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WCAR NGO FORUM DRAFT DECLARATION
PART A
(Draft, 31.08.2001, 17.00 pm)
1. We, the representatives of non-governmental organisations (NGOs) and other civil society groups from around the world gathered in Durban/South Africa during the week of 28 August - 3 September 2001 for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), guided by our commitment in the struggle against racism and racial discrimination and inspired by the recommendations of the NGO Forums held in Strasbourg/France, Santiago de Chile/Chile, Dakar/Senegal and Tehran/Iran in preparation for the World Conference, hereby make the following Declaration:
2. Solemnly acknowledging all those who suffered for justice and freedom in South Africa and honouring the memory of those who sacrificed their lives for the struggle against Apartheid and celebrating the spirit of the South African people in building a new society free of racism and racial discrimination and recognising that as a beacon of hope for the world community.
3. Saluting all those who struggled against racism and racial discrimination, genocidal practices and other racist acts, and honouring the memory of those who have given their lives for this struggle.
4. Taking note of the fact that the declaration of Apartheid as a crime against humanity was a progressive step taken by the international community in its quest to eradicate this inhumane racist state system, and recalling the positive role of the world community in supporting the struggle of the South African people against Apartheid.
5. Recognizing that all human beings are born free and equal in dignity and rights, and have the capacity to contribute constructively to the development and well-being of their societies and, that all human societies ascribed towards shared values of tolerance, solidarity, pluralism and multiculturalism;
6. Reaffirming that all human rights are universal, indivisible, interdependent and inalienable, and that all human beings are entitled to all these rights irrespective of distinction of any kind such as race, class, colour, sex, age, disability, sexual orientation, gender identity, language, national, ethnic, cultural or religious identity, caste, descent, occupation, social/economic status or origin, health, including HIV status, or any other status;
7. Recognising the richness of the diversity of cultures, languages, religions and peoples in the world and the potential within this diversity to create a world free of racism, racial discrimination, xenophobia and related intolerance.
8. Recognising that racism, racial discrimination, xenophobia and related intolerances are based on an ideological construct that assigns a certain group of persons a position of political, economic and social power over others through notions of racial superiority, dominance and purity.
9. Reaffirming the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) definition that racist ideologies are 'scientifically false, morally condemnable, socially unjust and dangerous' and that there is no justification for racial discrimination in theory and in practice, anywhere.
10. Considering that the roots of many contemporary manifestations of racism and racial discrimination can be located in the legacy of the slave trade, slavery, colonialism and foreign occupation which led to forced transplantation of peoples, massive dispossession of territories and resources and the destruction of political, religious and social systems for which an acknowledgement and reparations were never made, and which created historical injustices based on ideologies of superiority, dominance and purity, the consequences of which continue to this day.
11. Acknowledging the role played by United Nations in creating international legal rights and obligations against racism, racial discrimination, xenophobia and related intolerance, we nevertheless deplore the fact that efforts undertaken by governments and by the United Nations to implement these instruments and mechanisms are grossly inadequate, exclude civil society actors and have allowed perpetrators to go unpunished.
12. Appalled that the persistent failure of governments and the United Nations to address injustices and violations committed by non-state actors including injustices and violations committed by no-state actors, including international finance and trade institutions, transnational corporations, and militant and fundamentalist groups exacerbates and perpetuates racism, racial discrimination, xenophobia and related intolerance.
13. Appalled by the success of certain political parties and other groups that use racist and xenophobic ideologies in gaining political power.
14. Recognizing that while all religions advocate peace, tolerance, non-discrimination, respect and acceptance of the other, and that freedom of religion, belief and conscience contribute to the attainment of the goals of world peace, social justice and mutual understanding among peoples, yet there are situations in which religion is misused to further political goals that promote racism, racial discrimination, xenophobia and related intolerance.
15. Considering that racism, racial discrimination, xenophobia and related intolerance are the basis of gross violations of human rights and hate crimes, and thus hinder development and constitute a threat to peace and democracy and must be addressed by all appropriate means, including effective legal mechanisms.
16. Affirming that recognition of the right of all peoples to self-determination is critical to combat racism, racial discrimination, xenophobia and related intolerance and that subjugated peoples have a clear right to resist when their human rights are violated by state sanctioned oppression;
17. Affirming the rights of the Palestinian people to self-determination, independence and freedom
18. Recognizing that globalization is a historically uneven process based on colonial integration of the world economy and on maintaining unequal power relations between countries and regions of the world.
19. Deeply concerned that current forms of globalization and policies of international financial and trade institutions as well as the activities of transnational corporations prevent the full realization of economic, social and cultural rights of all peoples, deepen the social exclusion of groups that are most marginalized and heighten tension and manifestations of racism, racial discrimination, xenophobia and related intolerance.
20. Recognizing that in the context of globalization, discriminatory labour practices experienced by men and women, youth and children belonging to groups already marginalized by racism, racial discrimination, xenophobia and related intolerance which makes them vulnerable to increased exploitation.
21. Recognizing the rights of all victims of racism, racial discrimination, xenophobia and related intolerance to reparations of all forms to redress historical grievances and violations.
22. Recognizing environmental racism as a form of racial discrimination which refers to exploitation and depletion of natural resources and any environmental policy, practice, action or inaction that intentionally or unintentionally, disproportionately harms the health, quality of life and lifestyles of nations, communities, groups, or individuals.
23. Acknowledging that situations of armed conflict are often generated by racism, racial discrimination, xenophobia and related intolerance and that such conflicts in turn perpetuate racism and related forms of discrimination,
creating an environment conducive to violence against women and girls including sexual slavery, aggravating poverty, leading to the large-scale displacement of people and the proliferation of refugees and asylum seekers.
