World
Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance
Declaration
Having met in Durban, South
Africa, from 31 August to 8 September 2001,
Expressing deep appreciation to
the Government of South Africa for hosting this World Conference,
Drawing inspiration from the
heroic struggle of the people of South Africa against the
institutionalized system of apartheid, as well as for equality and
justice under democracy, development, the rule of law and respect for
human rights, recalling in this context the important contribution to
that struggle of the international community and, in particular, the
pivotal role of the people and Governments of Africa, and noting the
important role that different actors of civil society, including
non-governmental organizations, played in that struggle and in
ongoing efforts to combat racism, racial discrimination, xenophobia
and related intolerance,
Recalling that the Vienna
Declaration and Programme of Action, adopted by the World Conference
on Human Rights in June 1993, calls for the speedy and comprehensive
elimination of all forms of racism, racial discrimination, xenophobia
and related intolerance,
Recalling Commission on Human
Rights resolution 1997/74 of 18 April 1997,
General Assembly resolution 52/111 of 12 December 1997
and subsequent resolutions of those bodies concerning the convening
of the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and recalling also the two World
Conferences to Combat Racism and Racial Discrimination, held in
Geneva in 1978 and 1983, respectively,
Noting with grave concern that
despite the efforts of the international community, the principal
objectives of the three Decades to Combat Racism and Racial
Discrimination have not been attained and that countless human beings
continue to the present day to be victims of racism, racial
discrimination, xenophobia and related intolerance,
Recalling that the year 2001 is
the International Year of Mobilization against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, aimed at drawing
the world’s attention to the objectives of the World Conference
and giving new momentum to the political commitment to eliminate all
forms of racism, racial discrimination, xenophobia and related
intolerance,
Welcoming the decision of the
General Assembly to proclaim the year 2001 as the United Nations Year
of Dialogue among Civilizations, which underlines tolerance and
respect for diversity and the need to seek common ground among and
within civilizations in order to address common challenges to
humanity that threaten shared values, universal human rights and the
fight against racism, racial discrimination, xenophobia and related
intolerance, through cooperation, partnership and inclusion,
Welcoming also the proclamation
by the General Assembly of the period 2001-2010 as the Decade for a
Culture of Peace and Non-Violence for Children of the World, as well
as the adoption by the General Assembly of the Declaration and Plan
of Action on a Culture of Peace,
Recognizing that the World
Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance, in conjunction with the International Decade of
the World’s Indigenous People, presents a unique opportunity to
consider the invaluable contributions of indigenous peoples to
political, economic, social, cultural and spiritual development
throughout the world to our societies, as well as the challenges
faced by them, including racism and racial discrimination,
Recalling the United Nations
Declaration on the Granting of Independence to Colonial Countries and
Peoples of 1960,
Reaffirming our commitment to
the purposes and principles contained in the Charter of the United
Nations and the Universal Declaration of Human Rights,
Affirming that racism, racial
discrimination, xenophobia and related intolerance constitute a
negation of the purposes and principles of the Charter of the United
Nations,
Reaffirming the principles of
equality and non-discrimination in the Universal Declaration of Human
Rights and encouraging respect for human rights and fundamental
freedoms for all without distinction of any kind such as race,
colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status,
Convinced of the fundamental
importance of universal accession to or ratification of and full
implementation of our obligations arising under the International
Convention on the Elimination of All Forms of Racial Discrimination
as the principal international instrument to eliminate racism, racial
discrimination, xenophobia and related intolerance,
Recognizing the fundamental
importance for States, in combating racism, racial discrimination,
xenophobia, and related intolerance, to consider signing, ratifying
or acceding to all relevant international human rights instruments,
with a view to universal adherence,
Having taken note of the reports
of the regional conferences organized at Strasbourg, Santiago, Dakar
and Tehran and other inputs from States, as well as the reports of
expert seminars, non-governmental organization regional meetings and
other meetings organized in preparation for the World Conference,
Noting with appreciation the
Vision Statement launched by President Thabo Mbeki of
South Africa under the patronage of The Honourable Nelson
Mandela, first President of the new South Africa, and at the
initiative of the United Nations High Commissioner for Human Rights
and Secretary General of the World Conference, and signed by
seventy-four heads of State, heads of Government and
dignitaries,
Reaffirming that cultural
diversity is a cherished asset for the advancement and welfare of
humanity at large and should be valued, enjoyed, genuinely accepted
and embraced as a permanent feature which enriches our societies,
Acknowledging that no derogation
from the prohibition of racial discrimination, genocide, the crime of
apartheid and slavery is permitted, as defined in the obligations
under the relevant human rights instruments,
Having listened to the peoples
of the world and recognizing their aspirations to justice, to
equality of opportunity for all and everyone, to the enjoyment of
their human rights, including the right to development, to live in
peace and freedom and to equal participation without discrimination
in economic, social, cultural, civil and political life,
Recognizing that the equal
participation of all individuals and peoples in the formation of
just, equitable, democratic and inclusive societies can contribute to
a world free from racism, racial discrimination, xenophobia and
related intolerance,
Emphasizing the importance of
the equitable participation of all, without any discrimination, in
domestic as well as global decision-making,
Affirming that racism, racial
discrimination, xenophobia and related intolerance, where they amount
to racism and racial discrimination, constitute serious violations of
and obstacles to the full enjoyment of all human rights and deny the
self evident truth that all human beings are born free and equal
in dignity and rights, are an obstacle to friendly and peaceful
relations among peoples and nations, and are among the root causes of
many internal and international conflicts, including armed conflicts,
and the consequent forced displacement of populations,
Recognizing that national and
international actions are required to combat racism, racial
discrimination, xenophobia and related intolerance, in order to
ensure the full enjoyment of all human rights, economic, social,
cultural, civil and political, which are universal, indivisible,
interdependent and interrelated, and to improve the living conditions
of men, women and children of all nations,
Reaffirming the importance of
the enhancement of international cooperation for the promotion and
