![]()
Having met at Geneva from
1 to 12 August 1983 in accordance with General Assembly resolution 37/41, and
marking the culmination of the Decade for Action to Combat Racism and Racial
Discrimination,
Recalling that the Charter
of the United Nations is based on the principles of the dignity and equality of
all human beings and seeks among its basic objectives to achieve international
co-operation in solving international problems of a political, economic,
social, cultural or humanitarian character and in promoting and encouraging
respect for human rights and fundamental freedoms for all without distinction
as to race, sex, language or religion,
Further recalling that the General
Assembly designated the ten-year period beginning on 10 December 1973 as the
Decade for Action to Combat Racism and Racial Discrimination,
Recalling also the first
World Conference to Combat Racism and Racial Discrimination, held in 1978 in
Geneva,
Reaffirming the goals of the
Decade: to promote human rights and fundamental freedoms for all, without
distinction of any kind such as race, colour, descent, or national or ethnic
origin, especially to resist all policies and practices that contribute to the
strengthening of racism, racial discrimination or apartheid; to
identify, isolate and dispel the fallacious and mythical belies, policies and
practices that contribute to racism, racial discrimination and apartheid;
and to counteract the emergence of alliances based on mutual espousal of racism
and racial discrimination,
Having reviewed national, regional
and international activities undertaken in the Decade for Action to Combat
Racism and Racial Discrimination,
Determined to promote the
implementation of the Universal Declaration of Human Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
International Convention on the Elimination of All Forms of Discrimination
against Women, the International Covenants on Human Rights, the International
Convention on the Suppression and Punishment of the Crime of Apartheid,
the Convention on the Prevention and Punishment of the Crime of Genocide, the
Discrimination (Employment and Occupation) Convention (1958) of the
International Labour Organisation and the Convention Against Discrimination in
Education (1960) of the United Nations Educational, Scientific and Cultural
Organization,
Endorsing the Programmes of
Action Against Apartheid adopted by the International Conference on
Sanctions Against South Africa, held in Paris from 20 to 27 May 1981, and the
International Conference in Support of the Struggle of the Namibian People for
Independence, held in Paris from 25 to 29 April 1983,
Considering that racism and
racial discrimination are serious violations of fundamental human rights and
that for the full enjoyment of these rights, which are indivisible and
interdependent, national and international actions are required to improve the
living conditions of men and women of all nations, at the political, economic,
social and cultural level,
Noting with the gravest
concern that apartheid, which is a crime against humanity, as well as
racism and racial discrimination, which are an affront to the conscience and
dignity of mankind, continue to afflict the world and pose a serious danger of
greater conflict and increased international tension,
Recognizing that the economic
and social injustices emanating from racism, racial discrimination and apartheid
call for all-out and continuous efforts to eradicate the root causes of these
evils,
Affirming the importance of
education, teaching and training for the elimination of racism and racial
discrimination which, in particular, should expose the myths and erroneous
theories inherent in racism and racial discrimination,
Affirming its conviction
that the mass media can provide dominated groups with the means of expressing
themselves and can thereby contribute to understanding and to a respect for
differences,
Recognizing the importance of
the support given to the International Convention on the Elimination of All
Forms of Racial Discrimination by 121 States and the additional support
provided by States declaring their recognition of the competence of the
Committee on the Elimination of Racial Discrimination to receive communications
from individuals and groups of individuals,
Reaffirming its appeal to
States which have not yet become parties to the International Convention on the
Elimination of All Forms of Racial Discrimination to do so as part of their
contribution to the objectives of the Decade for Action to Combat Racism and
Racial Discrimination and its conviction that until such States ratify the
Convention they should utilize the provisions of the Convention as guidelines
in combating racial discrimination and in securing the realization of the
principle of equality at both the national and international levels,
Recognizing the central
importance of national legislative, judicial and administrative action to
combat racial discrimination, and the specific value of recourse procedures for
the implementation of human rights norms,
Recognizing that persons
belonging to national, ethnic and other minorities are protected under the
relevant international instruments, in particular under the International
Convention on the Elimination of All Forms of Racial Discrimination and the
International Covenant on Civil and Political Rights, including its article 27,
and that continued vigilance is required to obviate any measures which
discriminate against such groups; and that United Nations initiatives in
respect of the rights of persons belonging to minorities and indigenous
populations merit the widest support,
Recognizing that in order to
achieve the aim of conducting an effective struggle against racism and racial
discrimination it is necessary to work for the immediate establishment of a
just and equitable international order and that, to that end, the establishment
of a new international economic order would be a very important step in
combating the causes that give rise to racism and racial discrimination,
Recognizing that international
co-operation is an essential condition for effectively combating racism, racial
discrimination and apartheid,
Recognizing the rights of
indigenous populations as laid down in existing international instruments,
Recognizing that apartheid
is a deliberate policy of the racist white minority to ensure and perpetuate
the exploitation and degradation of the black majority in South Africa,
Solemnlv reaffirms
and declares that:
1. All human beings
are born equal in dignity and rights. Any doctrine of racial superiority is,
therefore, scientifically false, morally condemnable, socially unjust and
dangerous, and has no justification whatsoever;
2. Racism and
racial discrimination are continuing scourges which must be eradicated
throughout the world;
