This plan of Action is informed by the following guiding principles:
194. 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.
195. 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.
196. 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.
197. 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.
198. 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.
199. 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.
LEGAL MEASURES
We the NGO Forum:
200. 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
201. 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.
202. 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
203. 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.
204. 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.
205. 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.
206. 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.
207. 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 following measures should be addressed:
208. 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.
209. 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.
210. Recognizing the value and importance of the binding general comments issued by ICERD, we call upon States to:
211. 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.
212. Implement Art. 7 of ICERD, which targets education as an essential, mean for combating racism.
213. 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.
214. 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.
215. Request that State reports to CERD should include race and sex disaggregated data on the impact and effect of the adopted legislation.
216. 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.
217. 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
218. 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...
219. 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.
220. 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.
221. 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.
222. 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
223. Ensure that, in accordance with International Human rights standards, all groups and persons whose rights have been violated have access to reparation.
224. Ensure the protection of persons or organizations that lay complaints and report incidents of racism, discrimination, xenophobia and related intolerance.
225. 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.
226. Urge States to adopt policies to ensure that public funds are provided only to organizations that have non-discrimination policies.
227. 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.
228. 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.
229. 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.
AFRICAN AND AFRICAN DESCENDANTS
230. 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.
231. 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.
232. 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.
SLAVERY AND SLAVE TRADE
233. 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.
234. 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.
235. 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.
236. 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.
REPARATIONS
The United Nations and States shall:
237. 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;
238. 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;
239. 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:
240. 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;
241. 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;
242. 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;
243. 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;
244. 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;
245. 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;
246. 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.
ANTISEMITISM
247. 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,
248. 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.
ASIANS AND ASIAN DESCENDANTS
249. 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.
250. 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.
251. We call on states to institute programmes and policies to protect Asians and Asian descendants from police misconduct and hate crimes, to ensure the full inclusion and equality of Asians and Asian descendants through access to fair immigration policies, as well as fair access to employment, housing and financial resources, and in particular to acknowledge and value the work of Asians and Asian descendant women by protecting them from exploitation through such policies and programmes.
252. We call upon states, media and academic institutions to address racism, xenophobia and stereotyping of Asians and Asian descendants by promoting their appropriate and diverse representation in text books, courses and both entertainment and news media and by ensuring their fair access to media through relevant licensing and regulatory bodies.
CRIMINAL JUSTICE AND JUDICIAL SYSTEMS
253. Recognize, in accordance with international law and with the Statute of the International Criminal Court, that the persecution of any identifiable group on political, racial, national, ethnic caste, descent and work, cultural, religious, gender, disability or other grounds constitutes crimes against humanity and in view of the importance of combating impunity, sign and ratify, if they have not yet done so, the Statute of the International Criminal Court. At the same time, we urge all States and governments to speedily conduct at national level, investigations and prosecutions of war crimes in compliance with their international obligations
254. Abolish the death penalty, giving particular consideration to the fact that throughout the world it is used disproportionately against people belonging to racial, ethnic, national minorities and Indigenous Peoples.
255. To ensure that persons who are affected by racism, racist practices, xenophobia and related intolerance have access to an effective criminal defence, which includes the explanation of reasons for the arrest, detention, legal, proceedings and charges, interpretation services, free of charge and at all stages of the criminal process, and also provides access to diplomatic representatives for Foreign nationals.
256. To ensure the eradication of impunity within the criminal justice system, particularly law enforcement, judicial and correctional personnel, and in the public sector, through the establishment of internal and external independent complaints, monitoring mechanisms and investigations, and the imposition of disciplinary and criminal sanctions for transgressions.
257. We call upon States to ensure that selection processes for the appointment of Judges take into account persons previously excluded on the grounds of race, gender, ethnicity and colour, particularly those impacted by the intersectionality of these grounds. Selection processes should also take into account that persons appointed should be independent of political and executive, economical or social influence.
258. We call upon States to revise and adopt laws and procedures regarding the manner in which the judiciary operates, to ensure that judges act in an independent and unbiased fashion, so as to apply the law equally, fairly and justly to all individuals and groups, particularly those who are without any political, social or economic power, and discriminated on grounds of racism, gender, racial discrimination, xenophobia and related intolerance.
259. To ensure that effective mechanisms, including data collection, are established to prevent the racial profiling of victims of racism, racial discrimination, xenophobia and related intolerance, including a clear prohibition of reliance on race ethnicity or other group identity, by by law enforcement, prosecutorial or judicial officers, through a review of laws and policies, to ensure that they are not discriminatory in purpose or impact, particularly in prisons and other places of detention.
260. To ensure that States enact legislation to prevent the practice of treating minors as adults within the criminal justice system, as this affects a disproportionately large number of persons belonging to marginalized groups, particularly in the area of sentencing.
261. To develop policies and practices that prohibit the use of excessive force by law enforcement officers, provide increased sanctions for use of excessive force motivated by racial or other discrimination, and to require special training programs on non-lethal and proportionate levels of force and alternatives to the use of force for law enforcement officers.
262. To ensure strict and regular monitoring, inspection and control mechanisms in all places of detention, including private and alternative prisons, concrete and immediate steps to end the exploitation of the labour of incarcerated people, full access to incarcerated poputlations to educational programmes and facilities and timely and appropriate preventative, diagnostic and curative physical and mental health services, and programs which focus specifically on the reintegration of offenders into their communities after their release from prison.
263. Require that all states ensure that Public officials, criminal justice and law enforcement agencies act in a non-discriminatory manner and that specific training programs on anti-racist, anti-xenophobic and gender sensitive practices are designed for such officials and agencies. Such officials and agencies should be required to publicly disavow hate speech, and conduct that foments acts of racism, racial discrimination, xenophobia and related intolerance.
264. To ensure, that States comply with article 10 of the UN Convention against Torture (CAT), by ensuring that educational measures explicitly address the implications of the fourth purpose contained in the definition of torture (“discrimination of any kind”) found in article 1 of the Convention, thus helping to prevent torture, ill-treatment and any kind of violence against disproportionately targeted groups and individuals.
265. To ensure that asylum seekers are not subjected to criminal or other punishment on the basis of any illegal entry or presence, that detention of asylum seekers is used only as a measure of last resort (except that unaccompanied minors should not be detained in any circumstances), subject to periodic judicial review, with a maximum duration specified in national law, with guarantee for the right of appeal against this detention, and with strict and regular inspection by independent bodies. If detained, asylum seekers should be held in special immigration detention centres, in conditions appropriate to their status and in accordance with international standards, and not with perons charged with or convicted of criminal offences.
266. To ensure that special attention is given to the rights of refugees and asylum seekers to adequate and effective representation and prompt judicial proceedings, and that groups, including non citizens such as documented or undocumented migrants, asylum seekers and refugees, are provided necessary information and legal assistance in the event of torture, ill treatment or any kind of violence, perpetrated on the basis of race, racial discrimination, xenophobia and related intolerance.
DALITS AND OTHER COMMUNITIES DISCRIMINATED AGAINST ON THE BASIS OF WORK AND DESCENT
267. Enact suitable legislation to recognise and eradicate discrimination based on work and descent, including caste discrimination and untouchability against Dalits, Buraku people and other affected communities, in those countries where such legislation does not exist; and in countries where legislation banning such discrimination already exists, take immediate steps to create transparent and effective monitoring mechanisms including the establishment of time-bound programmes to ensure effective implementation of such legislation, even where the perpetrators are States or State agents.
268. Declare work and descent based discrimination, including caste discrimination and untouchability, as Crimes against Humanity and enact and enforce legislation to guarantee the right to life and security, particularly the women and children of these communities, to criminalise violence, atrocities and incitement to discrimination and violence committed against these communities, and to effectively and speedily prosecute offenders at all levels.