24. Denouncing the direct role played by certain transnational corporations and governments which lead to an increasing militarization on a global scale and in particular concerned about trafficking and trading in arms, the proliferation of the arms and armaments industries, the production of destructive weapons including landmines and small arms at the cost of spending on social infrastructure, all of which contribute to the perpetuation of racism, racial discrimination, xenophobia and related intolerance.
25. Recognizing that the persistence of racism, racial discrimination, xenophobia and related intolerance affirms the need for an intersectional analysis of discrimination which would address forms of multiple discrimination.
26. Noting that racism, racial discrimination, xenophobia and related intolerance create serious obstacles to the full enjoyment of human rights and result in aggravated discrimination against communities who already face discrimination on the basis of class, colour, sex, gender, age, disability, sexual orientation, gender identity, language, national, ethnic, cultural or religious identity, caste, descent, occupation, socio-economic status or origin, health, including HIV status, or any other status.
27. Recognizing homophobia as a particular form of discrimination and a form of multiple discrimination that makes gay, lesbian, bisexual and transgendered persons even more vulnerable to all forms of violence including hate crimes.
28. Affirming that multiple forms of discrimination against women limit or negate women's potential for the full enjoyment and exercise of their human rights and fundamental freedoms in almost all spheres of life, that patriarchal social structures reinforce all forms of discrimination against women, and that racism also creates new forms of patriarchal subordination of women.
29. Gravely concerned that racism, racial discrimination, xenophobia and related intolerance adversely affects the full realisation of rights of everyone to enjoy the highest attainable standard of physical and mental health, and that health status and in particular people infected or presumed to be infected and/or affected by HIV/AIDS suffer serious forms of discrimination.
30. Recognising the important role to be played by youth in the preparation and the follow up of the WCAR and the Youth Summit, acknowledge that young people are affected by multiple forms of discrimination which limit the full realisation of human rights, in addition their self-determination is not recognised, as a result of this it limits their full and active political, economic, and social participation.
31. Recognizing that the slave trade, slavery and colonialism as crimes against humanity reinforced by apartheid and other policies of racial segregation and that the failure and refusal to acknowledge and make reparations for these crimes against humanity have played a critical role in entrenching racism, racial discrimination, anti-black hostilities, xenophobia and related intolerance. Consequently, African and African descendants are prime victims of deep seated racist and prejudicial practices which are manifest in current day exclusion and marginalization which they face in the African diaspora and in Africa, which has paid and continues to pay a heavy price for this.
32. Recognizing that Asians and Asian Descendants have experienced specific forms of racism and xenophobia from the legacy of colonialism, Apartheid, indentured servitude, internment, and exclusionary migration laws.
33.Concerned about increasing antisemitism which leads to violence and hate crimes against Jewish people
34. Denouncing the pervasive nature of hate crimes, ethnic cleansing and genocide against members of communities that face racism, racial discrimination, xenophobia and related intolerance and who advocate for social change and self-determination
35. Affirming that members of far too many minority communities, including national, ethnic, religious and linguistic minorities are collectively and individually subject to all forms of racism and institutionalized discrimination including denial of citizenship, exclusion from political participation, denial of access to resources, political repression and genocidal practices because nation-state structures that are majoritarian deny the rights of minority communities including the right of self-determination.
36. Acknowledging that the Roma, who are a non-territorial nation, and the Sinti and Traveler communities who are dispersed in a worldwide diaspora are denied their right to a cultural identity, are disadvantaged and especially vulnerable to discrimination, persecution, stigmatization, and violence on the basis of their social origin and identity.
37. Affirming that indigenous peoples are bearers of collective rights which include their right to self-determination and to the legitimate exercise of control over their resources and dominion of their territories on the basis of their historical and cultural identity and have the right and responsibility to transmit to future generations their ancestral territories and identity.
38. Recognizing that the caste system discriminates against and segregates, on the basis of work and descent, whole communities such as Dalits in South Asia, Burakumin in Japan and the Osus and Orus in Nigeria, resulting in flagrant violations of human rights and dignity, with women and children of these communities being particularly vulnerable to barbaric forms of violence.
39. Deploring the lack of programs and policies that effectively address the intersectionality of the multiple forms of discrimination particularly faced by people with disabilities.
40. Noting with deep concern that racism, racial discrimination, xenophobia and related intolerance against documented and undocumented migrants, migrant workers and members of their families, refugees, asylum seekers, stateless and displaced persons is structural in character, is reflected in discriminatory legislation, policies and social practices, and manifest in both subtle and overt acts of hostility and violence against specific groups on the basis of differences in language, customs, religions, culture and position in international power relations
41. Recognizing that xenophobia is a particular form of discrimination and intolerance which describes prejudices, practices, attitudes and behaviour that reject, exclude and often vilify persons who are already marginalized because they are, or are presumed to be, foreigners.
42. Gravely concerned about the failure of states to protect the rights of all those living within their borders especially in the face of increasing xenophobic acts against migrants, migrant workers and members of their family, refugees, asylum seekers, trafficked, stateless and internally displaced persons and in particular concerned about restrictive immigration policies, the criminalization, stigmatisation and the scapegoating of these groups.
43. Noting with concern the increasing numbers of refugees, asylum seekers, stateless and internally displaced persons, most of whom are women and children, whose rights are not fully and appropriately protected by the relevant international, regional and sub-regional legal instruments or national legislation, and who consequently are more vulnerable to racism, racial discrimination, xenophobia and related intolerance in the receiving countries;
44. Recognizing that trafficking in persons as a contemporary form of slavery which primarily affects women and children of marginalized communities and which takes place within and across borders based on a patriarchal notions of sexuality and on economic inequalities.
