Compilation of paragraphs proposed during the 9th meeting held on 10 October 2008 (a.m.) for use in the drafting process of the outcome document of the Durban Review Conference







Section 4:

Identification and sharing of best practices achieved at the national, regional and international levels in the fight against racism, racial discrimination, xenophobia and related intolerance.




Facilitator: Yuri A. Boychenko (Russian Federation)



Table of Contents

									Para	Page

A.	General							1	2

B.	Prevention							12	7

C.	Combating							23	10

D.	Treatment of victims						30	12

Education, awareness-raising and training			36	14

F.	Annex								45	16


A.	General

1.	(Recognizes that the) identification of best practices in an intergovernmental setting is a difficult task. Different practices are based on different experiences. Results achieved may also vary and could be potentially contentious. Nevertheless, it is important to look closely on different practices which have yielded results and can be emulated by others in the common fight against racism, racial discrimination, xenophobia and related intolerance. 

2.	(Notes) at the same time, however, (that) it would be worthwhile to look at the practices, laws and policies which have proved to be counterproductive in the fight against racism and should be avoided by the rest. 

3.	(Recognizes that) most national constitutions and laws provide for a general framework against the racial tendencies, it is important that such frameworks be broadened to take into account specific policies and acts that can address different forms of racial discrimination. There is a need to strengthen different national and regional institutions on account of their capacity to combat racist tendencies with the area of their responsibility. 

4.	(Believes) that freedom of expression and considers it as is a corner stone of contemporary human rights regime. However, misuse or abuse, as provided in Article 20 of the ICCPR and Article 4 of the ICERD must be taken into account to avoid possible negative fall outs. Therefore, while elaborating specific laws on combating incitement to racial and religious hatred, these must conform to the relevant provision of ICCPR and ICERD. 

5.	(Underlines that) an important element in the fight against racism is the need to raise awareness and enhance understanding between and among different cultures and societies, some useful steps have been taken such as Interfaith Dialogue and Cooperation for Peace and Alliance of Civilizations. Such mechanisms must not only be supported but enhanced and multiplied at all possible forums. At the national level such mechanisms should be created to reach out to all the religious ethnic and linguistic minorities and vulnerable groups. This approach will bring about better understanding of the problems and misconceptions at different level as well as provide ownership in the programmes designed for the betterment of vulnerable groups. The benefits of interfaith cooperation and dialogue should be taught at the basic level to ensure effective integration of minorities and better understanding and tolerance among societies.  

6.	Takes note with interest of the numerous examples of good practices set in the region in efforts to combat racism, racial discrimination, xenophobia and related intolerance, with a view to their possible replication, whether domestically or internationally, by means of cooperative and international assistance initiatives; such good practices are set out in an addition to the present outcome document.

7.	Recognizes that a broad, global exchange of good practices in combating racism could serve as examples and assist States, the judiciary, social partners and civil society to implement more effectively the provisions of the Durban Declaration and Programme of Action and recommends the following best practices:

8.	Notes with interest of the numerous examples of good practices set in the large and diverse Asian region aiming at combating racism, racial discrimination, xenophobia and related intolerance;

9.	Recognizes that a broad, global exchange of “good practices” in combating racism could serve as examples and assist Governments, the judiciary, social partners and civil society to more effectively implement the provisions in the Durban Declaration and Programme of Action; 





10.	(Urges) States should to ensure a comprehensive and universal approach to the fight against racism and discrimination, in particular by ensuring the same treatment and protection to all victims of racism and discrimination and recommends the following best practices:
(a) - Adopting a comprehensive legal framework to fight racism and all forms of discrimination, including multiple and aggravated forms of discrimination;

(b) - Ensuring access to justice for victims as a means to fight against impunity for racist and xenophobic crimes as well as appropriate remedies;

(c) - Preventing impunity for crimes motivated by racist or xenophobic attitudes. Considering the racist motivation as an aggravated circumstance;

(d) - Stressing that States should promote and ensure democracy, accountable and participatory good governance which is responsive to the needs of the people and the rule of law as an essential element in the fight against racism and discrimination;

(e) - Highlighting the important role to be played by parliaments, not only as a forum to promote debate around the problem of discrimination but also as a key actor in the creation of national legal frameworks in tune with international human rights instruments and fostering the effective implementation of the latter;

(f) - Stressing the freedom of expression as a necessity to counter racism and discrimination, while at the same time avoiding incitement to violence and hatred in accordance with articles 19 and 20 ICCPR;

(g) - Supporting the positive role Media can play in the fight against racism and discrimination;

