Compilation of paragraphs proposed during the 6th and 7th meetings held on 8 October 2008 (p.m.) and 9 October 2008 (a.m. 
or subsequently in writing) for use in the drafting process of 
the outcome document of the Durban Review Conference 

(Paragraphs re-arranged as suggested by the facilitator)



SECTION ONE
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



Facilitator: Mr. Osita Anaedu (Nigeria)


TABLE OF CONTENTS


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* Where asterisks occur in the text, it denotes that Member States will propose language

A. Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

Considering that the poverty and social exclusion affecting various sectors of society in the countries of our region are cross-cutting themes relating to the various forms of discrimination, such as by ethnic or racial origin, gender or disability,
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;
Reiterate that historical injustices have undeniably contributed to the poverty, underdevelopment, marginalization, social exclusion, economic disparities, instability and insecurity that affect many people in different parts of the world, in particular in developing countries and emphasize the need to develop programmes for the social and economic development of these societies and the Diaspora, within the framework of a new partnership based on the spirit of solidarity and mutual respect, in the following areas:
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, in the light thereof, urgently needed;
Also acknowledges the existence of manifestations of xenophobia that require special attention from the authorities;
Further acknowledges the obligation upon the authorities to take action to prevent and eradicate practices and manifestations of xenophobia;
Reaffirms the need to reject and condemn all manifestations of racism, racial intolerance, xenophobia and related intolerance in all parts of the world and to combat those manifestations wherever they occur;
Stresses that the issue of contemporary forms of slavery needs to be given greater prominence and priority if these practices are to be eradicated once and for all;
Expresses concern at the manifestations of violence, racism, racial discrimination, xenophobia and other forms of intolerance and inhuman and degrading treatment against migrants, especially women and children, in different parts of the world;
Acknowledges the importance of making progress in eradicating the manifestations of racist and xenophobic behaviour and in respecting human dignity at borders of countries, particularly during the performance of border check;
Deplores the persistence in some parts of the world of xenophobic attitudes and negative stereotyping of non-citizens including by law enforcement officials and in the media, that have led to xenophobic violence and killings targeting refugees and migrants;
Recognizes with deep concern the ongoing manifestations of racism, racial discrimination, xenophobia and related intolerance, including violence, against Roma/Gypsies/Sinti/Travellers, and, conscious of the very specific situation faced by them, invites States to use all means to improve their inclusion and to strengthen efforts to prevent and combat discrimination against them; 
Express deep concern at the persistence of manifestations of racism, racial discrimination, xenophobia and related intolerance, including violence, against Roma/Gypsies/Sinti/Travellers and emphasize the urgent need to develop effective policies and implementation mechanisms for their full achievement of equality;
Noting, however, the continued existence of inequality and non compliance with specific obligations in the promotion and protection of equality at the national, regional and international levels,
Recognize that colonialism and slavery have been the prime sources and manifestation of racism, racial discrimination, xenophobia and related intolerance and the people of Asian decent were victims of colonialism and continue to be victims of its consequences; 
Reiterates that slavery and the transatlantic slave trade are, and should always have been, a crime against humanity; notes that the transatlantic slave trade has contributed to the modern-day legacy of the alienation, poverty and social exclusion of peoples of African descent, and calls upon States to take urgent action to make available actual and fitting resources, compensation, redress and other measures at the national, regional and international levels for peoples of African descent;
Condemns the fact that slavery and slavery-like practices still exist today in some parts of the world;
Recall that:
(a) slavery and slave trade are a crime against humanity and should always have been so, and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance; 
(b) colonialism has led to racism, racial discrimination, xenophobia and related intolerance;  
(c) appreciate the few expressions of regret or remorse or apologies or payment of reparations or restitution of cultural artifacts that have been forthcoming in the past eight years since the adoption of the DDPA;
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;
(The 2007 progress report to the GA presented by Independent Expert for the SG Study on Violence against Children highlights how, although there were a number of initiatives aimed at addressing the root causes of violence, including discrimination, there continued to be a lack of data and research of violence against children and its root causes and the efforts to address violence against children continued to be mainly reactive, focusing on symptoms and consequences. Strategies to address underlying factors such as discrimination were still fragmented and with insufficient resources. Further, the Committee on the Rights of the Child and other treaty bodies, as well as special procedures have continued to highlight de facto and de jure discrimination against children belonging to vulnerable groups, including girls, children belonging to ethnic, religious, linguistic and other minorities, children with disabilities, children living with HIV/AIDS, children in need of alternative care, children living and/or working in the street, refugee or internally displaced children, migrant children or children of migrant parents, children in contact or in conflict with the law, indigenous children, etc.) * 
Emphasizes the urgent need to address the scourges of anti-Semitism, Islamophobia and Christianophobia 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 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;
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 and the political use of racism and its intellectual legitimization;
Regrets deeply the attempts at the intellectual and scientific legitimization of racism and in particular the revival of stereotypes against Africans;
Acknowledge that intellectual and political resistance to multiculturalism is one of the root causes of the resurgence of racist and xenophobic violence. Rejection of diversity has led to negation of the very humanity of the immigrants, foreigners and minorities. The most serious manifestation of racism is the democratic legitimization of racism and xenophobia in the guise of defending 'national identity or preference'. No country, religion or minority should be discriminated on the grounds of its race, colour and creed. 
Note that As regards the debate of contemporary forms of racism, some of the most worrying trends since 2001 include racio-religious profiling and discrimination, defamation of Muslims, their faith and beliefs, incitement to religious hatred and its concomitant effects on multiculturalism, national and international peace and stability as well as human rights of the affected communities. 
Agrees with the Special Rapporteur on Racism that defamation of religions cannot be dissociated from a profound reflection on the trends of racism, racial discrimination, xenophobia and related intolerance that are developing in the current political and ideological context. 
Shares the Special Rapporteur's assessment that the most serious manifestations of defamation of religions are the increase in Islamophobia and the worsening of the situation of Muslim minorities around the world. He has mentioned three main developments in this context; a) the stereotypical association of Islam (and Muslims) with violence and terrorism; b) the determination to impose restrictions on manifestation of Islam including construction of mosques and its minarets; and c) monitoring and surveillance of places of worship, culture and teaching of Islam. 
Recognizes with deep concern the overall rise in instances of intolerance and violence directed against members of many religious and other communities including religious minorities in various parts of the world, including cases motivated by Islamophobia, anti-Semitism and Christianophobia;
Acknowledges that the most disturbing phenomenon is the intellectual and ideological validation of Islamophobia. When it is expressed against migrants it takes the form of religo-ethnic or religo-racial tones, when it is expressed in the form of defamation of religions, it takes cover behind the freedom of expression and when it is expressed in the form of profiling. It hides behind the war against terrorism. Believes that association of terrorism and violence with Islam or any other religion including through publication of offensive caricatures and making of hate documentaries would purposely complicate our common endeavours to address several contemporary issues including fight against terrorism and occupation of foreign territories and peoples. 
Besides strengthening discrimination against Muslims, this insidious association is preventing Muslim communities from practicing their religion freely or integration in the society, in many countries. Discrimination on multiple grounds of religion, ethnicity or culture further affects enjoyment of their basic human rights including economic, social and cultural rights. Durban Review Conference, therefore, must look into this contemporary manifestation of racism and seek proscription of this practice through legal and administrative measures. As the existing national laws and courts have failed to address the issue, internationally binding normative standards need to be devised that can provide adequate guarantees against defamation of religions and religious intolerance. *
Condemns all forms of racism, racial discrimination, xenophobia and related intolerance, including all forms intolerance based on religion or belief;
Welcomes measures to address the phenomenon of multiple and aggravated forms of discrimination;
Double or multiple forms of discrimination is said to increasingly affect some individuals and groups. In this regard, CERD has had numerous occasions to address this issue, in particular on the ground of gender and race and on the ground of race and religion and has for instance reminded that all persons should enjoy their right to freedom of thought, conscience and religion, without any discrimination based on race, colour, descent or national or ethnic origin.*
Welcomes the introduction of specific offences to fight  racially and religiously aggravated violence, harassment and criminal damage;
Condemns all forms of discrimination and all other human rights violations based on sexual orientation;
Expresses deep concern that all forms of discrimination and multiple or aggravated forms of discrimination and disadvantage can lead to the particular targeting or vulnerability to violence of and women;
Strongly condemns all acts of violence, whether these acts are perpetrated by the State, private persons or non-State actors, in particular against women and girls;
Calls for the elimination of all forms of gender-based violence in the family, within the general community and where perpetrated or condoned by the State, in accordance with the Declaration on the Elimination of Violence against Women;
Expresses concern over the persistence of institutionalised social intolerance and discrimination practised against many in the name of religion or belief;
Expresses its concern at the increase in anti-Semitic ideas and violence in many parts of the world and urges States to take appropriate action to end the dissemination of anti-Semitic ideas including through the media, school curricula or by political platforms; 
Recognizes that there have been increasing risks of stereotyping Muslims and other groups and expresses its commitment to combat this phenomenon;
Expresses regret that fight against racial and religious hatred is increasingly being used as pretext legitimising impermissible limitations to freedom of expression;
Condemns any advocacy of racial or religious hatred that constitutes incitement to discrimination, hostility or violence;
Underlines the challenges and obstacles to changing discriminatory attitudes and gender stereotypes, and stresses that challenges and obstacles remain in the implementation of international standards and norms to address the inequality between men and women;
Recognizes that racism, racial discrimination, xenophobia and related intolerance are still among the root causes of armed conflict and very often one of its consequences;
Deplores the numerous occurrences of internal conflicts and inter-ethnic and intra-religious or communal violence, including those that appear to be based on tribal lines which have lead to casualties and killings, torture, massive displacement, rape and destruction of property and infrastructures, war crimes, crimes against humanity and genocide;
Deplores also the use of Government aligned or organised irregular militia to oppress, murder and displace ethnic populations;
Emphasizes that among the multiple factors of a situation that might lead to genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide, there are the resurgence of systematic discrimination, the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence and serious and systematic violation of human rights;
Stress the need for all States which engaged in such practices to acknowledge the grave human suffering caused by colonialism and slavery and the heinous racist acts committed in the context of colonialism and the slave trade;
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;
Condemn manifestations and acts of racism, racial discrimination, xenophobia and related intolerance against migrants and stress the need for fair, just and equitable treatment of migrants in society and in the workplace;
Emphasize that racist ideologies based on race, colour, descent, or national or ethnic origin as well as on culture, religion and language are responsible for fomenting, promoting and spreading racial discrimination, xenophobia and stereotyping;
Confirm that lack of respect for cultural diversity in most societies leads to racism and increased discrimination;
Express deep concern at the use of new information technologies, such as the Internet, to propagate racial hatred, xenophobia, racial discrimination and related intolerance and that children and youth have access to this material;
Condemn all political platforms and systems based on racism, xenophobia or doctrines of racial superiority and discrimination which are incompatible with democracy and transparent and accountable governance; 
Reaffirm that a foreign occupation founded on settlements, its laws based on racial discrimination with the aim of continuing domination of the occupied territory, as well as its practices, which consist of reinforcing a total military blockade, isolating towns, cities and villages under occupation from each other, totally contradict the purposes and principles of the Charter of the United Nations and constitute a serious violation of international human rights and humanitarian law, a new kind of apartheid, a crime against humanity, a form of genocide and a serious threat to international peace and security; 
Reiterate further that racism, racial discrimination, xenophobia and related intolerance manifest themselves in an aggravated and differentiated manner for women and girls, causing their living standards to deteriorate, generating multiple forms of violence and limiting or denying them the benefit and the exercise of their human rights, and in this regard urge States to consider this phenomenon in formulating of strategies and programmes against racism, racial discrimination, xenophobia and related intolerance;  
Note with deep concern the widening use by some groups and organizations of the opportunities provided by print, audio-visual and electronic media as well as scientific and technological progress, such as the Internet, to promote racist and xenophobic propaganda aimed at inciting societies throughout the world to racial hatred and in this connection urge all Governments to take necessary measures against such incitement; 
Debt relief; Poverty eradication; Building or strengthening democratic institutions; Promotion of foreign direct investment; Market access; Intensifying efforts to meet the internationally agreed targets for official development assistance transfers to developing countries; New information and communication technologies bridging the digital divide; Agriculture and food security; Transfer of technology; Transparent and accountable governance; Investment in health infrastructure tackling HIV/AIDS, tuberculosis and malaria, including through the Global AIDS and Health Fund; Infrastructure development; Human resource development, including capacity-building; Education, training and cultural development; Mutual legal assistance in the repatriation of illegally obtained and illegally transferred (stashed) funds, in accordance with national and international instruments; Illicit traffic in small arms and light weapons; Restitution of art objects, historical artifacts and documents to their countries of origin, in accordance with bilateral agreements or international instruments; Trafficking in persons, particularly women and children; Facilitation of welcomed return and resettlement of the descendants of enslaved Africans; *
Reaffirm that racism, racial discrimination, xenophobia and related intolerance need to be addressed both in times of peace and during armed conflict, and note that States and the international community should be especially vigilant during periods of armed conflict and continue to combat all forms of racial discrimination;
Reiterate that freedom from discrimination on the ground of race is a fundamental principle of international humanitarian law and urge all parties to armed conflicts to abide scrupulously by the rules laid down in this body of law prohibiting adverse distinction;
Stress the need of raising global awareness about the repercussions, manifestations and consequences of all the racist practices of the occupying powers and any of their acts that stem from racist ideology;

