We the NGO Forum :
200. Recognizing that racism, racial discrimination, xenophobia and related intolerance
constitute gross violations of human rights which threaten and undermine democratic societies
and the Rule of Law and that institutional and structural racism manifests itself directly and
indirectly in the laws, policies and practices of governments, institutions, public service sector
and multinationals, declare that these violations must be addressed by appropriate legal
measures, policies and practices
201. Recognizing that Global economic institutions such as the World Bank, the International
Monetary Fund and the World Trade Organizations are dominated by the G7 countries and that
they perpetuate economic and social injustices in the developing nations, call upon the United
Nations to urgently review and address the structural imbalances and inequalities in such
institutions, in order to ensure equal access of opportunity and equality between developed and
developing nations. All States and governments and the United Nation should ensure that these
institutions meet all human rights standards and universal values.
202. Recognizing that multinationals operate in a Global environment without effective laws,
policies and practices to regulate them. Multinationals are often guilty of committing gross
human rights violations in developing countries and that this perpetuates economic, political and
social injustice thus causing further instability. We call upon the UN to appoint a special
Rapporteur whose mandate should be to investigate and to report on the role of multinationals in
the commission of gross human rights violations and such practices that perpetuate racism, racial
discrimination, xenophobia and related intolerance in all countries. The Report should make
specific recommendations relating to the establishment of a Special Covenant to govern the
conduct of multinationals globally
203. Recognizing that the structure of the Security Council perpetuates economic and social
injustice and racism, call upon the United Nations to restructure the Security Council to address
the imbalance in voting powers that has resulted in the perpetuation of racism for decades. Such
restructuring should address the issue of permanent and non-permanent membership so as to
ensure equity in the decision making process.
204. Recognizing the concerns of marginalized groups and persons within the global
community of the role and accountability of the Judiciary about the application and
interpretation of laws the impact of which perpetuates racism. We call upon the Commission on
Human rights to expand the mandate of the Special Rapporteur on the Independence of Judges
and Lawyers to deal with questions of accountability of the Judiciary and make
recommendations in respect thereof. The mandate of the Rapporteur should also include
recommendations on the training of Judges particularly in the areas of human rights and
humanitarian law and contemporary forms of racism within the system. The Special Rapporteur
on contemporary forms of racism should have his mandate extended similarly.
205. Recognizing that the efforts of the UN High Commissioner to effect positive changes in
Humanitarian law are severely hampered by the paucity of the budget allocated to such office,
call upon the UN to provide that office with a regular and proper budget to ensure its effective
functioning of that office.
206. Recognizing that globalization reinforces the exploitation and exclusion of developing
countries from the full benefit of economic and political and social development call upon
Governments to cancel the debts of developing countries.
207. Recognizing that whilst States are signatories to International and regional Instruments,
yet seldom comply with their obligations in terms thereof, thus perpetuating a culture of
impunity. We therefore call upon all States to ratify without reservation, and implement all
international and regionalinstruments. In particular:-
· The International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD);
· The International Covenant on Civil and Political Rights (ICPR);
· The International Covenant on Economic, Social and Cultural Rights (ICESCR);
· The Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW), and its additional Protocol;
· The Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families (MWC);
· The Rome Statute of the International Criminal Court (ICC);
· The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Convention Against Torture);
· The International Convention on the Rights of the Child (CRC); and
· The Vienna Declaration and Program of Action.
· The African Charter on Human and Peoples Rights
· The African Charter on the Welfare and Rights of the Child
· The OAU Convention on Specific Aspects on Refugees in Africa
· Convention Relating to the Status of Refugees
· European Convention for the Protection of Human Rights and Fundamental Freedoms
including Protocol 12 to this convention
· European Convention on Regional and Minority Languages
· European Framework Convention on Ethnic Minorities
· European Social Charter and Optional Protocol allowing for submission of collective
complaints
· The American Convention on Human Rights
· The American Declaration on the Rights and Duties of Man
· The First Optional Protocol to the International Covenant on Civil and Political Rights
and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women, allowing for the submission of individual and group complaints
· All ILO Conventions as well as UNESCO instruments
· The UN Convention on Transnational Organized Crime and Supplementary Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children
· 1949 Convention for the Suppression of Traffic in Persons and of the Exploitation of the
Prostitution
· Stockholm Agenda for Action Addressing the Sexual Exploitation of Children
The following measures should be addressed:
208. Urge States to adopt the draft Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights providing for a system of individual and collective
complaints.