269. Enforce speedy and effective legal and programmatic measures to abolish the traditional practice of the Devadasi system and to rehabilitate the Dalit women and improve the quality of their lives by giving them access to arable lands, proper housing, gainful employment and education.
270. Undertake a survey of the situation of the Buraku people in Japan to ascertain the nature and extent of the discrimination they continue to face despite the enactment of temporary 'Special Measures' by the Government of Japan, and take all necessary legal, administrative and other measures to eradicate such discrimination.
271. Ensure that these communities, who have contributed to the nation-building process through their massive but unrecognised and silent labour, are protected by law from exploitation of their labour, including the implementation of laws that provide for a living wage and prohibit child labour, bonded labour and manual scavenging. Also implement laws relating to land reform that would guarantee access to and control of land for these communities, and ensure that these lands are officially registered in the name of women of these communities.
272. Create and strengthen transparent policies and systems of affirmative action, irrespective of religious affiliation, that enhance the access of these communities, especially their women, to higher government posts, including scientific institutions, and to posts in the government administration, the judiciary, law enforcement agencies and the private sector, including multinational corporations.
273. Allocate adequate funds to guarantee the enjoyment of their rights to livelihood, land, education, housing, potable drinking water, sanitation, health and employment opportunities, with special emphasis on their women, and establish effective monitoring mechanisms to ensure full and proper utilisation of available funds.
274. Undertake mass-scale public awareness raising and educational initiatives, with the active support of NGOs and other segments of civil society, in order to promote positive changes in attitudes towards and within communities discriminated against on the basis of work and descent based discrimination, for which the necessary budget allocation shall be earmarked by the State.
275. Introduce measures of reparation for the centuries-old wrongdoings committed against these communities through legislation and appropriate machineries for the purpose of restitution, monetary compensation, rehabilitation and for ensuring guarantees of non-repetition.
276. The United Nations to ensure the implementation by the States of all relevant recommendations and resolutions of the UN human rights treaty monitoring bodies and of the UN Sub-Commission on the Promotion of Human Rights, and immediately appoint a UN Special Rapporteur to study the question of work and descent based discrimination, including caste discrimination and untouchability, against these communities in different parts of the world.
277. NGOs to lobby to ensure that the relevant Governments are made accountable to Parliament and to the UN Committee on the Elimination of Racial Discrimination for their implementation of policies and programmes aimed at eradicating work and descent based discrimination, including caste discrimination and untouchability, by constitutionally mandating their Governments to submit and openly discuss the annual reports of National Human Rights Institutions.
PEOPLE WITH DISABILITIES
278. We urge upon States to ensure specific programs of optimal rehabilitation including access to assisted devices and technology, education, recognition of informal skills, job integration without discrimination and equitable remuneration.
279. We call upon States to address the stigmatization of disability through a wide range of strategies promoting disability awareness and the rights of Persons with Disabilities to equitable access to, and equitable share of national resources
280. We call upon States to develop relevant protocols to ensure representation and participation of Persons with Disabilities in the decision making process of states and communities at all levels.
281. We call upon states to examine the intersection of race and disability in order to develop and implement strategies aimed at the elimination of disability based discrimination. Design, with full participation of Persons with Disabilities, and implement and monitor all anti-racist policies as disability sensitive.
282. We urge the United Nations and States members to acknowledge and redress the situation of discrimination and stigmatization of Persons with Disabilities throughout the human history.
283. We urge them to implement legislation, programs and services aiming their full enjoyment of human rights with no distinction based on type of disability, color, race, gender, age, national or ethnic origin, religion, language, culture, caste, socio-economic status or any other status, property.
284. Create the necessary conditions in order to generate the establishment of regional and International Networks on Disability in order to monitor the situation of Persons with Disabilities around the world and to exchange information on these issues.
285. We call upon States at the national and international levels to ensure that Persons with Disabilities are provided equitable opportunities to participate in all aspects of events such as WCAR, NGO forums, etc, including in the roles of speakers, rapporteurs, resource persons as well as in cultural events.
286. We further call upon states at the national and international level to ensure that such events are held in venues which have full disability access.
287. We call upon all NGOs to, over the next year, conduct a comprehensive analysis of their existing programs for physical and programmatic access for people with disabilities and to make appropriate changes to eliminate barriers.
EDUCATION
Education as a means of redress should be viewed from the broad perspective of encompassing as a comprehensive strategy:
FORMAL AND NON-FORMAL EDUCATION INCLUDING ADULT EDUCATION
288. Implement the U.N. Decade for Human Rights Education 1995-2004, and support its continuation for a further Decade with increased human and financial resources.
289. Ensure equal access to education at all levels, including higher education, without discrimination on any ground, for all persons irrespective of their legal status and abolish policies and practices promoting or leading to racial segregation in education.
290. Include human rights education and human values as a dimension in the national curricula for primary and secondary schools aiming for all pupils to have an awareness and understanding of their rights and responsibilities. Include in national curricula for primary and secondary school a human rights education with an emphasis on universal values aimed at ensuring that learners have an awareness their rights and responsibilities under domestic constitutions, the Universal Declaration of Human Rights, the Convention on the Rights of the Child and other international human rights instruments.
291. Review the education curriculum with the purpose of eliminating any elements that might promote racism, racial discrimination, xenophobia and related intolerance or reinforce negative stereotypes. Efforts must also be made for the systematic collection of data, for planning and evaluation, on educational quality and achievement. Further, we encourage a holistic approach that includes a balance between a science and technology based approach and an indigenous knowledge and philosophy based approach.
292. Ensure that education syllabi incorporate an accurate history of the struggle of the people against colonialism, genocide, slavery, apartheid, imperialism and patriarchal ideologies and caste-based practices which have entrenched racism, racial discrimination, xenophobia and related intolerance. In addition, ensure that education curricula highlight the vital contributions of different cultures and groups, such as Africans and African descendants, Indigenous peoples, migrants and other ethnic, racial, cultural, religious and linguistic groups have played in building national identities.
293. Review and develop the educational system to allow for learning and instruction to be pursued in mother-tongue language(s), and to ensure that access to education is not denied to vulnerable groups on the basis of linguistic ability and criteria. In addition, to provide affirmative educational support from marginalized groups, through such measures as extra-tutorial, pre-school education, stipends for books and supplies, scholarships for vocational professional and higher education and employment guidance and assistance.
294. Educational policies be pursued that includes cultural, racial and sexual diversity and that recovers the historical contribution of women in the development of their peoples, communities and nations.
295. To provide to all peoples and cultures in educational centres, access to technology in equal conditions, especially in areas that have no access to higher education, for an equitable and sustainable development and the eradication of racism, racial discrimination, xenophobia and related intolerance.
296. Take measures to increase the recruitment and promotion of members of minority groups as teachers, trainers and care providers and guarantee effective equality of access to the teaching profession. Additionally, ensure that pupils, parents and teachers are given information and training on Human Rights and are trained to deal with racist incidents in schools with a full awareness of the remedies that are available.
297. Encourage businesses and multi-national corporations to promote understanding and acceptance within their workplace through educational programs on the values of cultural diversity, cross-cultural communication and non-discrimination, as well as skills development for disadvantaged groups.
298. Promote adult education for the public at large, addressing the question of functional illiteracy in minority languages.
299. Efforts must be made for the systematic collection of data for planning and evaluation, disaggregated by race on educational quality and achievement.
300. Comply and take action on the commitment of States to the Dakar and Jomtien Declaration.
PUBLIC AWARENESS AND ACCESS TO INFORMATION
States and governments should:
301. Commit themselves to undertaking public information to alert their societies to the dangers of racism, racial discrimination, xenophobia, and related intolerance, and to support initiatives of non-governmental organisations in this respect.