(h) - Adopting measures to address the issue of hate speech  in the Media, including on the Internet;

(i) - Taking effective measures to promote diversity in the  work place, including in public services;

(j) - Promoting measures to strengthen the role of education, training and awareness raising measures in the fight against racism and discrimination;

(k) - Promoting mediation measures to fight against racism and discrimination;

(l) - Emphasizing the role of preventive measures against racism and discrimination, also as a means to prevent conflicts and violence, in particular war crimes, crimes against humanity and genocide;

(m) - Supporting 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;

(n) - Ensuring the existence and implementation of measures to counter discrimination against women suffering from racism and racial discrimination and promoting gender mainstreaming;

(o) - Placing a general duty on public authorities to promote equality.  Public authorities should, in performing their public functions, have due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good relations between persons of different ethnic or racial origins;

(p) - Adopting a national action plan against racism and all forms of discrimination- Underlining and supporting the positive and complementary role played by regional organizations such as the Council of Europe or the OSCE in the fight against racism and discrimination, including by adopting specific legislation to fight against racism and discrimination;

(q) - Supporting the role of civil society, including by financing its activities as appropriate;


11.	Reaffirms 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; 


B.	Prevention

(Encourages States to) implementing affirmative action programs with a view to promoting equal opportunities and treatment for people of African descent and Indigenous people;

Calls on States to developing and implementing national programs to ensure that individuals pertaining to historically marginalized groups have real access to basic services and rights, inter alia, education at all levels, health, food, social security, housing, sports, culture, sanitation and water.

14.	
(a)	(Urges States to) devise legislation and policies that are specific to combating racism, racial discrimination, xenophobia and related intolerance at the national level to complement the more general provisions enshrined in national constitutions;

(b)	(Encourages States to) establishing institutions at the national and regional levels to combat racism and monitor racist acts and phenomena;

(Calls on States to) conducting broad consultations at the national level in the implementation of the Durban Declaration and Programme of Action;

15.	Also calls upon States to develop social policies, as appropriate, in order to encourage stable and harmonious relationships between different nations, peoples and groups, fostering mutual understanding, solidarity, tolerance and the development of a culture of peace;

16.	Encourages States that are not yet parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families to consider doing so as a matter or priority in order to promote a more open and fair international environment in which the rights of migrants can be fully ensured and respected; 

17.	(Urges States to) preventing impunity for crimes motivated by racist or xenophobic attitudes (and) considering the racist motivation as an aggravated circumstance;

18.	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;

19.	Urge States, regional and international organizations and civil society to continue promoting respect for multiracial, multicultural, and multi-ethnic aspects of societies and to spread human rights awareness, with a view to combating all forms of racism, racial discrimination, xenophobia and related intolerance;

20.	Urge States to work to ensure that their political and legal systems reflect the multicultural diversity within their societies and, where necessary, to improve democratic institutions so that they are more fully participatory and avoid marginalization, exclusion and discrimination against specific sectors of society;

21.	
(a)	(Encourages States to) The development of a National Action Plan on Human Rights, including action steps to improve race relations.

(b)	(Calls on States to) establish, strengthen, review and reinforce the effectiveness of independent national human rights institutions, including a capacity to consider complaints.

(c)	(Urges States to) collect, analyse, disseminate and publish reliable statistical data on racism and racial discrimination, with the objective of monitoring the situation of marginalised groups.

(d)	(Calls for the) convening of interfaith dialogues on a regular basis at the national, regional and international level.

(e)	(Encourages) the development of national Diversity Action Programmes and the publication of national statements on religious diversity, language policy, and race relations.

(f)	(Also encourages) the publication and dissemination of an annual race relations review, including progress made and challenges.

(g)	(Urges the creation of) frameworks to encourage the active participation in national and local government of minority and/or new communities.

22.	(Calls upon States to) establish active recruitment policies, within both public and private sector, related to persons with immigrant background, counteracting all types of direct and indirect discrimination, including considering affirmative action schemes. Such recruitment programmes or special measures should incorporate a gender perspective and be cognizant of multiple forms of discrimination.






C.	Combating

23.	(Urges States to) adopting initiatives to eliminate multiple or aggravated discrimination, particularly gender-based discrimination.

