GE.09-12718 (E) 060409
UNITED
NATIONS A
General Assembly Distr.
GENERAL
A/CONF.211/PC/WG.2/2
3 April 2009
Original: ENGLISH
DURBAN REVIEW CONFERENCE
Preparatory Committee
Intersessional open-ended intergovernmental working group
to continue and finalize the process of negotiations on and
drafting of the outcome document
Second session
Geneva, 6-9 April 2009
Agenda item 5
IMPLEMENTATION OF THE MANDATE OF THE WORKING GROUP AS
CONTAINED IN PREPARATORY COMMITTEE DECISION PC.3/108 OF
17 OCTOBER 2008 ENTITLED “CONTINUATION OF THE PREPARATORY
PROCESS FOR THE DURBAN REVIEW CONFERENCE”
Note by the Secretary-General*
The present document contains, in the annex, the shortened and streamlined rolling text
prepared by the Chairperson-Rapporteur of the intersessional open-ended intergovernmental
working group mandated to continue and finalize the process of negotiations on and drafting of
the outcome document of the Durban Review Conference.
* Late submission.
A/CONF.211/PC/WG.2/2
page 2
Annex
SECTION 1
Review of progress and assessment of implementation of the Durban Declaration
and Programme of Action by all stakeholders at the national, regional and
international levels, including the assessment of contemporary manifestations
of racism, racial discrimination, xenophobia and related intolerance
A. Sources, causes, forms, and contemporary manifestations of racism,
racial discrimination, xenophobia and related intolerance
1. Reaffirms the Durban Declaration and Programme of Action, as it was adopted at the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
in 2001;[*]
2. Welcomes the efforts undertaken at all levels since the adoption of the Durban
Declaration and Programme of Action to implement its provisions;
3. Expresses concern that the obstacles identified in the Durban Declaration and
Programme of Action remain to be overcome in order to eradicate, prevent and combat
effectively racism, racial discrimination, xenophobia and related intolerance and that there are
still many areas where achievements have not been gained or further improvements have to be
attained;
4. Emphasizes the need to continue addressing with even more resolve all forms and
manifestations of racism, racial discrimination, xenophobia and related intolerance in all parts of
the world and in all spheres of life;
5. Reaffirms that all peoples and individuals constitute one human family, rich in
diversity, and that all human beings are born free and equal in dignity and rights; and strongly
rejects any doctrine of racial superiority along with theories which attempt to determine the
existence of so-called distinct human races;[*]
[*] Adopted ad referendum during the first session of the intersessional open-ended
intergovernmental working group (ISWG) to continue and finalize the process of negotiations on
and drafting for the outcome document, 19-23 January 2009;
[**] Adopted ad referendum during the informal open-ended consultations convened by the
Chairperson-Rapporteur of the ISWG, 16-19 and 26 February 2009;
[***] Adopted ad referendum during the first session of the ISWG or during the informal
open-ended consultations, and subsequently revised by the Chairperson-Rapporteur of the
ISWG.
A/CONF.211/PC/WG.2/2
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6. Reiterates that poverty, underdevelopment, marginalization, social exclusion and
economic disparities are closely associated with racism, racial discrimination, xenophobia and
related intolerance and contribute to the persistence of racist attitudes and practices which in turn
generate more poverty;
7. Reaffirms the responsibility of Governments for safeguarding and protecting the
rights of individuals within their jurisdiction against crimes perpetrated by racist or xenophobic
individuals or groups or agents of the State;[*]
8. Condemns legislation and practices based on racism, racial discrimination,
xenophobia and related intolerance as incompatible with democracy and transparent and
accountable governance;
9. Reaffirms that democracy and transparent, responsible, accountable and participatory
governance at the national, regional and international level, responsive to the needs and
aspirations of the people, are essential to effectively prevent, combat and eradicate racism, racial
discrimination, xenophobia and related intolerance;
10. Recognizes with deep concern the negative stereotyping of religions and the global
rise in the number of incidents of racial or religious intolerance and violence, including
Islamophobia, anti-Semitism, Christianophobia and anti-Arabism;
11. Reaffirms that any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law, as well as the
dissemination of ideas based on racial superiority and hatred and acts of violence and incitement
to such acts, and that these prohibitions are consistent with freedom of opinion and expression;
12. Recognizes that racism, racial discrimination, xenophobia and related intolerance are
still among the root causes of armed conflict and very often one of its consequences and deplores
the occurrences of armed conflicts as well as ethnic or religious violence, and notes, in this
respect, paragraphs 138 and 139 of the 2005 World Summit outcome;
13. Reaffirms that the principles of equality and non-discrimination are fundamental
principles of international human rights law and international humanitarian law that are essential
in the fight against racism, racial discrimination, xenophobia and related intolerance;
B. Victims of racism, racial discrimination, xenophobia and related intolerance
14. Acknowledges that there should be no hierarchy among potential victims of racism,
racial discrimination, xenophobia and related intolerance and that all victims should receive the
same attention, the necessary protection and accordingly appropriate treatment;
15. Expresses its appreciation for progress made in addressing the situation of the
victims of racism, racial discrimination, xenophobia and related intolerance identified in the
Durban Declaration and Programme of Action, while regretting that racism, racial
discrimination, xenophobia and related intolerance still persist;
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C. Measures of prevention, education and protection aimed at the
eradication of racism, racial discrimination, xenophobia and
related intolerance at all levels
