Russia, the Americas, Europe, Asia, Australia and the Pacific amongst other areas, and everywhere they suffer gross discrimination and marginalization. The belief in the inferiority of Indigenous Peoples, in addition to the lack of consultation on matters that effect them, remains 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.

 

141. Indigenous Peoples continue to suffer the loss of their territories and resources, the destruction of their cultures, and violence directed at their peoples. Indigenous women and children, in particular, endure multiple forms of discrimination. This dispossession, violence and discrimination constitute flagrant violations of our human rights in contravention of the Universal Declaration of Human Rights.

 

142. Indigenous Peoples are peoples within the full meaning of international law. Indigenous Peoples have the right to self-determination by virtue of which they freely determine their economic, social, political and cultural development and the inherent right to possession of all of their traditional and ancestral lands and territories. The knowledge and cultures of Indigenous Peoples cannot be separated from their unique spiritual and physical relationships with their lands, waters, resources and territories. The denial or qualification of the self-determination of Indigenous Peoples is racist and lies at the root of Indigenous suffering. Structural racism in past and current manifestations of colonialism, invasion, apartheid, ethnocide and genocide has denied, and continues to deny Indigenous Peoples their fundamental right to self-determination.

 

143. Racism against Indigenous Peoples manifests itself in discriminatory laws and policies that perpetuate and exacerbate racism against Indigenous Peoples. These laws and policies include the denial of the status of Indigenous Peoples with the right to self determination under international law, the militarization of indigenous lands and territories, doctrines that allow Indigenous territories to be taken without due process of law or adequate compensation, the unilateral extinguishment of indigenous land rights, the doctrine of plenary power, discrimination against Indigenous Peoples in the civil and criminal justice systems of States, failure to recognise the justice systems of Indigenous Peoples, the lack of equal participation of Indigenous Peoples in decision-making processes in matters that may affect their cultural, spiritual or physical integrity, the lack of respect for treaties, agreements and laws between Indigenous Peoples and States with no legal resource for Indigenous Peoples, the denial of protection of the religious freedom for Indigenous prisoners, the disproportionate incarceration of Indigenous Peoples, policies that deny, suppress or destroy Indigenous languages, and the presumption that Indigenous Peoples do not own subsoil resources under their lands.

 

144. Racism against Indigenous Peoples also manifests itself in many forms, including: forced and covert displacement; forced assimilation; forced removal of indigenous children from their communities; economic policies which exploit Indigenous resources without Indigenous consent and without returning any benefit to Indigenous communities; the use of sexual violence against Indigenous women as a weapon of war; misinformation and lack of reproductive information, imposition of dangerous contraceptives on Indigenous girls and women, and forced sterilisation of Indigenous girls and women; the appropriation of Indigenous intellectual and cultural property, including genetic property , and the use of the images of Indigenous peoples and individuals without their consent.

 

145. Religious Intolerance towards Indigenous spiritual practices and the profaning of indigenous sacred sites and objects has been a fundamental instrument in the subjugation of Indigenous Peoples since the invasion and the beginning of colonialism, and is a persistent evil that States must take action to end.

 

146. Environmental racism -- an historical form of racial discrimination -- has led to and continues to lead to the ruination of indigenous lands, waters and environments by the implementation of unsustainable schemes, such as mining, biopiracy, deforestation, the dumping of contaminated waste, oil and gas drilling and other land use practices that do not respect indigenous ceremonies, spiritual beliefs, traditional medicines and life ways, the biodiversity of indigenous lands, indigenous economies and means of subsistence, and the right to health.

 

 

147. Racism, racial discrimination, xenophobia and related intolerance as experienced by most migrant, immigrant, indigenous as well as second generation descendent workers is manifested through multiple forms of discrimination practiced in the workplace and in the communities in which they live. These include restrictive and exclusionary immigration and labour laws and policies, the denial of trade union rights, exploitative working conditions, low wages and non payment of wages, denial or restriction of labour law protections based on types of job, lack of access to public services such as health, housing and social security. It also includes subtle and overt acts of hostility and violence based on colour, race, nationality, gender, age, caste, class and ethnicity. Full labour law protections must be afforded all workers with no discrimination based on occupation.This discrimination is structural in nature and contravenes international standards. Undocumented migrant workers are doubly at risk of racism and xenophobia. Their lack of legal status is too often used as an excuse to deny human rights, including access to the law and social services.