protection of human rights and for the achievement of the objectives
of the fight against racism, racial discrimination, xenophobia
and related intolerance,
Acknowledging that xenophobia,
in its different manifestations, is one of the main contemporary
sources and forms of discrimination and conflict, combating which
requires urgent attention and prompt action by States, as well as by
the international community,
Fully aware that, despite
efforts undertaken by the international community, Governments and
local authorities, the scourge of racism, racial discrimination,
xenophobia and related intolerance persists and continues to
result in violations of human rights, suffering, disadvantage and
violence, which must be combated by all available and appropriate
means and as a matter of the highest priority, preferably in
cooperation with affected communities,
Noting with concern the
continued and violent occurrence of racism, racial discrimination,
xenophobia and related intolerance, and that theories of superiority
of certain races and cultures over others, promoted and practised
during the colonial era, continue to be propounded in one form or
another even today,
Alarmed by the emergence and
continued occurrence of racism, racial discrimination, xenophobia and
related intolerance in their more subtle and contemporary forms and
manifestations, as well as by other ideologies and practices based on
racial or ethnic discrimination or superiority,
Strongly rejecting any doctrine
of racial superiority, along with theories which attempt to determine
the existence of so-called distinct human races,
Recognizing that failure to
combat and denounce racism, racial discrimination, xenophobia and
related intolerance by all, especially by public authorities and
politicians at all levels, is a factor encouraging their
perpetuation,
Reaffirming that States have the
duty to protect and promote the human rights and fundamental freedoms
of all victims, and that they should apply a genderi
perspective, recognizing the multiple forms of discrimination which
women can face, and that the enjoyment of their civil, political,
economic, social and cultural rights is essential for the development
of societies throughout the world,
Recognizing both the challenges
and opportunities presented by an increasingly globalized world in
relation to the struggle to eradicate racism, racial discrimination,
xenophobia and related intolerance,
Determined, in an era when
globalization and technology have contributed considerably to
bringing people together, to materialize the notion of a human family
based on equality, dignity and solidarity, and to make the
twenty-first century a century of human rights, the eradication of
racism, racial discrimination, xenophobia and related intolerance and
the realization of genuine equality of opportunity and treatment for
all individuals and peoples,
Reaffirming the principles of
equal rights and self-determination of peoples and recalling that all
individuals are born equal in dignity and rights, stressing that such
equality must be protected as a matter of the highest priority and
recognizing the duty of States to take prompt, decisive and
appropriate measures with a view to eliminating all forms of racism,
racial discrimination, xenophobia and related intolerance,
Dedicating ourselves to
combating the scourge of racism, racial discrimination, xenophobia
and related intolerance fully and effectively as a matter of
priority, while drawing lessons from manifestations and past
experiences of racism in all parts of the world with a view to
avoiding their recurrence,
Joining together in a spirit of
renewed political will and commitment to universal equality, justice
and dignity, we salute the memory of all victims of racism, racial
discrimination, xenophobia and related intolerance all over the world
and solemnly adopt the Durban Declaration and Programme of Action,
ii
General
issues
1. We declare that for the purpose of
the present Declaration and Programme of Action, the victims of
racism, racial discrimination, xenophobia and related intolerance are
individuals or groups of individuals who are or have been negatively
affected by, subjected to, or targets of these scourges;
2. We recognize that racism, racial
discrimination, xenophobia and related intolerance occur on the
grounds of race, colour, descent or national or ethnic origin and
that victims can suffer multiple or aggravated forms of
discrimination based on other related grounds such as sex, language,
religion, political or other opinion, social origin, property, birth
or other status;
3. We recognize and affirm that, at the
outset of the third millennium, a global fight against racism, racial
discrimination, xenophobia and related intolerance and all their
abhorrent and evolving forms and manifestations is a matter of
priority for the international community, and that this Conference
offers a unique and historic opportunity for assessing and
identifying all dimensions of those devastating evils of humanity
with a view to their total elimination through, inter alia,
the initiation of innovative and holistic approaches and the
strengthening and enhancement of practical and effective measures at
the national, regional and international levels;
4. We express our solidarity with the
people of Africa in their continuing struggle against racism, racial
discrimination, xenophobia and related intolerance and recognize the
sacrifices made by them, as well as their efforts in raising
international public awareness of these inhuman tragedies;
5. We also affirm the great importance
we attach to the values of solidarity, respect, tolerance and
multiculturalism, which constitute the moral ground and inspiration
for our worldwide struggle against racism, racial discrimination,
xenophobia and related intolerance, inhuman tragedies which have
affected people throughout the world, especially in Africa, for too
long;
6. We further affirm that all peoples
and individuals constitute one human family, rich in diversity. They
have contributed to the progress of civilizations and cultures that
form the common heritage of humanity. Preservation and promotion of
tolerance, pluralism and respect for diversity can produce more
inclusive societies;
7. We declare that all human beings are
born free, equal in dignity and rights and have the potential to
contribute constructively to the development and well-being of their
societies. Any doctrine of racial superiority is scientifically
false, morally condemnable, socially unjust and dangerous, and must
be rejected along with theories which attempt to determine the
existence of separate human races;
8. We recognize that religion,
spirituality and belief play a central role in the lives of millions
of women and men, and in the way they live and treat other persons.
Religion, spirituality and belief may and can contribute to the
promotion of the inherent dignity and worth of the human person and
to the eradication of racism, racial discrimination, xenophobia and
related intolerance;
9. We note with concern that racism,
racial discrimination, xenophobia and related intolerance may be
aggravated by, inter alia, inequitable distribution of wealth,
marginalization and social exclusion;
10. We reaffirm that everyone is
entitled to a social and international order in which all human
rights can be fully realized for all, without any discrimination;
11. We note that the process of
globalization constitutes a powerful and dynamic force which should
be harnessed for the benefit, development and prosperity of all
countries, without exclusion. We recognize that developing countries
face special difficulties in responding to this central challenge.
