UNITED
NATIONS
A
Symbol \* MERGEFORMAT A/CONF.211/PC/RPM/2/L.1
 General Assembly Distr. Distr. \* MERGEFORMAT General
Date \* MERGEFORMAT 11 August 2008
Arabic, English and French only

Durban Review Conference
Regional Preparatory Meeting for 
Africa for the Durban Review Conference
Abuja, 24–26 August 2008
Item 5 of the provisional agenda
Issues arising from the objectives of the Review Conference 

Preliminary document of the African Regional Conference Preparatory to the Durban Review Conference
Draft proposal submitted by South Africa 
We, the African Regional Conference, having met in Abuja from 24 to 26 August 2008 in the framework of the review of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban, South Africa, in 2001, hereby issue the following Declaration and Programme of Action:
Underlining the importance of the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which constitutes a solid foundation for the elimination of all scourges and manifestations of racism, racial discrimination, xenophobia and related intolerance,
Underlining also the importance of the Dakar Declaration and Programme of Action adopted at the Regional Conference for Africa held in Dakar, Senegal, in January 2001,
Expressing sincere appreciation to the Government of Nigeria for hosting the present African regional preparatory meeting, 
Recalling the values and principles of human dignity and equality enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights and all other related international instruments,
Recalling also the great importance that African peoples attach to the values of solidarity, tolerance and multiculturalism, which constitute the moral ground and the inspiration for our struggle against racism, racial discrimination, xenophobia and related intolerance, and the inhuman tragedies which Africa has suffered for too long,
		Reaffirming the principles of equal rights and self-determination of peoples and recalling that all individuals are born equal in dignity and rights, and 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,
		Expressing deep alarm at the sharp increase in xenophobic tendencies and intolerance towards various racial and religious groups and cultures, where people belonging to minorities, migrants, refugees, asylum-seekers and illegal migrants are the worst affected victims of such tendencies and associated acts, 
Recognizing that poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, xenophobia and related intolerance,
Regretting the alarming signs of regression in efforts to combat racism, racial discrimination and xenophobia, particularly the upsurge in racist violence, and recognizing the crucial importance of political will in the refusal to trivialize racism, xenophobia and intolerance, the rejection of their use in politics and electoral campaigns, and the systematic combating of racist and xenophobic political platforms,
Recognizing that racism, racial and ethnic discrimination, xenophobia and related intolerance affect women differently from men, aggravating their living conditions and generating multiple forms of violence, thus limiting or denying their enjoyment of their human rights, 
		Emphasizing the need, more urgent than ever before, to combat and end impunity for acts of racism, racial discrimination, xenophobia and related intolerance, and to enable all relevant human rights mechanisms to pay attention to that issue so as to prevent the recurrence of such acts,
Stressing the need to summon and sustain political will at the national, regional and international levels, in order to combat racism, racial discrimination, xenophobia and related intolerance, taking into account the commitments enshrined in the Durban Declaration and Programme of Action, and recalling the importance of enhancing national action and international cooperation to that end,
Paying tribute to countries and personalities who lent their valuable support to Africa during its struggle against institutionalized racism, colonialism and apartheid, acknowledging the suffering caused by colonialism, and affirming that, wherever and whenever it occurred, it must be condemned and its reoccurrence prevented,
		Acknowledging the important role of African and international non-governmental organizations, the media, national institutions and civil society in the fight against racism and encouraging them to intensify their endeavours in that respect,
		Recalling the decision of the Heads of State of the African Union on the Commemoration of the Abolition of Slavery, 