 

148. The negative effects of globalisation has a specific impact on workers. In particular globalisation has a negative effect on women who are trafficked as as sex trade workers or employed as low wage and sweat shop workers.

 

149. Colonialism, slavery and other forms of servitude are primary sources of racism, race discrimination and xenophobia and despite international agreements to outlaw slavery, the trafficking of African children for slavery and forced labour is still ongoing whilst the enslavement and other forms of servitude of Africans and African descendants, Asian and Asian descendants and other marginalized groups have resulted in substantial and lasting economic, political and cultural damage to these peoples. This form of exploitation is particularly damaging to African and African descendant women, who are still victims of sexual trafficking and sexual exploitation, poverty and social exclusion

 

150. The policies and programmes of the WTO and International Financial Institutions, in particular the IMF and World Bank, often aggravate racism and other discriminatory practices.

 

151. Recognising the valuable role of trade unions, as democratic and representative organizations of working people and their unique functions of trade unions in fighting racism and discrimination in the labour market and in society generally, we recognize the central role of those affected by racism in developing, implementing and monitoring policies and programmes to eliminate racism.

 

152. We affirm the fundamental right to freedom of expression and freedom of the press as a key tenet of human rights and a free democracy. We recognize, however, that media plays an important role in shaping people’s attitudes and beliefs about race and this impact is increasing with globalization and increasing concentration of media ownership.

 

153. We believe that information and communication technology can be used as a positive tool to combat racism, racial discrimination, xenophobia, caste-based discrimination and related intolerance and can promote tolerance, respect for diversity in ways that help ensure opportunity, empowerment and access to information .

 

154. Information and communication technology is a factor in global inequities as developed countries not only have greater access to these technologies but are also producers of these technologies thereby rendering developing countries consumers. We urge equal development that results in greater equity and balance in both access to resources and training opportunities to develop key skills.

 

155. The restructuring of the global economy facilitates the transnational movement of capital but tries to restrict the and control the movement labour, thereby exacerbating regional economic inequalities and the commodification and de-regularisation of migrant workers, and especially forcing workers into ‘flexible’ conditions of work which are exploitative and which undermine all universally accepted labour standards.

 

156. We express our concern that in many countries official programmes and actions aimed at controlling migration and regulating inter-ethnic relations result in new and covert forms of institutionalised racism. Migrants and migrant workers, both documented and undocumented, contribute in various ways to the well-being and enrichment of their own societies as well as of the societies in which they reside and work and their access to equal rights and opportunities in these countries, including access to permanent residency, citizenship, and the recognition of their own independent status in all immigration matters, especially for women and children must be recognised.

 

157. Migrants and migrant workers as well as members of their families are vulnerable to racism, racial discrimination, xenophobia and related intolerance. The technical qualifications, skills and expertise of migrants and migrant workers need to be valued, and their full and fair access to employment in both the public and private sector need to be ensured.

 

158. Women migrants and migrant workers, including those with disabilities, are especially vulnerable to all forms of violence and abuse due to the ways in which sexist and patriarchal ideologies frame the current international division of labour and contribute to the feminization of the work force, undervaluing women’s work, and restricting women to sectors of employment such as domestic work and entertainment.

 

159. Acknowledging that immigrant and refugee women, young people, girls and children very often constitute a high proportion of workers in informal employment including home-working or outworking, domestic work, sweatshops and the sex industry. Language barriers, citizenship status, race discrimination and being part of an ethnic minority contribute to the vulnerability of women, girls and children who work in this sector. Governments should legislate to protect these women, girls and children, prioritizing their human rights and undertake awareness raising programmes, working with community organizations, ethnic communities and unions to ensure that migrant workers and refugees are not exploited and made aware of how to enforce their rights. Governments should also reform labour law to ensure that female dominated employment sectors enjoy complete labour rights protection.

 

160. Appalled by the on-going colonial military Israeli occupation of the Occupied Palestinian Territories (the West Bank including Jerusalem, and the Gaza Strip), we declare and call for an immediate end to the Israeli systematic perpetration of racist crimes including war crimes, acts of genocide and ethnic cleansing (as defined in the Statute of the International Criminal Court), including uprooting by military attack, and the imposition of any and all restrictions and measures on the population to make life so difficult that the only option is to leave the area, and state terrorism against the Palestinian people, recognizing that all of these methods are designed to ensure the continuation of an exclusively Jewish state with a Jewish majority and the expansion of its borders to gain more land, driving out the indigenous Palestinian population.

