Implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination and launching of a Third Decade for Action to Combat Racism and Racial Discrimination.

1993/11. Implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination and launching of a third decade to combat racism and racial discrimination

1. Declares that all forms of racism and racial discrimination, particularly in their institutionalized form, such as apartheid, or resulting from official doctrines of racial superiority or exclusivity, are among the most serious violations of human rights in the contemporary world and must be combated by all available means;

2. Commends all States that have ratified or acceded to the relevant international instruments to combat racism and racial discrimination;

3. Appeals to those States that have not yet done so to consider ratifying, acceding to and implementing the relevant international instruments, particularly the International Convention on the Elimination of All forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid and the Convention against Discrimination in Education adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization on 14 December 1960;

4. Urges all Governments to take all necessary measures to combat new forms of racism, in particular by ongoing adjustment of the methods used to combat them;

5. Invites all Governments and international and non-governmental organizations to increase and intensify their activities to combat racism, racial discrimination and apartheid and to provide relief and assistance to the victims of these evils;

6. Notes and commends the efforts made to coordinate all the programmes currently under implementation by the United Nations system that relate to the objectives of the Second Decade, and encourages the Coordinator for the Second Decade to Combat Racism and Racial Discrimination to continue his efforts;

7. Requests the Secretary-General to continue to accord special attention to the situation of migrant workers and members of their families and to include regularly in his reports all information on such workers;

8. Also requests the Secretary-General to continue the study on the effects of racial discrimination on the children of minorities and those of migrant workers in the field of education, training and employment, and to submit, inter alia, specific recommendations for the implementation of measures to combat the effects of that discrimination;

9. Calls upon all Member States to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights Of All Migrant Workers and Members of Their Families as a matter of priority, in view of its possible early entry into force;

10. Requests the Secretary-General to revise and finalize the draft model legislation for the guidance of Governments in the enactment of further legislation against racial discrimination in the light of comments made by members of the Committee on the Elimination of Racial Discrimination at its fortieth and forty-first sessions and to publish and distribute the text as soon as possible;

11. Invites the United Nations Educational, Scientific and Cultural Organization to expedite the preparation of teaching materials and teaching aids to promote teaching, training and education activities on human rights and against racism and racial discrimination, with particular emphasis on activities at the primary and secondary levels of education;

12. Regrets that most of the activities scheduled for the period 1992-1993 have not been implemented because of lack of adequate resources;

13. Calls upon the international community to provide the Secretary-General with appropriate financial resources for efficient action against racism and racial discrimination;

14. Invites all Governments, United Nations bodies, the specialized agencies and other intergovernmental organizations, as well as interested non-governmental organizations in consultative status with the Economic and Social Council, to participate fully in the activities scheduled for the period 1990-1993 which have not yet been carried out;

15. Considers that voluntary contributions to the Trust Fund for the Programme for the Decade to Combat Racism and Racial Discrimination are indispensable for the implementation of the above-mentioned programmes;

16. Strongly appeals, therefore, to all Governments, organizations and individuals in a position to do so to contribute generously to the Trust Fund, and to this end requests the Secretary-General to continue to undertake appropriate contacts and initiatives to encourage contributions;

17. Takes note of the report of the Secretary-General (A/47/432) on the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination and the launching of a third decade to combat racism and racial discrimination;

18. Recommends that activities such as those contained in the report of the Secretary-General be undertaken during the third decade to combat racism and racial discrimination and reviewed at mid-term;

19. Requests the Secretary-General, in preparing the draft programme of action for the third decade, to accord the highest priority to activities aimed at monitoring the transition from apartheid to a non-racist society in South Africa;

20. Calls upon Governments to encourage further positive change in South Africa based on the guidelines set out in the Declaration on Apartheid and its Destructive Consequences in Southern Africa, in particular by maintaining effective and sustained international pressure against South Africa;

21. Recommends that the activities scheduled for the period 1992-1993 that have not been implemented because of lack of adequate resources be included in the draft programme of action for the third decade, along with the other proposed activities contained in the annex to the present resolution, and given the highest priority;

22. Decides to consider at its fiftieth session, as a matter of high priority, the draft programme of action for the third decade to combat racism and racial discrimination.