16. Recognizes that prevention, combating and eradication of racism, racial
discrimination, xenophobia and related intolerance are of crucial importance and key elements
for the promotion of cohesion and peaceful resolution of community tensions;[**]
17. Stresses the need to increase appropriate preventive measures to eliminate all forms
of racial discrimination, and emphasizes the important role that Governments, international and
regional organizations, national human rights institutions, the media, non-governmental
organizations and civil society can play in developing such measures and in building
confidence;[***]
18. Notes with appreciation the activities in some countries of independent information
networks on racism, racial discrimination, xenophobia and related intolerance which collect
relevant information and develop strategies to combat these phenomena, while also highlighting
and disseminating good practices which could assist national bodies and institutions in the
development of strategies to combat and eradicate these phenomena;[***]
19. Welcomes preventive initiatives to tackle discrimination in employment such as,
inter alia, programmes for training and counselling of excluded persons belonging to a minority
to help them in the labour market, programmes for employers to combat discrimination or to
raise cultural awareness, some examples of mentoring and of positive action in recruitment, and
some further experiments with contract compliance and anonymous job applications;[**]
20. Recognizes steps taken at national level to promote human rights education in all
parts of the world after the adoption in 2001 of the Durban Declaration and Programme of
Action, particularly in order to sensitize the public at large with regard to the cultural
diversity;
21. Notes with appreciation the increasing number of initiatives to promote intercultural
dialogue and affirms the need to intensify engagement between all interested parties in a
constructive and genuine dialogue rooted in mutual respect and understanding with a view to
overcoming existing gaps in perceptions, concepts and ideas;[**]
22. Welcomes the numerous awareness-raising activities involving States, in order to
promote and disseminate the values and practices underlying the fight against discrimination,
including through financial support for the projects of civil society;[**]
23. Notes with concern the precarious situation of human rights defenders and
non-governmental organizations, including anti-racist non-governmental organizations, which
undermines the struggle against racism, racial discrimination, xenophobia and related
intolerance;[**]
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D. Provision of effective remedies, recourse, redress and
compensatory and other measures at all levels
24. Welcomes the adoption of legislation, at the national and regional levels, to address
discrimination and victimization in employment and training, the provision of goods, facilities
and services, education, housing and public functions;[**]
25. Recalls the importance of a competent, independent and impartial judiciary to
determine in a fair and public procedure whether acts of racism, racial discrimination,
xenophobia and related intolerance are prohibited by international human rights law in order to
ensure effective remedies and adequate redress for the victims;[***]
E. Strategies to achieve full and effective equality, including international
cooperation and enhancement of the United Nations and other
international mechanisms in combating racism, racial discrimination,
xenophobia and related intolerance
26. Reaffirms its call upon States to diligently apply all commitments resulting from
international and regional conferences in which they participated, and to formulate national
policies and action plans to combat racism, racial discrimination, xenophobia and related
intolerance;
SECTION 2
Assessment of the effectiveness of the existing Durban follow-up mechanisms
and other United Nations mechanisms dealing with the issue of racism, racial
discrimination, xenophobia and related intolerance, in order to enhance them
27. Takes note with appreciation of the efforts to prevent, combat and eradicate racism,
racial discrimination, xenophobia and related intolerance, undertaken by all mechanisms
established following the request of the World Conference against Racism, namely the
Intergovernmental Working Group on the effective implementation of the Durban Declaration
and Programme of Action, the Working Group of Experts on People of African Descent and the
Independent Eminent Experts Group, and of the contributions they have made to implement the
Declaration and Programme of Action;
28. Welcomes the important role played by the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance, and all other relevant
special procedures and mechanisms in the fight against racism, racial discrimination, xenophobia
and related intolerance and calls on States to cooperate fully with these mechanisms;
29. Acknowledges the need to enhance further the effectiveness of the mechanisms
dealing with or addressing racism, racial discrimination, xenophobia and related intolerance,
with a view to achieving better synergy, coordination, coherence and complementarity in their
work;
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30. Takes note with appreciation that the Ad Hoc Committee on the Elaboration of
International Complementary Standards convened its first session and agreed upon a road map,
with a view to achieving full implementation of paragraph 199 of the Durban Programme of
Action;
31. Reaffirms its support for the mandate of the Special Adviser of the Secretary-General
on the Prevention of Genocide, who acts, inter alia, as an early-warning mechanism to prevent
potential situations that could result in genocide;
SECTION 3
Promotion of the universal ratification and implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination and proper
consideration of the recommendations of the Committee on the Elimination of
Racial Discrimination
General
32. Reaffirms that the International Convention on the Elimination of All Forms of
Racial Discrimination is the principal international instrument to prevent, combat and eradicate
racism, racial discrimination, xenophobia and related intolerance, including their contemporary