 

161. We declare that this alien domination and subjugation with the denial of territorial integrity amounts to colonialism, which denies the fundamental rights of self-determination, independence and freedom of Palestinians. Condemn this process of settler colonialism through the on-going collective punishments, expropriation and destruction of Palestinian lands, homes, property, agricultural land and crops; the establishment of illegal Israeli settlements, the mass transfer of Israeli Jewish populations to the illegally expropriated Palestinian land and the development of a permanent and illegal Israeli infrastructure, including by-pass roads.

 

162. We declare Israel as a racist, apartheid state in which Israels brand of apartheid as a crime against humanity has been characterized by separation and segregation, dispossession, restricted land access, denationalization, ¨bantustanization¨ and inhumane acts.

 

163. Appalled by the inhumane acts perpetrated in the maintenance of this new form of apartheid regime through the Israeli state war on civilians including military attacks, torture, arbitrary arrests and detention, the imposition of severe restrictions on movement (curfews, imprisonment and besiegement of towns and villages), and systematic collective punishment, including economic strangulation and deliberate impoverishment, denial of the right to food and water, the right to an adequate standard of living, the right to housing, the right to education and the right to work.

 

164. We recognize that targeted victims of Israel´s brand of apartheid and ethnic cleansing methods have been in particular children, women and refugees and condemn the disproportionate numbers of children and women killed and injured in military shooting and bombing attacks. Recognize the right of return of refugees and internally displaced people to their homes of origin, restitution of properties, and compensation for damages, losses and other crimes committed against them, as guaranteed in international law.

 

165. Appalled by the discrimination against the Palestinians inside Israel which include: The imposition of discriminatory laws, including the discriminatory laws of return and citizenship, which emphasize the ethnicity of the Israeli state as a Jewish state; the granting of benefits or privileges solely to the Jewish Israeli citizens; the imposition of restrictions on the civil and political rights of Palestinians because of their national belonging or because they do not belong to the majority ethnic group;The negation of the right of Palestinians to equal access to resources of the State and civil equality, including affirmative action policies, which recognize the historical discrimination against Palestinians inside Israel.

 

166. There is an inextricable link between racism, racial discrimination, xenophobia and related intolerance and the creation of situation which generate refugees, asylum seekers, stateless and displaced persons.

 

167. In situations of flight and displacement, in refugee camps and in the process of resettlement, refugees, asylum seekers, stateless and displaced persons are especially vulnerable to all forms of violence and abuse, especially during their integration

 

168. We are particularly concerned about the situation of the Bhutanese people forcibly displaced from their country under the racist ‘One Nation One People’ policy, which has reallocated the land of these legitimate Bhutanese citizens to other ethnic groups and deliberately delayed their peaceful repatriation.

 

169. Women constitute 80% of the world’s refugees. Women refugees, asylum seekers, stateless and displaced persons are victimised due to the intersectionality of gender and disability and other forms of discrimination and face many difficulties in every stage of their flight and displacement.

 

170. We call for the recognition of racial discrimination against refugees on grounds of ethnicity, nationality, sexual orientation and gender identity which negatively affects their legal status and conditions of integration and resettlement.

 

171. The physical and psychological conditions of asylum seekers, recognized and unrecognized refugees, stateless persons should be recognised especially to ensure that those of them who are victims of torture and detention in their countries of origin are not detained in receiving countries. The permanent, statutory presence of humanitarian organizations to help and assist refugees, should be provided by law, funded by the State and programmed in a pluralistic manner.

 

172. We welcome the initiative of the UN Secretary General in convening the Millenium Peace Summit for World Spiritual and Religious Leaders in celebrating the 20th anniversary of the UN Declaration on the Elimination of All Forms of Intolerance Based on Religion or Belief and look forward to the full implementation of its conclusions by all States.

 

173. We recognize that some religious communities and institutions have acknowledged their historical complicity in perpetrating the ground for, or reinforcing colonization, apartheid, the Slave Trade and slavery, and call for all other concerned religious institutions to undertake the same action to declare and denounce racism and racial discrimination as immoral and inhumane.