ANNEX Activities recommended for inclusion in the draft programme of action for the third decade to combat racism and racial discrimination

I

1. The Commission recommends the following programme elements proposed by the Secretary-General for the draft programme of action for the third decade to combat racism and racial discrimination (1993-2003), as contained in paragraphs 19-46 of the report of the Secretary-General (A/47/432):

"19. It is suggested that the goals and objectives of the third decade be those adopted by the Assembly for the first Decade and contained in the annex to General Assembly resolution 3057 (XVIII):

‘The ultimate goals of the Decade are to promote human rights and fundamental freedoms for all, without distinction of any kind on grounds of race, colour, descent or national or ethnic origin, especially by eradicating racial prejudice, racism and racial discrimination; to arrest any expansion of racist policies, to eliminate the persistence of racist policies and to counteract the emergence of alliances based on mutual espousal of racism and racial discrimination; to resist any policy and practices which lead to the strengthening of the racist regimes and contribute to the sustainment of racism and racial discrimination; to identify, isolate and dispel the fallacious and mythical beliefs, policies and practices that contribute to racism and racial discrimination, and to put an end to racist regimes.'

"20. In drawing up suggested elements for the programme of action for the third decade, account has been taken of the fact that current global economic conditions have caused many Member States to call for budgetary restraint, which in turn requires a conservative approach to the number and type of programme for action which may be considered at this time. The Secretary-General also took into account the relevant suggestions made by the Committee on the elimination of Racial Discrimination at its forty-first session. The elements presented below are suggested as those which are essential, should resources be made available to implement them.

"A. Action to combat apartheid

"21. Recently, there have been signs of change in South Africa, notably the abolition of such legal pillars of apartheid as the Group Areas Act, the Land Areas Act and the Population Registration Act. Although there is reason to be hopeful that South Africa is moving into the mainstream of the international community, the transition period may prove to be difficult and dangerous. Fierce political competition between political parties and ethnic groups has already led to bloodshed.

"22. Action will be needed to rectify the consequences of apartheid in South Africa. The policy of apartheid has entailed the use of State power to increase inequalities between racial groups. The knowledge and experience of human rights bodies dealing with racial discrimination could play a significant role in promoting equality.

"23. The General Assembly may wish to examine the best way to monitor apartheid in transition and initiate a mechanism to advise and assist the parties concerned to bring an end to this abhorrent regime not only in law but also in fact. Reference should be made to Security Council resolution 765 (1992) urging the South African authorities to bring an effective end to the violence and bring those responsible to justice.

"24. The Assembly may also wish to continue to examine the relevant work undertaken by the established United Nations bodies in the fight against apartheid, i.e. the Special Committee against Apartheid, the Group of Three and the Ad Hoc Working Group of Experts on southern Africa.

"25. The Centre for Human Rights could offer technical assistance in the field of human rights to South Africa during and after the transition period. A cycle of seminars on apartheid could be envisaged, in cooperation with the specialized agencies and United Nations secretariat units concerned, which could include the following:

"(a) Seminar on apartheid and children, in cooperation with the United Nations Children's Fund;

"(b) Seminar on apartheid and the rights of workers, in cooperation with the International Labour Organisation;

"(c) Seminar on apartheid and public health, in cooperation with the World Health organization;

"(d) Seminar on apartheid, education and culture, in cooperation with the United Nations Educational, Scientific and Cultural organization;

"(e) Seminar on affirmative action for a non-racial society in South Africa.

"26. An inter-agency meeting could be convened immediately after the proclamation of the third decade, in 1994, to plan for the workshops and other activities.

"B. Action at the international level

"27. During the discussion in the Economic and Social Council at its substantive session of 1992 on the Second Decade, many delegations expressed their concern with regard to new expressions of racism, racial discrimination, intolerance and xenophobia in various parts of the world.

"28. The manifestation of racist myths may be overt, as with the obvious example of apartheid, or they may be less evident as is the case with some employment, housing, immigration and asylum policies which tend to impact most negatively on people who are distinguishable ethnically or by nationality. There is a general awareness of the new expressions of racism and racial discrimination affecting minorities, ethnic groups, migrant workers, indigenous populations, gypsies, immigrants and refugees.

"29. The biggest contribution to the elimination of racial discrimination will be that which results from the actions of States within their own territories. International action undertaken as part of any programme for the third decade should therefore be directed so as to assist States to act effectively. The International Convention on the Elimination of All Forms of Racial Discrimination has established standards for States, and every opportunity should be seized to ensure that these are universally accepted and applied.

"30. The Assembly could consider more effective action to ensure that all States parties to the International Convention on the Elimination of All Forms of Racial Discrimination fulfil their reporting and financial obligations. National action against racism and racial discrimination could be monitored and improved by requesting an expert member of the Committee to prepare a report on obstacles encountered with respect to the effective implementation of the Convention by States parties and suggestions for remedial measures.