3. Consequently, national, regional and international educational resources should be developed and used in ways which will promote mutual understanding between all human beings and demonstrate and teach the scientific basis of ethnic and racial equality and the value of cultural diversity with a view to destroying the basis of racist attitudes and practices;
4. All peoples and
all human groups have contributed to the progress of civilization and cultures
which constitute the common heritage of humanity;
5. All forms of
discrimination are violations of fundamental human rights, and governmental
policies which are based on the theory of racial superiority, exclusiveness or
hatred also jeopardize friendly relations among peoples and co-operation
between nations, and thereby jeopardize international peace and security;
6. Apartheid
as an institutionalized form of racism is a deliberate and totally abhorrent
affront to the conscience and dignity of mankind, a crime against humanity and
a threat to international peace and security;
7. In South Africa
the most extreme form of racism has led to a form of exploitation and
degradation which is in clear contradiction to the principle of human rights
and fundamental freedoms for all without distinction as provided for in the
Charter of the United Nations;
8. The creation of
bantustans is an inhuman policy designed to dispossess the African people of
their land, deprive them of their citizenship and consolidate the political and
economic domination of the minority white population of South Africa; this
policy has been condemned by the international community, and should continue
to be rejected and condemned;
9. United Nations
sanctions against the racist South African regime must be implemented strictly
and faithfully by all States in order to isolate it further. Assistance and
collaboration in the economic, military, nuclear and other fields constitutes
an impediment to the struggle against apartheid. It is the obligation of
all Governments to develop appropriate legislation and regulations that would
prevent transnational corporations from following those practices which assist
and support the racist regime in Pretoria or which exploit the natural
resources and people of South Africa and Namibia;
10. All those who
contribute to the maintenance of the system of apartheid are accomplices
in the perpetuation of this crime;
11. The Conference
commends the selfless efforts of the people of South Africa and Namibia under
the leadership of their national liberation movements for national independence
and the establishment of a non-racial democratic society. It also reaffirms the
legitimacy of the struggles and calls upon the international community to increase
its moral, political and material support to these peoples;
12. Support should
be provided to national liberation movements recognized by their respective
regional organizations as a concrete form of international solidarity with all
oppressed peoples and with all victims of racism and racial discrimination,
colonialism and apartheid;
13. The Conference
condemns the frequent and unjustified acts of aggression, destruction and
sabotage, which the racist South African regime, directly and through the use
of mercenaries and armed bandits, continues to perpetrate against the
front-line States and other independent African States in the subregion because
of their opposition to apartheid, assistance to refugees and support for
the liberation movements. It therefore calls on all States to offer such
assistance as would enable the front-line States and the other independent
African States in the subregion to strengthen their defence capacity and
peacefully rebuild their countries;
14. The Conference
expresses its deep concern that many neo-Nazi and Fascist organizations have
stepped up their activities which have encouraged tendencies towards racism and
racial discrimination. Accordingly, measures should be taken against all ideologies
and practices, such as apartheid, nazism, fascism and neo-fascism based
on racial or ethnic exclusiveness or intolerance, hatred, terror or systematic
denials of human rights and fundamental freedoms;
15. The
proscription of racism and racial discrimination by law should be accompanied
by vigorous efforts to ensure equality in the economic, social and cultural
fields; and in particular special programmes, such as affirmative action
programmes, should be developed to address the problem of racism and racial
discrimination inherent in the system and institutionalized;
16. Education and
information should provide an efficient means of action to combat racism and
racial discrimination; the Conference supports the efforts of the United
Nations Educational, Scientific and Cultural Organization for a more efficient
utilization of education and information to combat racism and racial prejudice;
it is also the responsibility of all Governments and all leaders of opinion
within each society to educate people, especially children and youth, by all
available means, to promote an awareness of the evils of racism, racial
discrimination and apartheid and to ensure respect for the dignity and
worth of all human beings. Information media should be encouraged to disseminate
information on United Nations activities and programmes related to the
elimination of racial discrimination;
17. Apartheid,
racism and systematic racial discrimination are gross violations of human
rights emanating from and leading to serious inequalities in the political and
economic fields as well as in the fields of education, health, nutrition,
housing, job opportunities and cultural development, and consequently the
action required to combat such policies and practices should include measures
at the national, regional and international levels, to improve the political,
economic, social and cultural living conditions of men and women of all
nations. International co-operation for development has an important role to
play in securing the resources required by the developing countries to overcome
these obstacles;
18. Governments
should make clear their condemnation of all propaganda and all organizations
which are based on ideas and theories of the superiority of one race or group
of persons of one colour or ethnic origin, which attempt to justify or promote
racial hatred and discrimination in any form, and should adopt measures
designed to eradicate all incitement to, or acts of, such discrimination in
accordance with article 4 of the International Convention on the Elimination of
All Forms of Racial Discrimination;
19. The Conference
condemns any form of co-operation with South Africa, notably the existing and
increasing relations between Israel and the racist regime of South Africa, in
particular those in the economic and military fields, and deplores and warns