302. Set up or facilitate the provision of free access to sources of information on the rights and remedies of victims of racism, racial discrimination, xenophobia and related intolerance, including all forms of religious intolerance.
303. Organise and support networks of information in the combat against racism and related intolerance at local, national and regional level, and facilitate the key role of NGO's in combating racism and related intolerance, acknowledging their significant role in disseminating information and establishing networks among target groups.
304. Establish and resource an independent body or bodies, which is tasked to:
TRAINING AND EDUCATION FOR PUBLIC OFFICIALS
States and governments should:
305. Conduct nationwide campaigns to raise awareness among State organs, such as the judiciary, and law enforcement agencies, public officials, including legislators, as well as civil society organisations, including associations involved with migrants and other vulnerable groups, concerning the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
306. Train police and immigration officials in the application of international human rights standards and that the successful completion of such training programmes be made one of the criteria for promotion.
307. Implement training programmes on the dangers of racism and intolerance, including sexist prejudices, disability discrimination stereotyping and multiple discrimination and promote respect for cultural diversity by officials in all spheres of public life, in particular the police and the military, the judiciary and other agents of the administration of justice, teachers and other educationalists, and officials working in the sphere of health and social welfare.
308. Develop specific measures for agents of the criminal justice system, in particular the police and other law enforcement officers, for their interactions with target groups and minorities.
309. Governments and states should promote research addressing the roots and manifestations of all forms of contemporary racism, including those not rooted in slavery, and to introduce educational programmes for both civil servants and the general public based on the principle of priority of human rights and multiculturalism.
ENVIRONMENTAL RACISM
310. To promote sustainable development, governments must develop, improve, and apply economic, health, and social indicators to assess the quality of life for people impacted by environmental racism, implement a just transition to clean, affordable and sustainable modes of production, and pollution prevention, develop, apply, and transfer to all States information and technologies that can reduce and eliminate environmental health hazards and enable the thorough remediation of contaminated sites, ensure medical services to persons suffering from toxic exposure, develop laws which prohibit transboundary, especially from industrialized to non-industrialized countries, and intra-border deposition of toxics and polluting technologies, which degrade the environment and harm human health, urge UN agencies, international and regional financial mechanisms, and donor countries to reform their loan and grant-making practices and provide the resources that enable all States to develop, improve, and implement the laws, policies, and practices as called for by this program of action.
311. Governments must establish, comply with, and enforce international conventions, treaties, declarations, national laws, and policies that ensure the fundamental rights of all people to clean air, land, water, food and safe and decent housing. Such legal instruments and policies must provide protection for urban and rural communities, workers, especially agricultural laborers, from environmental hazards that disproportionately impact people who have historically been subjected to discrimination based on race, class, color, gender, caste, ethnicity and/or national origin, ensure the right of all people to meaningful participation in decision-making on environmental and health issues, including culturally and linguistically appropriate outreach and education as well as guarantee fair access to judicial and administrative proceedings and remedies for environmental racism, and establish legally binding instruments and mechanisms to hold states and corporations accountable to international and domestica laws protecting human rights.
312. Governments must ensure that all governmental policies and practices adhere to the principles of precautionary approach and polluter-pays as provided in the Rio Declaration on Environment and Development. Develop and implement programs of sustainable development with the involvement of those affected by environmental racism and other non-state actors in order to redress and improve health, environmental, and economic conditions. Establish programs to protect people from environmental racism caused by military, governmental, and industrial activities. Such programs must include protection from dangerous health threats, remediation of environmental degradation caused by the military, governments, and industry, as well as the disposal of toxic stockpiles that meets 100% efficiency. Reform economic development policies with mechanisms for prioritizing health, social, cultural, and religious/spiritual values.
313. As full partners in the eradication of environmental racism and quest for sustainable development, the NGO Forum calls upon NGOs to: foster meaningful national and international participation in public and private decision-making affecting local communities and their environments; study the effects of environmental racism on our communities; identify and publicize the effects of environmental racism on workers and communities; educate civil society on the impacts of environmental racism; advocate for public and private sector policies and laws that protect natural resources, eliminate contamination affecting communities, and restore contaminated environments; provide victims of environmental racism with legal advisory assistance to access justice and attain fair compensation; and develop regional environmental justice networks to share information, strategies, lessons learned, engage in mutual solidarity actions, and monitor the compliance and enforcement of the obligations of industry, governments, and intergovernmental agencies to make possible equitable and sustainable development. The NGO Forum calls on governments, intergovernmental agencies, UN agencies and other financial mechanisms, and philanthropic organizations to provide the financing and technical assistance necessary to enable NGOs to carry out this action plan.
ETHNIC AND NATIONAL MINORITIES
314. We urge States to fully recognize all fundamental human rights for members of ethnic and national groups, and especially full equal citizenship for them in all fields of public life. States should repeal legislation that facilitates discrimination against ethnic and racial minorities and prevents them from enjoying their identity, culture, religion and language or renders members of minority communities stateless.
315. We recommend that governments and international organizations take urgent action to eradicate the widespread discrimination and persecution of ethnic and national groups, by implementing national public and social policies to redress discrimination, including affirmative action programmes. In particular, States should set up systems of government and administration that allow ethnic and national groups to participate in decision-making and implementation. States engaged in post-conflict transition should adopt systems of power sharing, based, wherever possible, on parties rather than ethnicity.
316. We urge states to enact legislation, including constitutional protection, in order to ensure cultural rights for all, and to protect and promote cultural diversity on their territory. We recommend that governments develop intercultural educational provisions and curricula that are culturally and linguistically appropriate. These should ensure that all groups and individuals have an understanding of their multicultural society, and that they share common values in the public domain, which evolves through democratic participation. States should support and encourage organizations that promote minority cultures and languages, and promote cultural exchanges and understandings between different communities.
317. Where an ethnic or national groups is geographically concentrated, states should establish territorial autonomy to provide for self-government, where and when the ethnic or national group desire it. The rights of other minorities, especially smaller groups within these areas, should also be protected, and individual rights always respected.
318. The state has an obligation to provide human security for all persons and must desist from using its security and military apparatus to manipulate and create divisions amongst minority communities. States must take immediate steps to reduce their military budgets and channel these resources into the establishment of country-wide multi-cultural education and media programmes and the promotion and protection of minority rights.
319. We urge States to ensure that national human rights mechanisms independently and effectively monitor the impact of development projects and programmes on ethnic and national groups, while ensuring their conformity with international human rights standards. These mechanisms should ensure the full participation of the affected communities and of civil society in the monitoring process. Governments should adopt land tenure and land use policies and regulations that are in conformity with international standards on traditional land and territorial rights for ethnic and national groups. The land rights of pastoral, nomadic and forest peoples must be recognised and enshrined in law.
320. We recommend that governments, and multilateral and bilateral development agencies ensure the right of ethnic and national groups to participate in the formulation, implementation and evaluation of country strategies, development plans and programmes that affect them. This participation must be comprehensive and transparent through all stages of the project cycle. The nature of participation should be consistent with the traditional decision-making processes of ethnic and national groups, if they so request. Equal consideration should be given to, inter alia, women, older people, persons with disabilities, children and those living with HIV and AIDS within ethnic and national groups, allowing them to express their own perception of rights and development needs.
321. We call for the development of a binding international convention on persons belonging to national or ethnic, religious and linguistic minorities, based on the UN Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities.
322. We call for the creation of an international judicial mechanism whose mandate will be to intervene in cases of widespread human rights abuses especially concerning the rights for life and security of the members of of ethnic or national groups.