 

174. The freedom of expression, thought, conscience, religion and belief without any distinction, exclusion or restriction or preference should form the basis on which States protect the right of individuals and groups to profess and practice their own religion or belief as well as to ensure their right to effectively participate in civil, political, economic, social and cultural life.

 

175. Anti-Tziganisms is a specific form of racism and racial discrimination against Roma , manifested by stigmatization, flagrant violations of their fundamental human rights, denied access to public services, education, employment, denied participation to decision-making processes at local and central administration levels, persecution, abuse, violence, forced deportation, ethnic cleansing, extermination and ethnocide.

 

176. Drawing lessons from history, we declare as crimes against humanity the slavery of Roma, the ethnocide / forced assimilation and genocide against Roma and the extermination of Roma during the Holocaust.

 

177. Acknowledging the transnational character of the Roma identity and its common roots from India, we strongly support the right of Roma to be recognized by the UN, by the regional inter-governmental bodies and organizations, by States and by the whole world, as a non-territorial nation.

 

178. Deploring the public educational policies that deny the development of the esteem of children and youth of Roma, we strongly condemn monocultural autarchic and inflexible educational systems which ignore or stigmatize the Roma cultural identity.

 

179. We deplore the lack of equal access to employment and social services, including justice, citizenship, housing, schooling, health care and public information for Roma and particularly Roma women, strongly condemn those legislative provisions and public policies that encourage such practices or avoid measures to combat them and consider this fact as being institutionalized racism.

 

180. Despite the existence of binding international 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, and growing recognition of the freedom of sexual orientation as a fundamental human right, there remain serious obstacles to the full enjoyment of civil and political rights, as well as economic, social and cultural rights of lesbian, gay, bisexual and transgendered persons.

 

181. There are high rates of physical, sexual and psychological violence in the public domain and in private life as well as hate crimes against lesbian, gay, bisexual and transgendered persons, particularly in cases aggravated by other forms of discrimination.

 

182. Discrimination and intolerance based on sexual orientation and gender identity have led to high suicide rates among lesbian, gay, bisexual, and transgendered persons in many parts of the world.

 

183. Whenever measures are not taken to provide a clean environment because of discrimination on the basis of race, gender, ethnicity, caste and untouchability, age, sexual orientation, gender identity, disabilities, religion, culture, social status, nationality and other forms of discrimination, has often caused increased health problems for many members of these groups.

 

184. We note with great concern that racism, racial discrimination, xenophobia and other intolerance, including homophobia and sexism, have played a significant role in barring access to education and treatment for those infected, presumed to be infected and affected by HIV/AIDS.

 

185. We also note with deep concern the dissemination in the media Of stereotypes and pejorative images of Africans, African descendants, Indigenous Peoples, Dalits, migrants and other groups affected by intolerance and discrimination and particularly, women and lesbian, gay, bisexual and transgendered persons of these groups.

 

186. Children and young people, particularly young Indigenous Peoples, African and African Descendants, Roma Peoples, Dalits, minorities 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 in the political, economic and cultural sectors. In addition, children and young people, particularly girl children and young women and those with disabilities are discriminated against in education, health, civil and criminal justice, media and the environment.

 

187. We strongly condemn public educational policies that deny the development of children and young people’s self-esteem, through monocultural autarchic and inflexible educational systems which ignore or stigmatise any children and young people, such as but not limited to Indigenous peoples, African and African Descendants, Roma Peoples, Dalits, minorities and peoples of oppressed nationalities, ethnicities or castes.

188.

189. Young persons are often portrayed as criminals, based on stereotypes of race, class and sexual orientation, and this criminalization results in further marginalization of this community.

 

190. The girl child suffers numerous racist and discriminatory acts and behaviours, which compromise the girl child’s development with her family, the community and society. This then impacts negatively on her physical, psychological, biological needs and on her sense of belonging.

 

191. The girl child suffers discrimination and intolerance rooted in wars and killings, which destroy significant members of her family. In addition, the girl child is commercially exploited due to unfavourable economic, sociological and cultural factors, particularly, within families where boys are treated more advantageously.

 

192. Trafficking in persons is a form of racism that is recognized as a contemporary form of slavery and is aggravated by the increase in racism, racial discrimination, xenophobia and related intolerance. The demand side in trafficking is created by a globalized market, and a patriarchal notion of sexuality. Trafficking happens within and across boarders, largely in conjunction with prostitution.