While globalization offers great opportunities, at present its
benefits are very unevenly shared, while its costs are unevenly
distributed. We thus express our determination to prevent and
mitigate the negative effects of globalization. These effects could
aggravate, inter alia, poverty, underdevelopment,
marginalization, social exclusion, cultural homogenization and
economic disparities which may occur along racial lines, within and
between States, and have an adverse impact. We further express our
determination to maximize the benefits of globalization through,
inter alia, the strengthening and enhancement of
international cooperation to increase equality of opportunities for
trade, economic growth and sustainable development, global
communications through the use of new technologies and increased
intercultural exchange through the preservation and promotion of
cultural diversity, which can contribute to the eradication of
racism, racial discrimination, xenophobia and related intolerance.
Only through broad and sustained efforts to create a shared future
based upon our common humanity, and all its diversity, can
globalization be made fully inclusive and equitable;
12. We recognize that interregional and
intraregional migration has increased as a result of globalization,
in particular from the South to the North, and stress that
policies towards migration should not be based on racism, racial
discrimination, xenophobia and related intolerance;
Sources,
causes, forms and contemporary manifestations of racism, racial
discrimination, xenophobia and related intolerance
13. We acknowledge that slavery and the slave trade,
including the transatlantic slave trade, were appalling tragedies in
the history of humanity not only because of their abhorrent barbarism
but also in terms of their magnitude, organized nature and especially
their negation of the essence of the victims, and further acknowledge
that slavery and the slave trade are a crime against humanity and
should always have been so, especially the transatlantic slave trade
and are among the major sources and manifestations of racism, racial
discrimination, xenophobia and related intolerance, and that Africans
and people of African descent, Asians and people of Asian descent and
indigenous peoples were victims of these acts and continue to be
victims of their consequences;
14. We recognize that colonialism has led to racism,
racial discrimination, xenophobia and related intolerance, and that
Africans and people of African descent, and people of Asian descent
and indigenous peoples were victims of colonialism and continue to be
victims of its consequences. We acknowledge the suffering caused by
colonialism and affirm that, wherever and whenever it occurred, it
must be condemned and its reoccurrence prevented. We further regret
that the effects and persistence of these structures and practices
have been among the factors contributing to lasting social and
economic inequalities in many parts of the world today;
15. We recognize that apartheid and genocide in terms of
international law constitute crimes against humanity and are major
sources and manifestations of racism, racial discrimination,
xenophobia and related intolerance, and acknowledge the untold evil
and suffering caused by these acts and affirm that wherever and
whenever they occurred, they must be condemned and their recurrence
prevented;
16. We recognize that xenophobia against non-nationals,
particularly migrants, refugees and asylum-seekers, constitutes one
of the main sources of contemporary racism and that human rights
violations against members of such groups occur widely in the context
of discriminatory, xenophobic and racist practices;
17. We note the importance of paying
special attention to new manifestations of racism, racial
discrimination, xenophobia and related intolerance to which youth and
other vulnerable groups might be exposed;
18. We emphasize 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;
19. We recognize the negative economic,
social and cultural consequences of racism, racial discrimination,
xenophobia and related intolerance, which have contributed
significantly to the underdevelopment of developing countries and, in
particular, of Africa and resolve to free every man, woman and child
from the abject and dehumanizing conditions of extreme poverty to
which more than one billion of them are currently subjected, to make
the right to development a reality for everyone and to free the
entire human race from want;
20. We recognize that racism, racial
discrimination, xenophobia and related intolerance are among the
root causes of armed conflict and very often one of its consequences
and recall that non-discrimination is a fundamental principle of
international humanitarian law. We underscore the need for all
parties to armed conflicts to abide scrupulously by this principle
and for States and the international community to remain especially
vigilant during periods of armed conflict and continue to combat
all forms of racial discrimination;
21. We express our deep concern that
socio-economic development is being hampered by widespread internal
conflicts which are due, among other causes, to gross violations of
human rights, including those arising from racism, racial
discrimination, xenophobia and related intolerance, and from lack of
democratic, inclusive and participatory governance;
22. We express our concern that in some
States political and legal structures or institutions, some of which
were inherited and persist today, do not correspond to the
multi ethnic, pluricultural and plurilingual characteristics of
the population and, in many cases, constitute an important factor of
discrimination in the exclusion of indigenous peoples;
23. We fully recognize the rights of
indigenous peoples consistent with the principles of sovereignty and
territorial integrity of States, and therefore stress the need to
adopt the appropriate constitutional, administrative, legislative and
judicial measures, including those derived from applicable
international instruments;
24. We declare that the use of the term
“indigenous peoples” in the Declaration and Programme of
Action of the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance is in the context of, and without
prejudice to the outcome of, ongoing international negotiations on
texts that specifically deal with this issue, and cannot be construed
as having any implications as to rights under international law;
25. We express our profound repudiation
of the racism, racial discrimination, xenophobia and related
intolerance that persist in some States in the functioning of the
penal systems and in the application of the law, as well as in the
actions and attitudes of institutions and individuals responsible for
law enforcement, especially where this has contributed to certain
groups being over-represented among persons under detention or
imprisoned;
26. We affirm the need to put an end to
impunity for violations of the human rights and fundamental freedoms
of individuals and groups of individuals who are victimized by
racism, racial discrimination, xenophobia and related intolerance;
27. We express our concern that, beyond
the fact that racism is gaining ground, contemporary forms and
manifestations of racism and xenophobia are striving to regain
political, moral and even legal recognition in many ways, including
through the platforms of some political parties and organizations and
the dissemination through modern communication technologies of ideas
based on the notion of racial superiority;
28. We recall that persecution against
any identifiable group, collectivity or community on racial,
national, ethnic or other grounds that are universally recognized as
impermissible under international law, as well as the crime of
apartheid, constitute serious violations of human rights and, in some
cases, qualify as crimes against humanity;
29. We strongly condemn the fact that