323. We call for the establishment of regional systems for the protection of ethnic and national groups where they do not currently exist.
324. We call on States to set up institutions, such as minority ombudspersons, to ensure fair treatment for ethnic and national groupsand the promotion of ethnic and national participation in political, economical, social and cultural life as well as in any fields of public life.
325. The Palestinian Citizens of Israel should be recognized as a distinct national minority group based on Article 27 of the ICCPR. We call for the implementation of the recommendations and concluding comments regarding Israel issued by UN Human Rights treaty or Charter based bodies such as the CESCR, the Human Rights Committee and the Commission on human rights, which emphasized the Palestinian citizens' collective rights regarding lands, absentee property, uprooted villages and the unrecognized villages.
326. We express deep concern at the systematic and institutionalized discriminatory policies practiced against the Kurdish people. We condemn the crimes committed against the Kurdish people, such as genocide, ethnic cleansing, denial of their cultural and linguistic rights, mass disappearances, destruction of villages and towns. In order to ensure Kurdish people's rights for freedom, dignity and self determination we call upon the international community and the concerned states to end these policies, render justice, decide on reparations for the victims and develop effective monitoring mechanisms. We demand that the right of the Kurdish people to statehood be recognized
327. We express our concern for the Uyghur people of East Turkistan and recommend that the UN establish a Working Group to investigate the serious allegations of mass executions, torture and disappearance of Uyghur political and religious prisoners.
GENDER
328. All parties to armed conflict are requested to abide by the rule laid down in the Rome Statute, and that States and the international community should commit to combat all forms of racial discrimination and violations of women's human rights especially during periods of armed conflict.
329. States are urged to conduct impartial and independent investigations and prosecutions of in relation to rape or other forms of gendered crimes during conflict.
330. Expose and document rape as a war crime; undertake research and information gathering as an instrument of the early warning system.
331. Education curriculum and armed forces (police) training to include: human rights training, the culture of peace and gender sensitivity.
332. Teaching materials to remove stereotypes and historical biases, and strengthen the teaching of the history of national and ethnic minorities, human migration, colonialism and women's human rights. Issues for women with disabilities should be included in public education to eliminate disability discrimination.
333. Promote programs which provide legal services to women and provide women with education on human rights.
334. States to prevent and stop violations of human rights violations against documented and undocumented migrants and migrant workers, including gender-based violence and human rights violations committed against women migrants and migrant workers.
335. Urge states, multinational corporations, international financial institutions and companies to prevent and eliminate racially discriminatory policies and practices, recognising the gender-differentiated experiences of women and girls in access to employment. Women with disabilities to be provided with appropriate health care services and respect while accessing reproductive health services.
336. Partial interpretation of traditional, social and cultural beliefs and the misuse of religious and traditional beliefs is the cause of racism, racial discrimination and related intolerance.
337. States to promote and protect the health rights of women and girls, and provide access to adequate maternal and reproductive health services, particularly women with disabilities.
GLOBALISATION
338. We call upon the States to recognise that the exploitation of young peoples labour, particularly those from indigenous and ethnic minorities and immigrant groups is exacerbated by TNCs We urge States to protect their citizens by regulating these practices.
339. We insist that a code of conduct be developed and implemented to recognise the value of the contribution made by young people and to ensure the protection of their security and livelihood.
340. We note with concern the punitive reaction of many governments to the growing expression of community disquiet as to the discriminatory effects of globalisation and urge them instead to support a democratic and anti-racist globality. We urge States to ensure that their decision making processes in relation to these issues both take into account and are accountable to the communities that they represent.
341. We urge governments to take whatever steps are appropriate to ensure that the ownership of knowledge including territory medicines, biodiversity and culture by indigenous peoples is officially recognised. We call upon States to enforce and protect the intellectual property rights of indigenous peoples, especially where the appropriation of this knowledge and violation of these rights is an economic benefit to private organisations.
342. We urge States to recognise the racial dimension inherent in the unequal distribution of resources through the process of globalisation. The racial aspect of globalisation is experienced at international, national and local levels and requires organised preventative strategies at each of these levels.
343. We call upon the governments of the North to reinforce the means of financial aid to southern countries to devote a proper part of the aid to minority communities for their specific structural development and needs such as education, training, helath care and housing.
344. Support "humanitarian business" calling for the presence of trained persons in governmental and international institutions to enhance "corporate social responsibility".
HATE CRIMES
345. We urge states to extradite those guilty of hate crimes to face prosecution where appropriate, regardless of nationality.
346. Develop policies and practices which encourage international protection for those suffering from these heinous hate crimes. Monitor and provide effective measures to ensure implementation of human rights laws and UN conventions against hate crimes including sexual violence and promote policies and practices that delegitimize racist hate propaganda and hate groups.
347. Encourage identification of the new issues within the UN, including to establish a commission and rapporteur desk to inquire into the issues raised here such as ethnic cleansing, ethnic conflicts, ideological and cultural Daliticide, hate crimes, and establish offices in different areas of the world.
348. Consider more powerful means (such as embargoes, economic sanctions) of dealing with recalcitrant states that continue to perpetrate hate crimes, ethnic cleansing and genocide, and promote and require protection for those involved in religious organizations operating in any oppressive conditions
349. Encourage the UN to set up and fully fund a body to deal with propaganda and media distortion related to racism and racial discrimination, hate crimes, systematic ethnic cleansing, and genocide. Also require that education and training about discrimination, hate crimes, ethnic cleansing and genocide is provided by governments and the UN to enable the liberation of oppressed people and to increase understanding of these heinous crimes in the international community, including requiring offices in the regions outside Geneva and New York. Require the UN to monitor and agitate for this.
350. NGOs should agitate for national legislation to combat hate crimes and violence and punish the perpetrators of such acts as well as push for a serious UN response to hate crimes.
351. All political parties must promote inclusive policies and prohibit the use of negative images of race, ethnicity, religion, language and caste.
352. It is important to monitor education to ensure it is inclusive and prevents perpetuation of discrimination and hate crimes and also to monitor media for accusations, generalisations, stigmatization, stereotyping and bias of particular racial and ethnic minorities, indigenous peoples, castes, especially women, children, those with disabilities, religious minorities and communities advocating for social change and self determination other groups being targeted by hate crimes
353. NGOs must form a coalition with others suffering from discrimination to fight hate crimes against members their own communities. It is important to get assistance, gain knowledge and get advice from those in other countries who have already formed such coalitions.
HEALTH - HIV/AIDS
354. Governments of the developed countries should assure that state of the art medical and health related technology and knowledge is made accessible to developing countries and implement measures to fulfill the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. All governments should provide effective mechanisms to eliminate discrimination in their health care systems and establish effective means of monitoring these systems.
355. Governments should promote and develop prevention and treatment programs for diseases and conditions that disproportionately affect vulnerable groups such as sickle cell anemia, diabetes, hypertension and other chronic diseases. These programs should be developed in conjunction with the private sector (particularly the medical technology and pharmaceutical industry) and should pay special attention to diseases and illnesses in developing countries and eliminate racism and other forms of discrimination in their health care systems. [sentence on racism of international pharmaceutical industry]
356. Governments, nongovernmental organizations, the private sector and the international community, including the World Health Organization, should routinely and systematically collect race, gender and socioeconomic class data related to health status and health care such data should not be limited to census and vital statistics but should include data on access and quality particularly service delivery, diagnosis and treatment, facility availability, provider availability and other related health activities and services. Special attention should be placed on the impact of racial discrimination and to the publication of the data, the results and the conclusion.
357. The Governments of the richest countries of the world should contribute at least $10 billion annually to the UN Global Health Fund to develop and implement comprehensive programs of prevention, treatment and community support to fight HIV/AIDS, tuberculosis, malaria and other infectious disease.