		Reaffirming the historical fact that the most hideous manifestations of racial discrimination that the continent of Africa and the African diaspora have suffered, namely the slave trade, all forms of exploitation, colonialism and apartheid, were essentially motivated by economic objectives and competition between colonial Powers for strategic territorial gains, and for the appropriation of, control over and pillage of natural and cultural resources, 
		Recognizing the enduring and tragic impact of the slave trade, which is a crime against humanity, particularly the African people and its successive generations,
		Recalling United Nations General Assembly resolution 61/19 of 28 November 2006,  commemorating the twohundredth anniversary of the abolition of the transatlantic slave trade, which acknowledges that the slave trade and the legacy of slavery are at the heart of situations of profound social and economic inequality, hatred, bigotry, racism and prejudice that continue to affect people of African descent, 
		Recalling further resolution 62/122 of 17 December 2007, by which the General Assembly decided to designate 25 March as an annual International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade, beginning in 2008, as a complement to the existing International Day for the Remembrance of Slave Trade and its Abolition, 
		Reaffirming the recommendation of the Working Group of Experts on People of African Descent that the question of reparations be included in the Durban Review Conference,
		Recalling article 5 of the African Charter on Human and Peoples’ Rights, which affirms: “Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited”, 
		Acknowledging the historic responsibility of Africans everywhere in the world to celebrate the abolition of slavery as part of their historical legacy in order to ensure that this tragic blot on human history is not forgotten and can never recur,
		Reiterating that all individual human rights violations and collective violations such as racial discrimination should be condemned and appropriate remedies provided,
		Affirming that, by enhancing victims’ right to benefit from international recognition and protection of their right to remedies and reparation, the international community strengthens its credibility in the cause of human rights, shows faith and human solidarity with victims, survivors and future human generations and reaffirms the principles of the equality and dignity of all human beings, accountability, justice and the rule of law,
		Emphasizing that the victims’ right to access to justice is of special importance to victims of racial discrimination in the light of their vulnerable situation, socially, culturally and economically, and that the principle of equality of victims in legal systems is meaningless unless it is accompanied by affirmative action,
		Emphasizing also the importance of demonstrating goodwill to humanity and the primacy of reconciliation by taking concrete measures towards the implementation of key issues of concern to the victims of racism, racial discrimination, xenophobia and related intolerance, which relate to the restoration of their dignity and equality as envisaged in paragraphs 98–106 of the Durban Declaration,
Regretting that the commitments made in paragraphs 157 and 158 of the Durban Programme of Action remain unfulfilled, 
Calling upon the Durban Review Conference to address the issue of reparations for people of African descent with reference to paragraphs 164, 165 and 166 of the Durban Programme of Action,
Recalling decision 3/103 of the Human Rights Council by which, heeding the decision and instruction of the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, it established the Ad Hoc Committee of the Human Rights Council on the Elaboration of Complementary Standards, to prepare complementary international standards to strengthen and update international instruments against racism, racial discrimination, xenophobia and related intolerance in all their aspects,
Regretting that weak legislation and the absence of appropriate policies and programmes to tackle racism and racial discrimination persist at the national level;
Regretting further the erosion, in some parts of the world, of the established international legal framework, as well as other international commitments, in the field of combating racism, racial discrimination, xenophobia and related intolerance; 
Expressing concern at the persisting impunity for acts of racism, racial discrimination, xenophobia and related intolerance;

Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance
A.	Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance 
B.	Victims of racism, racial discrimination, xenophobia and related intolerance 
C.	Measures of prevention, education and protection aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at all levels 
D.	Provision of effective remedies, recourse, redress, and compensatory and other measures at all levels 
E.	Strategies to achieve full and effective equality, including international cooperation and enhancement of the united nations and other international mechanisms in combating racism, racial discrimination, xenophobia and related intolerance
Emphasizes the need for States to adopt educational and practical strategies, in addition to legal measures, in fighting racism;  
Emphasizes also the need to achieve racial equality, in particular with regard to participation in political life and the economic, social and cultural situation of the individuals and various groups and communities in a given society;
Calls upon States to report to the Human Rights Council on measures taken to quell the elaboration and implementation of racist political programmes, and to establish specific national mechanisms to verify that the programmes of political parties are not based on racist ideas or motivations;
Emphasizes the urgent need to address the scourges of anti-Semitism, Christianophobia, and Islamophobia as contemporary forms of racism as well as racial and violent movements based on racism and discriminatory ideas directed at African, Arab, Christian, Jewish, Muslim and other communities; 
Stresses the need for an assessment to be conducted by the Human Rights Council and the Committee on the Elimination of Racial Discrimination on the extent to which racist phenomena are addressed through the implementation of specific laws, and underlines the importance of establishing national mechanisms with a view to specifically examining those phenomena;
Welcomes the convening of the first part of the first session of the Ad Hoc Committee on the Elaboration of Complementary Standards in February 2008, and requests the Ad Hoc Committee, at the second part of its first session, to heed, as a matter of priority, the instruction and decision of the World Conference against Racism on the elaboration, as a matter of priority and necessity, of complementary standards in the form of either a convention or additional protocol(s) to the International Convention on the Elimination of All Forms of Racial Discrimination to fill existing gaps in the Convention and provide new normative standards aimed at combating all forms of contemporary racism, including incitement to racial and religious hatred; 
Stresses the need to assess the progressive contribution of civil society organizations to combating racism, racial discrimination, xenophobia and related intolerance, and ways and means of enhancing the role of civil society in that regard;
Reaffirms that the basic premise of the protection of human rights is respect for the human dignity and integrity of all individuals, regardless of their racial, ethnic, religious, gender or group affiliations, and expresses concern at the growing negative impact of the trivialization of racism, xenophobia and intolerance;
Invites States, in their national policies, to promote cultural and religious dialogue that is conducive to the promotion of international peace and security; 
Urges States to link the fight against racism, discrimination and xenophobia with the political and constitutional recognition of, the legal respect for and the promotion of, multiculturalism through education, information and communication;
Reiterates strongly that freedom of religion or belief, freedom of opinion and expression, and nondiscrimination are interdependent, and stresses the need to strengthen the process of effectively adjudicating cases associated with incitement to religious hatred under article 20 of the International Covenant on Civil and Political Rights and other analogous instruments;
Underlines the importance of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief proclaimed by the General Assembly in its resolution 36/55 of 25 November 1981;
Calls upon States to avoid inflexibly clinging to free speech in defiance of the sensitivities existing in a society and with absolute disregard for religious feelings;
Reiterates that it is critical for Governments and the judiciary to ensure that acts that constitute incitement under article 20 of the International Covenant on Civil and Political Rights are closely monitored and do not enjoy impunity;
Urges the Human Rights Committee to clarify the scope and content of article 20 of the International Covenant on Civil and Political Rights with the aim, among other things, of defining an appropriate threshold for enacting relevant legislation;
Also urges  States, as a matter of priority:
To demonstrate a firm political will to combat the rise in racial discrimination and religious intolerance, and to promote mutual respect and understanding of cultural diversity;
To punish the violent racist and xenophobic activities of neo-Nazi groups in accordance with pertinent international instruments;
To pay special attention to the political use of discrimination and xenophobia, notably the ideological and electoral permeation of racist and xenophobic platforms into the programmes of democratic parties;
Requests the Human Rights Council to invite religious and cultural communities to promote an in-depth intercultural and interreligious dialogue, including on joint actions on issues at the core of their faith, such as peace, human rights and development, and by analysing the internal factors in their beliefs, practices and relationships that may have contributed to incitement to religious hatred;
Invites the Human Rights Committee and the Committee on the Elimination of Racial Discrimination to adopt a joint general comment on article 20 of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination further clarifying and defining, inter alia, States’ obligations thereunder and the threshold beyond which an act constitutes a violation thereof, bearing in mind general comment 11 of the Human Rights Committee and general recommendation 15 of the Committee on the Elimination of Racial Discrimination; 
Urges States to honour their obligations, pursuant to pertinent international instruments, to give priority to combating racism, discrimination, xenophobia and intolerance;
Calls upon States to pay attention to the serious nature of incitement to religious hatred, such as anti-Semitism, Christianophobia and, more particularly, Islamophobia, and to promote the fight against those phenomena by strengthening interreligious and intercultural dialogue concerning the common ethics of all religions;
Calls also upon States to wage a systematic campaign against incitement to racial and religious hatred and to respect the complementarity of all the freedoms embodied in the International Covenant on Civil and Political Rights;