slavery and slavery-like practices still exist today in parts of the
world and urge States to take immediate measures as a matter of
priority to end such practices, which constitute flagrant violations
of human rights;
30. We affirm the urgent need to
prevent, combat and eliminate all forms of trafficking in persons, in
particular women and children, and recognize that victims of
trafficking are particularly exposed to racism, racial
discrimination, xenophobia and related intolerance;
Victims
of racism, racial discrimination, xenophobia and related intolerance
31. We also express our deep concern
whenever indicators in the fields of, inter alia,
education, employment, health, housing, infant mortality and life
expectancy for many peoples show a situation of disadvantage,
particularly where the contributing factors include racism, racial
discrimination, xenophobia and related intolerance;
32. We recognize the value and
diversity of the cultural heritage of Africans and people of African
descent and affirm the importance and necessity of ensuring their
full integration into social, economic and political life with a view
to facilitating their full participation at all levels in the
decision-making process;
33. We consider it essential for all
countries in the region of the Americas and all other areas of the
African Diaspora to recognize the existence of their population of
African descent and the cultural, economic, political and scientific
contributions made by that population, and recognize the persistence
of racism, racial discrimination, xenophobia and related intolerance
that specifically affect them, and recognize that, in many countries,
their long standing inequality in terms of access to, inter
alia, education, health care and housing has been a profound
cause of the socio-economic disparities that affect them;
34. We recognize that people of African
descent have for centuries been victims of racism, racial
discrimination and enslavement and of the denial by history of many
of their rights, and assert that they should be treated with fairness
and respect for their dignity and should not suffer discrimination of
any kind. Recognition should therefore be given to their rights to
culture and their own identity; to participate freely and in equal
conditions in political, social, economic and cultural life; to
development in the context of their own aspirations and customs; to
keep, maintain and foster their own forms of organization, their mode
of life, culture, traditions and religious expressions; to maintain
and use their own languages; to the protection of their traditional
knowledge and their cultural and artistic heritage; to the use,
enjoyment and conservation of the natural renewable resources of
their habitat and to active participation in the design,
implementation and development of educational systems and programmes,
including those of a specific and characteristic nature; and where
applicable to their ancestrally inhabited land;
35. We recognize that in many parts of
the world, Africans and people of African descent face barriers as a
result of social biases and discrimination prevailing in public and
private institutions and express our commitment to work towards the
eradication of all forms of racism, racial discrimination, xenophobia
and related intolerance faced by Africans and people of African
descent;
36. We recognize that in many parts of
the world, Asians and people of Asian descent face barriers as a
result of social biases and discrimination prevailing in public and
private institutions and express our commitment to work towards the
eradication of all forms of racism, racial discrimination, xenophobia
and related intolerance faced by Asians and people of Asian descent;
37. We note with appreciation that
despite the racism, racial discrimination, xenophobia and related
intolerance faced by them for centuries, people of Asian descent have
contributed and continue to contribute significantly to the economic,
social, political, scientific and cultural life of the countries
where they live;
38. We call upon all States to review
and, where necessary, revise any immigration policies which are
inconsistent with international human rights instruments, with a view
to eliminating all discriminatory policies and practices against
migrants, including Asians and people of Asian descent;
39. We recognize that the indigenous
peoples have been victims of discrimination for centuries and affirm
that they are free and equal in dignity and rights and should not
suffer any discrimination, particularly on the basis of their
indigenous origin and identity, and we stress the continuing need for
action to overcome the persistent racism, racial discrimination,
xenophobia and related intolerance that affect them;
40. We recognize the value and
diversity of the cultures and the heritage of indigenous peoples,
whose singular contribution to the development and cultural pluralism
of society and full participation in all aspects of society, in
particular on issues that are of concern to them, are fundamental for
political and social stability, and for the development of the States
in which they live;
41. We reiterate our conviction that
the full realization by indigenous peoples of their human rights and
fundamental freedoms is indispensable for eliminating racism, racial
discrimination, xenophobia and related intolerance. We firmly
reiterate our determination to promote their full and equal enjoyment
of civil, political, economic, social and cultural rights, as well as
the benefits of sustainable development, while fully respecting their
distinctive characteristics and their own initiatives;
42. We emphasize that, in order for
indigenous peoples freely to express their own identity and exercise
their rights, they should be 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 the negotiations on the draft
declaration on the rights of indigenous peoples, including the
following: to call themselves by their own names; to participate
freely and on an equal footing in their country’s political,
economic, social and cultural development; to maintain their own
forms of organization, lifestyles, cultures and traditions; to
maintain and use their own languages; to maintain their own economic
structures in the areas where they live; to take part in the
development of their educational systems and programmes; to manage
their lands and natural resources, including hunting and fishing
rights; and to have access to justice on a basis of equality;
43. We also recognize the special
relationship that indigenous peoples have with the land as the basis
for their spiritual, physical and cultural existence and encourage
States, wherever possible, to ensure that indigenous peoples are able
to retain ownership of their lands and of those natural resources to
which they are entitled under domestic law;
44. We welcome the decision to create
the Permanent Forum on Indigenous Issues within the United Nations
system, giving concrete expression to major objectives of the
International Decade of the World’s Indigenous People and the
Vienna Declaration and Programme of Action;
45. We welcome the appointment by the
United Nations of the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous people and express our
commitment to cooperate with the Special Rapporteur;
46. We recognize the positive economic,
social and cultural contributions made by migrants to both countries
of origin and destination;
47. We reaffirm the sovereign right of
each State to formulate and apply its own legal framework and
policies for migration, and further affirm that these policies should
be consistent with applicable human rights instruments, norms and
standards, and designed to ensure that they are free of racism,
racial discrimination, xenophobia and related intolerance;
48. We note with concern and strongly
condemn the manifestations and acts of racism, racial discrimination,