against co-operation between them in the nuclear fields; it particularly
deplores the expansion and intensification of those relations at the time when
the international community is exerting all its efforts towards the objective
of completely isolating the racist regime of South Africa; the Conference views
this co-operation as an act of deliberate choice and a hostile act against the
oppressed people of South Africa, as well as a defiance of the resolutions of
the United Nations and the efforts of the society of nations to ensure freedom
and peace in southern Africa; the Conference also notes with concern the
insidious propaganda by Israel against the United Nations and against
Governments which are firmly opposed to apartheid;
20. The Conference
recalls with deep regret the practices of racial discrimination against the
Palestinians as well as other inhabitants of the Arab occupied territories
which have such an impact on all aspects of their daily existence that they
prevent the enjoyment of their fundamental rights; the Conference expresses its
deep concern about this situation and calls for the cessation of all the
practices of racial discrimination to which the Palestinians and the other inhabitants
of the Arab territories occupied by Israel are subjected;
21. Persons
belonging to national, ethnic and other minorities can play a significant role
in the promotion of international co-operation and understanding, and the
national protection of the rights of persons belonging to minorities in
accordance with the International Convention on the Elimination of All Forms of
Racial Discrimination, and the International Covenant on Civil and Political
Rights, including its article 27, is essential to enable them to fulfil this
role; the Conference stresses that granting persons belonging to minority
groups the opportunity to participate fully in the political, economic and
social life of their country can contribute to the promotion of understanding, co-operation
and harmonious relations between persons belonging to the different groups
living in a country; the Conference also recognizes that in certain cases
special protection of the rights of persons belonging to minority groups may be
called for, in particular by the adoption of effective measures in favour of
persons belonging to particularly disadvantaged minority groups; the Conference
endorses the action taken so far by the competent United Nations bodies to
protect persons belonging to minorities, especially the present action of the
Commission on Human Rights to elaborate a draft declaration on the protection
of the rights of persons belonging to minorities, and is confident that future
action currently envisaged will appropriately enhance the international
protection of the rights of persons belonging to minorities; in promoting and
guaranteeing the rights of persons belonging to minorities, there should be
strict respect for the sovereignty, territorial integrity and political
independence of the countries where they live and for non-interference in their
internal affairs;
22. The rights of
indigenous populations to maintain their traditional economic, social and
cultural structures, to pursue their own economic, social and cultural
development and to use and further develop their own language, their special
relationship to their land and its natural resources should not be taken away
from them; the need for consultation with indigenous populations as regards
proposals which concern them should be fully observed; the Conference welcomes
the establishment of the United Nations Group on Indigenous Populations;
23. Whenever there
is racial discrimination, women are often doubly discriminated against;
consequently, further special efforts are called for to eliminate the effects
of racial discrimination on the status and situation of women, and to ensure
conditions promoting women's equal participation in the political, economic,
social and cultural life of their societies. In this context, the implementation
of the International Convention on the Elimination of All Forms of
Discrimination against Women is of particular importance;
24. Relevant
national and international bodies should consider specifically the
psychological and physical consequences for children who are victims of racial
discrimination, and should take care that special measures to counteract these
effects are included in their future programmes;
25. The general
principle of non-discrimination, with particular regard to refugees fleeing
from apartheid, racism and racial discrimination, should be applied
scrupulously in regard to refugees, particularly in respect of their admission,
treatment and non-refoulement in countries providing refuge, including refuge
on a temporary basis, and of international solidarity in providing assistance
and in promoting durable solutions;
26. The urgent need
to protect the rights of immigrants, migrant workers, as well as the human
rights of those who are undocumented, and their families all over the world
requires that States should ensure that their legislation, administration and
other practices fully conform with international standards protecting the
rights of migrant workers and their families, to mitigate and eliminate the
social, economic and other causes of discriminatory measures or attitudes still
existing to the detriment of migrant workers and their families; the Conference
urges States Members of the United Nations to speed up the present work within
the United Nations to elaborate a draft Convention on the Protection of the
Rights of Migrant Workers and Members of their Families;
27. States,
international organizations, governmental and non-governmental organizations,
local and private institutions, religious institutions and trade unions should
ensure the total and effective realization of the goals and objectives of the
Decade for Action to Combat Racism and Racial Discrimination;
28. A Second Decade
to Combat Racism and Racial Discrimination should be launched by the General
Assembly with a view to achieving the total elimination of racism, racial
discrimination and apartheid;
To this end, the
Second World Conference to Combat Racism and Racial Discrimination adopts the
following Programme of Action:
Programme of Action
A. Action to
combat apartheid
1. The Conference calls on all
States, United Nations organs and intergovernmental and non-governmental
organizations to ensure the full and universal implementation of mandatory
Security Council resolutions and to make efforts to implement other United Nations
resolutions. Particular attention should be paid to specific measures,
including those contained in the present Programme of Action, designed to ensure the implementation of the
provisions relating to apartheid.