Emphasizes the importance of developing at the national and international levels an intellectual front and other practical measures to confront racism and, consequently, combating, inter alia, through education, scientific research and information ideas, concepts and images likely to cause incitement to or to legitimize racism, racial discrimination or xenophobia;
Urges States to adopt comprehensive measures on immigration, asylum and the situation of foreigners and national minorities that are based on international law and relevant instruments, including the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families and the Durban Programme of Action, which attach priority to respect for their rights;
Stresses the seriousness of the rise in racist and xenophobic manifestations and practices at points of entry to countries, reception areas and waiting areas, and also stresses that it is inhuman and degrading that such areas are “no-rights zones” for non-citizens in general and for immigrants and asylum-seekers in particular;
Emphasizes the seriousness and depth of the resurgence of manifestations of racism and xenophobia, both old and new, and stresses that a vigorous and consensual response from the international community is, therefore, urgently needed;
Reiterates that the Durban Programme of Action constitutes the most detailed response to those phenomena to date and underlines the importance of the Durban review process supplementing the Durban Declaration and Programme of Action in all the areas in which differences were expressed following the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance;
Calls upon the Durban Review Conference to demonstrate the political will to confront those phenomena, and acknowledges that a failure of the Durban review process would, above all, pave the way for intensification of worrying racist and xenophobic trends, namely, the upsurge in racist violence, the political use of racism and its intellectual legitimization;
Reiterates its concern about the plight of the Palestinian people under foreign occupations, urges respect for international human rights law and international humanitarian law, and calls for a just, comprehensive and lasting peace in the region; 
Reiterates further the importance of the Office of the United Nations High Commissioner for Human Rights continuing to support those African States that are in the process of establishing national institutions by providing training and resources, and strongly advises African States that have not yet done so to consider establishing effective and independent national institutions for the promotion and protection of human rights;
Recommends that States establish mechanisms whereby disaggregated information may be collected effectively on health, education, access to housing, employment, treatment in the criminal justice system, political participation and representation, as regards people of African descent, and that such information provide the basis for the creation and monitoring of policies and practices that address any discrimination found;
Urges the Office of the High Commissioner for Human Rights to provide guidelines and support on the collection of disaggregated information to those States that request them;
Recommends that States take measures to ensure that the disproportionately low levels of representation of people of African descent in the judiciary and other areas of the justice system be addressed, and calls upon States to identify factors that have resulted in the disproportionate number of arrests, sentencing and incarceration of people of African descent, particularly young men, and to take immediate and appropriate measures to eliminate those factors and to adopt crime-prevention strategies and programmes that include alternatives to incarceration;
Recommends also that States and international and regional organizations establish independent bodies, where they do not already exist, to receive complaints made by people of African descent of discrimination in access to housing, education, health, employment and other fundamental rights;
Reiterates its call to States and encourages the private sector to promote the development by the media, taking into account their independence, of a voluntary ethical code of conduct and self-regulatory measures;
Takes note of the important role the United Nations system and its relevant specialized agencies, such the United Nations Educational, Scientific and Cultural Organization,  the International Labour Organization, the World Health Organization and others, in helping States to enhance their capacity to implement the Durban Programme of Action, and invites the United Nations system and its relevant specialized agencies to exert maximum effort in providing targeted technical assistance and cooperation; 
Recommends that States guarantee universal and effective access to medications, particularly those required for the prevention and treatment of HIV/AIDS, malaria, tuberculosis and other pandemics;
Recommends also that the United Nations create a fellowship programme for people of African descent;
Reiterates to States the importance of abolishing and prohibiting any discrimination within their jurisdiction, criminalizing racial profiling, envisaging sanctions for those who violate the law and ensuring effective remedies for victims;
Draws attention to the impact of counter-terrorism measures on the rise of racism, racial discrimination, xenophobia and related intolerance, including the practice of racial, ethnic, national and religious profiling;
Reiterates the importance of the recommendation made by the Five Independent Eminent Experts to follow up on the Implementation of the Durban Declaration and Programme of Action that a racial equality index be developed as a tool to assess more effectively discrimination that affects people of African descent and other vulnerable groups and to guide the adoption of policies to remedy their situation;
Stresses the need to assess the present situation and contribute to achieving racial equality, including through the collection and use of disaggregated statistics on various groups, the development of guidelines in that regard and the finalization of the racial equality index;
Expresses the view that States and other actors may require guidance and assistance to establish or improve national policy frameworks, administrative structures and practical measures to give effect to the Durban Programme of Action;
Emphasizes the need for the United Nations system and its relevant specialized agencies to provide targeted technical cooperation to enhance the effective implementation of the Durban Programme of Action;
Urges States that have not done so to issue expeditiously formal apologies to the victims of past and historic injustices and to take all measures necessary to achieve healing and reconciliation;