xenophobia and related intolerance against migrants and the
stereotypes often applied to them; reaffirm the responsibility of
States to protect the human rights of migrants under their
jurisdiction and reaffirm the responsibility of States to safeguard
and protect migrants against illegal or violent acts, in particular
acts of racial discrimination and crimes perpetrated with racist or
xenophobic motivation by individuals or groups;
and stress the need for their fair, just and equitable treatment in
society and in the workplace;
49. We highlight the importance of
creating conditions conducive to greater harmony, tolerance and
respect between migrants and the rest of society in the countries in
which they find themselves, in order to eliminate manifestations of
racism and xenophobia against migrants. We underline that family
reunification has a positive effect on integration and emphasize the
need for States to facilitate family reunion;
50. We are mindful of the situation of
vulnerability in which migrants frequently find themselves, owing,
inter alia, to their departure from their countries of origin
and to the difficulties they encounter because of differences in
language, customs and culture, as well as economic and social
difficulties and obstacles to the return of migrants who are
undocumented or in an irregular situation;
51. We reaffirm the necessity of
eliminating racial discrimination against migrants, including migrant
workers, in relation to issues such as employment, social services,
including education and health, as well as access to justice, and
that their treatment must be in accordance with international human
rights instruments, free from racism, racial discrimination,
xenophobia and related intolerance;
52. We note with concern that, among
other factors, racism, racial discrimination, xenophobia and related
intolerance contribute to forced displacement and the movement of
people from their countries of origin as refugees and asylum-seekers;
53. We recognize with concern that, despite efforts to
combat racism, racial discrimination, xenophobia and related
intolerance, instances of various forms of racism, racial
discrimination, xenophobia and related intolerance against refugees,
asylum-seekers and internally displaced persons, among others,
continue;
54. We underline the urgency of addressing the root
causes of displacement and of finding durable solutions for refugees
and displaced persons, in particular voluntary return in safety and
dignity to the countries of origin, as well as resettlement in third
countries and local integration, when and where appropriate and
feasible;
55. We affirm our commitment to respect and implement
humanitarian obligations relating to the protection of refugees,
asylum-seekers, returnees and internally displaced persons, and note
in this regard the importance of international solidarity,
burden-sharing and international cooperation to share responsibility
for the protection of refugees, reaffirming that the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol remain the
foundation of the international refugee regime and recognizing the
importance of their full application by States parties;
56. We recognize the presence in many
countries of a Mestizo population of mixed ethnic and racial origins
and its valuable contribution to the promotion of tolerance and
respect in these societies, and we condemn discrimination against
them, especially because such discrimination may be denied owing to
its subtle nature;
57. We are conscious of the fact that
the history of humanity is replete with major atrocities as a result
of gross violations of human rights and believe that lessons can be
learned through remembering history to avert future tragedies;
58. We recall that the Holocaust must
never be forgotten;
59. We recognize with deep concern
religious intolerance against certain religious communities, as well
as the emergence of hostile acts and violence against such
communities because of their religious beliefs and their racial or
ethnic origin in various parts of the world which in particular limit
their right to freely practise their belief;
60. We also recognize with deep concern
the existence in various parts of the world of religious intolerance
against religious communities and their members, in particular
limitation of their right to practise their beliefs freely, as well
as the emergence of increased negative stereotyping, hostile acts and
violence against such communities because of their religious beliefs
and their ethnic or so-called racial origin;
61. We recognize with deep concern the
increase in anti-Semitism and Islamophobia in various parts of the
world, as well as the emergence of racial and violent movements based
on racism and discriminatory ideas against Jewish, Muslim and Arab
communities;
62. We are conscious that humanity’s
history is replete with terrible wrongs inflicted through lack of
respect for the equality of human beings and note with alarm the
increase of such practices in various parts of the world, and we urge
people, particularly in conflict situations, to desist from racist
incitement, derogatory language and negative stereotyping;
63. We are concerned about the plight
of the Palestinian people under foreign occupation. We recognize the
inalienable right of the Palestinian people to self-determination and
to the establishment of an independent State and we recognize the
right to security for all States in the region, including Israel, and
call upon all States to support the peace process and bring it to an
early conclusion;
64. We call for a just, comprehensive
and lasting peace in the region in which all peoples shall co-exist
and enjoy equality, justice and internationally recognized human
rights, and security;
65. We recognize the right of refugees
to return voluntarily to their homes and properties in dignity and
safety, and urge all States to facilitate such return;
66. We affirm that the ethnic,
cultural, linguistic and religious identity of minorities, where they
exist, must be protected and that persons belonging to such
minorities should be treated equally and enjoy their human rights and
fundamental freedoms without discrimination of any kind;
67. We recognize that members of
certain groups with a distinct cultural identity face barriers
arising from a complex interplay of ethnic, religious and other
factors, as well as their traditions and customs, and call upon
States to ensure that measures, policies and programmes aimed at
eradicating racism, racial discrimination, xenophobia and related
intolerance address the barriers that this interplay of factors
creates;
68. We recognize with deep concern the
ongoing manifestations of racism, racial discrimination, xenophobia
and related intolerance, including violence, against
Roma/Gypsies/Sinti/Travellers and recognize the need to develop
effective policies and implementation mechanisms for their full
achievement of equality;
69. We are convinced that racism,
racial discrimination, xenophobia and related intolerance reveal
themselves in a differentiated manner for women and girls, and can be
among the factors leading to a deterioration in their living
conditions, poverty, violence, multiple forms of discrimination, and
the limitation or denial of their human rights. We recognize the need
to integrate a gender perspective into relevant policies, strategies
and programmes of action against racism, racial discrimination,
xenophobia and related intolerance in order to address multiple forms
of discrimination;
70. We recognize the need to develop a
more systematic and consistent approach to evaluating and monitoring
racial discrimination against women, as well as the disadvantages,
obstacles and difficulties women face in the full exercise and
enjoyment of their civil, political, economic, social and cultural
rights because of racism, racial discrimination, xenophobia and
related intolerance;