358. In order to effectively address HIV/AIDS, governments must implement a comprehensive, multi-sectoral program consisting of the mutually reinforcing components of prevention, treatment, care, community support and health infrastructure, including culturally sensitive educational programs and specific programs aimed at reducing the vulnerability of women to HIV infection which include encouraging citizens to engage in voluntary testing, and giving special attention to developing countries and vulnerable groups.
359. Governments must direct efforts to eradicate rape and all forms of sexual violence against women. 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. In addition, in coordination with women's rights and human rights groups, and other relevant members of civil society, states should design, fund and implement programmes targeted at increasing women's awareness of HIV/AIDS.
360. To ensure that young people have input in all decisions about their own health, specifically about their sexual and reproductive health, and to provide free health care services to those young people from marginalized groups.
361. Governments should provide comprehensive HIV/AIDS Mother-to-child Transmission Programs that are freely accessible to all. Such programs should involve informed consent, pre and post test counseling, treatment options, milk formula substitution, and access to support groups.
362. Governments should set up mechanisms that assure the protection of vulnerable groups who participate in research . Those mechanisms should include free and informed consent but must also include other forms that protect vulnerable groups from exploitation
INDIGENOUS PEOPLES
363. Strongly recommend the adoption of the draft U.N. Declaration on the Rights of Indigenous Peoples approved by the Subcommission on the Prevention of Discrimination and Protection of Minorities in its Resolution 1994/45. The draft O.A.S. Inter-American Declaration on the Rights of Indigenous Peoples should be pursued and adopted with the full and equal participation of Indigenous peoples, and must not contemplate lesser rights than those contained in the U.N. Declaration. States must recognize the collective rights of indigenous peoples.
364. Recommends the ratification by States of international conventions and agreements protective of Indigenous rights, and we exhort those States that have not already ratified the Convention on the Elimination of All Forms of Racial Discrimination, the Genocide Convention and ILO Convention 169 to do so. States ratifying ILO Convention 169 should, in consultation with Indigenous Peoples, seek to revise the Convention to overcome the Convention's present deficiencies.
365. Any qualification of the right of Indigenous Peoples to self-determination is racist and is contrary to the fundamental principles of international law. The proposed caveat paragraph (currently paragraph 27) of the official WCAR State Declaration is a manifestation of racism against Indigenous Peoples and should be deleted in its entirety.
366. Recommends that States examine their constitutions, law, legal systems, and policies to identify and eradicate both explicit and inherent racism towards Indigenous Peoples
367. Recommend that States eliminate laws and policies that deny or limit Indigenous land and resource rights, including rights to subsoil resources, and affirmatively recognize Indigenous Peoples as the rightful owners and managers of their lands and resources. States must take immediate and effective measures to end the devastation and contamination of Indigenous waters, lands, territories and natural resources and the dispossession and denial of access to these waters, lands, territories and natural resources.
368. Demands that States provide appropriate remedies for breaches of rights and treaties. Remedies for such breaches shall be determined with the full and equal participation and consent of the Indigenous peoples involved. Conflicts and disputes which cannot otherwise be settled should be submitted to competent international bodies.
369. Demands that all states immediately release all Indigenous political prisoners. States must also recognize Indigenous justice systems and end discrimination in State criminal and civil justice systems.
370. Calls upon States to recognize, respect and ensure mechanisms for the development of traditional medicine, and ensure accessible and effective inter-cultural health systems.
371. Urges States to commit financial resources to anti-racism education and media campaigns to promote anti-racism awareness, the values of acceptance, tolerance, diversity and respect for the cultures of all Indigenous Peoples. In particular, States should strive to promote an accurate understanding of the histories and cultures of Indigenous Peoples. States must ensure full access to inter-cultural education at all levels.
372. Urges States to penalize degrading images of Indigenous Peoples, in particular Indigenous women. States should guarantee to Indigenous Peoples access to the media and assist in the development of Indigenous media.
373. Urges States to recognize the languages of Indigenous peoples and devote resources and establish programs to ensure the survival, promotion, and continuation of such languages. States, in agreement with Indigenous peoples, should design and implement language and education policies that promote the right of Indigenous peoples to assert their cultures and languages.
374. Demands that States take immediate and effective measures to end the devastation and contamination of Indigenous waters, lands, territories and natural resources and the dispossession and denial of access to these waters, lands, territories and natural resources. Environmental racism specifically affects Indigenous Peoples' traditional means of subsistence, their cultural and spiritual practices, and their sacred and historical sites.
375. Recommends that Indigenous governments and States along with indigenous women and with their full and equal participation, develop programs to promote their civil, political, economic, social and cultural rights; to end disadvantage due to gender and race; to address urgent problems affecting them in all areas of life, including education and employment, health and disability , traditional knowledge, justice, environment and biodiversity; and to end policies of forced sterilization and the use of violence in the public and private spheres.
376. Calls upon States to end the militarization of Indigenous Peoples' lands and territories and the forced relocation of Indigenous Peoples. The grave situation of the militarization of Indigenous lands and territories, and resultant massive violation of their civil, political, economic, social, and cultural rights must end. States have a duty to restore lands already contaminated through military use.
377. In all measures to be taken by States that may affect Indigenous Peoples there must be full and effective participation of Indigenous Peoples. Consultation on an equal basis must be undertaken by the State with the Indigenous Peoples affected and such measures must not be implemented without their free and informed consent.
378. Indigenous Peoples freely express their own identity and exercise their inherent rights free from all forms of discrimination, which necessarily entails respect for their human rights and fundamental freedoms. Efforts are now being made to secure universal recognition for those rights in processes in the U.N. and the Organization of American States to elaborate declarations on the rights of Indigenous Peoples, which include the following: to denominate themselves under their own names as a collective; to participate freely and on an equal footing with a State's political, economic, social and cultural development; to maintain their own forms of organization, lifeways, cultures and traditions; to maintain and use their own languages and names; to maintain their own legal and economic structures in the areas where we live; to take part in the development of their educational and health systems and programmes; to manage and develop their lands and natural resources, including hunting, gathering and fishing rights; and to have access to justice on a basis of equality, recognizing their own forms of administration of justice.
379. Calls for a U.N. World Conference on Indigenous Peoples.
380. Recommends that the U.N. complete, in coordination with Indigenous Peoples, a comprehensive review of the International Decade of the World's Indigenous Peoples.
381. Urges States and financial and development institutions to mitigate the negative effects of globalization by examining how their polices and practices affect Indigenous Peoples, and to ensure that their policies and practices conform to human rights standards and contribute to the eradication of racism by including the participation of Indigenous Peoples in development projects in accordance with the principle of informed consent and Indigenous self-government; by democratizing international financial institutions; by developing enforceable codes of conduct for transnational corporations; and by consulting with Indigenous Peoples in any matter that may affect their physical, spiritual or cultural integrity.
382. Recommends that the U.N. effectively implement the Permanent Forum on Indigenous Peoples, respecting the processes of the Indigenous Peoples in making nominations to the Forum. This should be done in the following manner:
383. The U.N. should provide sufficient additional funding to carry out the mandate of the forum.
384. The President of ECOSOC should establish an autonomous Secretariat including Indigenous participation in the Secretariat.
385. The U.N. should provide full financial support and resources to the Special Rapporteur on Indigenous Peoples.
LABOUR
386. Racism requires systematic responses at all levels. These responses must be developed recognizing the central role of those effected by racism and the need to be measurable and monitored for impact. These responses must include the ratification and implementation of existing international norms, in particular the UN Convention on the Elimination of All Forms of Racial Discrimination and the UN Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; ILO Convention 111 and other core labour standards, C169 (Indigenous and Tribal People Convention), C143 (Migrant Workers Convention) and the Declaration of Fundamental Principles and Rights.