45. Recognizing the need to give special consideration to the concerns and needs of victims of racism, racial discrimination, xenophobia and related intolerance including women, youth, persons of African descent, indigenous peoples, sexual minorities, disabled persons, the impoverished, and persons living in situations or countries in conflict, who are discriminated against by the criminal justice system, as well as to the incarceration and withholding of legal rights and services to asylum seekers and refugees.
46. Recognizing that victims of racism, racial discrimination, xenophobia and related intolerance have the right to effective civil and criminal remedies, including remedies against government agencies and officers, for victims of racial and other forms of discrimination who have been disparately impacted, disproportionately targeted, prosecuted and sentenced due to their race, nationality, ethnic background, religious beliefs or other differences.
47. Drawing inspiration from the slogan of the WCAR, 'UNITED TO COMBAT RACISM: EQUALITY, JUSTICE AND DIGNITY' and hopeful that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will affirm the commitment of the United Nations to developing practical, action oriented measures and strategies to combat racism, racial discrimination, xenophobia and related intolerance.
48. Convinced that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will be an important occasion for healing, reconciliation and emancipation of the victims of racism, racial discrimination, xenophobia and related intolerance, and encouraged by the growing universal momentum among all civil society actors for the creation of a world free from racism, racial discrimination, xenophobia and related intolerances
PART B
Africans and African Descendants
1. Africans and African Descendants share a common history shaped by the slave trade, slavery, conquest, colonisation and apartheid and a common experience of anti-Black racism, we acknowledge that people of African descent live all over the world, although in many instances they have been renamed, suppressed and marginalized. On every continent African and African Descendants continue to suffer from racism, discrimination, doctrines and practices of racial supremacy, hate violence and related intolerance. It is the complexity and intersection of these historical and continuing common roots, experiences and struggles to overcome them, that bind Africans and African Descendants together as a world community.
2. We recognise that the slave trade, specifically the Trans-Atlantic, Trans-Saharan, Trans-Indian Ocean, and slavery forced the brutal removal and the largest forced migration in history (over one hundred million), caused the death of millions of Africans, destroyed African civilizations, impoverished African economies and formed the basis for Africa's under-development and marginalization which continues to this date. We acknowledge that Africa was dismembered and divided among European powers, which created Western monopolies for the continued exploitation of African natural resources for the benefit of Western economies and industries.
3. We recognise also that part of the Trans-Saharan Slave Trade continues unabated to this day, despite international agreements that condemn slavery, the trafficking of African children for forced labor is still ongoing, whilst the enslavement and other forms of servitude of Africans and African Descendants have resulted in substantial and lasting economic, political and cultural damage to the continent. This form of exploitation is particularly damaging to African and African Descendant women, who are still victims of sexual trafficking and sexual exploitation.
4. We affirm that the Trans-Atlantic slave trade, slavery and colonization has uniquely impacted African and African Descendants women whose bodies, familial roles and reproductive ability have been used as a tool of oppression and exploited for the production of economic wealth and whose forced labour under inhumane circumstances and the use of specific negative stereotypes all have been and continue to be used to maintain the subordinate position of African and African Descendant women at the bottom of the social, economic, cultural and political system.
5. We recognise that the development of Africa has been greatly impeded by the global imbalances in power created by the slave trade, slavery and colonialism and other forms of exploitation and is maintained and extended particularly by neo-colonial economic policies and practices including the pillage of human and material resources of Africa and the draining of its financial resources by foreign debt services. The legacy of these abhorrent crimes is manifested in wars, displacements and the precarious socio-economic situation in which Africans find themselves.
Slave Trade and Slavery
6. Recognising that the Trans-Atlantic, Trans-Saharan and Trans IndianOcean slave trade and slavery based on economic exploitation, doctrines of racial supremacy and racial hatred have subjected Africans and African descendants, indigenous peoples and many others to the most horrific denigration of their being including classification as sub-humans and chattel subjugation to rape, forced labour, branding, lashings, destruction of their languages, cultures and psychological well-being resulting in structural subordination which continues to the present.
Reparations
7. Slave-holder nations, colonizers and occupying countries who have unjustly enriched themselves at the expense of those people that they enslaved, colonized and occupied. As these nations largely owe their political, economic and social domination to the exploitation of Africans, Africans in the Diaspora they should recognize their obligation to provide these victims just and equitable reparations;
8. The Trans-Atlantic, Trans-Saharan and Trans Indian Ocean Slave Trade, slavery and colonialism are the greatest crimes against humanity because of their abhorrent barbarism, their magnitude, long duration, numbers of people brutalized and murdered and because of their negation of the very essence of humanity of their victims, therefore, reparations programs must be comprehensive enough in addressing all areas of concern including economic, educational, health, land ownership and possession as well as the racially biased systems of administration of justice that brutalize Africans and people of African Descent;
9. There is an unbroken chain from the slave trade, slavery, colonialism, foreign occupation, apartheid, racial discrimination and the contemporary forms of structural racism that maintain barriers to the full and equal participation of the victims of racism and discrimination in all spheres of public life;
10. The enslavement of Indigenous Peoples, the appropriation of their lands and exploitation of their resources must be acknowledged and repaired and the historic precedents for reparations to the victims of gross violations of human rights should be applied to them;
11. Victims of declared and undeclared wars throughout the world have had their human rights violated because of their race, ethnicity and the intersection of race, ethnicity and gender and are in need of reparation;
AntiSemitism
12. Antisemitism is one of the oldest, most pernicious and prevalent forms of racism which still exists and is even increasing in many areas of the world; recognizing the dehumanization, persecution and genocide of Jews in the Holocaust, as well as other minorities during and before World War II; deeply alarmed by the continued activities of proponents of Holocaust denial and Holocaust revisionism, Holocaust trivialization, Holocaust minimization and by the channelling of racist rhetoric and calls to violence on the Internet; noting with distress that Jewish people still suffer from persisting prejudices and are victims of a deeply rooted antisemitism in many countries throughout the world; distressed by the recent desecration of many Jewish cemeteries, synagogues, and Jewish communal buildings and other property, as well as an increase in harassment and assaults of Jewish people worldwide; convinced of the necessity of more effective measures to address the issue of antisemitism worldwide today in order to counter these phenomena and increase awareness about them.