B. Victims of racism, racial discrimination, xenophobia and related intolerance

Acknowledging that discrimination is a phenomenon affecting various groups in our society, such as people of African descent, indigenous peoples, migrants, persons with disabilities, women, older people, refugees, stateless persons, internally displaced persons, children, young people, Gypsies, Roma and groups facing discrimination on the grounds of religion, sexual orientation, gender identity or expression, together with victims of aggravated or multiple discrimination and persons living with infectious and contagious diseases, among others;

Identifies the need for greater progress in the implementation of measures to facilitate access by victims of racism, racial discrimination, xenophobia and related intolerance to an administration of justice that ensures just and adequate reparation for any damage suffered, together with legal assistance in a form adapted to victims’ special needs and vulnerability;

Urges States to discontinue discriminatory security practices that single out individuals or groups on the basis of their race, religion or belief, names and appearance;

Acknowledges that all victims should receive the same attention, the same treatment and the same protection and that there should be no hierarchy among potential victims; 

Re-emphasize 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 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;

Taking note of resolution 61/295 of 13 September 2007, by which the General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples;

Notes progress in the adoption of legal and administrative measures to promote, protect and ensure the exercise by indigenous peoples of their rights, and to ensure their exercise of such rights and fundamental freedoms on an equal footing, free of discrimination, and their full and free participation in all spheres of society, particularly in matters that affect or interest them;

Also urges States to ensure that their political and legal systems reflect the multicultural diversity within their societies and, where necessary, to develop democratic institutions to make them more fully participatory and thereby avoid the marginalization and exclusion of, and discrimination against, specific sectors of society, studying the possibility of introducing, whenever possible, affirmative action quotas for the election of indigenous and female representatives, together with those of African descent, to parliaments;

Welcomes the adoption of the United Nations Declaration on the rights of indigenous peoples; 

Recognizes also that indigenous peoples have been victims of discrimination for centuries and affirms 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 stresses the continuing need for action to overcome the persistent racism, racial discrimination, xenophobia and related intolerance that affect them;

Underlines that the use of the term “indigenous peoples” should be understood in the context of the adoption of the United Nations Declaration on the rights of indigenous peoples;

Welcoming the entry into force on 3 May 2008 of the United Nations Convention on the Rights of Persons with Disabilities,

Identifies progress in programmes to foster racial equality in favour of people of African descent, such as affirmative action programmes for access to higher education;

Calls on States to take appropriate measures to discourage the dissemination of intellectual and pseudo-intellectual ideas profiling Africans and people of African descent as inferior to other races, as slavery and colonialism have originated in such misguided ideas;