2. The Conference reaffirms
that the system of apartheid in South Africa is the most extreme form of
institutionalized racism, a crime against humanity, an affront to the conscience and dignity of
mankind, and that South Africa's policies and practices constitute serious
breaches of and threats to regional stability and to international peace and
security. The Conference calls upon all States, international organizations,
private institutions and non-governmental organizations to render increased
political and material assistance to the oppressed people of South Africa and
Namibia, and to accelerate greatly campaigns for obtaining the release of all
political prisoners imprisoned for their activities against apartheid.
3. The Conference further
reaffirms the legitimacy of the struggle of the oppressed people of South
Africa and Namibia and their national liberation movements for the elimination
of apartheid by all available means, including armed struggle, and the
special responsibility of the United Nations and the international community to
provide them with moral, political and material assistance in the realization
of their quest to exercise their right to self-determination.
4. The Conference reiterates
the commitment of the United Nations to the total eradication of apartheid
and to the establishment of a democratic society in which all the people of
South Africa as a whole, irrespective of race, colour, sex or creed, will enjoy
equal and full human rights and fundamental freedoms and participate freely in
the determination of their destiny.
5. The Conference reaffirms
the international community's rejection of the bantustanization policy and
similar measures which are an integral part of the discriminatory apartheid
system and which deny the black majority their legitimate rights to their land
and to their citizenship of South Africa.
6. The Conference further
confirms the international community's rejection of the regime's so-called reforms, especially the limited
parliamentary representation for the
coloureds and Asians designed to split the black alliance and buttress
the apartheid system.
7. The Conference requests all
States to implement strictly the embargo on the sale and transfer of arms and
related military materials imposed against South Africa under Security Council
resolution 418 (1977). The Conference further urges the Security Council to
adopt urgent measures to strengthen the arms embargo in accordance with the
recommendations of the Council's committee established under its resolution 421
(1977).
8. The Conference requests the
Security Council to consider urgently the imposition of mandatory sanctions,
under Chapter VII of the Charter of the United Nations, against the apartheid
regime of South Africa, and in particular:
(a) The cessation of all collaboration with
South Africa in the nuclear field as such collaboration would enhance South
Africa's capacity to develop nuclear weapons;
(b) The prohibition of all technological
assistance or collaboration in the manufacture of arms and military supplies to
South Africa;
(c) The cessation of foreign investments in,
and financial loans to, South Africa;
(d) An embargo on the supply of petroleum,
petroleum products, and other strategic commodities which would enable South
Africa to continue implementing its apartheid policy;
(e) The interruption of trade relations with
South Africa.
9. The Conference strongly
condemns the racist regime of South Africa for its systematic oppression of and
discrimination against the overwhelming majority of the population of South
Africa and for its continuing illegal occupation of Namibia. The Conference
also condemns acts of military aggression and acts of political and economic
destabilization perpetrated by South Africa against the independent
neighbouring States of Angola, Botswana, Lesotho, Mozambique, Seychelles,
Swaziland, Zambia and Zimbabwe, as well as South Africa's activities of
recruiting, training, financing and arming mercenaries for aggression against
and destabilization of the neighbouring States which creates instability in this
part of the world.
10. The Conference calls for
increased international assistance and support to front-line States and other
independent States in the subregion subjected to threats and actions of
aggression and destabilization by the apartheid regime of South Africa,
in order to enable them to strengthen their defence capacity, defend their
sovereignty and territorial integrity, fight the adverse South African and
other propaganda that undermines the racial harmony and peace in the subregion,
and peacefully rebuild and develop their countries.
11. The Conference calls upon
States to sever all sporting, cultural and scientific links with the racist
regime and with organizations or institutions in South Africa which practise apartheid
and to discourage their nationals from having any such contacts.
12. The Conference calls on
all States that have not yet done so:
(a) To refrain from any relations with the apartheid
regime which could contribute to the continuance of the apartheid
policy;
(b) To discourage or prevent, all business
enterprises, including transnational corporations, in so far as they are under
their jurisdiction or control, from any collaboration with the racist regime of
South Africa, as such collaboration may contribute towards the continuance of
its apartheid policy.
13. The Conference, reaffirming the direct responsibility of the United Nations for Namibia pending its achievement of genuine self-determination, national independence and territorial integrity, demands the immediate and unconditional implementation of Security Council resolution 435 (1978) of 29 September 1978 and calls upon all States, intergovernmental organizations, private institutions and non-governmental organizations to make an active contribution to this aim. The Conference further calls on all Governments and transnational corporations to implement Decree No. 1 for the protection of the natural resources of Namibia adopted by the United Nations Council for Namibia, and also calls for the implementation of the measures referred to in section C of the General Assembly resolution 37/233 on Namibia.
14. The Conference calls on
all States, intergovernmental organizations, private institutions and
non-governmental organizations to continue to take all necessary measures to
ensure the termination of all economic and financial collaboration with the
racist regime of South Africa as such assistance will contribute to the
continuance of the policies of apartheid and to refrain from taking any
action that might imply recognition of, or support for, the illegal occupation
of the Namibian territory by that regime. In this connection, the Conference
cautions against unilateral attempts to relax the application of the sanctions
already imposed by the Security Council.