forms;
33. Affirms that full implementation of the Convention is fundamental for the global
fight against racism and racial discrimination;
34. Welcomes the interpretation given by the Committee on the Elimination of Racial
Discrimination to the definition of the concept of racial discrimination as contained in the
Convention, so as to address multiple or aggravated forms of discrimination;
Ratification
35. Welcomes the ratification of the International Convention on the Elimination of All
Forms of Racial Discrimination by a number of countries since the 2001 World Conference,
while regretting that the goal of universal ratification by 2005 was not achieved;[***]
36. Renews in this context its call to States that have not yet done so to ratify or to
accede to the Convention as a matter of high priority;
37. Reiterates its call to States parties to the Convention to consider making the
declaration under its article 14 to enable victims to resort to the envisaged remedy, and requests
States parties that made the declaration under article 14 to increase awareness of this procedure
so as to fully exploit its potential;[*]
38. Urges States parties to the Convention to withdraw reservations contrary to the
object and purpose of the Convention and to consider withdrawing other reservations;
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Reporting
39. Expresses its concern at the delays in the submission of reports by the States parties
to the Committee on the Elimination of Racial Discrimination, which hinder the effective
implementation of the Convention and hamper the Committee’s operation and monitoring
function, and reiterates that timely submission of reports by States parties is an obligation under
article 9 of the Convention, and urges States parties to comply with their reporting
obligations;[***]
40. Encourages the States parties to include in their periodic reports information on
action plans or other measures to implement the Durban Declaration and Programme of
Action;[*]
41. Acknowledges that the reporting process should encourage and facilitate, at the
national level, public scrutiny of government policies and constructive engagement with relevant
civil society actors, conducted in a spirit of cooperation and mutual respect, with the aim of
advancing the enjoyment by all of the rights protected by the Convention, and in this context
encourages States parties to engage with civil society while preparing their periodic reports and
their follow-up;[***]
42. Encourages non-governmental organizations to continue to provide the Committee
with relevant information for the reporting process;[*]
Implementation
43. Notes with appreciation the country visits, the early-warning and urgent-action
procedure, as well as the follow-up procedure established by the Committee on the Elimination
of Racial Discrimination, which, applied in cooperation with States concerned, can play a
conducive role for a proper implementation of the Convention;[*]
44. Emphasizes the importance of setting up effective national monitoring and
evaluation mechanisms to ensure that all appropriate steps are taken to follow up on the
concluding observations and general recommendations of the Committee;[*]
45. Emphasizes, while acknowledging the primary responsibility of States to implement
their obligations under the Convention, that international cooperation and technical assistance
play an important role in assisting countries with the implementation of their obligations under it
and in the follow-up to the recommendations of the Committee, and calls on the Office of the
High Commissioner for Human Rights (OHCHR) to provide, upon request, timely assistance to
countries which have capacity and other constraints;[*]
46. Stresses the importance of and invites States parties to ratify the amendment to its
article 8, on the financing of the Convention, and requests that sufficient additional resources be
allocated for that purpose from the regular budget of the United Nations, so that the Committee
may discharge its mandate fully;
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SECTION 4
Identification and sharing of best practices achieved at the national, regional
and international levels in the fight against racism, racial discrimination,
xenophobia and related intolerance
47. Takes note with interest of examples of best practices at all levels provided by
Governments, regional and international organizations and other stakeholders, including,
inter alia, institutions, provisions and legislation to prevent, combat and eradicate racism, racial
discrimination, xenophobia and related intolerance;[*]
48. Recognizes that a broad sharing of best practices in all regions of the world, aimed at
preventing, combating and eradicating racism, racial discrimination, xenophobia and related
intolerance, can assist Governments, Parliaments, the judiciary, social partners and civil society
with the effective implementation of the provisions of the Durban Declaration and Programme of
Action, when considered appropriate to adapt or replicate best practices, including international
cooperation;[*]
49. Recommends that examples of best practices provided for by Governments, regional
and international organizations and other stakeholders be placed on the website of OHCHR and
linked to the section on the outcome of the Durban Review Conference, with a view to their
adaptation and replication, and recommends that the website be duly and in a timely manner
updated by OHCHR;[***]
SECTION 5
Identification of further concrete measures and initiatives at all levels for combating
and eliminating all manifestations of racism, racial discrimination, xenophobia and
related intolerance, in order to foster the implementation of the Durban Declaration
and Programme of Action and to address challenges and impediments hereto,
including in light of developments since its adoption in 2001
General
50. Stresses the need for a comprehensive and universal approach to preventing,
combating and eradicating racism, racial discrimination, xenophobia and related intolerance in
all parts of the world;[*]
51. Stresses the need for advocating and mobilizing the political will of relevant actors at
all levels to eliminate racism, racial discrimination, xenophobia and related intolerance;[***]