24.		
(a)	(Highlights the importance of) issuing laws on the protection of particularly vulnerable ethnic groups and, as required and on a non-selective basis, laws that seek to protect particular groups that are more susceptible, in certain contexts, to racism;

(Calls upon States to) incorporating into domestic law obligations under the International Convention on the Elimination of All Forms of Racism;

(Also calls upon States to) elaborating specific laws on combating incitement to racial and religious hatred, in conformity with obligations under article 20 of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination;

25.	 Invites States to consider affirmative action and other equity-oriented public policies which attempt to remedy and overcome historical exclusions;

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







27.	Reiterates 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:

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 artefacts 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;

28.	Reiterates that the Office of the High Commissioner for Human Rights to create a database containing information on practical means to address racism, racial discrimination, xenophobia and related intolerance, particularly international and regional instruments and national legislation, including anti-discrimination legislation, as well as legal means to combat racial discrimination; remedies available through international mechanisms to victims of racial discrimination, as well as national remedies;

29.	Invites States to promote intercultural and inter-religious dialogue and cooperation at all levels, especially the local and grass-roots levels; 
D.	Treatment of Victims

30.		
(a)	(Encourages States to) elaborating democratic and inclusive processes to overcome centuriesold racism and racial discrimination, including the establishment of national truth and reconciliation committees and schemes aimed at empowering the victims of such discrimination;

(Calls for the) issuing (of) formal apologies to victims of colonialism and other historic injustices as a means of achieving healing and reconciliation in societies and redressing the impact of such injustices;

(Also calls for) recruiting for various posts at all levels through affirmative action schemes;

31.	Encourage States to promote at the national level strategies, policies and programmes, including affirmative action, for the promotion and protection of the economic, social and cultural rights of all victims of racism, racial discrimination, xenophobia and related intolerance and for affording greater opportunities to them to share in the prosperity and wealth of the societies they live in, as well as for guaranteeing that the benefits of development, science and technology contribute effectively to the improvement of the quality of life of such victims;

32.	Reiterates ing the importance of recognising the importance of damages caused by colonialism and taking note of the recent positive steps that some countries have made in taking compensatory measures.

33.	(Calls for the) establishment ing (of) mechanisms as collective compensation for the negative effects of previous assimilation policies towards national minorities, with the purpose of strengthening cultural identity through improving opportunities for cultural activities.

34.	(Underlines the importance of) durable settlement of historical grievances for indigenous populations, including an agreed historical account, apology, statutory instruments to recognise the claimants’ special interests and the provision of redress. 

35.	Identifies honouring the memory of the victims of past tragedies, issuing formal apologies to victims of colonialism and other historic injustices, paying  reparations and restituting art objects, historical artifacts and documents to their countries of origin as means of achieving healing and redressing the impact of such injustices; 

E.	Education, awareness-raising and training

36.	(Calls on States to) promote ing an inclusive pattern of education, which takes into consideration the diversity present in each society

(Also calls on States to) investing in education and awareness raising at an early age, including through leisure activities (sport games, youth camps, multicultural festivals)and undertaking a revision of curricula to raise awareness of different cultures and civilizations and in fair and objective perspectives and to promote a culture of human rights and respect for diversity 

(Encourages States to) disseminate ing a culture of equality and non-discrimination, including through awareness raising and education at all levels and through the media 

39.	 
(a)	(Urges the) establishment ing (of) institutions with the function of promoting tolerance and intercultural harmony through dialogue;

(Calls for the) introduction ing of educational curricula aimed at raising awareness of different cultures and civilizations with a fair and objective perspective and with the involvement of the concerned communities;

(Also calls for the) commemoration ing within the United Nations and beyond (of) the plight of victims of colonialism and other historic injustices;

Requests ing the Office of the High Commissioner for Human Rights to compile a series of best practices in areas such as access to housing, education, health, employment and institutional and legal frameworks pertaining to people of African descent and migrants;

(Also) requests ing the Office of the High Commissioner for Human Rights, the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization and other relevant organizations to develop databases and to disseminate good practices effectively;

40.	Encourages all States and relevant international organizations to initiate and develop cultural and educational programmes aimed at countering racism, racial discrimination, xenophobia and related intolerance and enhancing mutual understanding amongst various cultures and civilizations;

41.	(Calls for States to) promote ing measures to strengthen the role of education, training and awareness raising measures in the fight against racism and discrimination;

42.	Urge States to work to ensure that their political and legal systems reflect the multicultural diversity within their societies and, where necessary, to improve democratic institutions so that they are more fully participatory and avoid marginalization, exclusion and discrimination against specific sectors of society;

43.	
(a)	(Recognizes the importance of) education and awareness-raising on indigenous cultures, in particular in education curricula
(Also recognizes the importance of the) promotion of language diversity, including retention of indigenous languages
Acknowledges ment of positive contributions to race relations by individuals and organisations.