13. Antisemitism remains a pervasive and ingrained form of religious discrimination and Jewish people are increasingly a racialized minority; recognizing that Jewish populations and institutions continue to be targets of threats and acts of violence in countries around the world, and documented overt acts of antisemitic harassment and vandalism are on the rise; alarmed that extremist groups are proliferating at an alarming rate and propagating antisemitic and racist views and hate propaganda, increasingly on the Internet; deeply troubled by the electoral successes of far right parties, with an increasing presence in coalition governments; profoundly concerned that in many countries in the world, Jewish people live in fear, frequently terrorized by extremist groups, and discriminated against in employment, education, in the media and social services.
14. We are concerned with the prevalence of antizionism and attempts to delegitimize the State of Israel through wildly inaccurate charges of genocide, war crimes, crimes against humanity, ethnic cleansing and apartheid, as a virulent contemporary form of antisemitism leading to firebombing of synagogues, armed assaults against Jews, incitements to killing, and the murder of innocent Jews, for their support for the existence of the State of Israel, the assertion of the right to self determination of the Jewish people and the attempts, through the State of Israel, to preserve their cultural and religious identity,
Asians and Asian Descendants
15. Asians and Asian Descendants face deep-seated racism and xenophobia, lack access to political, economic and social opportunities, are denied civil rights and liberties, and are victims of hate crimes, racial profiling, discriminatory employment and unjust immigration policies and practices.
16. We note with concern that despite the contributions they have made to the countries where they have settled, and regardless of their long history of residence in these countries, Asian descendants continue to face distortion or omissions of their role in history in school texts and the media, and are viewed as inassimilable foreigners, security risks, spies and terrorists.
17. We are concerned that Diasporic Asian descendants are often criminalized and used as scapegoats for social and economic problems and international conflicts, and are subject to laws and practices that overtly and systematically discriminate against them.
18. We note with concern that Asian women in particular suffer many of the negative effects of globalization and of the intersection of sexism, racism and poverty, for example as manifested in the portrayal of Asian women as submissive and exotic sexual objects in the media as well as in traditional and historical negative attitudes that make them vulnerable to trafficking and forced migration as mail order brides, domestic workers, sex trade workers, low wage or sweat shop workers, and as bonded labour.
Caste and discrimination based on occupation and descent
19. Caste is a historically entrenched form of discrimination based on descent and occupation that results in segregation of communities, including the stigmatisation of certain of these communities as 'untouchable', allowing for flagrant violations of human rights and dignity of members of these communities, and making them, especially women, vulnerable to the most barbaric forms of violence.
20. Caste discrimination is a heinous crime against humanity which is based on a false ideological construct sanctioned by religion and culture which affects 260 million Dalits in South Asia, as well as others in the Asia Pacific and African regions at the personal, social and structural levels, irrespective of their religious affiliation.
21. 'Untouchability' is a manifestation of caste based discrimination that labels people as "polluted" or "impure", thereby denying them entry into places of religious worship, assigning them menial and degrading work such as cleaning toilets, skinning and disposal of dead animals, digging graves and sweeping
22. Discriminatory practices based on caste - distinction, exclusion and restrictions - deny Dalits' enjoyment of their economic, social, political, cultural and religious rights, exposing the victims to all forms of violence and manifests itself in the segregation of housing settlements and cemeteries, denial of access to common drinking water, restaurants, places of worship, tea stalls ('two-cup' system), restrictions on marriage and other insidious measures all of which inhibit their development as equals.
23. Caste discrimination and 'untouchability' practised against generations of Dalits for centuries together amounts to a massive and systemic generational genocide, resulting in the gradual destruction of their individual and collective identity, dignity and self-respect.
24. Any action or even any sign of an attempt to act by Dalits either individually or collectively to assert their rights is met with extreme measures of violence such as burning or destruction of their homes, property and crops, social boycott, rape or gang rape of Dalit women and murder by dominant caste individuals or groups, police or the bureaucracy, and that in such instances the State often acts with impunity and in connivance with these perpetrators.
Colonialism and Foreign Occupation
25. Colonialism represents one of the most serious violations of national sovereignty of states and breach of international law, and in almost all colonial territories serious crimes against humanity were committed by colonial powers.
26. Foreign occupation creates an environment in which the occupied people are exposed to a wide range of systemic and gross violations of human rights and freedoms, including dispossession, displacement and denial of their right to self determination.
People with Disabilities
27. Persons with Disabilities are vulnerable or affected by multiple and intersectional discrimination based on race, ethnic origin, gender, age and other grounds.
28. A growing number of persons living with disabilities are also victims of racism, racial discrimination, xenophobia and related intolerance, especially in situations of conflict and when victmised by religious persecution and other forms of intolerance.
29. Persons with disabilities experience multiple forms of discrimination due to their disability and other status and situations.
30. In particular, people with disabilities experience grave problems of access to public transport and buildings, and access to language, in situations when sign language and other forms of communication are not available.
31. Exclusion and non-consideration of disability in the allocation of resources is another key form of discrimination against persons with disabilities.
Education
32. Education is critically important in combating and preventing prejudice as well as the protection of individual human rights and specifically with regard to Indigenous Peoples, Dalits and other minority groups and further recalling that many State parties have not yet implemented ICERD article 7.