"31. The Assembly may wish to propose the holding of regional workshops and seminars. A team from the Committee should be invited to monitor these meetings. The following themes are suggested for the seminars:

"(a) Seminar to assess the experience gained in the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. The seminar would also assess the efficiency of national legislation and recourse procedures available to victims of racism;

"(b) Seminar on the eradication of incitement to racial hatred and discrimination, including the prohibition of propaganda activities and of organizations involved in them;

"(c) Seminar on the right to equal treatment before tribunals and by institutions, including the provision of reparation for damages suffered as a result of discrimination;

"(d) Seminar on the transmission of racial inequality from one generation to another, with special reference to the children of migrant workers and the appearance of new forms of segregation;

"(e) Seminar on international cooperation in the elimination of racial discrimination, including cooperation between States, the contribution of non-governmental organizations, national and regional institutions, United Nations bodies and petitions to treaty-monitoring bodies;

"(f) Seminar on the enactment of national legislation to combat racism and racial discrimination affecting ethnic groups, migrant workers and refugees (in Europe and North America);

"(g) Workshop on flows of refugees due to ethnic conflicts or political restructuring of multi-ethnic societies in socio-economic transition (Eastern Europe, Africa and Asia);

"(h) Training course on national legislation prohibiting racial discrimination for nationals from countries with and without such legislation;

"(i) Regional seminars on ethnicity, nation-building and human rights could also provide an opportunity for broadening knowledge of the causes of today's ethnic conflicts, and the participants could look for ways and means of solving them.

"32. The Assembly may wish to propose to the Department of Public Information of the United Nations Secretariat to undertake specific activities that could be carried out by Governments and relevant national non-governmental organizations to commemorate the International Day for the Elimination of Racial Discrimination on 21 March each year. Support should be sought from artists as well as religious leaders, trade unions, enterprises and political parties to sensitize the population on the evils of racism and racial discrimination.

"33. In cooperation with UNESCO and the Department of Public Information, the Assembly could support the organization of a seminar on the role of mass media in combating or disseminating racist ideas.

"34. In cooperation with the International Labour Organisation, the possibility of organizing a seminar on the role of trade unions in combating racism and racial discrimination in employment could be explored.

"35. The General Assembly could consider requesting the United Nations Educational, Scientific and Cultural organization to expedite the preparation of teaching materials and teaching aids to promote teaching, training and educational activities against racism and racial discrimination, with particular emphasis on activities at the primary and secondary levels of education.

"36. The Assembly may also wish to call upon Member States to make special efforts to:

"(a) Promote the aim of non-discrimination in all educational programmes and policies;

"(b) Give special attention to the civic education of teachers. It is essential that teachers be aware of the principles and essential content of the legal texts relevant to racism and racial discrimination and of how to deal with the problem of relations between children belonging to different communities;

"(c) Teach contemporary history at an early age, presenting children with an accurate picture of the crimes committed by fascist and other totalitarian regimes, and more particularly of the crimes of apartheid and genocide;

"(d) Ensure that curricula and textbooks reflect anti-racist principles and promote intercultural education.

"C. Action at the national and regional levels

"37. The following questions may be addressed in the context of action to be undertaken at the national and regional levels: Have there been any successful national models to eliminate racism and racial prejudices that could be recommended to States, e.g. for educating children, or principles of equality to tackle racism against migrant workers, ethnic minorities, indigenous peoples, etc.? What kind of affirmative action programmes are there at the national or regional level to redress discrimination against specific groups?

"38. The General Assembly may wish to call upon States that have not yet done so to adopt, ratify and implement legislation prohibiting racism and racial discrimination, such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

"39. The Assembly could call upon Member States to review their national programmes to combat racial discrimination and its effects in order to identify and to seize opportunities to close gaps between different groups and especially to undertake housing, educational and employment programmes that have proved to be successful in combating racial discrimination and xenophobia.

"40. The Assembly could recommend that Member States encourage the participation of journalists and human rights advocates from minority groups and communities in the mass media. Radio and television programmes should increase the number of broadcasts produced by and in cooperation with racial and cultural minority groups. Multicultural activities of the media should also be encouraged where they can contribute to the suppression of racism and xenophobia.

"41. The Assembly may wish to call upon regional organizations to cooperate closely with United Nations efforts in combating racism and racial discrimination. Intergovernmental organizations dealing with human rights issues could mobilize public opinion in their regions against the evils of racism and racial prejudices directed towards disadvantaged racial and ethnic groups. These institutions could serve an important function in assisting Governments to enact national legislation against racial discrimination and promote adoption and application of international conventions. Regional human rights commissions should be called upon to publicize widely basic texts on existing human rights instruments.