71. We deplore attempts to oblige women
belonging to certain faiths and religious minorities to forego their
cultural and religious identity, or to restrict their legitimate
expression, or to discriminate against them with regard to
opportunities for education and employment;
72. We note with concern the large
number of children and young people, particularly girls, among the
victims of racism, racial discrimination, xenophobia and related
intolerance and stress the need to incorporate special measures, in
accordance with the principle of the best interests of the child and
respect for his or her views, in programmes to combat racism, racial
discrimination, xenophobia and related intolerance, in order to give
priority attention to the rights and the situation of children and
young people who are victims of these practices;
73. We recognize that a child belonging
to an ethnic, religious or linguistic minority or who is indigenous
shall not be denied the right, individually or in community with
other members of his or her group, to enjoy his or her own culture,
to profess and practise his or her own religion, or to use his or her
own language;
74. We recognize that child labour is
linked to poverty, lack of development and related socio-economic
conditions and could in some cases perpetuate poverty and racial
discrimination by disproportionately denying children from affected
groups the opportunity to acquire the human capabilities needed in
productive life and to benefit from economic growth;
75. We note with deep concern the fact that, in many
countries, people infected or affected by HIV/AIDS, as well as those
who are presumed to be infected, belong to groups vulnerable to
racism, racial discrimination, xenophobia and related intolerance,
which has a negative impact and impedes their access to health care
and medication;
Measures
of prevention, education and protection aimed at the eradication of
racism, racial discrimination, xenophobia and related intolerance at
the national, regional and international levels
76. We recognize that inequitable
political, economic, cultural and social conditions can breed and
foster racism, racial discrimination, xenophobia and related
intolerance, which in turn exacerbate the inequity. We believe that
genuine equality of opportunity for all, in all spheres, including
that for development, is fundamental for the eradication of racism,
racial discrimination, xenophobia and related intolerance;
77. We affirm that universal adherence
to and full implementation of the International Convention on the
Elimination of All Forms of Racial Discrimination are of paramount
importance for promoting equality and non-discrimination in the
world;
78. We affirm the solemn commitment of all States to
promote universal respect for, and observance and protection of, all
human rights, economic, social, cultural, civil and political,
including the right to development, as a fundamental factor in the
prevention and elimination of racism, racial discrimination,
xenophobia and related intolerance;
79. We firmly believe that the obstacles to overcoming
racial discrimination and achieving racial equality mainly lie in the
lack of political will, weak legislation and lack of implementation
strategies and concrete action by States, as well as the prevalence
of racist attitudes and negative stereotyping;
80. We firmly believe that education,
development and the faithful implementation of all international
human rights norms and obligations, including enactment of laws and
political, social and economic policies, are crucial to combat
racism, racial discrimination, xenophobia and related intolerance;
81. We recognize that democracy,
transparent, responsible, accountable and participatory governance
responsive to the needs and aspirations of the people, and respect
for human rights, fundamental freedoms and the rule of law are
essential for the effective prevention and elimination of racism,
racial discrimination, xenophobia and related intolerance. We
reaffirm that any form of impunity for crimes motivated by racist and
xenophobic attitudes plays a role in weakening the rule of law and
democracy and tends to encourage the recurrence of such acts;
82. We affirm that the Dialogue among
Civilizations constitutes a process to attain identification and
promotion of common grounds among civilizations, recognition and
promotion of the inherent dignity and of the equal rights of all
human beings and respect for fundamental principles of justice; in
this way, it can dispel notions of cultural superiority based on
racism, racial discrimination, xenophobia and related intolerance,
and facilitate the building of a reconciled world for the human
family;
83. We underline the key role that
political leaders and political parties can and ought to play in
combating racism, racial discrimination, xenophobia and related
intolerance and encourage political parties to take concrete steps to
promote solidarity, tolerance and respect;
84. We condemn the persistence and
resurgence of neo-Nazism, neo-Fascism and violent nationalist
ideologies based on racial or national prejudice, and state that
these phenomena can never be justified in any instance or in any
circumstances;
85. We condemn political platforms and
organizations based on racism, xenophobia or doctrines of racial
superiority and related discrimination, as well as legislation and
practices based on racism, racial discrimination, xenophobia and
related intolerance, as incompatible with democracy and transparent
and accountable governance. We reaffirm that racism, racial
discrimination, xenophobia and related intolerance condoned by
governmental policies violate human rights and may endanger friendly
relations among peoples, cooperation among nations and international
peace and security;
86. We recall that the dissemination of
all ideas based upon racial superiority or hatred shall be declared
an offence punishable by law with due regard to the principles
embodied in the Universal Declaration of Human Rights and the rights
expressly set forth in article 5 of the International Convention on
the Elimination of All Forms of Racial Discrimination;
87. We note that article 4, paragraph
b, of the International Convention on the Elimination of All Forms of
Racial Discrimination places an obligation upon States to be vigilant
and to proceed against organizations that disseminate ideas based on
racial superiority or hatred, acts of violence or incitement to such
acts. These organizations shall be condemned and discouraged;
88. We recognize that the media should
represent the diversity of a multicultural society and play a role in
fighting racism, racial discrimination, xenophobia and related
intolerance. In this regard we draw attention to the power of
advertising;
89. We note with regret that certain
media, by promoting false images and negative stereotypes of
vulnerable individuals or groups of individuals, particularly of
migrants and refugees, have contributed to the spread of xenophobic
and racist sentiments among the public and in some cases have
encouraged violence by racist individuals and groups;
90. We recognize the positive
contribution that the exercise of the right to freedom of expression,
particularly by the media and new technologies, including the
Internet, and full respect for the freedom to seek, receive and
impart information can make to the fight against racism, racial
discrimination, xenophobia and related intolerance; we reiterate the
need to respect the editorial independence and autonomy of the media
in this regard;
91. We express deep concern about the
use of new information technologies, such as the Internet, for
purposes contrary to respect for human values, equality,
non-discrimination, respect for others and tolerance, including to
propagate racism, racial hatred, xenophobia, racial discrimination
and related intolerance, and that, in particular, children and youth