33. Bearing in mind that education is a primary function of understanding human rights and freedoms, we deplore the fact that some educational systems are used as tools for advancing racist, casteist and supremacists ideologies and in doing so employ texts, documents and other tools of learning that convey pejorative images of Africans, Indigenous Peoples, Asians and their descendants and members of other minority and marginalized communities.
34. Considering that schools and other centers of learning play a critical role in shaping future generations, we recognise that current efforts in schools and other centers of learning to combat racism, including challenging racist language, pejorative images are woefully inadequate.
35. We also note with concern the lack of school curricula that meets international standards, recognizing the value of having a school curricula that is devoid of discriminatory content and that teaches the principles of equality, dignity, rights and fundamental freedoms, adopting a holistic approach that includes a balance between a science and technology-based approach and a local knowledge and philosophy based approach.
36. We recognize the historical, financial and other institutional barriers faced by Africans, Indigenous Peoples, Asians and their descendants and members of other minority and marginalized communities when they seek to access institutions of higher learning.
Ethnic and National Minorities
37. Members of many minorities including national, ethnic, religious, cultural and linguistic groups are subjected, collectively and individually, to all forms of racism including denial of citizenship, exclusion from political participation, social and economic resources of the state, as well as genocide practices. The ways in which nation- or ethnic-state structures strengthen majority rule is a main factor in such exclusion.
38. The enjoyment of rights based on principles of human dignity and liberty has been a historical challenge, particularly for people who became national minorities in their homeland through processes of colonization and dispossession of their land. These processes have led to the denial of the right of minorities to sovereignty and self-determination.
39. We assert that minority groups are entitled to affirm their right to self determination which includes, inter alia, the recognition of their history, national memory, historical land claims, language rights, cultural rights, religious rights as well as the right to share political power.
40. Affirmative action, through the use of temporary measures is a method of redressing historical injustices and has often been used to advance the cause of minority communities. Regrettably, however, it has sometimes been used by states to promote majoritarian ethno-nationalism.
Environmental Racism
41. Environmental racism is a human rights violation and is a form of discrimination caused by government and private sector policy, practice, action or inaction which intentionally or unintentionally, disproportionately targets and harms the environment, health, biodiversity, local economy, quality of life and security of communities, workers, groups, and individuals based on race, class, color, gender, caste, ethnicity and/or national origin.
42. We condemn the abuse of all forms of power, greed, and exclusion of victims of environmental racism from decision-making, unequal enforcement, non-existent or ineffective environmental laws and regulations, manipulation of media and language barriers to perpetuate and conceal the environmental harms to human health, displacement of people, depletion of natural resources, and the degradation of biodiversity all of which are manifestations of environmental racism targeting Indigenous Peoples, Africans and African descendants, Asians and Asian descendants, Middle Eastern Peoples, Pacific Islanders, Latinos, Caribbean Peoples, and other social groups most vulnerable to practices of unsustainable development and militarization, especially children, women, the elderly, displaced, immuno-suppressed, as well as low and no income people.
Gender
43. An intersectional approach to discrimination acknowledges that every person be it man or woman exists in a framework of multiple identities. Factors such as race, class, ethnicity, religion, sexual orientation, gender, age, disability, citizenship, national identity, geo-political context, health, including HIV/AIDS status and any other status are all determinants in ones experiences of life. An intersectional approach highlights the way in which there is a simultaneous interact as a result of multiple identities, or by compartmentalizing the various forms of multiple discrimination.
Globalisation
44. Globalisation, structural adjustment policies, privatisation, trade liberalisation and unequal terms of trade contribute to the exclusion of all communities and individuals who are the victims of racism, racial discrimination, xenophobia and related intolerance. Women are particularly affected by these processes.
45. Globalisation is a process that is about power and its organisation and distribution. It impacts on every aspect of social life and on every country and region. It produces economic polarisation, social fragmentation and exclusion. Tools of globalisation like structural adjustments result in poverty, famine and the collapse of health and education systems. Globalisation also means economic destruction, unemployment, marginalisation. It particularly implies both feminisation and racialisation of poverty
46. The processes of social exclusion that take place as a part of globalisation creates situations of polarisation that result in the disintegration of local communities and even countries. It leads is about power and its organisation and distribution to an increase in organised crime and ethnic conflicts
47. Globalisation points to the continuity from colonialism to global control by multi-national corporations. It follows an anti-democratic model, and creates a network of laws and policies, integrating the world through markets and trade as well as through information and communication technology.
48. Globalisation is not in fact about globalisation, but about Americanisation and Europeanisation. It is economically oriented racism and casteism. It creates environmental racism, and leads to many different forms of violence, including militarisation of countries and cities. It uses the language of "good governance" to refer to corporate world governance. The UN itself is ruled by the same powers that control the process of globalisation.
49. Globalisation doesn't create new processes but reinforces existing exclusion. New available commodities increase the gap among "have" and "have nots". It creates a free market for capitals and goods but tries to restrict the movement of labour.
Hate Crimes
50. Members of marginalized and minority communities are targeted for hate crimes including burning of places of worship and religious symbols, desecration of places of worship, cemeteries and other sacred places. Violence against the leaders of such communities is of particular concern.
51. Hate crimes target individuals because of their identity and decimate lives and communities, stigmatizing individuals and communities, robbing people of personal security, promoting fear, constraining lifestyles and participation in all aspects of society, causing psychological and physical harm, repressing and silencing demands for justice and self-determination, undermining peace and democracy, and reinforcing racism, racial discrimination, xenophobia and related intolerance.
52. Many peoples and members of marginalized and minority communities are subjected to hate crimes and ethnic cleansing as they attempt to exercise their right to self-determination, including the Kurdish, Tibetan, Acehnese and West Papuan people
53. Hate crimes, ethnic cleansing and genocide include violence and murder, racist propaganda, incitements to violence, race riots, massacres, disappearances of members of communities advocating for social change and self determination and is perpetuated by organized hate groups, police, religious entities, governments, and individuals.