"D. Basic research and studies

"42. The long-term viability of the United Nations programme against racism and racial discrimination will depend in part on continuing research into the causes of racism and into the new manifestations of racism and racial discrimination. The Assembly may wish to examine the importance of preparing studies on racism. Following are some aspects to be studied:

"(a) Study of the application of article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination. Such a study might assist States to learn from one another the national measures undertaken to implement the Convention;

"(b) Integration or preservation of cultural identity in a multiracial society;

"(c) Study of political rights, including the participation of various racial groups in political processes and their representation in government service;

"(d) Study of civil rights, including migration, nationality, freedom of opinion and association;

"(e) Study of educational measures to combat racial prejudice and discrimination and to propagate the principles of the United Nations;

"(f) Global integration and the question of racism and the nation State;

"(g) National mechanisms against racism and racial discrimination in the fields of immigration, employment, salary, housing, education and ownership of property.

"E. Coordination and reporting

"43. It may be relevant to recall that in its resolution proclaiming the Second Decade the Assembly charged the Economic and Social council with coordinating the implementation of the programme and evaluating the activities. The Assembly may wish to consider the following steps to strengthen the United Nations input into the third decade to combat racism and racial discrimination:

"(a) The General Assembly may wish to entrust the Economic and Social Council or the Commission on Human Rights, in cooperation with the Secretary-General, with the responsibility for coordinating the programmes and evaluating the activities undertaken in connection with the third decade;

"(b) The Secretary-General could be invited to provide specific information on activities against racism, to be contained in one annual report which would be comprehensive in nature and allow a general overview of all mandated activities. This would facilitate coordination and evaluation;

"(c) An open-ended working group of the Commission on Human Rights, or other appropriate arrangements under the Commission, may be the established to review decade-related information, on the basis of annual to reports referred to above, as well as relevant studies and reports of seminars, so as to assist the Commission in formulating appropriate recommendations to the Economic and social Council on particular activities, allocation of priorities, etc.

"F. Regular system-wide consultations

"44. on an annual basis, consultations between the United Nations, specialized agencies and non-governmental organizations would take place to review and plan decade-related activities. In this framework, the Centre for Human Rights would organize inter-agency meetings to consider and discuss further measures to strengthen the coordination and in cooperation of programmes related to the issues of combating racism and racial discrimination.

"45. The Centre for Human Rights would also strengthen the relationship with non-governmental organizations fighting against racism and racial discrimination by holding consultations and briefings with the non-governmental organizations. Such meetings could help them to initiate, develop and present proposals regarding the struggle against racism and racial discrimination.

"46. Should the Assembly approve the suggested elements of the programme for action for the third decade to combat racism and racial discrimination, the Secretary-General would include the activities to be carried out during the decade, as well as the related resource requirements in the proposed programme budgets, which will be submitted biennially, during the decade, starting with the proposed programme budget for the biennium 1994-1995."

II

2. The Commission recommends also that the themes proposed by the Committee 3 on the Elimination of Racial Discrimination, as contained in paragraph 15 of the report of the Secretary-General on the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination (E/CN.4/1993/55), should be programmed:

"15. The Committee also considered the question of the launching of a third decade to combat racism-and racial discrimination and, in that connection, examined an informal document containing a list of ten topics relating to action to combat racism and racial discrimination prepared by one of its members. The Committee requested that the document should be transmitted to the Commission to serve as a basis for considering the programming of activities in a possible third decade. The following themes have been proposed:

"1. The eradication of incitement to racial hatred and discrimination, including the prohibition of propaganda activities and of organizations involved in it;

"2. The right to equal treatment before tribunals and by institutions, including the provision of reparation for damages suffered as a result of discrimination;

"3. Political rights, including the participation of various a racial groups in political processes and their representation in government service;

"4. Civil rights, including migration, nationality, freedom of opinion and association;

"5. Economic rights, including work, trade union membership and housing;

"6. Social and cultural rights, including health and education;

"7. Educational measures to combat racial prejudice and discrimination and to propagate the principles of the United Nations;

"8. The protection of disadvantaged groups; this may include consideration of the position of indigenous peoples;

"9. The transmission of racial inequality from one generation to another, with special reference to the children of migrant workers and the appearance of new forms of segregation;

"10 International cooperation in the elimination of racial discrimination, including cooperation between States, the contribution of non-governmental organizations, national and regional institutions, United Nations bodies and petitions to treaty-monitoring bodies."

III

3. The commission recommends further that the following themes might also be included:

Religious intolerance;

Xenophobia;

The role of national institutions in the promotion and protection of human rights.