52. Calls on States to undertake effective media campaigns to enhance the struggle
against all manifestations of racism, racial discrimination, xenophobia and related intolerance,
inter alia, by disseminating and giving adequate visibility to the Durban Declaration and
Programme of Action and its follow-up mechanisms;[***]
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Action at the national level
53. Calls on States to take effective, tangible and comprehensive measures to prevent,
combat and eradicate all forms and manifestations of racism, racial discrimination, xenophobia
and related intolerance as a matter of priority;
54. Calls on States to combat impunity for acts of racism, racial discrimination,
xenophobia and related intolerance, to secure expeditious access to justice and to provide fair
and adequate redress for victims;
55. Reaffirms the positive role that the exercise of the right to freedom of opinion and
expression, as well as the full respect for the freedom to seek, receive and impart information can
play in combating racism, racial discrimination, xenophobia and related intolerance;
56. Stresses that the right to freedom of opinion and expression constitutes one of the
essential foundations of a democratic, pluralistic society, since it ensures access to a multitude of
ideas and views;
57. Invites Governments and their law enforcement agencies to collect reliable
information on hate crimes in order to strengthen their efforts to combat racism, racial
discrimination, xenophobia and related intolerance;[*]
58. Urges States to punish violent, racist and xenophobic activities by groups that are
based on neo-Nazi, neo-Fascist and other violent national ideologies;
59. Reiterates its call on developed States, the United Nations and its specialized
agencies, as well as international financial institutions, to honour the commitments contained in
paragraphs 157, 158 and 159 of the Durban Declaration and Programme of Action;
60. Welcomes actions undertaken to honour the memory of the victims of slavery and the
slave trades, in particular the transatlantic slave trade, apartheid, colonialism and genocide;
61. Notes actions of those countries that have, in the context of these past tragedies,
expressed remorse, offered apologies, and/or restituted cultural artefacts since the adoption of the
Durban Declaration and Programme of Action, and calls on those who have not yet contributed
to restoring the dignity of the victims to find appropriate ways to do so;
62. Urges States to implement General Assembly resolutions 61/19 and 62/122 on the
transatlantic slave trade;
63. Urges States to combat impunity for crimes of genocide in accordance with
international law, and in this context urges States to cooperate fully with international criminal
tribunals;
64. Recalls that the Holocaust must never be forgotten, and in this context urges all
Member States to implement General Assembly resolutions 60/7 and 61/255;
65. Calls upon States to ensure that any measures taken in the fight against terrorism are
implemented in full respect of all human rights, in particular the principle of non-discrimination;
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66. Expresses its concern over the rise in recent years of acts of incitement to hatred,
which have targeted and severely affected racial and religious communities and persons
belonging to racial and religious minorities, whether involving the use of print, audio-visual or
electronic media or any other means, and emanating from a variety of sources;
67. Resolves to fully and effectively enact and implement the prohibition of advocacy of
national, racial, or religious hatred that constitutes incitement to discrimination, hostility or
violence through all necessary legislative, policy and judicial measures;
68. Urges States to bolster measures to eliminate the barriers and to broaden access to
opportunities for greater and more meaningful participation by people of African and Asian
descent, indigenous peoples and persons belonging to national or ethnic, religious and linguistic
minorities in the political, economic, social and cultural spheres of society, and to grant special
attention to the situation of women, in particular their practical incorporation into the labour
market and into income and employment-generation programmes;
69. Urges States to adopt a social and human rights perspective when tackling the
violence experienced by indigenous youth and youth of African descent, particularly in the
peri-urban areas of major cities, and to focus on strengthening social capital, granting assistance
to, and building the capacity of indigenous youth and youth of African descent;
70. Urges States to direct their affirmative or positive actions, strategies and measures,
as well as new investments in health care, public health, education, electricity, drinking water
and environmental control, to communities of African descent and indigenous peoples;
71. Welcomes the adoption of the United Nations Declaration on the Rights of
Indigenous Peoples, which has a positive impact on the protection of victims and, in this context,
urges States to take all necessary measures to implement the rights of indigenous peoples in
accordance with international human rights instruments and without discrimination;
72. Welcomes the entry into force of the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families and urges States to step up
efforts to protect the human rights of all migrants regardless of their immigration status;
73. Urges States to prevent manifestations of racism, racial discrimination, xenophobia
and related intolerance at country border entry areas, in particular vis-à-vis immigrants, refugees
and asylum-seekers, and in this context encourages States to formulate and implement training
programmes for law enforcement, immigration and border officials, prosecutors and service
providers, with a view to sensitizing them to racism, racial discrimination, xenophobia and
related intolerance;
74. Urges States to take measures to combat the persistence of xenophobic attitudes
towards and negative stereotyping of non-citizens, including by politicians, law enforcement and
immigration officials and in the media, that have led to xenophobic violence, killings and the
targeting of migrants, refugees and asylum-seekers;[***]