Health/HIV AIDS
54. Disadvantaged racial, ethnic and cultural vulnerable groups, indigenous people, migrants, people discriminated against based on caste, asylum seekers, refugees and internally displaced people and with special attention to women, youth, children and people with disabilities face multiple forms of discrimination in gaining access to affordable and good health care. In particular this has contributed to high rate of maternal mortality amongst women of marginalized communities.
55. We condemn the failure of governments, nongovernmental organizations and the private sector to respond aggressively to the most critical manifestation of international racism the AIDS pandemic which is reinforced for the poverty and poor health services.
56. Sexual orientation, gender identity and disabilities are often the basis for denial of access to quality, comprehensive, sensible cultural health care, including access to sexual and reproductive heath services
57. We condemn the unscrupulous practices of the tobacco, alcohol, drug and gun industries in their targeting of disadvantaged communities, particularly the promoting and encouraging of smoking in developing countries.
58. Governments and the international community should assure that the health care system is adequately funded, sustainable and effectively monitored; that the sources of funding for health care comes not only from the national government but also from the international community including cancellation of legitimate debt and decreased military spending.
59. Lack of routine and systematic research on physical and mental health and inadequate collection of data on the basis of race, gender and socio-economic factors related to health status and health care of vulnerable groups and access to quality health care heighten the experiences of racism and other forms of discrimination.
60. Women are at higher risk for HIV infection because of the epidemic of sexual violence against them
Indigenous Peoples
61. Indigenous Peoples live in every region of the world, including the Arctic,Africa, Russia, the Americas, Europe, Asia, Australia and the Pacific amongst other areas, and everywhere they suffer gross discrimination and marginalization. The belief in the inferiority of Indigenous Peoples, in addition to the lack of consultation on matters that effect them, remains deeply embedded in the legal, economic and social fabric of many States and has resulted in the dispossession and destruction of Indigenous territories and resources, political, religious and social systems.
62. Indigenous Peoples continue to suffer the loss of their territories and resources, the destruction of their cultures, and violence directed at their peoples. Indigenous women and children, in particular, endure multiple forms of discrimination. This dispossession, violence and discrimination constitute flagrant violations of our human rights in contravention of the Universal Declaration of Human Rights.
63. Indigenous Peoples are peoples within the full meaning of international law. Indigenous Peoples have the right to self-determination by virtue of which they freely determine their economic, social, political and cultural development and the inherent right to possession of all of their traditional and ancestral lands and territories. The knowledge and cultures of Indigenous Peoples cannot be separated from their unique spiritual and physical relationships with their lands, waters, resources and territories. The denial or qualification of the self-determination of Indigenous Peoples is racist and lies at the root of Indigenous suffering. Structural racism in past and current manifestations of colonialism, invasion, apartheid, ethnocide and genocide has denied, and continues to deny Indigenous Peoples their fundamental right to self-determination.
64. Racism against Indigenous Peoples manifests itself in discriminatory laws and policies that perpetuate and exacerbate racism against Indigenous Peoples. These laws and policies include the denial of the status of Indigenous Peoples with the right to self determination under international law; the militarization of indigenous lands and territories; doctrines that allow Indigenous territories to be taken without due process of law or adequate compensation; the unilateral extinguishment of indigenous land rights; the doctrine of plenary power; discrimination against Indigenous Peoples in the civil and criminal justice systems of States; failure to recognise the justice systems of Indigenous Peoples; the lack of equal participation of Indigenous Peoples in decision-making processes in matters that may affect their cultural, spiritual or physical integrity; the lack of respect for treaties, agreements and laws between Indigenous Peoples and States with no legal resource for Indigenous Peoples; the denial of protection of the religious freedom for Indigenous prisoners; the disproportionate incarceration of Indigenous Peoples; policies that deny, suppress or destroy Indigenous languages; and the presumption that Indigenous Peoples do not own subsoil resources under their lands.
65. Racism against Indigenous Peoples also manifests itself in many forms, including: forced and covert displacement; forced assimilation; forced removal of indigenous children from their communities; economic policies which exploit Indigenous resources without Indigenous consent and without returning any benefit to Indigenous communities; the use of sexual violence against Indigenous women as a weapon of war; misinformation and lack of reproductive information, imposition of dangerous contraceptives on Indigenous girls and women, and forced sterilisation of Indigenous girls and women; the appropriation of Indigenous intellectual and cultural property, including genetic property , and the use of the images of Indigenous peoples and individuals without their consent.
66. Religious Intolerance towards Indigenous spiritual practices and the profaning of indigenous sacred sites and objects has been a fundamental instrument in the subjugation of Indigenous Peoples since the invasion and the beginning of colonialism, and is a persistent evil that States must take action to end.
67. Environmental racism -- an historical form of racial discrimination -- has led to and continues to lead to the ruination of indigenous lands, waters and environments by the implementation of unsustainable schemes, such as mining, biopiracy, deforestation, the dumping of contaminated waste, oil and gas drilling and other land use practices that do not respect indigenous ceremonies, spiritual beliefs, traditional medicines and life ways, the biodiversity of indigenous lands, indigenous economies and means of subsistence, and the right to health.
Labour
68. Racism as experienced by most migrant, immigrant, indigenous as well as second generation descendent workers is manifested through multiple forms of discrimination practiced in the workplace and in the communities in which they live. These include restrictive and exclusionary immigration and labour laws and policies, the denial of trade union rights, exploitative working conditions, low wages and non payment of wages, lack of access to public services such as health, housing and social security. It also includes subtle and overt acts of hostility and violence based on colour, race, nationality, gender, age, caste, class and ethnicity. This discrimination is structural in nature and contravenes international standards. Undocumented migrant workers are doubly at risk of racism and xenophobia. Their lack of legal status is too often used as an excuse to deny human rights, including access to the law and social services.