Assessment of the effectiveness of existing Durban Declaration and Programme of Action follow-up mechanisms and other United Nations mechanisms dealing with the issue of racism, racial discrimination, xenophobia and related intolerance, in order to enhance them
Acknowledges the significant role played by the Durban Declaration and Programme of Action follow-up mechanisms and stresses the importance of creating the necessary synergies between them;
Urges the Office of the High Commissioner on Human Rights and States at the national level to continue to raise awareness of and bring visibility to those mechanisms through campaigns;
Calls upon the Human Rights Council to grant those mechanisms increased competence in the area of follow-up, such as the power to submit additional requests for information on the implementation of recommendations and follow-up visits;
Urges the direct and explicit endorsement of the recommendations of the Durban Declaration and Programme of Action followup mechanisms in General Assembly and Human Rights Council resolutions thus giving those recommendations added political weight;
Stresses the importance of mainstreaming the output of the Durban Declaration and Programme of Action follow-up mechanisms throughout the United Nations system, in particular its specialized agencies, such as the Office of the United Nations High Commissioner for Refugees and the United Nations Educational, Scientific and Cultural Organization;
Stresses also the importance of incorporating the relevant recommendations in new international standards to be developed in the area of racism, racial discrimination, xenophobia and related intolerance;
Notes the necessity of enhancing the participation of civil society organizations and of victims of racism in meetings of the Durban Declaration and Programme of Action followup mechanisms;
Recommends that a fund be created to facilitate the participation of civil society organizations that represent people of African descent and non-governmental organizations in the meetings and activities of the Working Group of Experts on People of African Descent;
Emphasizes the need to establish a voluntary fund to benefit the participation of nongovernmental organizations in meetings of the Working Group;
Reiterates its request to the Human Rights Council for the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to gather, request, receive and exchange information and communications with all relevant sources on issues and alleged violations falling within the purview of his or her mandate, and to investigate and make concrete recommendations with a view to eliminating all forms and manifestations of racism, racial discrimination, xenophobia and related intolerance;
Urges that the provisions of United Nations General Assembly resolutions 61/19 and 62/122 on the transatlantic slave trade be fully integrated into the mandates of the Durban Declaration and Programme of Action follow-up mechanisms;
Recognizes that a major accomplishment of the Durban World Conference against Racism was its profound analysis of the historical roots of modern racism emerging from the slave trade era with lasting consequences for large groups of people and its agreement on qualifying the slave trade as a crime against humanity, and regrets that no followup to those accomplishments has been undertaken by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action;
Promotion of the universal ratification and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and proper consideration of the recommendations of the Committee on the Elimination of Racial Discrimination
Notes with concern the refusal to cooperate or engage with the Durban Declaration and Programme of Action follow-up mechanisms, and the non- implementation of their recommendations and lack of acceptance of follow-up measures;
Regrets that the universal ratification of the International Convention on the Elimination of All Forms of Racial Discrimination was not  attained by the year 2005 in accordance with commitments under the Durban Declaration and Programme of Action;
Encourages those States that have not yet done so to accede to the International Convention on the Elimination of All Forms of Racial Discrimination as soon as possible;
Recommends that States consider measures to strengthen implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order;
Urges States as a matter of priority seriously to consider withdrawing all reservations and interpretative statements that are incompatible with the object and purpose of the International Convention on the Elimination of All Forms of Racial Discrimination;
Encourages States to make the declaration under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination recognizing the competence of the Committee on the Elimination of Racial Discrimination to receive and consider communications to enable victims to avail themselves of the remedy provided under article 14 of the Convention;
Invites those States Parties that have made the declaration under article 14 to increase awareness of the Convention among the people in their territories and to ensure that the procedural aspects are understood and adhered to;
Recommends granting the Committee on the Elimination of Racial Discrimination the competence to undertake field visits as well as to assume a role in assisting national mechanisms mandated to combat racism and racial discrimination;
Emphasizes strongly the need to enhance follow-up to the implementation of the recommendations of the Committee, including those pertaining to States’ obligations in situations of armed conflict and territories falling under their effective control where protection provided by international law is at its weakest level;
Recommends that the Committee undertake more responsibility in providing technical assistance to States Parties, upon their request, in relation to the interpretation of the scope of the Convention;
Invites States to include in their periodic reports information on action plans or other measures they have taken to implement the Durban Declaration and Programme of Action at the national level;
Calls upon States to disseminate the Durban Declaration and Programme of Action in an appropriate manner and provide the Committee with information on efforts in that respect under the section of their periodic reports concerning article 7 of the Convention;
Urges States Parties to the Convention to comply with their reporting obligations under the Convention by presenting reports in a timely manner in conformity with the relevant guidelines adopted by the Committee in 2007; 
Emphasizes the importance of setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow up the concluding observations and general recommendations of the Committee;
Encourages national human rights institutions to assist their respective States to comply with their reporting obligations, and to monitor closely the follow-up to the concluding observations and recommendations of the Committee; 
Urges non-governmental organizations to continue to provide the Committee with relevant information in a timely manner in order to enhance its cooperation with them;
Reiterates its request to the Office of the High Commissioner for Human Rights to continue its efforts to increase awareness of the work of the Committee;
Invites relevant United Nations bodies to provide the Committee with adequate resources to enable it to discharge its mandate fully;