15. The Conference urges the
International Bank for Reconstruction and Development and the International
Monetary Fund as well as similar institutions to refrain from extending any
credits to the racist regime of South Africa.
16. The Conference calls upon
all States to use effectively education, teaching and training to create an
atmosphere for the eradication of racism and racial discrimination. These media
should serve as channels for exposing the myths and fallacies of theories,
philosophies, ideas and attitudes that are inherent in discriminatory actions
based on differences of race, colour, descent and ethnic or national origin. It
is imperative for all States to apply strictly the principle of
non-discrimination and equality in the matter of education as contained in the
United Nations Educational, Scientific and Cultural organization Convention
against Discrimination in Education. The Conference invites States:
(a) To examine history, geography and social
studies textbooks with a view to correcting any erroneous assessment of
historical and social data, or their unbalanced presentation, giving rise to
racial prejudice;
(b) To ensure that teachers are made conscious
of the degree to which they may reflect the prejudice of their society and are
instructed to avoid such prejudices;
(c) To provide adequate opportunities in
schools and institutions of higher learning for the study of the activities of
the United Nations in combating racism, racial discrimination and apartheid;
(d) To provide pupils and students at all
levels with access to literature and documentation on racism, racial
discrimination and apartheid;
(e) To ensure that the teaching staff of
institutions reflect, as far as possible, the racial and ethnic composition of
the community. Affirmative action programmes should be instituted to facilitate
the hiring of teachers who represent the racial, ethnic and linguistic
composition of the community;
(f) To make available the resources of schools
and of teaching and training facilities to persons belonging to all population
groups;
(g) To take remedial measures in instances
where particular racial, ethnic, linguistic or other groups have had a history
of being placed at a disadvantage because of their origin and where such a
situation has contributed to a lower level of education and a lower standard of
living for persons belonging to various population groups. This is the
responsibility of society. This might necessitate special educational
programmes at all levels of the society;
(h) To make law enforcement agents aware in
their training of the possibility of reflecting the prejudice of their society;
(i) To ensure that school curricula promote a
dialogue between persons belonging to the various groups of the society. These
should be responsive to the needs and backgrounds of all these persons and
foster, where possible, an interchange of cultural experience. In this regard,
persons belonging to ethnic minorities and racial groups should be allowed to
inculcate in students the practices and values of the respective cultures.
Efforts should also be made to allow the topic of human rights to permeate the
curricula.
17. National institutions
should inform the general public of the nature of their human rights as provided
for in the existing international instruments directed towards combating
racism, racial discrimination and apartheid as well as in other
instruments based on the principles contained in the Universal Declaration of
Human Rights or as otherwise covered in national legislation. The general
public should be advised by the national institutions on the means of enforcing
their rights according to national law. National institutions should ensure
that persons are made aware of their own rights and those of others and should
assist them in the matter of protecting and enforcing their rights. These
institutions should mobilize public opinion in their countries against
violations of human rights, especially gross and massive violations, and in
particular against the practice of apartheid, racism and genocide.
18. One of the fundamental
objectives of programmes of education and scientific research undertaken in
national institutions should be the elimination of racial discrimination and
prejudice.
19. It is imperative that all
States apply strictly the principle of non-discrimination and equality in the
matter of education and adhere to the principles set forth in the United
Nations Educational, Scientific and Cultural Organization Convention against
Discrimination in Education. It is important that the right to enter any school
should be guaranteed to every child. The availability of special or
supplementary education for children belonging to disadvantaged racial and
ethnic groups may be appropriate in some cases for their development.
20. International agencies
such as UNESCO should continue their work in the field of human rights education and promote
such programmes on a continuing basis as guidelines for textbook analysis,
teacher training, curriculum development and other undertakings and, in
particular, should develop materials explaining how discrimination inherent in
the system and institutionalized can be addressed through remedial programmes
such as affirmative action plans.
21. As recommended by the
International Conference on Apartheid and Health, which was held in
Brazzaville from 16 to 20 November 1981, the World Health Organization should
continue to implement the Plan of Action in favour of the victims of apartheid,
in particular in the fields of health, education and training.
C. Dissemination of information and the role of the mass media in combating racism and racial discrimination
22. The mass media should play
a vital role in disseminating information on methods and techniques used in
combating racism, racial discrimination and apartheid. The mass media
should, taking into account the Declaration adopted by UNESCO in 1978 on basic
principles concerning contribution of the mass media to strengthening peace and
international understanding, promoting human rights and combating racism and apartheid
and incitement to war, regard it as their task, by disseminating information on
the aims, aspirations, cultures and needs of all peoples, to contribute to
eliminating ignorance and misunderstanding between peoples, to making nationals
of a country sensitive to the needs and desires of others, to ensuring respect
for the rights and dignity of all nations, all peoples and individuals without
distinction as to race, sex, language, religion or nationality and in that way
to contribute to protecting them against any influence of propaganda supporting
racism and racist regimes.
23. Mass media should
contribute to raising the awareness of peoples of the close link between the
struggle against apartheid and all forms of racism and racial
discrimination and the struggle for international peace and security, in
conformity with the provisions contained in the UNESCO Declaration of 1978.