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75. Urges States to adopt a comprehensive and balanced approach to migration,
including by strengthening the international dialogue on migration, by developing real
partnerships between countries of origin, transit and destination, and by exploring all possible
synergies between the management of migration and the promotion of development;
76. Renews the call on all States to review and, if necessary, to revise immigration
policies inconsistent with international human rights obligations, with a view to eliminating all
discriminatory policies and practices;
77. Urges States that have not yet done so to adopt and enforce new legislation to protect
migrant domestic workers, regardless of their immigration status, in particular women, and to
grant migrant workers in domestic service access to transparent mechanisms for bringing
complaints against employers, while stressing that such instruments should not punish migrant
workers, and calls on States to promptly investigate and punish all abuses, including
ill-treatment;
78. Reiterates that the national, regional and international response and policies,
including financial assistance, towards refugee and internal displacement situations in different
parts of the world, should not be guided by any form of discrimination prohibited by
international law and urges the international community to take concrete action to meet the
protection and assistance needs of refugees, and to contribute generously to projects and
programmes aimed at alleviating their plight and finding durable solutions;
79. Urges States to step up their efforts to protect the human rights of internally
displaced persons, to use comprehensive and rights-based strategies to discharge their
obligations, and to provide internally displaced persons with protection, assistance and
specialized public care; and further urges States to seek lasting solutions for the internally
displaced, which may include their safe return, resettlement or reintegration in dignified
conditions and in accordance with their own will;[***]
80. Affirms that the existence and the national or ethnic, cultural, religious and linguistic
identity of minorities shall be protected, and that the persons belonging to these minorities
should be treated equally and enjoy human rights and fundamental freedoms without
discrimination of any kind;
81. Urges States to refrain from taking discriminatory measures and from enacting or
maintaining legislation that would arbitrarily deprive persons of their nationality, especially if
such measures and legislation render a person stateless;
82. Recognizes with deep concern the persistence of racism, racial discrimination,
xenophobia and related intolerance against Roma/Gypsies/Sinti/Travellers and the violence
affecting these communities, and urges States to take concrete measures to prevent, combat and
eradicate these scourges and to provide access to just and effective remedies and special
protection to the victims; [first part **]
83. Notes with concern the increased number of instances of discrimination on multiple
grounds and reiterates that such discrimination, as laid down in the Durban Declaration and
Programme of Action, affects the enjoyment of human rights and can lead to particular targeting
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or vulnerability, in particular of women and girls, and urges States to adopt or strengthen
programmes or measures to eradicate multiple and aggravated forms of discrimination, in
particular by adopting or improving penal or civil legislation to address these phenomena;
84. Expresses concern at the persistence of discrimination against women and girls on
the grounds of race, racial discrimination, xenophobia and related intolerance and stresses the
urgent need to combat such discrimination by prioritizing the development of a systematic and
consistent approach to evaluating, monitoring and eliminating such discrimination against
women and girls, in accordance with the Durban Declaration and Programme of Action;
85. Stresses, in the context of multiple discrimination, the need to treat all forms of
violence against women and violence against children as a criminal offence, punishable by law,
as well as the duty to provide access to just and effective remedies, and the importance of
providing specialized assistance and rehabilitation to victims, including medical and
psychological assistance and effective counselling;
86. Calls upon States to review, as a matter of priority, the extent to which they have
adopted and implemented specific measures to incorporate a gender perspective into all
programmes and plans of action to combat racism, racial discrimination, xenophobia and related
intolerance and invites States to include an assessment of the effectiveness of such programmes
and plans of action in reports to relevant treaty bodies;[**]
87. Acknowledges that, although all children are vulnerable to violence, some children
because of, inter alia, their gender, race, ethnic origin, physical or mental ability, or social status,
are especially vulnerable, and in this context calls upon States to address the special needs of
unaccompanied migrant and refugee children and to combat the sexual exploitation of children;
[first part **]
88. Recognizes that victims of slavery and slavery-like practices, including contemporary
forms of slavery, debt bondage, sexual exploitation or labour exploitation, are particularly
exposed to racism, racial discrimination, xenophobia and related intolerance, and that women
and girls often suffer multiple forms of discrimination, victimization, and violence; and stresses,
in this regard, that contemporary forms and manifestations of slavery need to be investigated by
different stakeholders and given greater prominence and priority if these practices are to be
eradicated once and for all;
89. Urges States to pass and implement legislation, and to devise, enforce, and
strengthen national action plans that integrate a human rights perspective, in particular
accounting for gender and age, to combat and eliminate all forms of trafficking in persons,
particularly of women and children and other vulnerable groups, taking into account the
practices that endanger human lives or lead to various forms of slavery and exploitation, such as