 

193. Women and children are especially vulnerable to trafficking, as the intersectionality of gender, disability, race and other forms of discrimination leads to multiple forms of discrimination.

 

194. Trafficking in persons must always be dealt with not purely as a law enforcement issue but within a framework of respect for the rights of trafficked persons.

 

195. Racism, racial discrimination, xenophobia and related intolerance are forms of discrimination based on historically unjust social, economic and political orders. These phenomena mutate, re-invent and continue to manifest themselves in contemporary societies, causing severe psychological scars and perpetuating deep inequality and poverty. Therefore, this Programme of Action, whilst acknowledging the past and its impact on the present, is forward looking, and requires a concerted and sustained effort from members of the global community in order to succeed.

 

196. Racism and racial discrimination are founded on ideologies of racial supremacy that have historically and systematically denied certain groups of people full enjoyment of their human rights and fundamental freedoms. The restoration of dignity to those who have suffered the consequences of these ideologies is central to our humanity.

 

197. The proliferation of racism, racial discrimination, xenophobia and related intolerance is sustained by a lack of political will on the part of governments and other political, economic and social actors. This indicates the magnitude of the task and the difficulties that lie ahead in eradicating racism.

 

198. The eradication of racism, racial discrimination, xenophobia and related intolerance, particularly contemporary forms of slavery, calls for a radical transformation of society, and for a re-ordering of global institutions which are presently dominated by rich countries and which have created a framework within which racist and other discriminatory practices can continue to flourish.

 

199. Within this context, the UN should, as a priority, initiate and engage in a process of restructuring that could more effectively implement the universal values of equality and justice as envisaged by the UN Charter, and work towards redressing current imbalances in global structures with a focus on addressing the core issue of poverty and inequality.

 

200. In light of the above, the NGO Forum for the WCAR salutes the courage of all those who have resisted and who continue to resist racism and all other forms of discrimination and commits to support all efforts aimed at redressing past and present violations through reparations and other remedies, based on the acknowledgement of racism derived from historical privileges and prevailing in every part and country of the world.

 

 

 

 

 

We the NGO Forum :

201. Recognizing that racism, racial discrimination, xenophobia and related intolerance constitute gross violations of human rights which threaten and undermine democratic societies and the Rule of Law and that institutional and structural racism manifests itself directly and indirectly in the laws, policies and practices of governments, institutions, public service sector and multinationals, declare that these violations must be addressed by appropriate legal measures, policies and practices

 

202. Recognizing that Global economic institutions such as the World Bank, the International Monetary Fund and the World Trade Organizations are dominated by the G7 countries and that they perpetuate economic and social injustices in the developing nations, call upon the United Nations to urgently review and address the structural imbalances and inequalities in such institutions, in order to ensure equal access of opportunity and equality between developed and developing nations. All States and governments and the United Nation should ensure that these institutions meet all human rights standards and universal values.

 

203. Recognizing that multinationals operate in a Global environment without effective laws, policies and practices to regulate them. Multinationals are often guilty of committing gross human rights violations in developing countries and that this perpetuates economic, political and social injustice thus causing further instability. We call upon the UN to appoint a special Rapporteur whose mandate should be to investigate and to report on the role of multinationals in the commission of gross human rights violations and such practices that perpetuate racism, racial discrimination, xenophobia and related intolerance in all countries. The Report should make specific recommendations relating to the establishment of a Special Covenant to govern the conduct of multinationals globally

 

204. Recognizing that the structure of the Security Council perpetuates economic and social injustice and racism, call upon the United Nations to restructure the Security Council to address the imbalance in voting powers that has resulted in the perpetuation of racism for decades. Such restructuring should address the issue of permanent and non-permanent membership so as to ensure equity in the decision making process.

 

205. Recognizing the concerns of marginalized groups and persons within the global community of the role and accountability of the Judiciary about the application and interpretation of laws the impact of which perpetuates racism. We call upon the Commission on Human rights to expand the mandate of the Special Rapporteur on the Independence of Judges and Lawyers to deal with questions of accountability of the Judiciary and make recommendations in respect thereof. The mandate of the Rapporteur should also include recommendations on the training of Judges particularly in the areas of human rights and humanitarian law and contemporary forms of racism within the system. The Special Rapporteur on contemporary forms of racism should have his mandate extended similarly.

