PROVISION OF EFFECTIVE REMEDIES, RECOURSE, REDRESS, COMPENSATORY AND
OTHER MEASURES AT THE NATIONAL,
REGIONAL AND INTERNATIONAL LEVELS
98. We
emphasize the importance and necessity of teaching about the facts and
truth of the history of humankind from antiquity to the recent past, as
well as of teaching about the facts and truth of the history, causes,
nature and consequences of racism, racial discrimination, xenophobia and
related intolerance, with a view to achieving a comprehensive and
objective cognizance of the tragedies of the past;
99. We
acknowledge and profoundly regret the massive human suffering and the
tragic plight of millions of men, women and children caused by slavery,
the slave trade, the transatlantic slave trade, apartheid, colonialism
and genocide, and call upon States concerned to honour the memory of the
victims of past tragedies and affirm that, wherever and whenever these
occurred, they must be condemned and their recurrence prevented. We
regret that these practices and structures, political, socio-economic
and cultural, have led to racism, racial discrimination, xenophobia and
related intolerance;
100.
We acknowledge and profoundly regret the untold suffering and evils
inflicted on millions of men, women and children as a result of slavery,
the slave trade, the transatlantic slave trade, apartheid, genocide and
past tragedies. We further note that some States have taken the
initiative to apologize and have paid reparation, where appropriate, for
grave and massive violations committed;
101.
With a view to closing those dark chapters in history and as a means of
reconciliation and healing, we invite the international community and
its members to honour the memory of the victims of these
tragedies. We further note that some have taken the initiative of
regretting or expressing remorse or presenting apologies, and call on
all those who have not yet contributed to restoring the dignity of the
victims to find appropriate ways to do so and, to this end, appreciate
those countries that have done so;
102.
We are aware of the moral obligation on the part of all concerned States
and call upon these States to take appropriate and effective measures to
halt and reverse the lasting consequences of those practices;
103.
We recognize the consequences of past and contemporary forms of racism,
racial discrimination, xenophobia and related intolerance as serious
challenges to global peace and security, human dignity and the
realization of human rights and fundamental freedoms of many people in
the world, in particular Africans, people of African descent, people of
Asian descent and indigenous peoples;
104.
We also strongly reaffirm as a pressing requirement of justice that
victims of human rights violations resulting from racism, racial
discrimination, xenophobia and related intolerance, especially in the
light of their vulnerable situation socially, culturally and
economically, should be assured of having access to justice, including
legal assistance where appropriate, and effective and appropriate
protection and remedies, including the right to seek just and adequate
reparation or satisfaction for any damage suffered as a result of
such discrimination, as enshrined in numerous international and
regional human rights instruments, in particular the Universal
Declaration of Human Rights and the International Convention on the
Elimination of All Forms of Racial Discrimination;
105.
Guided by the principles set out in the Millennium Declaration and the
recognition that we have a collective responsibility to uphold the
principles of human dignity, equality and equity and to ensure that
globalization becomes a positive force for all the world’s people, the
international community commits itself to working for the beneficial
integration of the developing countries into the global economy,
resisting their marginalization, determined to achieve accelerated
economic growth and sustainable development and to eradicate poverty,
inequality and deprivation;
106.
We emphasize that remembering the crimes or wrongs of the past, wherever
and whenever they occurred, unequivocally condemning its racist
tragedies and telling the truth about history are essential elements for
international reconciliation and the creation of societies based on
justice, equality and solidarity;
General
157.