debt bondage, child pornography and sexual and labour exploitation;[**]
90. Urges States to strengthen bilateral, regional and international cooperation on
trafficking in persons, especially women and children, and to facilitate the work of the Special
Rapporteur on trafficking in persons, especially in women and children, and of
non-governmental organizations that provide assistance to victims;[**]
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91. Urges States to ensure the protection of and assistance to the victims of trafficking
with full respect for their human rights, and to actively promote the rehabilitation of the victims
of trafficking by providing them with access to adequate physical and psychological care and
services, including those related to HIV/AIDS, as well as shelter, legal assistance and
helplines;[**]
92. Notes progress in the adoption of policies and programmes to improve the prevention
of HIV/AIDS, especially among populations at higher risk of exposure, and to eradicate multiple
discrimination against persons living with and affected by HIV/AIDS, and recommends that
States guarantee universal and effective access to medications at affordable prices, particularly
those required for the prevention and treatment of HIV/AIDS, malaria, tuberculosis and other
pandemics, and intensify research in vaccines as appropriate; [first part **]
93. Welcomes the entry into force of the Convention on the Rights of Persons with
Disabilities and its Optional Protocol, and urges States to effectively address the difficult
conditions faced by persons with disabilities who are subject to multiple or aggravated forms of
discrimination;
94. Urges States to consider signing and ratifying or acceding to all instruments
mentioned in paragraph 78 of the Durban Declaration and Programme of Action;
95. Urges States to consider signing and ratifying or acceding to all instruments adopted
after the World Conference against Racism, including:
(a) Convention on the Rights of Persons with Disabilities and its Optional Protocol;
(b) Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights;
(c) Convention on the Protection and Promotion of the Diversity of Cultural
Expressions;
96. Urges States to combat impunity for crimes with racist or xenophobic motivations,
including through adopting appropriate legislation, as well as by amending, rescinding or
nullifying any laws and regulations which create or perpetuate racism, racial discrimination,
xenophobia and related intolerance;[**]
97. Calls upon States, in accordance with their human rights obligations, to declare
illegal and to prohibit by law all organizations based on ideas or theories of superiority of one
race or group of persons of one colour or ethnic origin, or which attempt to justify or promote
national, racial and religious hatred and discrimination in any form, and to adopt immediate and
positive measures designed to eradicate all incitement to, or acts of, such discrimination;
98. Urges States to ensure that everyone within their jurisdiction enjoys access to justice,
as well as access to appropriate State institutions and mechanisms in order to seek just, fair and
adequate reparation or satisfaction for any damage suffered, and stresses the importance of
providing specialized assistance to victims, including medical and psychological assistance, as
well as necessary counselling, and draws attention to the need to increase awareness of judicial
recourse and other existing legal remedies and for these to be readily and easily accessible;
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99. Calls on States to ensure that investigations of all acts of racism and racial
discrimination, in particular those committed by law enforcement officials, are carried out in an
impartial, timely and exhaustive manner, that those responsible are brought to justice in
accordance with the law, and that victims receive prompt and fair satisfaction for any damage;
100. Calls upon States to refrain from profiling on racial, ethnic, religious and/or other
grounds prohibited by international law, and to prohibit such profiling in its national legislation;
101. Recommends that States that have not yet done so establish mechanisms to collect,
compile, analyse, disseminate and publish reliable and disaggregated statistical data, and
undertake all other related measures necessary to regularly assess the situation of individuals and
groups of individuals who are victims of racism, racial discrimination, xenophobia and related
intolerance, in accordance with the Durban Declaration and Programme of Action;
102. Requests States, with the assistance of OHCHR, to develop a system of data
collection, including equal-opportunity and non-discrimination indicators that, upholding the
right to privacy and the principle of self-identification, makes it possible to assess and guide the
formulation of policies and actions to eradicate racism, racial discrimination, xenophobia and
related intolerance;
103. Urges States to establish national programmes that facilitate the access of all to basic
social services without discrimination;
104. Reaffirms that the eradication of racism, racial prejudice and xenophobia should aim
not only at promoting equality and eliminating discrimination but also at promoting interaction
among ethnic, cultural and religious communities;[**]
105. Encourages States to develop national capacity for human rights education, training
activities and public information, by involving national human rights institutions,
non-governmental organizations and other relevant stakeholders in order to combat racism, racial
discrimination, xenophobia and related intolerance, in line with the Plan of Action of the World
Programme for Human Rights Education;[**]
106. Encourages all States and relevant international organizations to initiate and develop
cultural and educational programmes aimed at countering racism, racial discrimination,
xenophobia and related intolerance and enhancing mutual understanding among various cultures
and civilizations;[**]
107. Calls upon States to implement cultural rights through the promotion of intercultural
and inter-religious dialogue and cooperation at all levels, especially at the local and grass-roots
levels;
108. Urges States to encourage political parties to work towards fair representation of