Urges States to include women in their decisions and to accord priority to the promotion and protection of the full enjoyment on an equal footing for men and women of all human rights and fundamental freedoms;

Acknowledges the need to make progress in including a gender focus in programmes of action against racism, racial discrimination, xenophobia and related intolerance in order to tackle the phenomenon of multiple and aggravated discrimination against women;

Urges States to adopt all necessary measures, in particular, by means of policies and programmes, to tackle racism and race-based violence against women and girls, and to boost cooperation, prescriptive responses and the effective implementation of national legislation and obligations under relevant international instruments and other protective and preventive measures to eradicate all forms of discrimination and violence based on racial discrimination against women and girls;

Urges States to promote policies to ensure equal pay for equal work between men and women, together with equal pay for work of equal value;

The DPA recognizes that women can face multiple forms of discrimination and that racism, racial discrimination and xenophobia do not necessarily affect men and women in the same manner. Likewise, when reviewing, rationalizing and improving the mandate of the Special Rapporteur on violence against women, its causes and consequences, the Human Rights Council expressed deep concern that all forms of discrimination, including racism, racial discrimination, xenophobia and related intolerance and multiple or aggravated forms of discrimination and disadvantage can lead to the particular targeting or vulnerability to violence of girls and some groups of women, such as women belonging to minority groups, indigenous women, refugee and internally displaced women, migrant women, women living in rural or remote communities, destitute women, women in institutions or in detention, women with disabilities, elderly women, widows and women in situations of armed conflict, women who are otherwise discriminated against, including on the basis of HIV status, and victims of commercial sexual exploitation. Violence against women and girls, including sexual violence, motivated by racism or xenophobia is still ongoing. Since the adoption of the DDPA, credible allegations of racially motivated violence against women, including indigenous and migrant women, in different regions of the world are still received by the Special Rapporteur on violence against women.*

Expresses deep concern at the continuing reports of grave abuses and violence committed against migrant women and children (also nationals), including gender-based violence, in particular sexual violence, trafficking, domestic and family violence, racist and xenophobic acts, abusive labour practices and exploitative conditions of work;

Urges States to improve efforts to promote gender mainstreaming and to fight effectively gender discriminations;

Stresses the need to treat all forms of violence against women and children as a criminal offence, punishable by law, as well as the duty to provide access to just and effective remedies and specialised assistance to victims, including medical and psychological assistance, as well as effective counselling;

Note with concern that instances of racism, racial discrimination, xenophobia and related intolerance lead to trade in and/or sexual exploitation of women and children especially girl child;

Acknowledges the importance of national programmes for the integration, respect and enjoyment of migrants’ human rights, together with their equal treatment;

Observes that issues of migration are extremely significant for the region and confirms its full commitment to complying with the Durban Declaration and Programme of Action on that subject, as a powerful affirmation of the need to uphold migrants’ human rights while respecting the sovereignty of States to adopt legislation that they deem appropriate, and, with this in mind, expresses its deep concern at legislation recently passed or proposed by some countries or regional organizations that runs counter to the commitments made under human rights and migrants rights conventions established under the relevant United Nations legal instruments; in that regard, calls upon the relevant authorities to initiate comprehensive and broad-based dialogue on migration that makes it possible to identify common challenges and areas of cooperation that link the management of migration and the promotion of development;

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;

Protecting the human rights of migrants whether regular or irregular; 

Countering anti-immigration ideologies advocating the criminalization of irregular migration with a view to achieving relevant objectives under paragraph 30 of the Durban Programme of Action as well as other relevant international instruments;

Recognizes the need to strengthen efforts toward fighting against illegal migration and smuggling of migrants, which may lead to violence, discrimination, exploitation and abuse;

Urges States to promote and respect human rights for all, including for migrants whether they are in a legal or illegal situation;

Emphasize that States are not only under an obligation to ensure that legislation and policies are non-discriminatory, they are also under an obligation to protect migrants from racism, discrimination, xenophobia and related intolerance; 

Recommend that further attention be given to the particular problems faced by women and children belonging to immigrant communities;

Urges States to pass and implement legislation to combat trafficking in persons, particularly women and children, including people of African descent, indigenous peoples and other vulnerable groups, together with trafficking in migrants, taking into account the practices that endanger human lives or cause various forms of slavery and exploitation, such as debt bondage, child pornography and sexual and labour exploitation, and urges States to bring into force and strengthen their national plans to combat trafficking offences and to earmark financial and human resources to ensure that the law is upheld, along with the protection of victims and the restitution of their rights, and also bolster bilateral, regional and international cooperation, particularly with the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, and with non-governmental organizations that provide assistance to victims;

The Commission on Human Rights decided in 2004 to appoint a Special Rapporteur on trafficking in persons, especially women and children to focus on the human rights aspects of the victims of trafficking in persons. In performing her functions, the Special Rapporteur has referred to the Recommended Principles and Guidelines on Human Rights and Human Trafficking developed by the OHCHR in 2002 to Recognizes the need to provide practical, rights-based approach policy guidance on the prevention of trafficking and the protection of trafficked persons and with a view to facilitating the integration of a human rights perspective into national, regional, and international anti-trafficking laws, policies and interventions.

Recognizes that victims of trafficking are particularly exposed to racism, racial discrimination, xenophobia and related intolerance and that women and girl victims are often subject to multiple forms of discrimination and violence, including on the grounds of their gender, age, ethnicity, culture and religion, as well as their origins, and that these forms of discrimination themselves may fuel trafficking in persons;

Notes with appreciation the efforts of States and organisations in preventing and combating trafficking in persons and in enhancing the protection of and assistance to victims of trafficking in persons, for instance the development of action plans on best practices, standards and procedures for combating and preventing trafficking in human beings;

Urges States to take appropriate measures to address the root factors, including external factors, that encourage trafficking in persons for prostitution and other forms of commercialised sex, forced marriages and forced labour, slavery or practices similar to slavery, servitude or the removal of organs, including to strengthen existing legislation or to consider the adoption/enactment of anti-trafficking legislation and the adoption of national plans of action with a view, among other things to providing better protection for victims of trafficking and to punishing perpetrators through criminal and civil measures;

Reaffirm the need to continue preventing, combating and eliminating all forms of trafficking in persons, in particular women and children, since victims of trafficking are particularly exposed to racism, racial discrimination, xenophobia and related intolerance;

Acknowledging the suffering caused by colonialism and affirming that, wherever and whenever it occurred, it must be condemned and its recurrence prevented,

Acknowledges those States that have made formal apologies to the victims of colonialism and past historic injustices to achieve healing and reconciliation;

Urges States that have not done so to issue expeditiously formal apologies to the victims of colonialism and past historic injustices and to take all measures necessary to achieve healing and reconciliation;

Recognize the individuals, groups and nations affected by policies and practices, such as colonialism, slavery and ethnic cleansing, that are based on theories of racial or national superiority, hatred and distinction as to race, colour, descent, or national or ethnic origin as well as culture, religion and language as victims of racism, racial discrimination, xenophobia and related intolerance;

Recognizing the enduring and tragic impact of the slave trade, which is a crime against humanity, particularly the African people and its successive generations,

Recognizes that victims of slavery and slavery-like practices are particularly exposed to racism, racial discrimination, xenophobia and related intolerance and that women and girl victims are often subject to multiple forms of discrimination and violence, including on the grounds of their gender, age, ethnicity, culture and religion, as well as their origins, and that these forms of discrimination themselves may fuel slavery and slavery-like practices; 

Deplores the lack of willingness of certain countries to adopt measures to end enslavement and slavery-like practices, including contemporary forms of slavery, debt bondage, slavery, sexual exploitation or labour exploitation, which constitute flagrant violations of human rights;

Welcomes the actions taken to commemorate the memory of victims of slavery and slave trade, in particular the transatlantic slave trade, and the abolition of those tragedies, and stresses the need to similarly address the trans Saharan slave trade and the slave trade in the Indian ocean;

Urges States to adopt comprehensive measures relating to 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;

Affirms that the identity to persons belonging to national or ethnic, religious and linguistic minority must be protected and that such persons should be treated equally and enjoy their human rights and fundamental freedoms without discrimination of any kind, including discrimination based on work and descent;

Expresses concern with human rights violations against Christians and members of other religious minorities in various parts of the world;

Notes many efforts developed to organise frequent consultation of the representative bodies of persons belonging to minorities;

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; 

Although 7 years have passed since the adoption of DDPA Notes that the Palestinian people continue to be denied the fundamental right of self determination. In order to consolidate the occupation, they have been subjected to unlawful collective punishment, torture, economic blockade, severe restriction on movement and arbitrary closure of their territories. Illegal settlements continue to be built in the occupied territories. The Review Conference must look into the human rights situation and urge member states to implement the provisions of DDPA with a view to bring lasting peace in the Middle East.