387. Legal Measures to combat racism and gender discrimination must also include specific attention to employment rights including pay equity and assurances that all workers have recourse to labour law protections. The burden of proof in race discrimination litigation should also lay with those accused of racism.
388. Effect improved gathering of data for the more effective policy formulation and strategic planning particularly in the field of employment, access to social provision and services including housing, education, health etc. This information and consequent policy development should be systematically shared at regional and international levels.
389. Education, both formal and informal, is one of the cornerstones of the strategies required to eliminate racism in the workplace and in society as a whole. Education strategies must include detailed and measurable plans by both governments and NGOs.
390. Governments must prioritise financial resources to ensure that anti racism education is an integrated and core part of the curriculum within schools. This should be alongside measures which should be taken to ensure that teachers are more reflective of the communities which they represent. Governments should require schools to develop comprehensive and measurable anti racist plans of action which include monitoring arrangements to identify progress.
391. Governments must prioritise financial resources, for NGOs, to support anti racism education programmes and initiatives. These programmes should include education programmes in the workplace.
392. A central part of the process of the Durban plan of action, and follow up, must be a comprehensive process of monitoring the change process. Trade unions and other NGOs must be a comprehensive process of monitoring the change process. Trade unions and other NOGOs must be an integral part of this process. Therefore mechanisms for ensuring the involvement of NGOs and, in particular, those effected by racism, must be established by governments and subject to regular reports.
393. NGOs must establish mechanisms for ensuring that the follow up to the Conference can be co-ordinated and fed through the structures established through discussion with governments.
394. Governments must prioritise resources to support NGOs in the follow up process to the Conference. The allocation of resources should prioritise the need to involve those who are directly effected by racism.
DOCUMENTED AND UNDOCUMENTED MIGRANTS, MIGRANT WORKERS, REFUGEES, ASYLUM SEEKERS, STATELESS, DISPLACED PERSONS AND MEMBERS OF THEIR FAMILIES
395. Effectively keep and use disaggregated statistics to assess the complexities of modern migration patterns.
396. Eliminate discriminatory treatment by public authorities, in particular police, other law enforcement officers, immigration officers as well as de facto immigration officials such as airport and airline employees, of persons from countries of immigration, asylum seekers and undocumented persons and to ensure that these groups are provided with necessary information and legal assistance in the event of torture, ill treatment or any kind of violence perpetrated on the basis of racism, racial discrimination, xenophobia and related intolerance.
397. Provide gender-sensitive human rights education and anti-racism training programmes for key professionals frequently in contact with immigrants and asylum seekers, including customs and immigration officials.
398. Provide education and capacity building for refugees, asylum seekers, documented and undocumented migrant workers and migrants on their rights, responsibilities, and avenues for redress.
399. Recognize the professions, qualifications, titles, and degrees of refugees, asylum seekers, and migrant workers, during the period in which they are waiting for legalisation of their status.
400. Recognize and give value to foreign-trained and foreign-educated migrants, migrant workers, refugees, and asylum seekers, stateless and internally displaced persons thereby enabling them to use and improve their skills.
Documented and Undocumented Migrants, Migrant Workers and Members of Their Families
401. Ensure the protection of economic, social, cultural, civil and political rights, including the right to free mobility and assembly, the access to social services, health care, education, political participation, including voting rights at all levels, of documented and undocumented migrants, migrant workers and members of their families and to enact and enforce legislation and policies in this respect without delay.
402. Initiate and review policies and regulations that facilitate the regularization and decriminalisation of undocumented migrants, and in the meantime ensure respect for their non-derogable human rights and freedoms, including the right to life, the right not to be tortured, the right to equal access to justice and to security, as well as to other basic rights such as, their right to education, housing, health (with due attention to persons with disabilities), living wages, employment, access to culture and the environment without fear of arbitrary detention and summary deportation.
403. Actively promote and support self-initiatives and non-governmental organizations working to organize and unionize documented and undocumented migrants and migrant workers, allocate sufficient resources, especially to women's groups, to build their capacities to more effectively address human rights violations within their community.
404. Protect the equal rights of migrant women who are particularly vulnerable to violence, including sexual and domestic violence and other forms of abuse, ensure free and full access to remedies for human rights violations and grant them their own independent status in all immigration and migration matters.
405. Recognize the particular vulnerability of migrant and refugee children, particularly unaccompanied and abandoned children, and appoint qualified guardians to children separated from their parents or otherwise unaccompanied by a responsible adult. Furthermore grant citizenship to children of migrant workers in the receiving countries.
406. Recognise that there are diverse ways to establish family relationships and grant and facilitate entry for purposes of family reunification and ensure that, once admitted, family members enjoy secure and independent residence status, including the full enjoyment of social, economic, cultural, civil and political rights.
407. Develop and implement effective gender-sensitive measures and programmes to ensure that the human rights of foreign domestic workers are protected from any form of discrimination, violence, physical and sexual abuse the rights in respect to their trade-unions, professional and technical associations, as well as the rights to fair remuneration are guaranteed and implemented, including to right to redress mechanisms for these rights.
Establish policies that will hold sending and receiving country governments accountable while also enabling them to monitor the activities of non-state agencies such as private recruitment agencies and syndicates.
Refugees, Asylum Seekers, Stateless and Displaced Persons
408. Develop programmes and measures for refugees and asylum seekers, with particular attention to women, children, persons with disability and the elderly, that adhere to and are guided by the right of everyone to seek and enjoy in other countries asylum from persecution' as enshrined in the Universal Declaration of Human Rights, and ensure the implementation of national legislation and policies in relation to refugees and asylum seekers be based on a full and inclusive application of the 1951 Convention and its 1967 Optional Protocol relating to the Status of Refugees in light of its object and purpose, in particular the Convention's Article 3 on non-discrimination and the full respect of the principle of 'non-refoulement', as well as all relevant regional Conventions on the protection of human rights.
409. Implement the United Nations Guidelines for Internal Displacement and ensure that national governments, in collaboration with international governmental and non-governmental agencies provide adequate statistics on internally displaced persons.
410. Review current national legislation and measures and refrain from introducing any further measures which may be contrary to the spirit of the 1951 Convention and its 1967 Protocol and can prevent refugees from accessing protection such as visa regimes, restrictive interpretation of the Convention, posting of screening officers in countries of origins and airports, detention of asylum seekers, carriers' sanctions, readmission and involuntary repatriation practices, and 'safe third country' practices.
411. Ensure that legislation and policies take due account of and abide by the legal interpretations, policy directives, guidelines and recommendations of the United Nations High Commissioner for Refugees (UNHCR) and recognize the role of this body as guarantor of the correct application of the 1951 Convention.
412. Acknowledge that persecution motivated by racism, racial discrimination and ethnicity can include the specific targeting of women and recognize this as a basis for granting asylum and eliminate limitations on the right of women to transmit their nationality to their children, on an equal basis with men.
413. Respect and implement the economic, social, cultural, civil and political rights of refugees, asylum seekers and internally displaced persons.
414. Ensure that children of refugees, asylum seekers and internally displaced persons are immediately registered at birth, to suppress instances of statelessness and ulterior related discrimination.
415. Take immediate measures to correct the systemic and structural imbalances in burden sharing, resource allocation and sharing of responsibilities in hosting and giving assistance to refugees in all parts of the world.
416. Terminate the covert and overt discriminatory practices undergirding the imbalanced response to humanitarian assistance in the various world regions, and between refugee groups, with due respect to the specific needs of refugees in refugee camps, shelters or other housing facilities while providing for their integration or volunteer resettlement to the country of origin and also enabling them to reach their families in other countries of arrival while they are waiting for recognition of their refugee status.