having access to this material could be negatively influenced by it;
92. We also recognize the need to
promote the use of new information and communication technologies,
including the Internet, to contribute to the fight against racism,
racial discrimination, xenophobia and related intolerance; new
technologies can assist the promotion of tolerance and respect for
human dignity, and the principles of equality and non discrimination;
93. We affirm that all States should
recognize the importance of community media that give a voice to
victims of racism, racial discrimination, xenophobia and related
intolerance;
94. We reaffirm that the stigmatization
of people of different origins by acts or omissions of public
authorities, institutions, the media, political parties or national
or local organizations is not only an act of racial discrimination
but can also incite the recurrence of such acts, thereby resulting in
the creation of a vicious circle which reinforces racist attitudes
and prejudices, and which must be condemned;
95. We recognize that education at all
levels and all ages, including within the family, in particular human
rights education, is a key to changing attitudes and behaviour based
on racism, racial discrimination, xenophobia and related intolerance
and to promoting tolerance and respect for diversity in societies; we
further affirm that such education is a determining factor in
the promotion, dissemination and
protection of the democratic values of justice and equity, which are
essential to prevent and combat the spread of racism, racial
discrimination, xenophobia and related intolerance;
96. We recognize that quality
education, the elimination of illiteracy and access to free primary
education for all can contribute to more inclusive societies, equity,
stable and harmonious relations and friendship among nations,
peoples, groups and individuals, and a culture of peace, fostering
mutual understanding, solidarity, social justice and respect for all
human rights for all;
97. We underline the links between the
right to education and the struggle against racism, racial
discrimination, xenophobia and related intolerance and the essential
role of education, including human rights education and education
which is sensitive to and respects cultural diversity, especially
amongst children and young people, in the prevention and eradication
of all forms of intolerance and discrimination;
Provision
of effective remedies, recourse, redress, and compensatory and other
measures at the national, regional and international levels
98. We emphasize the importance and
necessity of teaching about the facts and truth of the history of
humankind from antiquity to the recent past, as well as of teaching
about the facts and truth of the history, causes, nature and
consequences of racism, racial discrimination, xenophobia and related
intolerance, with a view to achieving a comprehensive and objective
cognizance of the tragedies of the past;
99. We acknowledge and profoundly
regret the massive human suffering and the tragic plight of millions
of men, women and children caused by slavery, the slave trade, the
transatlantic slave trade, apartheid, colonialism and genocide, and
call upon States concerned to honour the memory of the victims of
past tragedies and affirm that, wherever and whenever these occurred,
they must be condemned and their recurrence prevented. We regret that
these practices and structures, political, socio-economic and
cultural, have led to racism, racial discrimination, xenophobia and
related intolerance;
100. We acknowledge and profoundly
regret the untold suffering and evils inflicted on millions of men,
women and children as a result of slavery, the slave trade, the
transatlantic slave trade, apartheid, genocide and past tragedies. We
further note that some States have taken the initiative to apologize
and have paid reparation, where appropriate, for grave and massive
violations committed;
101. With a view to closing those dark
chapters in history and as a means of reconciliation and healing, we
invite the international community and its members to honour the
memory of the victims of these tragedies. We further note that some
have taken the initiative of regretting or expressing remorse or
presenting apologies, and call on all those who have not yet
contributed to restoring the dignity of the victims to find
appropriate ways to do so and, to this end, appreciate those
countries that have done so;
102. We are aware of the moral
obligation on the part of all concerned States and call upon these
States to take appropriate and effective measures to halt and reverse
the lasting consequences of those practices;
103. We recognize the consequences of
past and contemporary forms of racism, racial discrimination,
xenophobia and related intolerance as serious challenges to global
peace and security, human dignity and the realization of human rights
and fundamental freedoms of many people in the world, in particular
Africans, people of African descent, people of Asian descent and
indigenous peoples;
104. We also
strongly reaffirm as a pressing requirement of justice that victims
of human rights violations resulting from racism, racial
discrimination, xenophobia and related intolerance, especially in the
light of their vulnerable situation socially, culturally and
economically, should be assured of having access to justice,
including legal assistance where appropriate, and effective and
appropriate protection and remedies, including the right to seek just
and adequate reparation or satisfaction for any damage suffered
as a result of such discrimination, as enshrined in numerous
international and regional human rights instruments, in particular
the Universal Declaration of Human Rights and the International
Convention on the Elimination of All Forms of Racial Discrimination;
105. Guided by the principles set out
in the Millennium Declaration and the recognition that we have a
collective responsibility to uphold the principles of human dignity,
equality and equity and to ensure that globalization becomes a
positive force for all the world’s people, the international
community commits itself to working for the beneficial integration of
the developing countries into the global economy, resisting their
marginalization, determined to achieve accelerated economic growth
and sustainable development and to eradicate poverty, inequality and
deprivation;
106. We emphasize that remembering the
crimes or wrongs of the past, wherever and whenever they occurred,
unequivocally condemning its racist tragedies and telling the truth
about history are essential elements for international reconciliation
and the creation of societies based on justice, equality and
solidarity;
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
107. We underscore the need to design,
promote and implement at the national, regional and international
levels strategies, programmes and policies, and adequate legislation,
which may include special and positive measures, for furthering equal
social development and the realization of the civil and political,
economic, social and cultural rights of all victims of racism, racial
discrimination, xenophobia and related intolerance, including through
more effective access to the political, judicial and administrative
institutions, as well as the need to promote effective access to
justice, as well as to guarantee that the benefits of development,
science and technology contribute effectively to the improvement of
the quality of life for all, without discrimination;
108. We recognize the necessity for
special measures or positive actions for the victims of racism,
racial discrimination, xenophobia and related intolerance in order to
promote their full integration into society. Those measures for
effective action, including social measures, should aim at correcting
the conditions that impair the enjoyment of rights and the
introduction of special measures to encourage equal participation of