Express deep concern at the plight of Palestinian refugees and displaced persons who were forced to leave their homes because of war and racial policies of the occupying power and who are prevented from returning to their homes and properties because of a racially based law of return, and recognize the right of return of the Palestinian refugees as established by the General Assembly in its resolutions, particularly resolution 194 (III) of 11 December 1948, and call for their return to their homeland in accordance with and in implementation of this right;

Re-emphasize the responsibility of the international community to provide international protection for the Palestinian people under occupation against aggression, acts of racism, intimidation and denial of fundamental human rights, including the rights to life, liberty and self-determination;

The Committee on the Rights of the Child issued general comments on: the rights of children with disabilities; the treatment of unaccompanied and separated children outside the country of origin; HIV/AIDS and the rights of children. Furthermore, the general comment on general measures of implementation focuses inter alia on non-discrimination. The Secretary-General Study on Violence against Children presented to the GA in 2006 highlighted how, although all children are exposed to violence, some children, because of gender, race, ethnic origin, disability or social status, are particularly vulnerable. The need to address discrimination in all its manifestations is addressed in the different recommendations contained in the Study. In its dialogue with States parties from all regions, the Committee has identified, and noted with appreciation, the existence of good practices and positive initiatives, including legislation aimed at prohibiting discrimination against children belonging to marginalized groups, including children with disabilities, children infected or affected by HIV/AIDS, indigenous children and children belonging to national, ethnic, religious and linguistic minorities.*

Renew the call on 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; 

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;

Reiterate that the international response and policy, including financial assistance, towards refugee situations in different parts of the world should not be guided by considerations of race, colour, descent, or national or ethnic origin as well as on the grounds of culture, religion and language of the refugees concerned and, in this context, urge the international community to extend assistance as requested by concerned States towards resolving the refugees’ situation, especially in the developing countries, through economic and financial assistance aimed at, inter alia, removing the root causes of the displacement of such people;

 
C. Measures of prevention, education and protection aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at all levels

Stresses the importance of broadening the spectrum of measures and policies to eradicate discrimination on the grounds of race, colour, descent, national or ethnic origin, nationality, age, sex, sexual orientation, identity and expression of gender, language, religion, political opinions or those of any other nature, social origin, social and economic status, level of education, status as a migrant or asylum-seeker or refugee, stateless person, internally displaced person, or person living with an infectious or contagious disease or any other stigmatized physical or mental condition, genetic characteristic, physical or mental disability or any other condition which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of one or more human rights or fundamental freedoms enshrined in applicable international instruments, 
Stresses the widespread adoption of legislation to promote equality and to eradicate racism, racial discrimination, xenophobia and related intolerance, together with the amendment or repealing of legal provisions that give rise to discriminatory practices;
Notes significant progress in the creation of specialized State bodies and mechanisms responsible for formulating and implementing public policies to eradicate discrimination and to promote racial equality;
Identifies progress in the formulation of national plans to eradicate racism, racial discrimination, xenophobia and related intolerance;
Notes the broadening of dialogue with non-governmental organizations and other sectors of civil society;
Confirms that there has been some implementation of training and educational activities on human rights from an anti-racist and anti-sexist perspective for public officials;
Notes progress in the adoption of policies and programmes to improve the prevention of HIV/AIDS in high-risk communities and to eradicate discrimination against persons living with HIV/AIDS;
Identifies progress in programmes to foster racial equality in favour of people of African descent, such as affirmative action programmes for access to higher education;