national or ethnic, religious and linguistic minorities within and at all levels of their party
system, to ensure that their political and legal systems reflect the multicultural diversity of their
societies, and to develop more participatory democratic institutions in order to avoid the
discrimination, marginalization and exclusion of specific sectors of society;
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109. Urges States to improve democratic institutions, to increase participation, and to
avoid marginalization, exclusion of and discrimination against specific sectors of society, for
instance by accepting electoral-support proposals;
110. Encourages Parliaments to regularly address the issue of racism and discrimination,
with a view to consolidating their legislation, including anti-discrimination legislation, and to
enhance policies to fight racism, racial discrimination, xenophobia and related intolerance;
111. Encourages States to adopt strategies, programmes and policies, including, inter alia,
affirmative or positive actions and strategies or measures, to enable the victims of racism, racial
discrimination, xenophobia and related intolerance to fully realize their civil, cultural, economic,
political, and social rights, including through improved access to political, judicial and
administrative institutions, and to grant them greater opportunity to participate fully in all
spheres of life of the societies in which they live;
112. Urges all States that have not developed and/or implemented national action plans to
combat racism, racial discrimination, xenophobia and related intolerance to elaborate such plans
and monitor their implementation in consultation with relevant stakeholders, including in
particular national human rights institutions and civil society;
113. Calls on States that have not yet done so to establish national institutions for the
promotion and protection of human rights in accordance with the Vienna Declaration and
Programme of Action of 1993 and the Paris Principles, and to ensure that such institutions have
focal points on racism, racial discrimination, xenophobia and related intolerance, as well as the
capacity to contribute to effective remedies to victims;
114. Calls on States that have not yet done so to establish and equip specialized bodies
and mechanisms for the implementation of public policies to eradicate racism, racial
discrimination, xenophobia and related intolerance, and to promote racial equality with suitable
financial resources, capability and capacity to survey, investigate, educate and undertake public
awareness-raising activities;
115. Requests all States to protect human rights defenders, in particular those working on
racism, racial discrimination, xenophobia and related intolerance, to lift any impediments to their
effective functioning which are inconsistent with international human rights standards and
norms, and to allow them to work freely for the promotion and protection of human rights; [first
and last part ***]
116. Invites States to provide and, where appropriate, to increase funding for civil society
organizations to bolster their work against racism, racial discrimination, xenophobia and related
intolerance;[**]
117. Recognizes the valuable role played by regional organizations, institutions and
initiatives in the struggle against racism, racial discrimination, xenophobia and related
intolerance, including through their complaint mechanisms, and encourages the establishment or
strengthening of regional mechanisms to examine the effectiveness of measures taken to prevent,
combat and eradicate these scourges;
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118. Recommends that States, regional and international organizations establish
independent bodies, where they do not already exist, to receive complaints from victims of
racism, racial discrimination, xenophobia and related intolerance regarding discrimination in
housing, education, health, employment, or access hereto, as well as other human rights;
119. Commends media organizations that have elaborated voluntary ethical codes of
conduct aimed at, inter alia, meeting the goals defined in paragraph 144 of the Durban
Programme of Action, and encourages consultations among media professionals through relevant
associations and organizations at the national, regional and international levels, with the
assistance of OHCHR, with a view to exchanging views on this subject and sharing best
practices, taking into account the independence of the media and international human rights
standards and norms;
Action at the international level
120. Re-emphasizes the importance of enhancing international cooperation to achieve the
goals identified in the Durban Declaration and Programme of Action with a view to combating,
preventing and eradicating racism, racial discrimination, xenophobia and related intolerance;
121. Encourages States to include in their national reports to the universal periodic review
mechanism of the Human Rights Council information on measures to prevent and combat
racism, racial discrimination, xenophobia and related intolerance;[**]
122. Invites the Human Rights Council, its special procedures and mechanisms, as well as
relevant treaty bodies, within their respective mandates, to take into account the Durban
Declaration and Programme of Action and the outcome of the Review Conference;
123. Recommends that the Human Rights Council ensure synergy in the work of the
follow-up mechanisms established by the Declaration and Programme of Action under the
auspices of the Intergovernmental Working Group on the effective implementation of the
Durban Declaration and Programme of Action, with a view to improving the effectiveness of the
follow-up mechanisms; and, in connection herewith recommends that the Working Group of
Experts on People of African Descent focus on undertaking field visits and report to the
Intergovernmental Working Group, and that the Independent Eminent Experts provide their
individual expert advice upon request of the Intergovernmental Working Group or the
High Commissioner for Human Rights;
124. Requests the Human Rights Council to continue promoting intercultural and
inter-religious dialogue with enhanced participation of all stakeholders, including from the
grass-roots level;