Identification and sharing of best practices achieved at the national, regional and international levels in the fight against racism, racial discrimination, xenophobia and related intolerance 
Recognizes that a broad, global exchange of good practices in combating racism could serve as examples and assist States, the judiciary, social partners and civil society to implement more effectively the provisions of the Durban Declaration and Programme of Action and recommends the following best practices:
Elaborating democratic and inclusive processes to overcome centuriesold racism and racial discrimination, including the establishment of national truth and reconciliation committees and schemes aimed at empowering the victims of such discrimination;
Issuing formal apologies to victims of historic injustices as a means of achieving healing and reconciliation in societies and redressing the impact of such injustices;
Devising legislation and policies that are specific to combating racism, racial discrimination, xenophobia and related intolerance at the national level, to complement the more general provisions enshrined in national constitutions;
Establishing institutions at the national and regional levels to combat racism and monitor racist acts and phenomena;
Elaborating specific laws on combating incitement to racial and religious hatred, in conformity with obligations under article 20 of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination;
Issuing  laws on the protection of particularly vulnerable groups and, as required and on a non-selective basis, laws that seek to protect particular groups more susceptible, in certain contexts, to racism;
Establishing official ministries and institutions with the function of promoting tolerance and intercultural dialogue;
Introducing educational curricula aimed at raising awareness of different cultures and civilizations with a fair and objective perspective;
Commemorating within the United Nations and beyond the plight of victims of historic injustices;
Domesticating obligations under the International Convention on the Elimination of All Forms of Racism;
Conducting broad consultations at the national level in the implementation of the Durban Declaration and Programme of Action;
Recruiting for various posts at all levels through affirmative action schemes;
Devising special laws and policies to confront the ideologies and practices of extreme right wing groups;
Calls upon the Office of the High Commissioner for Human Rights to produce a series of best practices in areas such as access to housing, education, health, employment and institutional and legal frameworks pertaining to people of African descent;
Calls also upon the Office of the High Commissioner for Human Rights, the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization and other relevant organizations to develop databases and effective dissemination of good practices;