Notes the need to make progress in measures to provide assistance to indigenous young people and those of African descent who live in the peri-urban areas of the region’s major cities and who are particularly affected by urban violence;
Observes that issues of migration are extremely significant for the region and confirms its full commitment to complying with the Durban Declaration and Programme of Action on that subject, as a powerful affirmation of the need to uphold migrants’ human rights while respecting the sovereignty of States to adopt legislation that they deem appropriate, and, with this in mind, expresses its deep concern at legislation recently passed or proposed by some countries or regional organizations that runs counter to the commitments made under human rights and migrants rights conventions established under the relevant United Nations legal instruments; in that regard, calls upon the relevant authorities to initiate comprehensive and broad-based dialogue on migration that makes it possible to identify common challenges and areas of cooperation that link the management of migration and the promotion of development;
Stress that policies towards migration should not be based on discrimination on racism, racial discrimination, xenophobia and related intolerance and should be consistent with international human rights standards;
Urges States to consider ratifying the Convention on the Rights of Persons with Disabilities and acknowledges the importance of the relevant international instruments and the appropriateness of taking those measures required to protect the human rights of all persons with disabilities and to integrate them fully into the social and employment spheres;
Invites States to establish, or, where appropriate, to continue boosting, funds to support civil society organizations to bolster their work against racism, racial discrimination, xenophobia and related intolerance, thereby guaranteeing their freedom from interference and their participation in the forums that administer and transfer the resources held in such funds;
Welcomes the numerous awareness-raising activities involving States, in order to promote and disseminate the values and practices underlying the fight against discrimination, including through financial support for the projects of civil societies and encouragement of political parties to work towards fair representation of racial, ethnic, national and religious minorities within and at all levels of their party system;
Also urges States to ensure that their political and legal systems reflect the multicultural diversity within their societies and, where necessary, to develop democratic institutions to make them more fully participatory and thereby avoid the marginalization and exclusion of, and discrimination against, specific sectors of society, studying the possibility of introducing, whenever possible, affirmative action quotas for the election of indigenous and female representatives, together with those of African descent, to parliaments;
Invites States, in their national policies, to promote the dialogue of cultures and religions to enhance the respect for the dignity of people of diverse racial origins and beliefs, for the promotion of international peace and security; 
Reaffirm that dialogue among cultures and civilizations facilitates the promotion of a culture of tolerance and respect for diversity through cooperation and mutual enrichment in various fields of human endeavour and that the promotion of this dialogue serves as an advanced instrument for combating racism;
Notes the needs to bolster measures that promote and broaden access to opportunities for a greater and better participation by people of African descent and indigenous peoples in political, economic, social and cultural aspects of society, together with measures that ensure that national political and legal systems reflect society’s cultural diversity, particularly as regards women, and acknowledge the various systems and forms of representation;
Urges States to adopt all necessary measures, in particular, by means of policies and programmes, to tackle racism and race-based violence against women and girls, and to boost cooperation, prescriptive responses and the effective implementation of national legislation and obligations under relevant international instruments and other protective and preventive measures to eradicate all forms of discrimination and violence based on racial discrimination against women and girls;
Calls upon States to promote social equity, gender equality and women’s human rights by strengthening and promoting women’s full and equal participation in the political process in their countries and in the decision-making process at all levels;
Urges States to include women in their decisions and to accord priority to the promotion and protection of the full enjoyment on an equal footing for men and women of all human rights and fundamental freedoms;  
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 and by adopting legislation aimed at ending impunity in this respect;
Stresses the need to make progress in devising and implementing appropriate measures to prevent and punish contemporary forms of racism, such as incitement to racial hatred or violence by means of new information technologies, including the internet;
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, xenophobia or related intolerance;
Urges States to adopt comprehensive measures relating to 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;
Calls on States to take appropriate measures to discourage the dissemination of intellectual and pseudo-intellectual ideas profiling Africans and people of African descent as inferior to other races, as slavery and colonialism have originated in such misguided ideas;
Recommends that concerned States establish mechanisms through which 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 migrants, and that such information provide the basis for the creation and monitoring of policies and practices that address any discrimination found;
Notes with appreciation the existence of information network on racism and xenophobia which collected relevant information at the national level and which develop strategies to combat racism and xenophobia, while also highlighting and disseminating examples of good practice in tackling these key issues; 
Urges States to adopt appropriate mechanisms with a view to monitoring and measuring programmes’ effectiveness and progress; (reproduced twice)
Acknowledges the importance of making progress in gathering data and other human development indicators disaggregated by race and ethnicity, whether by conducting censuses or by collecting, compiling, analysing and providing data at the national and local levels, which should also take into consideration such social and economic indicators as average income, access to health services, maternal and infant mortality, life expectancy, literacy rate, access to education, employment opportunities, quality of housing, land ownership and access to water, health and communications services;
Promoting human rights education: Recognizing that the DPA reaffirms that “education at all levels and all ages, […] 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”. National legislation promoting human rights education has been approved in many countries after the 2001 adoption of the DPA, particularly in order to sensitize the public at large concerning the cultural identity of traditional minorities. In Latin America, many countries have focused on promoting diversity education that centered on the teaching of indigenous and Afro-Brazilian culture and history in schools, including by a redrafting of textbooks and other educational material. In Africa, progress has been made in some contexts where human rights education was promoted as an explicit tool to foster post-conflict understanding and conflict prevention. In the Asia and Pacific region, as reported in the 13th Annual Workshop on Regional Cooperation for the Promotion and Protection of Human Rights, a number of States have engaged in drafting national human rights and human rights education plans of action. In Europe, intercultural education has increasingly become a central element of national policy and educational plans. This has focused particularly on the notion of cultural diversity, which has been incorporated into teacher training programmes and teaching materials. 
Believes that human rights education is essential to the realisation of human rights and fundamental freedoms and contributes significantly to promoting equality, preventing conflict and human rights violations and enhancing participation and democratic processes, with a view to developing societies in which all human beings are valued and respected;
Calls on States to promote learning environments that are inclusive and that foster equal opportunities, diversity and non-discrimination as well as equal access and participation to educational facilities; 
Calls on States to enhance their education and training efforts in the field of human rights, including targeted training programs for professional audiences and law enforcement officials; 
Reaffirm that education is the key to the promotion of respect for the racial, ethnic, cultural and linguistic diversity of societies and for promotion and protection of democratic values which are essential to prevent the spread of racism, racial discrimination, xenophobia and related intolerance;
Reaffirm also that education is one of the principal means of preventing and eradicating racism and racial discrimination and of raising awareness of human rights, particularly among children and young people, and in this context stress the need to amend suitably the textbooks that perpetuate racial stereotypes or encourage xenophobia; (reproduced twice)
Emphasize that education and awareness-raising activities undertaken by states should aim to foster a spirit of tolerance and respect for people from different races, religions, cultures and nationalities from an early age; (reproduced twice)
Re-emphasize the importance and necessity of teaching about the past and recent history of colonialism, racism, racial discrimination, xenophobia and related intolerance in order to prevent the recurrence of such policies and practices;
Noting that some of the other obstacles hampering progress in the collective struggle against racism and racial discrimination include; weak legislation and policies, lack of moral, educational and practical strategies, non-implementation of international legal framework and commitments by some, persisting impunity on different grounds such as freedom of expression, counter terrorism or national security as well as sharp increase in the extreme right wing xenophobic political platforms.  
Some of the other normative and preventive measure that have been proposed over time during discussions on the subject of Review mechanisms include; a) mandatory prohibition by law to eliminate racio-religious profiling or profiling based on any grounds of discrimination recognized under international human rights law with the legal action against perpetrators and effective remedies for the victims; b) legal restrictions on the dissemination of all ideas based upon racial superiority or hatred and incitement to hatred; c) in pursuance of the paragraph 144 of the DDPA, media representative should draw up a their our code of conduct; d) as proposed by the Special Representative on Racism, establishment of national, regional and international monitoring bodies for racist and xenophobic acts, including the OHCHR observatory for racist incidents; e) emphasis on the role of cultural diversity and human rights education in promoting tolerance and preventing racism, racial discrimination, xenophobia and related intolerance; 
Urges states to take immediate measures as a matter of priority to end such practices which constitute flagrant violation of human rights;
Stresses that every State must ensure the protection of human rights of all individuals within its territory and subject to its jurisdiction, without discrimination of any kind, including in particular on the basis of national origin;
Urges States who have not yet done so to adopt and enforce new legislation in order to provide protection to migrant domestic workers, particularly women domestic workers, and to give access to migrant workers in domestic service to mechanisms for bringing complaints against employers. Such instruments should not aim at punishing migrant workers. Calls on states to promptly investigate and punish all abuses, including ill-treatment;
Encourages States to formulate and implement training programmes for their law enforcers, immigration officers and border officials, prosecutors and service providers with a view to sensitising those public-sector workers to the issue of racism, racial discrimination, xenophobia and related intolerance; (reproduced three times)
Reaffirm the responsibility of Governments for safeguarding and protecting the rights of individuals within their jurisdiction against crimes perpetrated by racist or xenophobic individuals or groups; 
Reiterate the call to the remaining States to
honour the memory of the victims of past tragedies; 
apologize and pay reparations; and
restitute art objects, historical artifacts and documents to their countries of origin;
Notes the existence and efficiency of measures regarding victims of racism, racial discrimination, xenophobia and related intolerance;
Recalls the commitment made by EU member states and many others in 2000 at the Stockholm International Forum on the Holocaust to commemorate the victims and to honour those who stood against it, and welcomes the Council of Europe's dedication in 2002 of an annual Day of Remembrance of the Holocaust and for the prevention of crimes against humanity;
Recognizes that prevention is a key element of any political strategy to combat racism, racial discrimination and xenophobia;
Welcomes also preventive initiatives to tackle discrimination in employment such as programmes for training and counselling of excluded persons belonging to a minority to help them in the labour market, programmes for employers to combat discrimination or to raise cultural awareness, some examples of mentoring and of positive action in recruitment, and some more experiments with contract compliance and anonymous job applications; 
Stresses the important role that preventive measures of early warning and urgent action can play in the prevention of conflicts through addressing occurrences of racial and/or ethnic conflict at the earliest possible stage;
Stress the necessity of increasing appropriate preventive measures in order to eliminate all forms of racial discrimination, and the important role that Governments, international organizations, the media, non-governmental organizations and civil society can play in developing such measures and building confidence between different racial and ethnic groups;
Reaffirm also that education is one of the principal means of preventing and eradicating racism and racial discrimination and of raising awareness of human rights, particularly among children and young people, and in this context stress the need to amend suitably the textbooks that perpetuate racial stereotypes or encourage xenophobia; (reproduced twice)
Welcomes the development of national strategies to promote cohesion and tackle community tensions;
Encourages States to formulate and implement training programmes for Stresses the importance of making progress in putting in place affirmative action policies in key sectors, such as access to education and employment, health and social security, political participation and investment in infrastructure that benefits communities in which people of African descent, indigenous peoples and other groups suffering from discrimination live;
Acknowledges the importance of national programmes for the integration, respect and enjoyment of migrants’ human rights, together with their equal treatment;
Highlights the existence of numerous institutions dealing with racism and discrimination such as ombudsmen, national networks of anti-discrimination services, committees or agencies on racism and discrimination; 
Welcomes the numerous awareness-raising activities involving States, in order to promote and disseminate the values and practices underlying the fight against discrimination, including through financial support for the projects of civil societies and encouragement of political parties to work towards fair representation of racial, ethnic, national and religious minorities within and at all levels of their party system;
Encourages the development of national capacities for human rights education, training activities and public information, by involving national human rights institutions, non-governmental organizations and other relevant stakeholders in order to combat racism, racial discrimination, xenophobia and related intolerance, in line with the Plan of Action of the World Programme for Human Rights Education;
Welcomes the development of new measures which improve the fight against racism and discrimination such as the situation testing in order to investigate the occurrence and extent of discrimination in different occasions;
Reiterate that special attention needs to be given to the elaboration of strategies, policies and programmes for persons subject to multiple discrimination which combines racism and racial discrimination, xenophobia and related intolerance with other forms of discrimination; 
Resolutely condemn any ideologies and practices based on racial discrimination or superiority which entail abuse of human rights and fundamental freedoms, and affirm that all States have the obligation to take all available measures to combat ideologies, activities and practices based on racial discrimination or superiority;