PALESTINIANS AND PALESTINE
417. Call for the immediate enforcement of international humanitarian law, specifically the Fourth Geneva Convention 1949, in the Occupied Palestinian Territories through the adoption of all measures to ensure its enforcement including all measures employed against the South African Apartheid regime. Call for the immediate convening of the High Contracting Parties to implement this process in fulfillment of their obligation to ensure respect for the Convention in all circumstances. Also call for the immediate deployment of an independent, effective international protection force for Palestinian civilians and the dismantlement of the illegal Jewish Israeli colonies (settlements) and a complete withdrawal of the colonial military occupation.
418. Call upon the United Nations to ensure the implementation of the various UN resolutions on the Occupied Palestinian Territories including the withdrawal of the Israeli colonial military occupation (of the Gaza Strip and the West Bank, including Jerusalem), the right of return for refugees, and for the protection for refugees of the UN High Commission for Refugees until such time as they may be able to exercise their right to return and in accordance with UN resolution 194. Also call for the reinstitution of UN resolution 3379 determining the practices of Zionism as racist practices which propagate the racial domination of one group over another through the implementation of all measures designed to drive out other indigenous groups, including through colonial expansionism in the Occupied Palestinian Territories (in the Gaza Strip, the West Bank, including Jerusalem), and through the application of discriminatory laws of return and citizenship, to obliterate their national identity and to maintain the exclusive nature of the State of Israel as a Jewish state to the exclusion of all other groups. Also call for the repeal of all discriminatory laws within the state of Israel, including those of return and citizenship, which are part of the institutionalized racism and Apartheid regime in Israel.
419. Call for the establishment of a war crimes tribunal to investigate and bring to justice those who may be guilty of war crimes, acts of genocide and ethnic cleansing and the crime of Apartheid which amount to crimes against humanity that have been or continue to be perpetrated in Israel and the Occupied Palestinian Territories.
420. Call for an increased awareness of the root causes of the Israel's belligerent occupation and systematic human rights violations as a racist, apartheid system, through relevant UN agencies working closely with international civil society networks to widely disseminate information including educational packs for schools and universities, films and publications.
421. Call for the establishment of a UN Special Committee on Apartheid and Other Racist Crimes Against Humanity perpetrated by the Israeli Apartheid regime to monitor and to report Apartheid and other racist crimes, and to recommend the implementation of measures to combat Apartheid and other racist crimes.
422. Call for the establishment of programmes and institutions to combat the racist media distortion, stereotyping and propaganda, including the demonizing and dehumanizing of Palestinians as all being violent and terrorists, and undeserving of human rights protections. Call for the correction of misleading information surrounding their status as indigenous peoples, the history of the violations perpetrated against them, and the on-going distortion of the facts and nature of the peace negotiations.
423. Call for the launch of an international anti Israeli Apartheid movement as implemented against South African Apartheid through a global solidarity campaign network of international civil society, UN bodies and agencies, business communities and to end the conspiracy of silence among states, particularly the European Union and the United States.
424. Call upon the international community to impose a policy of complete and total isolation of Israel as an apartheid state as in the case of South Africa which means the imposition of mandatory and comprehensive sanctions and embargoes, the full cessation of all links (diplomatic, economic, social, aid, military cooperation and training) between all states and Israel. Call upon the Government of South Africa to take the lead in this policy of isolation, bearing in mind its own historical success in countering the undermining policy of “constructive engagement” with its own past Apartheid regime.
425. Condemnation of those states who are supporting, aiding and abetting the Israeli Apartheid state and its perpetration of racist crimes against humanity including ethnic cleansing, acts of genocide.
TIBET
We call on all states to exert pressure on the Chinese government to open negotiations with the Tibetan government in exile, headed by His Holiness the Fourteenth Dalai Lama, in order to find a mutually acceptable and lasting solution to the situation in Tibet.
We also call for the implementation of the UN General Assembly resolutions on Tibet passed in 1959, 1961 and 1965, affirming the right to self-determination of the Tibetan peoples and for the creation of mechanisms to resolve the foreign occupation of Tibet.
We call upon all States and governments to urge the Chinese government to begin the process of compensating the Tibetan peoples, for the destruction of their religious sites, religion, culture and environment over the past five decades. This process should include compensation for the loss of Tibetan natural resources, taking the form of timber, wildlife products, mineral resources and Tibetan artifacts.
The curtailment of religious freedom through severe restrictions and systematic attack on their religious institutions has resulted in the 'religious cleansing' of the Tibetan peoples.
RELIGIOUS INTOLERANCE
426. Welcome the initiative of the UN Secretary General in convening the Millenium Peace Summit for World Spiritual and Religious Leaders in celebration of the 20th anniversary of the UN Declaration on the Elimination of All Forms of Intolerance Based on Religion or Belief and looking forward to its full implementation by all States.
427. Religious intolerance has often exacerbated systemic discrimination and racism resulting in racial violence and intersectional systems of oppression based on, but not limited to, gender, gender identity, sexual orientation, class and economic status, HIV/AIDS and health related issues and abilities;
428. All States should guarantee the right to freedom of expression, thought, conscience, religion and belief without any distinction, exclusion or restriction or preference and that States are obliged to 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.
429. All States are encouraged to adopt legislation, policies and measures that fulfill the requirements of N human rights instruments concerning freedom of religion or belief and to employ effective mechanisms that ensure their implementation and review national legislation that is discriminatory to religious minorities.
430. All States are encouraged to fully cooperate with the competent UN mechanisms in this field and particularly to extend an open invitation to the UN Special Rapporteur on Religious Intolerance and to provide the Special Rapporteur with their full support, cooperation including access to minority religious communities and individuals.
431. The UN Commission on Human Rights is to be requested to establish a monitoring unit on religious intolerance within the Office of the High Commissioner for Human Rights and in cooperation with the Special Rapporteur on Religious Intolerance and that such a unit is to be adequately staffed and funded.
432. All States should take effective measures against politicization of religious institutions as well as other areas of social and economic life, as this may lead to marginalizing dissenting religious communities and individuals, and they should particularly ensure that women's basic human rights are not denied or in any way limited by the use of religion or belief.
433. All States are called upon to refrain from the perpetration of religion-based intolerance and discrimination, including when linked to race, through a systematic stereotyping of religious minorities in the media, educational curricula and textbooks leading to their further marginalization and distortions.
434. Religious communities and leaders are called upon to play a positive role in bringing spiritual and ethical insights and a commitment to education to effect and promote reconciliation, healing and liberation to address historical and present day inequalities and discrimination;
ROMA PEOPLE
435. We urge the United Nations to elaborate and propose for adoption to its members states legally binding instruments on the Roma rights, such as an International Charter on Roma Rights, in order to protect and guarantee the collective rights of the Roma people.
436. We urge the United Nations to provide adequate Roma representation in relevant internaoitnal and intergovernmental organizations by receiving seats in the United Nations as elected representatives of the Roma, on equal footing with the other nations of the world.
437. We recommend the United Nations and other regional bodies to provide for adequate Roma representation in relevant international, regional and intergovernmental organizations by receiving seats in the United Nations as elected representatives of the Roma.
438. We call upon governments to review, adopt, strengthen and enforce national legislation prohibiting racial discrimination against Roma as well as to adopt and implement affirmative action policies for Roma in employment, education, housing, social security and healthcare services, in order to protect the members of these communities and to prevent and punish such practices. Furthermore, appropriate monitoring bodies, with a local network, need to be established to ensure that governments fullfil their human rights obligations.
439. We recommend States to include the issue of combating racial discrimination against Roma as one of the major topics in bilateral and multilateral treaties.
