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Date: Fri, 02 Feb 2001 20:20:16 -0800
From: Charlotte Utting <[log in to unmask]>
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Subject: [wa-afr] FW: Africa: Racism Declaration
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From: "APIC" <[log in to unmask]>
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Date: Fri, 2 Feb 2001 13:53:41 -0500
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Subject: Africa: Racism Declaration
Africa: Racism Declaration
Date distributed (ymd): 010202
Document reposted by APIC
+++++++++++++++++++++Document Profile+++++++++++++++++++++
Region: Continent-Wide
Issue Areas: +political/rights+ +economy/development+
+security/peace+
Summary Contents:
This posting contains the declaration of the official African
Regional Preparatory Conference for the World Conference against
Racism. According to a UN press release dated Jan. 25, 2001, the
draft declaration below was approved by the ministers. The
conference also adopted a set of recommendations for a programme of
action (http://www.hri.ca/racism/intergovt/dakarrecomm.htm). An
African NGO Forum met on January 20-21, preceding the official
conference. For the NGO declaration see
http://www.hri.ca/racism/meetings/declardakar.htm
Additional websites with conference information and further links
include:
http://www.unhchr.ch/html/racism/home.htm
http://racism.org.za
http://ngoworldconference.org
http://www.hri.ca/racism
For a previous posting with additional background and links see
http://www.africapolicy.org/docs00/wcar0010.htm
+++++++++++++++++end profile++++++++++++++++++++++++++++++
WCR/RCONF/DAKAR/2001/L.1 REV 3
ENGLISH
24 JANUARY 2001
DRAFT
DECLARATION OF THE AFRICAN REGIONAL PREPARATORY CONFERENCE FOR
THE WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION,
XENOPHOBIA AND RELATED INTOLERANCE
We, African Ministers, meeting at Dakar from 22 to 24 January
2001, within the framework of the World Conference against
Racism, Racial Discrimination, Xenophobia and Related
Intolerance, in accordance with the United Nations General
Assembly Resolution 52/111,
1. Recalling the values and principles of human dignity and
equality enshrined in the Universal Declaration of Human Rights,
the Charter of the United Nations, the African Charter on Human
and Peoples Rights, the international Convention on the
Elimination of all Forms of Racial Discrimination, the
International Convention on the Elimination of Discrimination
against Women and all other related international instruments,
2. Recalling also the great importance African peoples attach to
the values of solidarity, tolerance and multiculturalism, which
constitute the moral ground and the inspiring source for our
struggle against racism, racial discrimination, xenophobia and
related intolerance, an inhuman tragedy for which Africa has been
suffering exceptionally for too long;
3. Realising the urgent need to resuscitate and to reinvigorate
those cherished values, and that the World Conference against
Racism is a historical opportunity to achieve these objectives,
its outcome should therefore be result-oriented and contain added
value in relation to existing mechanisms;
4. Recalling also the principles established by positive
international law including the imprescriptibility of crimes
against humanity;
5. Stressing that the fight against racism, racial
discrimination, xenophobia and related intolerance is a mammoth
task, the proof from the most recent African experience being the
enormous African sacrifices and unabated struggle for decades
before Africa could convince the rest of the world of the
imperative and urgent necessity to dismantle an abhorrent
institutionalized racist system of apartheid;
6. Recognising that racism, racial and ethnic discrimination,
xenophobia and related intolerance affect women differently,
aggravate their living conditions, generate multiple forms of
violence, thus limiting or denying enjoyment of their human
rights;
7. Bearing in mind that availing ourselves of this historical
opportunity requires political will, intellectual integrity, and
analytical capacity to draw lessons from past experiences with
the view to avoiding their recurrence in the future;
8. Expressing in this regard our sincere appreciation and paying
tribute to countries and personalities, all over the world, who
lent their valuable support to Africa during its struggle against
institutionalised racism, colonialism and apartheid;
9. Also acknowledging the important role of African and
international non-governmental organisations, the media, national
institutions and civil society in the fight against racism and
encouraging them to intensify their endeavours in this respect;
WE HEREBY
10. Salute the memory of all victims of racism and racial
discrimination, colonialism and apartheid all over the world.
11. Note with grave concern that, despite the efforts of the
international community, the principal objectives of the two
Decades for Action to Combat Racism and Racial Discrimination
have not been attained and that millions of human beings continue
to this day to be victims of varied, evolving and sophisticated
contemporary forms of racism and racial discrimination, in
particular nationals of different origin, migrant workers, asylum
seekers, refugees and foreigners.