D. Provision of effective remedies, recourse, redress, and compensatory and other measures at all levels

Affirms the importance of effective and independent judiciary for allowing the victims of racism to seek adequate redress;
With regard to the issue of difficulties encountered in accessing to justice, including specific barriers related to discriminative practices, it is useful to Recalling that the concept of access to justice does not only refer to the possibility of defending a case before a tribunal, but also includes the analysis of the whole system of administration of justice and the factors that impinge its functioning. It has been observed that the obstacles that impede access the justice system are often connected to discriminative practices affecting specific vulnerable groups, such as indigenous peoples, refugees, migrants, and stateless persons. These groups face difficulties in accessing justice because of different kinds of barriers, in particular cultural barriers. These groups have difficulties in understanding their rights and what is at stake in a judicial proceeding. Systems of justice are not prepared to overcome these difficulties.
Stresses the need to strengthen the information related to access to mechanisms for reporting complaints or providing assistance during legal proceedings for victims of racism, for instance by developing awareness campaigns or by establishing special complaints boards; 
Recognizes that only a competent, independent and impartial tribunal established by law  may determine, case by case,  in a fair and public hearing  whether the facts presented before it constitute an advocacy of racial or religious hatred prohibited by law; 
Underlines the importance of combating impunity, including for crimes with a racist or xenophobic motivation, also at the international level;
Urges states to end impunity and prosecute those responsible for crimes against humanity and war crimes, including crimes related to sexual and other gender-based violence against women and girls, as well as to ensure that persons in authority who are responsible for such crimes, including by committing, ordering, soliciting, inducing, aiding in, abetting, assisting or in any other way contributing to their commission or attempted commission, are identified, investigated, prosecuted and punished;
Welcomes  the efforts deployed to adopt or improve penal or civil legislation in order to fight against racism and discrimination including multiple forms of discrimination, such as on the grounds of sex, religion or belief, disability, age,  sexual orientation and gender reassignment; 
Urges States to pass and implement legislation to combat trafficking in persons, particularly women and children, including people of African descent, indigenous peoples and other vulnerable groups, together with trafficking in migrants, taking into account the practices that endanger human lives or cause various forms of slavery and exploitation, such as debt bondage, child pornography and sexual and labour exploitation, and urges States to bring into force and strengthen their national plans to combat trafficking offences and to earmark financial and human resources to ensure that the law is upheld, along with the protection of victims and the restitution of their rights, and also bolster bilateral, regional and international cooperation, particularly with the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, and with non-governmental organizations that provide assistance to victims;
Recommends that concerned 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 and migrants, 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;
Also notes progress in the adoption of legislative and administrative measures, in addition to the establishment of governmental institutions and inter institutional forums to tackle racism and other forms of discrimination against people of African descent;
Also identifies progress made in legislation and measures adopted by States to correct inequalities in access by people of African descent to education, health, housing, justice and employment, and urges States to continue to develop and take measures to ensure full equality of access for people of African descent;
Express grave concern at legislation called ‘Return Directive’ recently passed by some regional groups which is inconsistent with International Conventions on rights of the migrants; 
Expresses concerns at the absence in some countries of legal protection for migrant domestic workers which entails the risk of human rights violations; 
Recognizes the need for a comprehensive and balanced approach in dealing with migration issues, including by strengthening international dialogue on migration, developing real partnerships between countries of origin, transit and destination and exploring all possible synergies between management of migration and the promotion of development;
Observes that issues of migration are extremely significant for the region and confirms its full commitment to complying with the Durban Declaration and Programme of Action on that subject, as a powerful affirmation of the need to uphold migrants’ human rights while respecting the sovereignty of States to adopt legislation that they deem appropriate, and, with this in mind, expresses its deep concern at legislation recently passed or proposed by some countries or regional organizations that runs counter to the commitments made under human rights and migrants rights conventions established under the relevant United Nations legal instruments; in that regard, calls upon the relevant authorities to initiate comprehensive and broad-based dialogue on migration that makes it possible to identify common challenges and areas of cooperation that link the management of migration and the promotion of development;
Identifies some progress in the adoption of legal and administrative measures to promote, enhance and strengthen the ethnic, cultural, religious and linguistic identities of indigenous peoples and to establish conditions for the respect thereof;
Notes progress in the adoption of legal and administrative measures to promote, protect and ensure the exercise by indigenous peoples of their rights, and to ensure their exercise of such rights and fundamental freedoms on an equal footing, free of discrimination, and their full and free participation in all spheres of society, particularly in matters that affect or interest them;
Urges States to promote policies to ensure equal pay for equal work between men and women, together with equal pay for work of equal value;
Acknowledges the need to formulate and put in place specific programmes to prevent, investigate, and, when required, bring to trial and punish acts of serious misconduct by police officers and other law-enforcement officials prompted by racism, racial discrimination, xenophobia and related intolerance;
Stresses the importance of taking forward investigations to consider the links between criminal trials, police violence and criminal penalties, on the one hand, and racism, racial discrimination, xenophobia and related intolerance, on the other, with a view to taking the measures required to eradicate those links and discriminatory practices;
Identifies the need for greater progress in the implementation of measures to facilitate access by victims of racism, racial discrimination, xenophobia and related intolerance to an administration of justice that ensures just and adequate reparation for any damage suffered, together with legal assistance in a form adapted to victims’ special needs and vulnerability;
Call upon States to adopt necessary measures, as provided by national law, to ensure the rights of victims to prompt, adequate and fair reparation and compensation for acts of racism and racial discrimination
Stresses the importance of provision for individuals to bring proceedings and claim damages under national anti-discrimination legislation;
Recommends that States guarantee universal and effective access to medications at affordable prices, particularly those required for the prevention and treatment of HIV/AIDS, malaria, tuberculosis and other pandemics, and intensify research in vaccines as appropriate;
Takes note of the important role of the United Nations and its relevant specialized agencies such as 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; 
Urges all states that have not yet done so to consider concluding sentence enforcement, witness protection and information-sharing agreements with the international criminal tribunals and the International Court;
Welcomes the adoption of legislation that addresses discrimination and victimisation in employment and training, the provision of goods, facilities and services, education, housing and public functions;
Also recognize the need to adopt, and implement strictly stringent laws, administrative measures and action plans aimed at countering all forms of racism, racial discrimination, xenophobia and related intolerance, to carry out exhaustive, timely and impartial investigations of all acts of racism and racial discrimination, to penalize those responsible according to the law and to secure prompt and fair reparation for the victims;
Call on states to ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin as well as on the grounds of culture, religion and language and that non-citizens are not subjected to racial or ethnic profiling or stereotyping;
Recognizes that to combat racism and other forms of discrimination, Governments and law enforcement agencies need reliable information on hate crimes;