Recognizes the efforts of developing countries, in particular the
commitment and the determination of the African leaders, to seriously
address the challenges of poverty, underdevelopment, marginalization,
social exclusion, economic disparities, instability and insecurity,
through initiatives such as the New African Initiative and other
innovative mechanisms such as the World Solidarity Fund for the
Eradication of Poverty, and calls upon developed countries, the United
Nations and its specialized agencies, as well as international financial
institutions, to provide, through their operational programmes, new and
additional financial resources, as appropriate, to support these
initiatives;
158. Recognizes
that these 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. The Conference recognizes 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;
159. Urges
international financial and development institutions and the operational
programmes and specialized agencies of the United Nations to give
greater priority to, and allocate appropriate funding for, programmes
addressing the development challenges of the affected States and
societies, in particular those on the African continent and in the
Diaspora;
Legal assistance
160. Urges
States to take all necessary measures to address, as a matter of
urgency, the pressing requirement for justice for the victims of racism,
racial discrimination, xenophobia and related intolerance and to ensure
that victims have full access to information, support, effective
protection and national, administrative and judicial remedies, including
the right to seek just and adequate reparation or satisfaction for
damage, as well as legal assistance, where required;
161. Urges
States to facilitate for victims of racial discrimination, including
victims of torture and ill-treatment, access to all appropriate legal
procedures and free legal assistance in a manner adapted to their
specific needs and vulnerability, including through legal
representation;
162. Urges
States to ensure the protection against victimization of complainants
and witnesses of acts of racism, racial discrimination, xenophobia and
related intolerance, and to consider measures such as, where
appropriate, making legal assistance, including legal aid, available
to complainants seeking a legal remedy and, if possible, affording
the possibility for nongovernmental organizations to support
complainants of racism, with their consent, in legal procedures;
National legislation and programmes
163.
For the purposes of effectively combating racism and racial
discrimination, xenophobia and related intolerance in the civil,
political, economic, social and cultural fields, the Conference recommends
to all States that their national legislative framework should expressly
and specifically prohibit racial discrimination and provide effective
judicial and other remedies or redress, including through the
designation of national, independent, specialized bodies;
164. Urges
States, with regard to the procedural remedies provided for in their
domestic law, to bear in mind the following considerations:
(a)
Access to such remedies should be widely available, on a
non-discriminatory and equal basis;
(b)
Existing procedural remedies should be made known in the context of the
relevant action, and victims of racial discrimination should be helped
to avail themselves of them in accordance with the particular case;
(c)
Inquiries into complaints of racial discrimination and the adjudication
of such complaints must be carried out as rapidly as possible;
(d)
Persons who are victims of racial discrimination should be accorded
legal assistance and aid in complaint proceedings, where applicable free
of charge, and, where necessary, should be provided with the help of
competent interpreters in such complaint proceedings or in any civil or
criminal cases arising therefrom or connected thereto;
(e)
The creation of competent national bodies to investigate effectively
allegations of racial discrimination and to give protection to
complainants against intimidation or harassment is a desirable
development and should be undertaken; steps should be taken towards the
enactment of legislation to prohibit discriminatory practices on grounds
of race, colour, descent, or national or ethnic origin, and to provide
for the application of appropriate penalties against offenders and
remedies, including adequate compensation, for the victims;
(f)
Access to legal remedies should be facilitated for victims of
discrimination and, in this regard, the innovation of conferring a
capacity on national and other institutions, as well as relevant
non-governmental organizations, to assist such victims should be
seriously considered, and programmes should be developed to enable the
most vulnerable groups to have access to the legal system;
(g)
New and innovative methods and procedures of conflict resolution,
mediation and conciliation between parties involved in conflicts or
disputes based on racism, racial discrimination, xenophobia and related
intolerance should be explored and, where possible, established;
(h)
The development of restorative justice policies and programmes for the
benefit of victims of relevant forms of discrimination is desirable and
should be seriously considered;
(i)
States which have made the declaration under article 14 of the
International Convention on the Elimination of All Forms of Racial
Discrimination should make increased efforts to inform their public of
the existence of the complaints mechanism under article 14;
Remedies, reparations, compensation
165. Urges
States to reinforce protection against racism, racial discrimination,
xenophobia and related intolerance by ensuring that all persons have
access to effective and adequate remedies and enjoy the right to seek
from competent national tribunals and other national institutions just
and adequate reparation and satisfaction for any damage as a result of
such discrimination. It further underlines the importance of
access to the law and to the courts for complainants of racism and
racial discrimination and draws attention to the need for judicial and
other remedies to be made widely known, easily accessible, expeditious
and not unduly complicated;
166. Urges
States to adopt the necessary measures, as provided by national law, to
ensure the right of victims to seek just and adequate reparation and
satisfaction to redress acts of racism, racial discrimination,
xenophobia and related intolerance, and to design effective measures to
prevent the repetition of such acts;