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

F.	Annex

45.	Regional examples
From June 2006 to September 2007, the Council of Europe ran a Campaign for Diversity, Human Rights and Participation, based upon the slogan “All Different – All Equal”. Various meetings, events, training courses and symposia were organized, concerning issues related to three pillars of the campaign: diversity, participation and human rights. Among the various events which took place all over Europe, five “thematic” weeks were organized in different European cities in order to raise public awareness and to stimulate reflection on issues closely related to the themes of the campaign.

46.	National examples 
a.	National education campaigns to combat racism 
b.	Manual on teaching of human rights in several languages 
Involving leaders of youth organizations in the elaboration of youth policies 
Anti-racism initiatives in the context of sports events
Workshops and similar events in educational institutions on the issue of racial discrimination against Roma and Sinti 
Policies of hiring immigrants in public and private spheres 
Establishment of a Roma People’s Fund aimed at improving opportunities for cultural activities and discontinuing the policy of assimilation towards the Romani people 
Having relevant projects scrutinized by indigenous peoples 
Panafrican Festival of Cinema and Television (FESPACO) and the international book festival (Burkina Faso)
Socio-cultural mediators (Portugal)
Roma Communities Support Cabinet (Portugal)
« My school against discrimination » (Portugal)
Preparation of a “White paper on intercultural dialogue” and reports on “Hate speech” and “Wearing of religious symbols in public areas” by the Committee of Experts for the Development of Human Rights (Council of Europe framework) (Sweden)
Manual on teaching of human rights in several languages (Armenia)
Involving leaders of youth organizations in the elaboration of youth policies (Armenia)
Anti-racism initiatives in the context of sports events (Italy)
Workshops and similar events in educational institutions on for instance the issue of racial discrimination against Roma and Sinti (Italy)
Policies of hiring immigrants in public and private spheres (Norway)
Establishment of a Roma People’s Fund which is aimed at improving opportunities for cultural activities and discontinuing the policy of assimilation towards the Romani people (Norway)
Having relevant projects scrutinized by indigenous peoples (IFAD)
Comprehensive and systematic policies for foreigners who reside in the Republic of Korea through the enactment of the Basic Act on the Treatment of Foreigners in Korea and establishing periodic five-year ‘Basis Plans for Policies Regarding Foreigners’ (Reply to Q by Republic of Korea)

47.	 (Cuba) Puesta en marcha, desde 1959, de un profundo proceso de transformaciones políticas y socio-económicas, dirigidas a eliminar los males, vicios y estereotipos heredados de anteriores políticas sustentadas, entre otras cosas, en concepciones discriminatorias, segregacionistas y racistas. Como parte de este proceso, se llevó a cabo la institucionalización de un marco jurídico y constitucional que garantiza la plena igualdad, sin discriminación de ninguna naturaleza, concebidos para la integración social y el desarrollo de aquellos sectores de la población históricamente desfavorecidos. 

Implementación de numerosos programas dirigidos a potenciar la igualdad, entre ellos: la universalización y gratuidad de la enseñanza, incluyendo la educación superior con sedes universitarias en todos los municipios del país; programas de salud totalmente gratuitos para toda la población sin distinción; programas de asistencia y protección social, deportes y cultura para todos los segmentos de la sociedad; programa acelerado de construcción de viviendas, entre otros.

Ayuda y cooperación solidaria y desinteresada a otros países en desarrollo, mediante el envío de médicos, enfermeras, maestros, entrenadores deportivos y técnicos, que brindan sus servicios gratuitamente a la población de esos países, beneficiando particularmente a los sectores más pobres y excluidos. También incluye un programa de otorgamiento de becas para cursar gratuitamente estudios en Cuba en diversas especialidades, a jóvenes de numerosos países de África, Asia, America Latina y Caribe. Creación de la escuela Latinoamericana y Caribe de Medicina  y la Escuela Internacional de Educación Física y Deportes donde han estudiado y estudien sin costo alguno miles de jóvenes latinoamericanos y caribeños provenientes de los sectores más pobres en sus países, en particular afrodescendientes e indígenas. También se ha materializado la colaboración y apoyo a la realización de programas sociales en países de la región, especialmente en materia de salud y educación, en beneficio de los sectores más excluidos y discriminados: Aplicación del método de alfabetización cubano “yo sí puedo” dirigido a erradicar el analfabetismo, que ha permitido la alfabetización de millones de personas. Aplicación del programa conocido como “Operación Milagro”, que ha permitido la intervención quirúrgica y cura de los problemas de visión a millones de personas, de forma gratuita.

50.








2