209. Recognizing the 1998 ILO Declaration on Fundamental Principles and Rights at Work
which holds governments responsible for respecting and promoting a set of fundamental rights
for workers, including freedom of association, the elimination of forced labour, the abolition of
child labour, and the prohibition against discrimination in employment, as well as ILO
Convention169 on Indigenous Peoples and Conventions 97 and 143 on Migrant Workers.
210. Recognizing the value and importance of the binding general comments issued by
ICERD, we call upon States to:
211. Implement Art. 6 of ICERD which assures effective protection and remedies to victims
of racism and racial discrimination and accept the right to just and fair compensatory measures
for victims of racism and racial discrimination.
212. Implement Art. 7 of ICERD, which targets education as an essential, mean for
combating racism.
213. Lift any reservations to ICERD, and declare under Article 14 of the Convention that it
recognizes the competence of the UN Committee on the Elimination of Racial Discrimination
(CERD) to accept the filing of individual complaints to the Committee.
214. Support the UN in strengthening the role of CERD to allow for enforceable sanctions in
cases where CERD's Concluding Observations on the monitoring of States are not complied with
by governments within a reasonable period of time.
215. Request that State reports to CERD should include race and sex disaggregated data on
the impact and effect of the adopted legislation.
216. Develop in accordance with Article 71 of Part 2 of The Vienna Declaration a Program of
Action that requires "each State to consider the desirability of drawing up a national action plan
identifying steps whereby the State would improve the protection and promotion of human
rights", which include plans of action aimed at fighting racism, institutional or otherwise, racial
discrimination, xenophobia and related intolerance and promote partnership relations with civil
society mainly through specialized independent national institutions on human rights and
equality.
217. Create effective National institutions on human rights and equality. These institutions
should be independent and have the power to monitor the implementation of anti-discriminatory
legislation, to provide assistance and legal aid to victims and their families, to have recourse to
judicial authorities, and to have investigative, enforcement and policy making powers. These
institutions should reflect in their composition, the diversity of the society at large. They should
be funded adequately and should function without interference from the State and with all the
guarantees necessary for their independence and impartiality
218. Fully comply with international humanitarian law obligations and respect non-discrimination provisions binding on all parties to an armed conflict and ensure that the United
Nations Special Rapporteurs are always granted admission to all territories of armed conflict...
219. Adopt and implement comprehensive legislation expressly prohibiting discrimination in
all spheres of life, including but not limited to education, housing, employment, health care,
social services, access to citizenship, access to public places and all other goods and services
available to the public. Such legislation should integrate a full gender dimension, taking into
consideration the intersectional discrimination faced by marginalized communities and
vulnerable groups. The implementation of such legislation should be periodically reviewed.
220. Mainstream the issue of combating racism into all national policies and practices,
including all spheres of public life. Mainstreaming should include the application of equality
proofing, guidelines, positive actions, data production, proactive monitoring and impact
assessment. All groups experiencing racism, racial discrimination, xenophobia and related
intolerances should be encouraged to participate in such activities.
221. Identify and combat institutionalized racism in every sphere in which it appears and
systematically combat racist and xenophobic attitudes within governmental institutions and the
public sector and to review all existing legislation, administrative procedures and rules,
including those on citizenship, nationality and immigration to ensure that no provisions are
discriminatory.
222. Civil society should be involved in the design, implementation, monitoring and
evaluation of all policies and programmes to combat and prevent racism, racial discrimination,
xenophobia and related intolerance
223. Ensure that, in accordance with International Human rights standards, all groups and
persons whose rights have been violated have access to reparation.
224. Ensure the protection of persons or organizations that lay complaints and report
incidents of racism, discrimination, xenophobia and related intolerance.
225. Establish programs of affirmative action to include persons affected by racism, racial
and gender discrimination, xenophobia and related intolerance in the recruitment, hiring,
training, retention and promotion within the criminal justice system, particularly those impacted
by the intersectionality of these grounds.
226. Urge States to adopt policies to ensure that public funds are provided only to
organizations that have non-discrimination policies.
227. Urge States to recognize the need for uniform measures and the collection of
disaggregated data on racial and gender disparities in the enjoyment of fundamental human
rights, the complexities in establishing such uniform standards, the need to work with NGOs in
developing such measures and collecting such data, and to commit to the public disclosure and
dissemination of that data.
228. Urge States to acknowledge the need for technical and financial support to develop and
implement uniform measures and the collection of disaggregated data on racial disparities and
commit to the establishment of an international trust to provide for such assistance.
229. Call upon the UN to organize a follow-up conference in 2005 in order to evaluate the
progress made by States, governments and civil society in the fight against racism and to put in
place mechanisms to monitor implementation at an international level of all regional and
national action plans.