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

Recalling that democracy is incompatible with the continued existence of racism, as is set down in resolution 2004/38 of the Commission on Human Rights,
Reaffirms 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;
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, racial discrimination, xenophobia and related intolerance;
Reaffirms also that the eradication of racism, racial prejudice and xenophobia should aim not only at promoting equality and eliminating discrimination but also at promoting interactions between ethnic, cultural and religious communities, in particular in multicultural societies; 
Affirms that no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope;
Acknowledges that some progress has been made in the programmes and measures to eradicate multiple or aggravated discrimination,Considering that the poverty and social exclusion affecting various sectors of society in the countries of our region are cross-cutting themes relating to the various forms of discrimination, such as by ethnic or racial origin, gender or disability, 
 Notes significant progress in the creation of specialized State bodies and mechanisms responsible for formulating and implementing public policies to eradicate discrimination and to promote racial equality;
Notes progress in the adoption of policies and programmes to improve the prevention of HIV/AIDS in high-risk communities and to eradicate discrimination against persons living with HIV/AIDS;
Notes progress made by some States in the field of democracy,  the rule of law, transparent, responsible, accountable and participatory governance but notes also many challenges to face in many parts of the world;
Notes progress in order to support the conduct of genuine, democratic elections by providing electoral support such as electoral assistance and election observation missions in line with best international practice;
Encourages the Anti-Discrimination Unit of the Office of the United Nations High Commissioner for Human Rights to continue working with determination in providing guidance and support to the mechanisms of the Human Rights Council to monitor the implementation of the Durban Declaration and Programme of Action;
Calls for the Unit to be elevated to the rank of division and strengthened with the additional resources and staff required to serve better the mechanisms established to monitor and implement the Durban Declaration and Programme of Action and for it to interact effectively with all partners, including civil society, in the global campaign to combat racism;  
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 with respect to 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 and the political use of racism and its intellectual legitimization;
Invites the Preparatory Committee to consider convening a meeting on all the aspects of the articles of the Durban Declaration and Programme of Action and resolutions 61/19 and 62/122 of the General Assembly on the transatlantic slave trade, and including its conclusions and recommendations in the preparatory process and the Durban Review Conference;
The considers Note that the DDPA is an important milestone in the collective struggle of mankind against the scourge of racism, racial discrimination, xenophobia and related intolerances. As a result of the collective resolve expressed by the UN family in 2001 in Durban, a number of countries have taken substantial steps to incorporate and implement the spirit of DDPA in their national policies framework. Others have worked to streamline their policies in accordance with the character of DDPA. All these steps and efforts indicate progress in many cases. 
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 to analyse the internal factors in their beliefs, practices and relationships that may have contributed to incitement to religious hatred; 
Requests  the Human Rights Council to draw up guidelines on the collection of the disaggregated information referred to in the preceding paragraph and urges the Office of the High Commissioner for Human Rights to provide support to the States that request it for the collection of such information;
Urging the Human Rights Council to address the denial of genocide, as recognized by the United Nations, as an attempt to undermine the recognition of genocide as a crime under international law;
Acknowledges again the importance of independent national human rights institutions 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;
Deplores that countries in all  parts of the world have not yet established independent human rights institutions and other relevant institutions;  Notes progress in order to support the conduct of genuine, democratic elections by providing electoral support such as electoral assistance and election observation missions in line with best international practice; 
Emphasize the importance of national human rights institutions and other similar entities in the struggle against racism, racial discrimination, xenophobia and related intolerance  and the need, as provided by law, for the authorities and society in general to cooperate with such institutions to the maximum extent in those countries where they do exist;
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; 
Recognizes that civil society, human rights non-governmental organisations, human rights defenders, private sector and trade unions have an important contribution to make in order to fight against racism, racial discrimination, xenophobia and related intolerance;
Welcomes the high valuable participation of civil society, human rights non-governmental organisations, human rights defenders, private sector and trade unions to the implementation of the Durban Declaration and the Plan of Action;
Recognizes that the precarious situation of human rights defenders and non-governmental organisations, including anti-racist non-governmental organisations, has not evolved in many parts of the world which undermines the fight against racism, racial discrimination, xenophobia and related intolerance; 
Renews our commitment to create an atmosphere conducive to the effective functioning of human rights non-governmental organisations and to adhere to international obligations concerning human rights non-governmental organisations, and to lift any unlawful barriers to their effective functioning;
Invites civil society, human rights non-governmental organisations, private sector and trade unions to intensify their efforts to eliminate racism, racial discrimination, xenophobia and related intolerance; 
Recognize the important role played by civil society in the fight against racism, racial discrimination, xenophobia and related intolerance, including by proposing and assisting Governments in the promotion and the implementation of strategies against such forms of discrimination; 
[Civil society, including leaders of religious communities, Non-Governmental Organizations, Private sector, Youth];*
Recognizes the valuable role played by regional organisations and institutions in the fight against racism, racial discrimination, xenophobia and related intolerance, inter alia the OSCE, the European Commission against Racism and Intolerance (ECRI) of the Council of Europe and the European Fundamental Rights Agency;
Notes financial initiatives in support of the fight against racism, racial discrimination, xenophobia and related intolerance, such as the European Instrument for Democracy and Human Rights (EIDHR)  which supports the UN High Commissioner for Human Rights in the implementation of existing international standards on equality and non-discrimination by financing project activities which include awareness-raising campaigns and seminars, provision of advice through technical co-operation projects with governments, and research and analysis; and the anti-discrimination and diversity strand of the European Community programme PROGRESS, which aims at improving the understanding of the discrimination phenomenon, supporting the implementation of EU law in this field, raising awareness and developing the capacity of EU networks active in this field (NGOs, Network of Equality bodies);
Invites regional organisations and institutions to step up financial and other efforts to tackle racism, racial discrimination, xenophobia and related intolerance; 
Establishment of monitoring and reporting mechanisms: In order to monitor the implementation of international instruments, Rapporteurships on racism and discrimination, or focusing on particular vulnerable groups, have been established in some regional systems. These include the Special Rapporteur on the Rights of Persons of African Descent and Racial Discrimination; the OSCE Personal Representative on Combating Racism, Xenophobia and Discrimination also focusing on intolerance and discrimination against Christians and members of other religions; the OSCE Personal Representative on Combating Anti-Semitism and the OSCE Personal Representative on Combating intolerance and discrimination against Muslims.*
Reaffirm that all human beings are born free and equal in dignity and rights, and that any doctrine of racial superiority is, therefore, scientifically false, morally condemnable, socially unjust and dangerous, and has no justification whatsoever; 
Condemn past and current policies, practices, propaganda and organizations based on ideas or theories of racial and national superiority, hatred, discrimination and xenophobia, which are massive and flagrant violations of all human rights and fundamental freedoms, comprising civil, political, economic, social and cultural rights and the right to development;
Invites States to establish, or, where appropriate, to continue boosting, funds to support civil society organizations to bolster their work against racism, racial discrimination, xenophobia and related intolerance, thereby guaranteeing their freedom from interference and their participation in the forums that administer and transfer the resources held in such funds; 
Calls upon States to develop, in cooperation with multilateral organizations, internet service providers, private sector stakeholders and civil society, and taking into account the principles of multilateralism, democracy and transparency, a coordinated global strategy to formulate a voluntary code of conduct to prevent the dissemination of messages of racial hatred and intolerance; 
Calls upon States in their reporting to the Human Rights Council to indicate 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;
Urges States to link the fight against racism, racial discrimination, xenophobia and related intolerance with the political and constitutional recognition of, legal respect for and the promotion of multiculturalism through education, information and communication;
Urges States, as a matter of priority:
(a)	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;
(b)	To punish violent, racist and xenophobic activities of neo-Nazi groups in accordance with pertinent international instruments;
(c)	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;
Urges States to honour their obligations under pertinent international instruments to give priority to combating racism, racial discrimination, xenophobia and related intolerance;
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;
Recalls and urges States to implement UN General Assembly Resolutions 60/7 and 61/255 which observed that remembrance of the Holocaust is critical to prevent further acts of genocide, condemned without reservation any denial of the Holocaust and urged all member states to reject denial of the Holocaust as a historical event, either in full or in part, or any activities to this end; 
Urges States to improve democratic institutions so that they are more fully participatory and avoid marginalization, exclusion and discrimination against specific sectors of society, for instance by accepting electoral support proposals; 
Stress the need for the States to elaborate further global strategies to combat racism, racial discrimination, xenophobia and related intolerance, particularly to combat new manifestations of racism, racial discrimination, xenophobia and related intolerance in cooperation with the regional and international organizations, non-governmental organizations, individuals and communities; 
Emphasizes the need for States to adopt educational and practical strategies, in addition to legal measures, in fighting racism; 
Encourages Parliaments to consider  address the issue of racism and discrimination, for instance by submitting reports containing recommendations for consolidating legislation against discrimination and proposals to enhance policies to fight racism;
Stress that policies towards migration should not be based on discrimination on racism, racial discrimination, xenophobia and related intolerance and should be consistent with international human rights standards;
Underline that racial discrimination condoned by governmental policies violates human rights and may endanger friendly relations between peoples, cooperation among nations, and international peace and security;  
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;
Replicating the policy of a major destination State on the collection, compilation, analysis and publication of reliable statistical data on irregular migrants pursuant to paragraph 92 of the Durban Programme of Action so as: 
(a)	To assess by sector the gap between national labour demand and supply;
(b)	To promote the conclusion of bilateral and multilateral labour agreements to fill this gap and thus to reduce, with a view to its ultimate elimination, irregular migration to destination States and the practice of human trafficking;
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;
Takes note of the important role of the United Nations and its relevant specialized agencies such as 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; 
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; 
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; 
Calls for the United Nations human rights mechanisms, as part of the process to reform the human rights system, to establish a template for the production of their reports and questionnaires with a view to avoiding the duplication and overlapping of information, in particular with regard to racism, racial discrimination, xenophobia and related intolerance;
Affirms that impunity for crimes of genocide and war crimes encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention;
Expresses concern over the lack of willingness of certain countries to cooperate with international criminal tribunals;
Expresses its full support to the work of the existing international criminal tribunals and for the universal ratification of the Rome Statute of the International Criminal Court;
Recognizes the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed;
Urges all States to cooperate fully with international criminal tribunals;
Inviting, in this context, the Fédération Internationale de Football Association, in connection with the 2010 Football World Cup tournament to be held in South Africa, to introduce a visible theme on non-racism in football and requesting the High Commissioner for Human Rights in her capacity as the Secretary-General of the Durban Review Conference to bring this invitation to the attention of the Federation and to bring the issue of racism in sport to the attention of other relevant international sporting bodies; 
Notes with appreciation the increasing number of initiatives in order to promote intercultural dialogue, such as conferences including the 3rd ASEM Culture Ministerial Meeting held in Kuala Lumpur (22 and 23 April 2008) focused on the theme of Cultural Diversity – Realizing the Action Plan; actions and cooperation programmes that have been approved and successfully implemented in the framework of the Barcelona process, including the Anna Lindh Foundation, EuroMed Audiovisual, EuroMed Heritage, the Regional Information and Communication programmes, the EuroMed Youth programme and the EuroMed Gender programme, etc.;
Welcomes the decisions to nominate 2008 the Euro-Mediterranean year of dialogue between cultures and the “European Year of Intercultural Dialogue”; 
 Recognizes the valuable work done to promote dialogue, mutual understanding and respect through all existing mechanisms, such as UNESCO, Council of Europe, OSCE and the Alliance of Civilizations;
Affirms the need to intensify engagement by all interested parties in a constructive and genuine dialogue rooted in mutual respect and understanding with a view to overcoming existing gaps in perceptions, concepts and ideas;
Underlines that intercultural dialogue should address political processes and challenges, be based on dialogue with civil society, promote people-to-people contacts and foster good neighbourly relations;
Reiterate that regional and international exchange and dialogue among youth is an important element in building intercultural understanding and respect and will contribute to the elimination of racism, racial discrimination, xenophobia and related intolerance; 
Notes the broadening of dialogue with non-governmental organizations and other sectors of civil society;
Emphasizes the right of all persons to worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes and the right of all persons to write, issue and disseminate relevant publications in these areas;

