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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 gender [1]
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,[2]
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.
Notes
[1]
For 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.
[2] Reference
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.
Programme of Action of the 2001 World Conference Against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, Declaration.
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