69. The negative effects of globalisation has a specific impact on workers. In particular globalisation has a negative effect on women who are trafficked as as sex trade workers or employed as low wage and sweat shop workers.
70. Colonialism, slavery and other forms of servitude are primary sources of racism, race discrimination and xenophobia and despite international agreements to outlaw slavery, the trafficking of African children for slavery and forced labour is still ongoing whilst the enslavement and other forms of servitude of Africans and African descendants, Asian and Asian descendants and other marginalized groups have resulted in substantial and lasting economic, political and cultural damage to these peoples. This form of exploitation is particularly damaging to African and African descendant women, who are still victims of sexual trafficking and sexual exploitation.
71. The policies and programmes of the WTO and International Financial Institutions (in particular the IMF and World Bank) often aggravate racism and other discriminatory practices.
72. Recognising the valuable role of trade unions, as democratic and representative organizations of working people and their unique functions of trade unions in fighting racism and discrimination in the labour market and in society generally, we recognize the central role of those affected by racism in developing, implementing and monitoring policies and programmes to eliminate racism.
Media and Communication
73. We affirm the fundamental right to freedom of expression and freedom of the press as a key tenet of human rights and a free democracy. We recognize, however, that media plays an important role in shaping people's attitudes and beliefs about race and this impact is increasing with globalization and increasing concentration of media ownership.
74. We believe that information and communication technology can be used as a positive tool to combat racism, racial discrimination, xenophobia, caste-based discrimination and related intolerance and can promote tolerance, respect for diversity in ways that help ensure opportunity, empowerment and access to information.
75. Information and communication technology is a factor in global inequities as developed countries not only have greater access to these technologies but are also producers of these technologies thereby rendering developing countries consumers. We urge equal development that results in greater equity and balance in both access to resources and training opportunities to develop key skills.
Migrants and Migrant Workers
76. The restructuring of the global economy facilitates the flow of capital and goods but tries to restrict the the flow of labour. However, the reality is that migrants and migrant workers, both documented and undocumented, contribute in a variety of ways to the well-being and enrichment of their own societies as well as of the societies in which they reside and work.
77. Recognising this contribution, we reaffirm the need for legal recognition of their equal rights and opportunities in these countries, including the access to permanent residency, citizenship, and the recognition of their own independent status in all immigration matters, especially for women and children.
78. Migrants and migrant workers as well as members of their families are vulnerable to racism, racial discriminationm, xenophobia and related intolerance. The technical qualifications, skills and expertise of migrants and migrant workers need to be valued, and their full and fair access to employment in both the public and private sector need to be ensured.
79. Women migrants and migrant workers are especially vulnerable to all forms of violence and abuse due to the ways in which sexist and patriarchal ideologies frame the current international division of labour, undervaluing women's work, contributing to the feminization of the work force and restricting women to sectors of employment such as domestic work and entertainment.
Palestine
80. Appalled by the on-going colonial military Israeli occupation of the Occupied Palestinian Territories (the West Bank including Jerusalem, and the Gaza Strip). Declare and call for an immediate end to the on-going Israeli systematic perpetration of racist crimes including war crimes, acts of genocide and ethnic cleansing (as defined in the Statute of the International Criminal Court), including uprooting by military attack, and the imposition of any and all restrictions and measures on the population to make life so difficult that the only option is to leave the area, and state terrorism against the Palestinian people. Recognize that all of these methods are designed to ensure the continuation of an exclusively Jewish state with a Jewish majority and the expansion of its borders to gain more land, driving out the indigenous Palestinian population.
81. Declare that this alien domination and subjugation with the denial of territorial integrity amounts to colonialism, which denies the fundamental rights of self-determination, independence and freedom of Palestinians. Condemn this process of settler colonialism through the on-going collective punishments, expropriation and destruction of Palestinian lands, homes, property, agricultural land and crops; the establishment of illegal Israeli settlements, the mass transfer of Israeli Jewish populations to the illegally expropriated Palestinian land and the development of a permanent and illegal Israeli infrastructure, including by-pass roads.
82. Declare Israel as a racist, apartheid state in which Israels brand of apartheid as a crime against humanity has been characterized by separation and segregation, dispossession, restricted land access, denationalization, ¨bantustanization¨ and inhumane acts.
83. Appalled by the inhumane acts perpetrated in the maintenance of this new form of apartheid regime through the Israeli state war on civilians including military attacks, torture, arbitrary arrests and detention, the imposition of severe restrictions on movement (curfews, imprisonment and besiegement of towns and villages), and systematic collective punishment, including economic strangulation and deliberate impoverishment, denial of the right to food and water, the right to an adequate standard of living, the right to housing, the right to education and the right to work.
84. Recognize that targeted victims of Israel´s brand of apartheid and ethnic cleansing methods have been in particular children, women and refugees. Condemn the disproportionate numbers of children and women killed and injured in military shooting and bombing attacks. Recognize the right of return of refugees and internally displaced people to their homes of origin as guaranteed in international law.
85. Appalled by the discrimination against the Palestinians inside Israel which include:The imposition of discriminatory laws, including the discriminatory laws of return and citizenship, which emphasize the ethnicity of the Israeli state as a Jewish state; the granting of benefits or privileges solely to the Jewish Israeli citizens; the imposition of restrictions on the civil and political rights of Palestinians because of their national belonging or because they do not belong to the majority ethnic group;The negation of the right of Palestinians to equal access to resources of the State and civil equality, including affirmative action policies, which recognize the historical discrimination against Palestinians inside Israel.