12. Express concern that beyond the material progression of
racism is the disturbing fact that contemporary forms and
manifestations of racism are striving to regain political, moral
and even legal recognition in many ways, including through some
legislative prescriptions such as those related to the freedom of
expression, platforms of some political parties and organisations
as well as dissemination through modern communication
technologies of ideas based on racial superiority.
13. Regret the flagrant contradiction that in an era where
globalization and technology have contributed considerably to
moving people close together, the international community is
evidently receding from the notion of "human family" based on
equality, dignity and human solidarity.
14. Bear in mind that although the African continent has
regrettably suffered ethnic violence including instances of
genocidal acts, this is not exclusively a racial phenomenon but
has so many deeply rooted national and international dimensions.
15. Express deep concern that the socio-economic development of
our continent is being hampered by widespread internal conflicts
which are due, among other causes, to violations of human rights,
including discrimination based on ethnic or national origin, lack
of democratic, inclusive and participatory governance.
16. Also express concern in this regard that external
interference mainly linked to the exploitation of mineral and
arms trade, unfavourable international economic environment and
foreign debt, is the main contributing factor to the spread of
conflicts and instability in Africa.
17. Further express our full conviction that the development of
democratic systems of government in Africa, guaranteeing full
access to and representation of all sectors of our societies,
respect for and protection of all human rights and fundamental
freedoms, equitable distribution of wealth and access to economic
advancement, active promotion of peace, preventive diplomacy and
conflict resolution and equitable international economic
environment, are essential prerequisites to prevent conflicts and
instability in Africa.
18. Recall the historical fact that among the most hideous
manifestations of racial discrimination the African continent and
Diaspora has suffered, namely slave trade, all forms of
exploitation, colonialism and apartheid were essentially
motivated by economic objectives and competition between colonial
powers for strategic territorial gains, appropriation, control
over and pillage of natural and cultural resources.
19. Affirm that slave trade is a unique tragedy in the history of
humanity, particularly against Africans - a crime against
humanity which is unparalleled, not only in its abhorrent
barbaric feature but also in terms of its enormous magnitude, its
institutionalized nature, its transnational dimension and
especially its negation of the essence of the human nature of the
victims.
20. Further affirm that the consequences of this tragedy
accentuated by those of colonialism and apartheid have resulted
in substantial and lasting economic, political and cultural
damage to African peoples and are still present in the form of
damage caused to the descendants of the victims, the perpetuation
of the prejudice against Africans in the Continent and people of
African descent in the Diaspora.
21. Stress the negative economic consequences of racism, racial
discrimination, xenophobia and related intolerance, conscious
that the economic difficulties of Africa cannot be exclusively
explained by foreign factors and historical events. It is,
nevertheless a reality that those factors and events have had
profound effects on the crippling economic development of Africa
and that justice now requires that substantial national and
international efforts be made to repair such damage.
22. Reaffirm that the discriminatory treatment against foreigners
and migrant workers, inter-alia, in granting visas, working
permits, family conditions, housing, access to justice, either
established or practiced in certain countries, based on race,
color, descent or national or ethnic origin are human rights
violations which gravely contradict the Universal Declaration of
Human Rights, the International Convention on the Elimination of
all forms of Racial Discrimination (CERD) and International
Convention on the Protection of the Rights of all Migrant Workers
and Members of their Families.
23. Reaffirm also that the stigmatization of people of different
origins by acts or omissions of public authorities, institutions,
media, political parties, organisations, national or local, are
not only acts of racial discrimination but also an incitement to
further recurrence of such acts - thereby resulting in the
creation of a vicious circle which reinforces racist attitudes
and prejudices and should be declared offences and crimes
punishable by law.
24. Express concern that the complicating dimension of this
vicious circle is that it contributes and intensifies racially
discriminatory social attitudes which can hardly be criminalized
by law.
25. Recall that without the necessary political will to recognise
and assume responsibility for historical injustices and their
contemporary forms and repercussions, programs of action against
racism, racial discrimination, xenophobia and related
intolerance, as well as the anti-racist slogans and measures
taken at the world conference and at the regional and national
levels will remain without effect in changing deeply ingrained
prejudices and reaching the noble goal of a genuine human family
based on equal dignity and equal opportunities.
26. Affirm that the first logical and credible step to be taken
at this juncture of our collective struggle is for the World
Conference against Racism to declare solemnly that the
international community as a whole fully recognizes the
historical injustices of slave trade, that colonialism and
apartheid are among the most serious and massive
institutionalised forms of human rights violations.