125. Invites all international sporting bodies to promote, through their national, regional
and international federations, a world of sports free from racism and racial discrimination;[**]
126. Invites the Fédération Internationale de Football Association, in connection with the
2010 football World Cup tournament to be held in South Africa, to introduce a visible theme on
non-racism in football and requests the High Commissioner for Human Rights in her capacity as
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Secretary-General of the Durban Review Conference to bring this invitation to the attention of
the Fédération and to bring the issue of racism in sport to the attention of other relevant
international sporting bodies;[**]
Action by the Office of the High Commissioner for Human Rights and the
United Nations system
127. Invites the High Commissioner for Human Rights to further increase awareness of
the struggle against racism, racial discrimination, xenophobia and related intolerance, including
the awareness of the relevant mechanisms and bodies, through the appropriate activities and
programmes of her Office;
128. Reiterates its call on OHCHR to continue its efforts to increase awareness and
support for the work of the Committee on the Elimination of Racial Discrimination, as part of the
overall endeavour to strengthen the work of the treaty bodies;
129. Encourages OHCHR to continue to provide guidance and support to the mechanisms
of the Human Rights Council to monitor the implementation of the Durban Declaration and
Programme of Action;[***]
130. Invites the High Commissioner for Human Rights to fully implement the mandate
given to OHCHR in the Durban Declaration and Programme of Action, and in particular to
collect and disseminate data and best practices from around the world, including national action
plans and legislation to combat racism, racial discrimination, xenophobia and related
intolerance;[***]
131. Welcomes the proposal of the High Commissioner for Human Rights and
recommends the establishment of a United Nations observatory on racism, with a view to,
inter alia, improving the gathering, analysis and dissemination of information, in collaboration
with relevant national, regional and international bodies;
132. Invites OHCHR, in cooperation with regional stakeholders in all parts of the world,
to organize a series of expert workshops to attain a better understanding of the legislative
patterns, judicial practices and national policies in the different regions of the world with regard
to the concept of incitement to hatred, as stipulated in article 20 of the International Covenant on
Civil and Political Rights, in order to arrive at a comprehensive picture of the implementation of
the prohibition of incitement with a view to remedying any possible substantive or
implementation gaps;
133. Encourages OHCHR to intensify its collaboration with international and regional
bodies dealing with the fight against racism and racial discrimination;[**]
134. Welcomes the intention of the High Commissioner for Human Rights to lead in
mainstreaming the implementation of the Durban Declaration and Programme of Action into the
activities of all relevant parts of the United Nations and, in this regard, takes note with
appreciation of the intention of the High Commissioner to make its implementation a standing
agenda item in her high-level consultations with United Nations partners, to be followed up at
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the working level by an inter-agency task force, working in collaboration with the
Intergovernmental Working Group on the effective implementation of the Durban Declaration
and Programme of Action;
135. Emphasizes the need for the relevant United Nations bodies and specialized agencies
to provide, within the mainstreaming of the implementation of the Declaration and Programme
of Action, targeted technical cooperation to enhance its effective implementation, and in this
context encourages States to seek assistance to establish or improve national policy frameworks,
administrative structures and practical measures to give effect to the Durban Programme of
Action;
136. Requests the Secretary-General to provide OHCHR with adequate resources to
continue to implement the Durban Declaration and Programme of Action and to implement the
outcome of the Review Conference in full, including by strengthening its Anti-Discrimination
Unit with a view to, inter alia, increasing national capacity to prevent, combat and eradicate
racism, racial discrimination, xenophobia and related intolerance through the provision of
targeted technical assistance, upon request;
137. Encourages Member States to increase their voluntary contributions to OHCHR to
enhance its capacity to ensure the effective implementation of the Durban Declaration and
Programme of Action at the national level;
138. Calls on OHCHR to continue to support States, at their request, in the process of
establishing and strengthening national human rights institutions in compliance with the Paris
Principles, and in implementing national plans of action against racism, racial discrimination,
xenophobia and related intolerance;[***]
139. Calls on Member States to contribute to the Trust Fund for the Programme of the
Decade to Combat Racism and Racial Discrimination for, inter alia, the participation of people
of African descent, representatives of developing countries, especially the least developed
countries, non-governmental organizations and experts, in the work of the Intergovernmental
Working Group on the effective implementation of the Durban Declaration and Programme of
Action, and invites States to contribute to that fund;
140. Encourages the United Nations Educational, Scientific and Cultural Organization to
pursue its work aimed at mobilizing municipal authorities and local governments against racism,
racial discrimination, xenophobia and related intolerance, particularly through its Coalition of
Cities against Racism and Discrimination initiative;[**]
141. Calls on the United Nations system, in particular the Department of Public
Information of the Secretariat, to undertake effective media campaigns to enhance the visibility
of the message of the Durban Declaration and Programme of Action and its follow-up
mechanisms.
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