 

 

206. Recognizing that the efforts of the UN High Commissioner to effect positive changes in Humanitarian law are severely hampered by the paucity of the budget allocated to such office, call upon the UN to provide that office with a regular and proper budget to ensure its effective functioning of that office.

 

207. Recognizing that globalization reinforces the exploitation and exclusion of developing countries from the full benefit of economic and political and social development call upon Governments to cancel the debts of developing countries.

 

208. Recognizing that whilst States are signatories to International and regional Instruments, yet seldom comply with their obligations in terms thereof, thus perpetuating a culture of impunity. We therefore call upon all States to ratify without reservation, and implement all international and regionalinstruments. In particular:-

 

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);

The International Covenant on Civil and Political Rights (ICPR);

The International Covenant on Economic, Social and Cultural Rights (ICESCR);

The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), and its additional Protocol;

The Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (MWC);

The Rome Statute of the International Criminal Court (ICC);

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention Against Torture);

The International Convention on the Rights of the Child (CRC); and

The Vienna Declaration and Program of Action.

The African Charter on Human and Peoples Rights

The African Charter on the Welfare and Rights of the Child

The OAU Convention on Specific Aspects on Refugees in Africa

Convention Relating to the Status of Refugees

European Convention for the Protection of Human Rights and Fundamental Freedoms including Protocol 12 to this convention

European Convention on Regional and Minority Languages

European Framework Convention on Ethnic Minorities

European Social Charter and Optional Protocol allowing for submission of collective complaints

The American Convention on Human Rights

The American Declaration on the Rights and Duties of Man

The First Optional Protocol to the International Covenant on Civil and Political Rights and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, allowing for the submission of individual and group complaints

All ILO Conventions as well as UNESCO instruments

The UN Convention on Transnational Organized Crime and Supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children

1949 Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution

Stockholm Agenda for Action Addressing the Sexual Exploitation of Children

 

The following measures should be addressed:

209. Urge States to adopt the draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights providing for a system of individual and collective complaints.

210. Recognizing the 1998 ILO Declaration on Fundamental Principles and Rights at Work which holds governments responsible for respecting and promoting a set of fundamental rights for workers, including freedom of association, the elimination of forced labour, the abolition of child labour, and the prohibition against discrimination in employment, as well as ILO Convention169 on Indigenous Peoples and Conventions 97 and 143 on Migrant Workers.

211. Recognizing the value and importance of the binding general comments issued by ICERD, we call upon States to:

212. Implement Art. 6 of ICERD which assures effective protection and remedies to victims of racism and racial discrimination and accept the right to just and fair compensatory measures for victims of racism and racial discrimination.

213. Implement Art. 7 of ICERD, which targets education as an essential, mean for combating racism.

214. Lift any reservations to ICERD, and declare under Article 14 of the Convention that it recognizes the competence of the UN Committee on the Elimination of Racial Discrimination (CERD) to accept the filing of individual complaints to the Committee.

215. Support the UN in strengthening the role of CERD to allow for enforceable sanctions in cases where CERD's Concluding Observations on the monitoring of States are not complied with by governments within a reasonable period of time.

 

216. Request that State reports to CERD should include race and sex disaggregated data on the impact and effect of the adopted legislation.

217. Develop in accordance with Article 71 of Part 2 of The Vienna Declaration a Program of Action that requires "each State to consider the desirability of drawing up a national action plan identifying steps whereby the State would improve the protection and promotion of human rights", which include plans of action aimed at fighting racism, institutional or otherwise, racial discrimination, xenophobia and related intolerance and promote partnership relations with civil society mainly through specialized independent national institutions on human rights and equality.

218. Create effective National institutions on human rights and equality. These institutions should be independent and have the power to monitor the implementation of anti-discriminatory legislation, to provide assistance and legal aid to victims and their families, to have recourse to judicial authorities, and to have investigative, enforcement and policy making powers. These institutions should reflect in their composition, the diversity of the society at large. They should be funded adequately and should function without interference from the State and with all the guarantees necessary for their independence and impartiality

219. Fully comply with international humanitarian law obligations and respect non-discrimination provisions binding on all parties to an armed conflict and ensure that the United Nations Special Rapporteurs are always granted admission to all territories of armed conflict...