all racial and cultural, linguistic and religious groups in all
sectors of society and to bring all onto an equal footing. Those
measures should include measures to achieve appropriate
representation in educational institutions, housing, political
parties, parliaments and employment, especially in the judiciary,
police, army and other civil services, which in some cases might
involve electoral reforms, land reforms and campaigns for equal
participation;
109. We recall the importance of
enhancing international cooperation to promote (a) the
fight against racism, racial discrimination, xenophobia and
related intolerance; (b) the effective implementation by States of
international treaties and instruments that forbid these practices;
(c) the goals of the Charter of the United Nations in this
regard; (d) the achievement of the goals established by the
United Nations Conference on Environment and Development held in Rio
de Janeiro in 1992, the World Conference on Human Rights held in
Vienna in 1993, the International Conference on Population and
Development held in Cairo in 1994, the World Summit for Social
Development held in Copenhagen in 1995, the Fourth World Conference
on Women held in Beijing in 1995, the United Nations Conference on
Human Settlements (Habitat II) held in Istanbul in 1996;
and the World Food Summit held in Rome in 1996, making sure that
such goals encompass with equity all the victims of racism, racial
discrimination, xenophobia and related intolerance;
110. We recognize the importance of
cooperation among States, relevant international and regional
organizations, the international financial institutions,
non-governmental organizations and individuals in the worldwide fight
against racism, racial discrimination, xenophobia and related
intolerance, and that success in this fight requires specifically
taking into consideration the grievances, opinions and demands of the
victims of such discrimination;
111. We reiterate that the
international response and policy, including financial assistance,
towards refugees and displaced persons in different parts of the
world should not be based on discrimination on the grounds of race,
colour, descent, or national or ethnic origin of the refugees and
displaced persons concerned and, in this context, we urge the
international community to provide adequate assistance on an
equitable basis to host countries, in particular to host developing
countries and countries in transition;
112. We recognize the importance of
independent national human rights institutions conforming to the
Principles relating to the status of national institutions for the
promotion and protection of human rights, annexed to
General Assembly resolution 48/134 of 20 December 1993,
and other relevant specialized institutions created by law for the
promotion and protection of human rights, including ombudsman
institutions, in the struggle against racism, racial discrimination,
xenophobia and related intolerance, as well as for the promotion of
democratic values and the rule of law. We encourage States, as
appropriate, to establish such institutions and call upon the
authorities and society in general in those countries where they are
performing their tasks of promotion, protection and prevention to
cooperate to the maximum extent possible with these institutions,
while respecting their independence;
113. We recognize the important role
relevant regional bodies, including regional associations of national
human rights institutions, can play in combating racism, racial
discrimination, xenophobia and related intolerance, and the key role
they can play in monitoring and raising awareness about intolerance
and discrimination at the regional level, and reaffirm support for
such bodies where they exist and encourage their establishment;
114. We recognize the paramount role of
parliaments in the fight against racism, racial discrimination,
xenophobia and related intolerance in adopting appropriate
legislation, overseeing its implementation and allocating the
requisite financial resources;
115. We stress the importance of
involving social partners and other non-governmental organizations in
the design and implementation of training and development programmes;
116. We recognize the fundamental role
of civil society in the fight against racism, racial discrimination,
xenophobia and related intolerance, in particular in assisting States
to develop regulations and strategies, in taking measures and action
against such forms of discrimination and through follow-up
implementation;
117. We also recognize that promoting
greater respect and trust among different groups within society must
be a shared but differentiated responsibility of government
institutions, political leaders, grass-roots organizations and
citizens. We underline that civil society plays an important role in
promoting the public interest, especially in combating racism, racial
discrimination, xenophobia and related intolerance;
118. We welcome the catalytic role that
non-governmental organizations play in promoting human rights
education and raising awareness about racism, racial discrimination,
xenophobia and related intolerance. They can also play an important
role in raising awareness of such issues in the relevant bodies of
the United Nations, based upon their national, regional or
international experiences. Bearing in mind the difficulties they
face, we commit ourselves to creating an atmosphere conducive to the
effective functioning of human rights non-governmental organizations,
in particular anti-racist non-governmental organizations, in
combating racism, racial discrimination, xenophobia and related
intolerance. We recognize the precarious situation of human rights
non-governmental organizations, including anti-racist
non-governmental organizations, in many parts of the world and
express our commitment to adhere to our international obligations and
to lift any unlawful barriers to their effective functioning;
119. We encourage the full
participation of non-governmental organizations in the follow-up to
the World Conference;
120. We recognize that international
and national exchange and dialogue, and the development of a global
network among youth, are important and fundamental elements in
building intercultural understanding and respect, and will contribute
to the elimination of racism, racial discrimination, xenophobia and
related intolerance;
121. We underline the usefulness of
involving youth in the development of forward looking national,
regional and international strategies and in policies to fight
racism, racial discrimination, xenophobia and related intolerance;
122. We affirm that our global drive
for the total elimination of racism, racial discrimination,
xenophobia and related intolerance is undertaken, and that the
recommendations contained in the Programme of Action are made, in a
spirit of solidarity and international cooperation and are inspired
by the purposes and principles of the Charter of the United Nations
and other relevant international instruments. These recommendations
are made with due consideration for the past, the present and the
future, and with a constructive and forward looking approach. We
recognize that the formulation and implementation of these
strategies, policies, programmes and actions, which should be carried
out efficiently and promptly, are the responsibility of all States,
with the full involvement of civil society at the national, regional
and international levels.
iFor
the purpose of this Declaration and Programme of Action, it was
understood that the term “gender” refers to the two sexes,
male and female, within the context of society. The term “gender”
does not indicate any meaning different from the above.
iiReference
should be made to chapter VII of the report of the Conference,
which lists all the reservations to and statements on the
Declaration and the Programme of Action.