24. Lack of self-expression
through the mass media on the part of persons belonging to racial and ethnic
minorities in society can often cause the mass media to become one-sided or
distorted. Media of all kinds - radio, television, films, the press,
advertising, booklets and public meetings - as well as traditional forms such
as drama and story-telling could play a vital role.
25. Events and activities
aimed at combating racism and racial discrimination should be given broad
coverage by the media. Mention may be made of such activities as conferences,
seminar workshops and round-tables, as well as meetings of United Nations
organs dealing with a particular question and publication and wide distribution
of pertinent resolutions and decisions of such bodies. Success stories in
combating racial discrimination through legislation, executive action or
community action programmes should be given publicity, and the negative and
evil side of racism and racial discrimination highlighted. Comic strips, films
and magazines for children and adults should be screened with a view to eliminating
any form of racial stereotyping, whether favourable or unfavourable. Events
having a racial aspect should be presented in their economic and social,
cultural and political context; they should not be treated as mere news items.
26. The negative and positive
influences exercised by the media in their role as information-conveyors,
entertainers, educators and advertisers should be studied. In addition, the
media should seek to raise public consciousness about the positive roles and
achievements of racial and ethnic groups from all walks of life throughout
history. Efforts should be made to produce radio and television programmes
depicting the evils of racial discrimination in a vivid way - for example, by
illustrating the plight of individual victims of racial discrimination. Such
audio and visual presentations are likely to have great impact, particularly in
areas where literacy is not widespread.
27. There should be adequate
opportunity within the mass media for persons belonging to groups which are
victims of discrimination to express their own points of view, particularly by
producing programmes or reports themselves. In addition, persons belonging to
such groups should have equal access to the professions within the mass media,
especially journalism.
28. National institutions
should widely publicize basic texts on the elimination of racism, racial
discrimination and apartheid as well as other human rights texts
D. Measures for the promotion and protection of human rights of persons belonging to minority groups, indigenous populations and peoples and migrant workers who are subjected to racial discrimination
29. Throughout the various
regions of the world there is a diversity of peoples, cultures, traditions and
religions that encompasses, in many instances, various minority groups. There
is a need for constant effort and continued vigilance on the part of all
Governments to obviate any form of racial discrimination based on race, colour,
descent or national or ethnic origin, in accordance with article 1 of the
International Convention on the Elimination of A11 Forms of Racial
Discrimination.
30. National and local
institutions, as adapted to the needs and conditions of each country, can play
an important role in the promotion and protection of human rights, in the
prevention of discrimination and the protection of the rights of persons
belonging to national and ethnic minorities, of indigenous populations and of
refugees. Such national and local institutions could be of varying types,
including judicial, administrative, conciliatory, social and educational. Any
or all of these types of institutions could be utilized by individual countries
according to their own circumstances and needs.
31. In the area of legislation, Governments should abolish and
prohibit any discrimination within their jurisdiction. Such legislation should
seek to promote and protect the human rights of persons belonging to minority
groups in accordance with the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination and other
relevant international instruments. Persons belonging to minorities should
enjoy all human rights and fundamental freedoms without any discrimination as
to national or ethnic origin, language, religion or sex.
32. Governments should create
favourable conditions and take measures that will enable persons belonging to
national or ethnic minorities within their jurisdiction to express their
characteristics freely and to develop their education, culture, language,
traditions and customs and to participate on a non-discriminatory and equitable
basis in the cultural, social, economic and political life of the country in
which they live. In maintaining their culture and traditions such persons
should be in a position to develop the necessary contacts inside and outside their
country with due respect for the sovereignty, territorial integrity, the
principle of non-interference by one State in the internal affairs of another
State, and the political independence of the States concerned.
33. States should undertake to
combat the causes of inter-group antagonism by adopting concrete measures
designed to promote understanding, co-operation and harmonious relations among
members of population groups. Where tension and friction exist, their
elimination cannot be achieved if the realities of political, economic,
cultural, religious and linguistic differences between the various components
of the society concerned are not taken into account.
34. With respect to indigenous
populations, Governments should recognize and respect the basic rights of such
populations:
(a) To call themselves by their proper name and
to express freely their own identity;
(b) To have official status and to form their
own representative organizations;
(c) To maintain within the areas where they
live their traditional economic structure and way of life; this should in no
way affect their right to participate freely on an equal basis in the economic,
social and political development of the country;
(d) To maintain and use their own language,
wherever possible, for administration and education;
(e) To enjoy freedom of religion or belief;
(f) To have access to land and natural
resources, particularly in the light of the fundamental importance of rights to
land and natural resources to their traditions and aspirations;
(g) To structure, conduct and control their own
educational systems.
35. Indigenous populations
should be free to manage their own affairs to the fullest practicable extent,
and should be consulted in all matters concerning their interests and welfare,
wherever possible through formal consultative arrangements. Special measures
should be taken to remedy past dispossession, dispersal and systematic
discrimination.
36. Funds should be made
available by the national authorities for investments, the uses of which are to
be determined with the participation of the indigenous populations themselves,
in the economic life of the areas concerned, as well as in all spheres of
cultural activity.