220. Adopt and implement 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. Such legislation should integrate a full gender dimension, taking into consideration the intersectional discrimination faced by marginalized communities and vulnerable groups. The implementation of such legislation should be periodically reviewed.

221. Mainstream the issue of combating racism into all national policies and practices, including all spheres of public life. Mainstreaming should include the application of equality proofing, guidelines, positive actions, data production, proactive monitoring and impact assessment. All groups experiencing racism, racial discrimination, xenophobia and related intolerances should be encouraged to participate in such activities.

222. Identify and combat institutionalized racism in every sphere in which it appears and systematically combat racist and xenophobic attitudes within governmental institutions and the public sector and to review all existing legislation, administrative procedures and rules, including those on citizenship, nationality and immigration to ensure that no provisions are discriminatory.

 

223. Civil society should be involved in the design, implementation, monitoring and evaluation of all policies and programmes to combat and prevent racism, racial discrimination, xenophobia and related intolerance

224. Ensure that, in accordance with International Human rights standards, all groups and persons whose rights have been violated have access to reparation.

 

225. Ensure the protection of persons or organizations that lay complaints and report incidents of racism, discrimination, xenophobia and related intolerance.

226. Establish programs of affirmative action to include persons affected by racism, racial and gender discrimination, xenophobia and related intolerance in the recruitment, hiring, training, retention and promotion within the criminal justice system, particularly those impacted by the intersectionality of these grounds.

 

227. Urge States to adopt policies to ensure that public funds are provided only to organizations that have non-discrimination policies.

 

228. Urge States to recognize the need for uniform measures and the collection of disaggregated data on racial and gender disparities in the enjoyment of fundamental human rights, the complexities in establishing such uniform standards, the need to work with NGOs in developing such measures and collecting such data, and to commit to the public disclosure and dissemination of that data.

 

229. Urge States to acknowledge the need for technical and financial support to develop and implement uniform measures and the collection of disaggregated data on racial disparities and commit to the establishment of an international trust to provide for such assistance.

 

230. Call upon the UN to organize a follow-up conference in 2005 in order to evaluate the progress made by States, governments and civil society in the fight against racism and to put in place mechanisms to monitor implementation at an international level of all regional and national action plans.

 

 

231. We call on the Sub-commission on the Protection and Promotion of Human Rights to establish a Working Group on African and African Descendants throughout the world.

 

232. We strongly call on the UN to establish, within one year from this World Conference Against Racism, an international tribunal to measure the extent of the damages resulting from the slave trade, slavery and colonialism on Africans and African Descendants. We call on the United Nations to establish and resource a world institute based in Africa and dedicated to research, fact finding and resource networking for Africans and African Descendants in the Diaspora.

 

233. We call on all States to recognise anti-Black racism as a form of racism with its own specificities that manifests itself particularly against Africans and African Descendants.

 

 

 

234. We demand that educational curricula reflect the accurate historical experiences of both the victims and the perpetrators of the Trans Atlantic SlaveTrade, Trans-Saharan and Trans-Indian Ocean Slave Trade, Slavery and Colonialism.

 

235. Therefore, we call for the establishment of an international tribunal within one year to document the character and extent of harm derived from the Trans-Atlantic slave trade, Trans-Saharan and Trans-Indian Ocean Slave Trade, slavery and colonialism which are crimes against humanity.

 

236. Urge governments in Cameroon, Mauritania, Niger and Sudan that engage in any form of slavery to eradicate this practice. In particular, laws abolishing traditional slavery should include reparations for the victims of these violations. Criminal sanctions should be imposed on perpetrators of these crimes. States should recognize the human rights of these victims, including their political, social, economic, cultural and civil rights.

 

237. We demand that the United States, Canada, and those European and Arab nations that participated in and benefited from the Trans Atlantic Slave Trade, the Trans-Sahara Slave Trade, the Trans-Indian Ocean Slave Trade, Slavery and the Colonization of Africa, within one year of the WCAR establish an international compensatory mechanism for victims of these crimes against humanity.