Refugees, Asylum Seekers, Stateless and Internally Displaced Persons
86. There is an inextricable link between racism, racial discrimination, xenophobia and related intolerance and the creation of situation which generate refugees, asylum seekers, stateless and displaced persons.
87. In situations of flight and displacement, in refugee camps and in the process of resettlement, refugees, asylum seekers, stateless and displaced persons are especially vulnerable to all forms of violence and abuse and are denied their human rights.
88. 80% of the world's refugees are women. Women refugees, asylum seekers, stateless and displaced persons are victimised due to the intersectionality of gender and other forms of discrimination and face many difficulties in every stage of their flight and displacement.
Religious Intolerance
89. Welcome the initiative of the UN Secretary General in convening the Millenium Peace Summit for World Spiritual and Religious Leaders in celebrating the 20th anniversary of the UN Declaration on the Elimination of All Forms of Intolerance Based on Religion or Belief and looking forward to its full implementation by all States.
90. Recognizing that some religious communities and institutions have acknowledged their historical complicity in perpetrating the ground for, or reinforcing colonilaization, apartheid, the Slave Trade and slavery, we call for all other concerned religious institutions to undertake the same action and that they should declare racism and racism discrimination as moral and ethical sins.
91. The freedom of expression, thought, conscience, religion and belief without any distinction, exclusion or restriction or preference should form the basis on which States protect the right of individuals and groups to profess and practice their own religion or belief as well as to ensure their right to effectively participate in civil, political, economic, social and cultural life.
Roma
92. Anti-Tziganisms is a specific form of racism and racial discrimination against Roma , manifested by stigmatization, flagrant violations of their fundamental human rights, denied access to public services, education, employment, denied participation to decision-making processes at local and central administration levels, persecution, abuse, violence, forced deportation, ethnic cleansing, extermination and ethnocide.
93. Drawing lessons from history, we declare as crimes against humanity the slavery of Roma, the ethnocide / forced assimilation and genocide against Roma and the extermination of Roma during the Holocaust.
94. Acknowledging the transnational character of the Roma identity and its common roots from India, we strongly support the right of Roma to be recognized by the UN, by the regional inter-governmental bodies and organizations, by States and by the whole world, as a non-territorial nation.
95. Deploring the public educational policies that deny the development of the esteem of children and youth of Roma, we strongly condemn the monocultural autarchic and inflexible educational system which ignores or stigmatizes the Roma cultural identity.
96. Deploring the Roma lack of equal access to employment and social services, including justice, housing, schooling, health care and public information, we strongly condemn those legislative provisions and public policies that encourage such practices or avoid measures to combat them and we consider this fact as being institutionalized racism.
Sexual Orientation
97. Despite the existence of binding international agreements and conventions establishing the principles of non-discrimination and equality without distinctions regarding race, age, language, ethnic group, culture, religion, disability or other status, and growing recognition of the freedom of sexual orientation as a fundamental human right, there remain serious obstacles to the full enjoyment of civil and political rights, as well as economic, social and cultural rights of lesbian, gay, bisexual and transgendered persons.
98. There are high rates of physical, sexual and psychological violence in the public domain and in private life as well as hate crimes against lesbian, gay, bisexual and transgendered persons, particularly in cases aggravated by other forms of discrimination.
99. Discrimination and intolerance based on sexual orientation and gender identity have led to high suicide rates among lesbian, gay, bisexual, and transgendered persons in many parts of the world.
100. Whenever measures are not taken to provide a clean environment because of discrimination on the basis of race, gender, ethnicity, caste and untouchability, age, sexual orientation, gender identity, disabilities, religion, culture, social status, nationality and other forms of discrimination, has often caused increased health problems for many members of these groups.
101. We note with great concern that racism, racial discrimination, xenophobia and other intolerance, including homophobia and sexism, have played a significant role in barring access to education and treatment for those infected, presumed to be infected and affected by HIV/AIDS.
102. We also note with deep concern the dissemination in the media of stereotypes and pejorative images of Africans, African descendants, Indigenous Peoples, Dalits, migrants and other groups affected by intolerance and discrimination and particularly, women and lesbian, gay, bisexual and transgendered persons of these groups.
Youth and Children
103. Children and young people, particularly young Indigenous Peoples, African and African Descendants, Roma Peoples, Dalits, minorities and peoples of oppressed nationalities, ethnicities or caste within their States are discriminated against, excluded from and marginalized in the decision making processes, resulting in the limiting of the full and active participation in the political, economic and cultural sectors. In addition, children and young people, particularly girl children and young women are discriminated against in education, health, civil and criminal justice, media and the environment.
104. We strongly condemn public educational policies that deny the development of children and young people's self-esteem, through monocultural autarchic and inflexible educational systems which ignore or stigmatise any children and young people, such as but not limited to Indigenous peoples, African and African Descendants, Roma Peoples, Dalits, minorities and peoples of oppressed nationalities, ethnicities or castes.
105.
106. Young persons are often portrayed as criminals, based on stereotypes of race, class and sexual orientation, and this criminalization results in further marginalization of this community.
Trafficking
107. Trafficking in persons is a form of racism that is recognized as a contemporary form of slavery and is aggravated by the increase in racism, racial discrimination, xenophobia and related intolerance. The demand side in trafficking is created by a globalized market, and a patriarchal notion of sexuality. Trafficking happens within and across boarders, largely in conjunction with prostitution.
108. Women and children are especially vulnerable to trafficking, as the intersectionality of gender, race and other forms of discrimination leads to multiple forms of discrimination.
109. Trafficking in persons must always be dealt with not purely as a law enforcement issue but within a framework of respect for the rights of trafficked persons.
Posted on 2001-09-03
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