37. Governments should allow
indigenous populations within their territories to develop cultural and social
links with related or similar populations, taking into account the important
role of international organizations or associations of indigenous populations,
and with due respect for the sovereignty, territorial integrity and political
independence of those countries in which indigenous populations live.
38. The Conference further
urges States to facilitate and support the establishment of representative
non-governmental international organizations for indigenous populations through
which they can share experiences and promote common interests. The
Sub-Commission on Prevention of Discrimination and Protection of Minorities
should ensure that the urgent work being carried out by its Working Group on
Indigenous Populations is continued so that the complex issues involved can be
analysed and appropriate measures taken at the international and national
levels.
39. In view of the
vulnerability of indigenous populations to discrimination and violations of
their human rights, and of the gravity of the threat faced by indigenous
populations in some parts of the world, Governments should pay close attention
to situations in which the rights of indigenous populations may be violated or
denied, in order to prevent such violations, which should be widely publicized
as soon as they are detected.
40. States receiving migrant
workers should eliminate all discriminatory practices against such workers and
their families by giving them treatment no less favourable than that accorded
to their own nationals. Host countries should eliminate from their legislation
any type of legal or other provisions which may discriminate against migrant
workers on the basis of their respective nationalities. This should pertain,
inter alia, to vocational training, the type of posts that migrants may
occupy, the type of contracts accorded to migrant workers, the right to seek
employment in any part of the country, regulations governing working
conditions, trade-union activity and access to judicial and administrative
tribunals to air grievances concerning discrimination. With a view to combating
xenophobia, host countries should develop information campaigns in order to
disseminate the idea of equality between nationals and migrant workers.
41. The following measures
could also be undertaken by Governments to protect the rights of migrant
workers:
(a) The General Assembly should complete, as
soon as possible, the elaboration of an international convention on the
protection of the rights of all migrant workers and their families. The
Conference considers that the conclusion of this convention by the United
Nations would constitute an important contribution to its endeavours to protect
fundamental human rights, because the convention would be added to the other
instruments protecting these rights; the Conference recommends, pending the
conclusions of the above-mentioned Convention, that a joint consultative
mechanism be established in host countries with a view to contributing to good
relations and mutual understanding;
(b) States should ratify, accede to and
implement the international instruments aimed at protecting migrant workers
from discrimination, including the relevant conventions of the International Labour
Organisation;
(c) Migrant workers and members of their
families should have the same rights as citizens of the State concerned as
regards access to and treatment by the courts and tribunals;
(d) All migrant workers should enjoy treatment
no less favourable than that accorded to nationals of the receiving State in
respect of remuneration;
(e) Migrant workers should be ensured equal
treatment with national workers in the field of social security, including the
right to a retirement pension and similar social rights, while having their
lawful residence in the host country;
(f) Host countries should be invited to
co-operate with countries of origin to provide migrant workers and their
families with the necessary facilities in the fields of education and
information for safeguarding their cultural identity;
(g) The children of migrant
workers should be enabled to receive education in their mother tongue and on different
aspects of their cultural achievements with a view to preserving their national
identity;
(h) The State of origin and
State of employment should as far as possible co-operate with a view to helping
to create new job opportunities for migrant workers returning to the State of
origin.
42. The Conference invites
States to take into account, within their domestic recourse procedures, the
following considerations:
(a) Access to such procedures should be as
broad as possible;
(b) Existing recourse procedures should be
publicized within their respective jurisdictions, and victims of racial
discrimination should be assisted in utilizing the procedures where
appropriate;
(c) In each jurisdiction the rules relating to
the initiation of complaints should be made simple and flexible and capable of
being entertained in the language of the complainant;
(d) Complaints of racial discrimination should
be dealt with as expeditiously as possible, and there should be a reasonable
time-limit with regard to the length of investigations;
(e) Indigent victims of racial discrimination
should receive legal aid and assistance in prosecuting their complaint, with
the help of an interpreter when necessary, in civil or criminal proceedings.
43. Victims of racial
discrimination should have the right to seek from tribunals just and adequate
reparation or satisfaction for any damage suffered as a result of such
discrimination.
F. Implementation
of the International Convention on the Elimination of All Forms of Racial
Discrimination and other related international instruments
44. The Conference urges
States which have not yet become parties to the International Convention on the
Elimination of All Forms of Racial Discrimination to do so as part of their
contribution to the objectives of the Decade for Action to Combat Racism and
Racial Discrimination and until such States ratify the Convention they should
utilize the provisions of the Convention as guidelines in combating racial
discrimination and in securing the realization of the principles of equality at
both the national and international levels. The Conference calls upon States
parties to the Convention to consider the possibility of making the Declaration
provided for in article 14 of the Convention.
45. Such States should enact,
as a matter of the highest priority, appropriate legislation and other suitable
measures to prohibit and bring to an end racial discrimination, to abrogate,
amend, rescind or nullify any policies or regulations that have the effect of
creating or perpetuating racial hatred and to declare the dissemination of
ideas based on racial superiority and hatred to be an offence punishable by
law, taking duly into account the provisions appearing in the International
Convention on the Elimination of All Forms of Racial Discrimination.