 

 

The United Nations and States shall:

238. Ensure that, in accordance with universally recognised human rights norms and standards, all nations, groups and their members who are the victims of crimes against humanity based on race, colour, caste, descent, ethnicity or indigenous or national origin are provided reparations;

 

239. Ensure that the perpetrators and beneficiaries of the Trans-Atlantic Slave Trade, Slavery, Colonialism, Foreign Occupation acknowledge that these polices and practices are crimes against humanity;

 

240. Create programs of reparations for the victims of crimes against humanity and violations of human rights reaching the masses of the victimized and not merely an elite few and designed to address the specific character of the peoples injured that include:

 

241. Restitution encompassing the unconditional return of land, heritage icons and artifacts; the provision of land to those forced to leave their homelands and forcibly resettled in foreign lands; cancellation of debt of countries victimized by these crimes against humanity including African countries and impoverished countries in the Americas;

 

242. Monetary compensation that will repair the victims, including Africa, Africans and African descendants, by closing the economic gap created by these crimes and encompassing debt cancellation, programs for creation and enhancement of participation in production enterprises; full accessibility and affirmative inclusion in all levels of employment opportunity; grants of cash payments based on assessment of losses resulting from the violations of human rights and crimes against humanity;

 

243. Restoration including release of all political prisoners, providing for health care, including mental health care, educational and social services that are specifically designed to correct the injuries caused by the violations of human rights and crimes against humanity;

 

244. Satisfaction and guarantee of non-repetition includes the public acknowledgment of the crimes against humanity; the correction of the history of Africa, African and African descendants in educational materials and in the media; acknowledgment of the economic base of exploitation of the victims of crimes against humanity and violations of human rights and the unjust enrichment of the perpetrators;

 

245. Create an independent international and regional monitoring organization with the responsibility to assure that programs of reparations are designed and implemented with timetables and that satisfy the provisions of this programme of action are accomplished;

 

246. We call on all States to acknowledge the principle of reparations for the cultural, demographic, economic, political, social and moral wrongs of the Trans-Atlantic slave trade, Trans-Saharan slave trade, Trans-Indian Ocean slave trade, slavery and colonisation and that African and African Descendant victims reserve the right to determine the form and manner of reparations;

 

247. We call on all concerned African nations to take formal legal action to obtain the return of stolen cultural artifacts, gold, money, mineral wealth and the return of occupied land on the continent and call on the international community to support such actions.

 

 

248. Ensure that all members of civil society clearly and publicly condemn all forms of antisemitism; recognize the responsibility of public officials to publicly disavow hate mongers, hate speech, and other forms of expression which spread, incite, promote or justify acts of antisemitism; ensure that appropriate anti-discrimination legislation exists and is adequately implemented to ensure that action is taken against individuals and institutions responsible for discrimination and criminal acts against Jews, and the denigration of Jews; promote concrete actions which will counteract and prevent the increase of antisemitic incidents and hostile action against Jews as well as the rise of radical and violent movements which foster racist ideologies and discriminatory practices against the Jewish community; promote Holocaust remembrance, notably through education and the organization of cultural or media events, including the promotion of national days of Holocaust remembrance,

 

249. Include the subject of antisemitism in anti-racist education for students and teachers, and in all teaching materials, particularly in history and social science books; introduce measures to eliminate antisemitic propaganda, and antisemitic references in school curricula, textbooks and the media; promote public awareness and tolerance through non-formal education and the media; give Jewish youth an opportunity to take an active role in educating the world about the evil that necessarily results from Jew hatred; promote a voluntary internet code of conduct and other voluntary measures against the purveying of sites that promote racism, racial discrimination, xenophobia and related intolerance; encourage the United Nations within the context of the UN Decade of Human Rights Education, to establish a month each year dedicated to promoting responsible use of the internet with a particular focus on the internet.

 

250. In situations of civil and international conflicts in Asia, including armed struggles between ethnoracial, religious, national, or caste groups, international human rights organizations must be given the right to investigate and document cases of rape, child abuse, ethnic cleansing, detention without trial, custodial deaths, and disappearances. The international community should be encouraged to impose sanctions against nation states that act with impunity and refuse to comply with their obligations under international human rights law, and courts should pursue prosecution of the perpetrators of heinous crimes.

 

251. We call on the UN Sub-Commission on the Protection and Promotion of Human Rights to establish a Working Group on Asian and Asian Descendant populations including ethnic and religious minorities in Asian countries. We further call on all states to create Commissions with sufficient resources and with NGO participation to identify, examine and address issues of discrimination and persecution against Asians and Asian descendants based on race, ethnicity, caste, languages, religion, citizenship or migrant status, gender, sexual orientation, gender identity, disability and other factors.