27. Further affirm that this recognition would be meaningless
without the explicit apology by ex-colonial powers or their
successors for those human rights violations, and that this
apology should be duly reflected in the final Declaration of the
World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance.
28. Recall that Article 6 of CERD already contains the obligation
to provide effective protection and remedies for everyone against
any acts of racial discrimination which violate human rights and
fundamental freedoms, a principle reaffirmed by numerous
subsequent human rights instruments including the Basic
Principles and Guidelines on the right to a remedy and reparation
for victims of violations of international Human Rights and
Humanitarian Law.
29. Strongly reaffirm that States which pursued racist policies
or acts of racial discrimination, such as slavery, colonialism
and apartheid, should assume their full responsibilities and
provide adequate reparation to those States, communities and
individuals who were victims of such racist policies or acts,
regardless of when or by whom they were committed.
30. Strongly reaffirm that States which pursued racist policies
or acts of racial discrimination such as slavery and colonialism
should assume their moral, economic, political and legal
responsibilities within their national jurisdiction and before
other appropriate international mechanisms or jurisdictions and
provide adequate reparation to those communities or individuals,
individually or collectively, who are victims of such racist
policies or acts, regardless of when or by whom they were
committed.
31. Express the deep conviction that everyone's right to an
effective remedy by the competent national tribunals for acts
violating fundamental human rights stipulated by article 8 of the
Universal Declaration of Human Rights, article 6 of Convention on
the Elimination of All Forms of Racial Discrimination as well as
article 7 of the African Charter on Human and Peoples Rights,
undoubtedly applies to victims of racial discrimination.
32. Commend the work of national institutions for the promotion
and protection of human rights in Africa established in
compliance with the Paris Principles, especially their role in
raising awareness in human rights education and training at the
national level and in facilitating the promotion and protection
of human rights violations, especially racism, racial
discrimination, xenophobia and all forms of racially motivated
violence.
33. Encourage the Office of the High Commissioner for Human
Rights to continue support for those African states that are in
the process of establishing national institutions through
training and resources and strongly advise African States that
have not yet done so to consider establishing effective and
independent national institutions.
34. Reaffirm that all individual human rights violations are
condemnable, and that collective types of violations such as
racial discrimination, deserve similar indignation, which in both
cases is not sufficient unless it is complemented by the
appropriate remedies.
35. Express conviction that applying a victim-oriented approach
to victims of racial discrimination on both national and
international levels reaffirms the human values of tolerance and
solidarity and thus enhances the foundations of human rights law.
36. Affirm that enhancing the victims' rights to benefit from an
international recognition and protection of their right to
benefit from remedies and reparation, the international community
strengthens its credibility in the cause of human rights and
shows faith and human solidarity with victims, survivors and
future human generations, and reaffirms the principles of the
equality, dignity of all human beings, accountability, justice
and the rule of law.
37. Further affirm in particular that the victims' rights to
access to justice is of special importance to victims of racial
discrimination, in the light of their vulnerable situation,
socially, culturally and economically, and that the principle of
equality of victims in the legal systems is meaningless unless it
is accompanied by affirmative action.
38. Note that other groups which were subjected to other scourges
and injustices have received repeated apologies from different
countries as well as ample reparations, on a bilateral basis,
from both public and private sources and lately through certain
international organisations.
39. Affirm in that spirit that all human beings are equal and
that all scourges and injustices should, therefore, be addressed
with the same emphasis and that such fairness is a fundamental
prerequisite to create a positive state of mind and peace of
consciousness for all parties involved, which gives future
efforts better chances of success.
40. Affirm the commitment by States to comply with their
obligations relating to the protection and promotion of human
rights of refugees, asylum seekers and internally displaced
persons.
41. Bearing in mind the situation of vulnerability in which
migrants frequently find themselves, owing, inter alia, to the
absence from their state of origin and to the difficulties they
encounter due to differences in language, customs and culture, as
well as the economic and social difficulties and obstacles for
the return of migrants who are undocumented or in an irregular
situation.
42. Recognise that the number of recent and on-going conflicts
around the world reveal that racism, racial discrimination,
xenophobia and related intolerance of peoples, groups and
individuals are one of the root causes of conflict and are very
often one of its consequences. In this regard, recall that
non-discrimination is a fundamental principle of international
humanitarian law.
43. Note with grave concern the negative effects on health and
the environment of environmental racism suffered in particular,
by countries in Africa, including the illicit dumping of toxic
wastes and substances, hazardous working and living conditions
and dangerous methods of extracting natural resources.
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