46. The Conference also
appeals to States which have not yet done so to consider ratifying or acceding
to, as soon as possible, other relevant international instruments adopted under
the aegis of the United Nations and specialized agencies, such as the
Convention on the Prevention and Punishment of the Crime of Genocide (1948),
the International Covenant on Economic, Social and Cultural Rights (1966), the
International Covenant on Civil and Political Rights (1966), the Convention on
the Non-Applicability of Statutory Limitations to War Crimes and Crimes against
Humanity (1968), the International Convention on the Suppression and Punishment
of the Crime of Apartheid (1973), the Discrimination (Employment and
Occupation) Convention (1958) of the International Labour Organisation, the
Convention against Discrimination in Education (1960) of the United Nations
Educational, Scientific and Cultural Organization and the Convention on the
Elimination of All Forms of Discrimination against Women (1979); States are
urged to comply with the reporting requirements called for by the relevant
conventions.
47. The Conference suggests
that States that have not already done so should consider the urgent enactment,
as a matter of the highest priority, of appropriate legislation and other
suitable measures to prohibit and bring to an end racial discrimination, to
abrogate, amend, rescind or nullify any policies or regulations that have the
effect of creating or perpetuating racial hatred and, with due regard to the
principles embodied in the Universal Declaration of Human Rights, the United
Nations Declaration on the Elimination of All Forms of Racial Discrimination,
the UNESCO Declaration on Fundamental Principles concerning the Contribution of
the Mass Media to Strengthening Peace and International Understanding, to the
Promotion of Human Rights and to Countering Racialism, Apartheid and
Incitement to War (1978), the UNESCO Declaration on Race and Racial Prejudice
(1978), and the rights set forth in the International Convention on the
Elimination of All Forms of Racial Discrimination, to declare the dissemination
of ideas based on racial superiority and hatred to be an offence punishable by
law.
48. The Conference calls on
all States that have not yet done so to take effective legislative and other
measures, including those in the field of penal law, to prevent the
recruitment, use, financing and training, transit and transport of mercenaries,
in particular when they are aimed at assisting racist regimes, and to punish
such mercenaries as common criminals. The Conference urges the Ad Hoc Committee
established by the General Assembly at its thirty-fifth session to complete, as
soon as possible, the draft international convention-against the recruitment,
use, financing and training of mercenaries.
49. The Conference urges all
States to adopt strict legislation to declare an offence punishable by law all
dissemination of ideas based on racial superiority or hatred and to prohibit
organizations based on racial prejudice and hatred, including neo-Nazi and Fascist
organizations, private clubs and institutions established on the basis of
racial criteria or propagating ideas of racial discrimination and apartheid.
50. With regard to national
legislation, the Conference recommends that:
(a) Governments, where necessary, should
guarantee non-discrimination on grounds of race and equal rights for all
individuals in their constitutions and legislation;
(b) Governments, where necessary, should
undertake to review and update all national legislation and remove all discriminatory
provisions;
(c) Legislation should be consistent with
international standards embodied in relevant international instruments;
(d) Victims of discrimination should be
informed and advised of their rights, by all possible means, and given assistance
in securing those rights;
(e) Governments should, where necessary,
establish appropriate and effective mechanisms, including conciliation and
mediation procedures and national commissions, to ensure that such legislation
is enforced effectively, and thereby to promote equality of opportunity and
good race relations.
51. A regular system of review
and appraisal should be continued to enable Member States, all organizations of
the United Nations system, including relevant regional bodies and non-governmental
organizations, to assess the measures taken towards achieving the aims and
objectives of the Decade.
52. Within the framework of
their national legislation and policy and according to their means, States
should set up national institutions for the promotion and protection of human
rights. National institutions should study legal developments and review the
laws and policies of the national Government with a view to ensuring the
elimination of all discriminatory laws, prejudices and practices based on race,
sex, descent, colour and national and ethnic origin.
H. Seminars and
studies
53. The Conference recommends
that, as part of future activities to combat racism and racial discrimination,
consideration should be given to the organization of international and regional
seminars on such subjects as:
(a) Political, historical, economic, social and
cultural factors leading to racism, racial discrimination and apartheid;
(b) International support and assistance to
peoples and movements struggling against colonialism, racism, racial
discrimination and apartheid;
(c) Ways and means of denying support to racist
regimes with a view to making them change their policies;
(d) The historical and current dimensions of
tribalism;
(e) Main obstacles to the full eradication of
racism, racial discrimination and apartheid;
(f) The human rights of persons belonging to
ethnic groups in immigrant countries;
(g) Equality of treatment for persons belonging
to ethnic and racial minorities and disadvantaged groups, such as indigenous
populations;
(h) Community relations commissions and their
functions.
54. The Conference also
recommends that studies should be continued regarding ways and means of
ensuring implementation of United Nations resolutions on apartheid,
racism and racial discrimination. In particular, the Conference strongly
encourages the United Nations Institute for Training and Research to continue
to research, study and conduct seminars on racism and racial discrimination.
<