Further concrete measures and initiatives and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the Durban Declaration and Programme of Action and to address challenges and impediments thereto, including in the light of developments since the adoption of the Declaration and Programme of Action in 2001
1.	Normative measures and other practical solutions
Prohibiting by law, and adopting the necessary policy measures to eliminate racial profiling and profiling based on any grounds of discrimination recognized under international human rights law, envisaging sanctions for those who violate the law and ensuring effective remedies for the victims;  
Prohibiting by law and adopting necessary policy measures to combat the dissemination of all ideas based upon racial superiority or hatred and incitement to hatred;
Ensuring, in relation to the two above-mentioned themes: 
	That lawmakers in every country discharge their responsibilities in conformity with article 20 (2) of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, taking due account of General Comment 15 of the Committee on the Elimination of Racial Discrimination; 
That model legislation on this issue is elaborated through a joint exercise to be undertaken by the Committee on the Elimination of Racial Discrimination and the Human Rights Committee;
That permissible limitations on the exercise of the right to freedom of expression are codified;
That a voluntary ethical code of conduct is elaborated, in association with the International Federation for Journalists, to address racism in the media and other modern information and communication technologies while taking into account fundamental issues, such as the right to freedom of expression, and to eliminate the projection and perpetuation through the media and new technologies of negative images and stereotypes of African people and people of African descent;
Establishing the necessary complementarity and balance between human rights and fundamental freedoms with a view to fighting racism, racial discrimination, xenophobia and related intolerance;
2.	Preventive measures to foster the implementation of the Durban Declaration and Programme of Action
Combating impunity for acts of racism, racial discrimination, xenophobia and related intolerance, and maximizing remedies for victims of those violations;
Advocating and mobilizing the political will of relevant actors at the national level for the elimination of racism, racial discrimination, xenophobia and related intolerance;
Enhancing the roles of cultural diversity and human rights education in promoting tolerance and preventing racism, racial discrimination, xenophobia and related intolerance;
Sharing best practices in the elimination of all forms and manifestations of racism, racial discrimination, xenophobia and related intolerance;
Establishing national, regional and international bodies to monitor racist and xenophobic acts, including the Office of the High Commissioner for Human Rights observatory for racist incidents proposed by the Special Rapporteur on racism. Those bodies should also undertake a detection role in relation to potential conflict based on racism and racial discrimination;
Collecting and analysing empirical evidence necessary to the prevention and monitoring of racism, racial discrimination, xenophobia and related intolerance;
Operationalizing the recommendation of the Special Rapporteurs on racism and freedom of religion that the Human Rights Council invite member States to promote and practise dialogue between cultures, civilizations and religions as a profound way of combating racial and religious intolerance. To that end, the following approaches are suggested:
Promotion of reciprocal knowledge between cultures, civilizations and religions, with a particular emphasis on value systems;
Adoption of policies and programmes in the fields of education, social, economic and cultural life favouring interactions between communities;
Recognition of the value of cultural and religious diversity associated with the promotion of unity within society; 
Creation of conditions that facilitate encounters, dialogue and joint action for social harmony, peace, human rights and development, and combat all forms of racism, discrimination and xenophobia;
Elaborating, in each country where they do not exist, within the framework of national human rights programmes, targets and actions in the field of capacity-building and a programme of human rights education and identification of needs and shortcomings associated with international cooperation;
Defining, within the framework of national human rights programmes, targets and actions in compliance with the Universal Declaration of Human Rights, among other things, to eliminate discrimination of any kind, such as on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;
Devising programmes and the creation of national institutions responsible for human rights issues in accordance with the Vienna Declaration and Programme of Action of 1993 and the Paris Principles.


________________
 	In its capacity as coordinator of the group of African countries accredited to the United Nations Office at Geneva 

 	CERD/C/2007/1



				









Symbol \* MERGEFORMAT A/CONF.211/PC/RPM/2/L.1

Symbol \* MERGEFORMAT A/CONF.211/PC/RPM/2/L.1

2

11

K0841508     200808
For reasons of economy, this document is printed in a limited number. Delegates are kindly requested to bring their copies to meetings and not to request additional copies. 




Word.Picture.8