Stresses that, as human rights are universal, interdependent, interrelated, and mutually reinforcing, the coexistence of rights does not only imply that a particular right should be seen in a restrictive manner because of the existence of another right;
Stresses that the right to freedom of expression constitutes one of the essential foundations of a democratic society, as it ensures individual self-fulfilment and a pluralistic, tolerant society with access to multitudes of ideas and philosophies;
Recognizes that sexual orientation and transgender status, and transsexualism, does not justify restricting or removing a person's basic human rights and fundamental freedoms;
Paying tribute to countries and personalities who lent their valuable support to Africa during its struggle against institutionalized racism, colonialism and apartheid,
Regrets deeply the attempts at the intellectual and scientific legitimization of racism and in particular the revival of stereotypes against Africans;
Information, communication and media, including new technologies : While the DPA “welcomes the positive contribution made by the new information and communications technologies, including the Internet, in combating racism through rapid and wide-reaching communication”, it also “urges States to encourage the media to avoid stereotyping based on racism, racial discrimination, xenophobia and related intolerance”. While much progress is still needed, particularly in the area of self-regulation and diversity training of media professionals, important actions have taken place since the 2001. Diversity training for journalists has been promoted as a key preventive measure against negative stereotyping and discrimination. Independent media councils composed of media professionals assessing issues related to racism in the media have also been formed in many countries. In some cases, these councils have been mandated to receive complaints of racism in the media and to advise editors and publishers accordingly. The media has also been effectively used as a means to promote more balanced representation of members of minorities, who have increasing access to high visibility functions in many countries. *
Underlines the existence of multiple initiatives that promote communication as a tool to fight racism such as awareness-raising campaigns, seminars and publication and diffusion of reports; 
Affirms that the Holocaust, which resulted in the murder of one third of the Jewish people, along with countless members of other minorities, will forever be a warning to all people of the dangers of hatred, bigotry, racism and prejudice and recalls again that the Holocaust must never be forgotten;
Invite the international community and its members to honour the memory of the victims of past tragedies and 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; 
As mentioned above, progress and achievements have taken place with regard to indigenous peoples issues. Both the Permanent Forum on indigenous issues and the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people pursue their work on indigenous issues. In addition, States have concluded the negotiations on a draft declaration on the rights of indigenous peoples. The United Nations Declaration on the Rights of Indigenous Peoples was adopted in 2007 by the General Assembly.
Nevertheless, there remain daunting challenges to surpass in this battle. A series of very authentic and well researched reports by the Special Rapporteur on racism, racial discrimination and xenophobia testify the increase in the incidence of racism, while as the old and new manifestations persist. Hence the need to deal with this menace in all its forms and manifestations with all available tools at our disposal. A number of independent reports including those from the European Monitoring Centre for Racism and Xenophobia substantiate the Special Rapporteur's findings. 
Welcomes the important initiatives to combat anti-Semitism, hate crimes, racism, xenophobia and discrimination as well as intolerance and discrimination against Muslims by the Organisation for Security and Co-operation in Europe, including the 2004 Berlin, Paris and Brussels conferences, the 2007 Cordoba and Bucharest conferences and resultant declarations; 
Welcoming the adoption of GA Resolutions 61/19 and 62/122 related to the abolition of the Trans-Atlantic slave trade and remembrance of its victims and, in particular, the designation of 25th March  as an annual International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade, beginning in 2008,
Affirm that measures to eradicate racism must be multifaceted; 
Re-emphasize the importance of international cooperation to promote (a) the achievement of the objectives of the fight against racism, racial discrimination, xenophobia and related intolerance; (b) the effective implementation of international treaties and instruments that forbid these practices; and (c) the implementation of the United Nations and of States’ obligations in this regard;
Indicating that the process of globalization is a driving force whose benefits should be distributed equally in all countries, and expressing the resolve to prevent and offset the adverse effects of this process, which can include poverty, underdevelopment and cultural homogenization,
Acknowledges the need to allocate additional funds to implement anti discrimination policies and the significance of international cooperation and technical assistance in that area;
Stresses the need to assess the current 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;
 [Lack of disaggregated data on racial groups]*
Recognize the economic, social and cultural injustice emanating from racism, racial discrimination, xenophobia and related intolerance, and call for concerted and continuous efforts to eradicate these evils;
Recognize Jerusalem as a city of reverence and religious sanctity for three major religions of the world and call for an international effort to bring foreign occupation, together with all its racial practices, to an end, especially in holy shrines dear to the three religions; 












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