440. We urge the United Nations, Council of Europe, and the Organisation of American States to establish under thier jurisdiction, a Permanent Roma Forum, as a body of elected representatives, which shall monitor and report on the Roma situation in the world and on the implementation of international standards addressing the Roma issue.
441. We welcome the CERD General Recommendation XXVII _Discrimination on Roma” and urge governments to implement these recommenations.
442. We urge governments to ensure the institutional development and full participation to central and local administration, to ensure the right to free movement of the Roma, to support the preservation and development of the Roma cultural identity, and to provide adequate camping places with all necesary facilities for those Roma who preserve the nomadic life-style.
443. We urge Governments to take concrete measures and support the full development of the Roma children and youth positive self-esteem, the deconstruction of their internalized stigma and the Roma identity awareness, by establishing identity assertive education institutions and by promoting the Roma history, Romani as teaching language and ethnic assertion education programs in the mainstream school.
444. We call upon States to provide the Roma children with equal access to quality education by the desegregation of the schooling system, by enabling Roma parents to take part to school processes and decision; by training and employing Roma teachers and school mediators; and by the development of a more sensitive, inclusive and flexible education systems and school curricula, including non-formal education and distance education, internet classes in places for encampment.
445. We urge governments to fully support the intercultural education, including the provision of adequate funding, for the inclusion of the Roma history in text books and school curricula.
446. We strongly urge governments to draw lessons from history, to acknowledge and publicly condemn the Roma slavery and the German Holocaust against Roma during the Second World War, and we also call upon States which are responsible of these crimes against humanity to fully assume their responsibility, to provide public appology and prompt, adequate and fair reparation and compensation to Roma communities and individuals who were victims of such policies and practices.
447. We urge the United Nations to use its influence to immediately stop the Germany policy of Roma deportation to Former Yugoslavia, a region of ethnic cleansing and war.
448. We urge States and inter-governamental bodies to immediately call upon the involved forces to stop the genocide and the ethnic cleansing against Roma in countries where it takes place. Beginning in 1999, Roma were ethnically cleanesed from Kosovo by ethnic Albanians. Kosovo is the worst catastrophy for Roma since the Holocaust.
TRAVELLERS
States and Governments should pay particular attention to and adopt immediate and concrete measures to eradicate the widespread discrimination and persecution targeting Travellers including through the establishment of structures and processes, in partnership between the public authorities and representatives of the Traveller Communities.
SEXUAL ORIENTATION
449. Revise existing human rights instruments and ensure the explicit incorporation of the respect for, protection, promotion, and fulfillment of self-determined sexual orientation and gender identity; and take immediate steps to implement all four core responsibilities incumbent on all governments with regard to human rights, both civil and political rights, and economic, social, and cultural rights: to respect these rights, that is not to violate them directly; to protect these rights, that is to ensure that they are not violated by other parties; to promote tolerance and awareness of these rights; and to fulfill these rights, that is to ensure that all persons have the conditions and resources to enjoy these rights freely, fully, and equally.
450. Develop an International Reparations Instrument in accordance with universally recognised human rights norms, whereby all groups and individuals, regardless of race, gender, sexual orientation, gender identity, age, religion, culture, language, disability, economic status, political opinion or national origin who have fallen victim of human rights violations, and in particular discrimination, have the right to reparation.
451. Enact in their Constitutions, clauses guaranteeing non-discrimination and the enjoyment of all individual and collective rights by all persons regardless or race, age, gender, sex, gender identity, sex, ethnic or social origin, sexual orientation, disability, religion, conscience, belief, culture, language and birth.
452. Anti-discrimination policies should be based on the principle of mainstreaming the issue of combating unfair discrimination by including into all stages of decision-making:
453. Extend and strengthen programmes on the prevention of HIV/AIDS, including educational programmes that are sensitive to diversity of genders, sexual orientation, and cultures.
454. Pursue educational policies that include cultural, racial and sexual diversity; and that recover the historical contribution of women in the development of their peoples, communities and nations.
455. Revise ILO Convention 111 to include sexual orientation as a ground protected from discrimination.
456. Convene a UN World Conference on discrimination based on sexual orientation and gender identity.
457. Draft a declaration for the elimination of all forms of discrimination based on sexual orientation and gender identity.
458. Repeal those laws that criminalize consensual same-sex relations.
459. Be created and operated with the participation and representation of all affected populations and peoples.
460. All States develop immigration laws and policies that recognize and protect refugees and asylum seekers who are fleeing persecution on the basis of their gender, gender identity, or sexual orientation.
TRAFFICKING
461. We call on governments to address their accountability in the growth of sex tourism and to take measures to prevent trafficking in persons and sexual exploitation, and to promote and ensure effective legal remedies.
462. We call on governments to recognize the long-term psychological harms of trafficking and channel resources for the support of victims including counselling, education, health, shelter, voluntary repatriation/resident status and live hold.
463. We call on all states and governments to address the different treatment of trafficked persons, especially women and children of marginalized groups, in terms of protection, recognizing that trafficked persons experience multiple discrimination.
464. We call on all states and governments to ratify and implement all international and regional instruments relevant to trafficking in persons, and enact and implement national legislation, making consent of victims irrelevant, targeting and prosecuting all actors who profit and gain from trafficking to prostitution, including buyers.
465. We call on all states and governments to recognize the accountability of military forces in trafficking, particularly in the U.S. bases and the U.N. peacekeeping forces.
466. We call on all states to establish policies to limit and monitor the activities of non-states agencies such as recruitment agencies.
467. Implement policies and the necessary legislation prohibiting trafficking of persons. These policies should:
YOUNG PEOPLE, CHILDREN AND THE GIRL CHILD
468. We call on all states and governments to introduce compulsory anti-racism content with an intersectional analysis in the school curriculum and orientate teachers to promote anti-racism and self and mutual respect amongst all race and ethnic groups. Furthermore, to consult and allow children, young people, their caretakers and their families to participate in and influence the ongoing racial equality aspects of teacher training so as to promote public awareness, embracing and promoting cultural diversity and respect for human rights.
469. We call on all states and governments to improve reporting at the national level on racial and caste discrimination and its effects on children and young people, by actively collecting detail disaggregated and gendered statistical data on issues that affect children and young people. States should also support the involvement of children and young people in such a process. In addition, states should encourage national and international human rights institutions and NGOs to do the same and make such information available (and place greater emphasis on children and young people) in reports to CERD and other relevant treaty bodies.
We call on all states to ratify the Additional Protocol to the Convention on the Rights of the Child (CRC) which prohibits the enrolment of children under the age of 18 into the armed forces and for all states and the UN to ensure its enforcement.
470. Urge governments to allow children, adolescents and youth to be conscientious objectors as a right to voluntary participation in any category of the military field, without risking loss of citizenship rights or social, penal or military coercion.
471. Utilising existing structures, such as the UN Youth unit, to create effective new and existing networks that encourage, develop and sustain the talents of all children and young people. The States should ensure that young people are greatly supported in participating in the development and implementation of the five year review of the WCAR and will be encouraged, resourced and supported to contribute to the elimination of racism, racial discrimination, xenophobia and related intolerance, both at international and domestic levels, emphasizing the value of children's and young peoples' experience and encouraging exchange programs that allow all children and young people to work with their peers from all over the world, in order to enhance international bonds of solidarity.
472. Urge States, governments and communities to implement the recommendations of the regional seminar of experts on Racial and ethnic conflict prevention in Africa, held in Addis Abbaba in October 2000, with particular attention to the implementation of the rights of the girl child to live within the family, to grow in good health, to access health services, to be provided quality education and play an active role within the community.
473. Urge all states and governments to develop a gendered approach in school curricula, which include references on the specificity of the girl child.