23/19 Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its tenth session

GE.13-13935

Human Rights Council Twenty-third session

Agenda item 9 Racism, racial discrimination, xenophobia and related

forms of intolerance: follow-up to and implementation

of the Durban Declaration and Programme of Action

Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its tenth session* **

Chairman-Rapporteur: Mohamed Siad Douale (Djibouti)

Summary

The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action held its tenth session from 8 to 19 October

2012. The present report contains a summary of the deliberations of the session.

* The conclusions and recommendations of the Working Group are reproduced as received.

Annexes II and III to the present report are reproduced as received, in the language of submission only.

** Late submission.

Contents Paragraphs Page

I. Introduction ............................................................................................................. 1 3

II. Organization of the session ..................................................................................... 2–15 3

A. Attendance ...................................................................................................... 3–6 3

B. Opening of the session .................................................................................... 7 4

C. Election of the Chairperson-Rapporteur ......................................................... 8 4

D. Statements ....................................................................................................... 9–14 4

E. Adoption of the agenda and programme of work ........................................... 15 5

III. Implementation of previous decisions of the Working Group ................................ 16–40 5

A. Review of the activities of the Euro 2012 “Respect diversity – football unites” campaign ............................................................................ 16–27 5

B. Review of progress in the implementation of recommendations adopted by the Working Group at its ninth session ........................................................... 28–40 6

IV. The role of politicians and political parties in combating racism, racial discrimination, xenophobia and related intolerance ...................................... 41–66 8

V. The enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action ............. 67–98 10

VI. Presentation and adoption of the report on the tenth session ................................... 99 14

VII. Conclusions and recommendations ......................................................................... 100–154 15

A. Sharing of experiences relating to the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference, and the recommendations adopted by the Working Group at its ninth session ........................................ 100–117 15

B. Role of politicians and political parties in combating racism, racial discrimination, xenophobia and related intolerance ........................................ 118–134 17

C. The enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action 135–154 19

Annexes

I. Agenda ......................................................................................................................................... 23

II. List of attendance ............................................................................................................................ 24

III. Programme of work ......................................................................................................................... 25

I. Introduction

1. The present report is submitted by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action in accordance with Human Rights Council resolution 11/12 and decision 3/103.

II. Organization of the session

2. The Intergovernmental Working Group held its tenth session from 8 to 19 October 2012 (see annex I). Participants reviewed progress on implementation of recommendations adopted by the Working Group at its ninth session and shared experiences, including best practices, in implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference. Participants also reviewed the activities of the “Respect diversity – football unites” campaign of the Union of European Football Associations (UEFA) for the European Football Championship of 2012. Furthermore, thematic discussions on the role of politicians and political parties in combating racism, racial discrimination, xenophobia and related intolerance, and on the enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action, were held. The presentations by the experts were followed by interactive discussions. The Working Group adopted conclusions and recommendations on the above-mentioned themes.

A. Attendance

3. The session was attended by representatives of States Members of the United Nations, and observers from non-Member States and intergovernmental and non- governmental organizations (see annex II).

4. Under item 4 of the programme of work (see annex III), a review of the activities conducted for the UEFA EURO 2012 “Respect diversity – football unites” campaign was presented by the Executive Director of Football Against Racism in Europe (FARE), Piara Powar, and the Director of Football and Social Responsibility Unit at UEFA, Patrick Gasser.

5. During the session, presentations on the role of politicians and political parties in combating racism, racial discrimination, xenophobia and related intolerance were made by Nazila Ghanea, lecturer in international human rights law at the University of Oxford; Alvaro Bello Maldonado, researcher at the Department of Anthropology at the Catholic University of Temuco, Chile; Lucrezia Meier-Schatz, member of the Federal Assembly of Switzerland of the National Council of the Federal Assembly delegation to the Inter- Parliamentary Union (IPU); Ben Chigara, Professor of Law at Brunel University, United Kingdom of Great Britain and Northern Ireland; Jérôme Jamin, Professor at the University of Liège, Belgium; and Oscar Javier Parra Vera, Senior staff attorney at the Registry of the Inter-American Court of Human Rights.

6. Presentations were also made on the enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action by the Head of the Tolerance and Non-Discrimination Department at the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE), Floriane Hohenberg; the assignee to the Special Rapporteurship on People of African Descent and against Racial Discrimination at the

Inter-American Commission on Human Rights, Hilaire Sobers; the Executive Director of the secretariat of the Independent Human Rights Commission of the Organization of Islamic Cooperation (OIC), Rizwan Saeed Sheikh; the Director of the European Network against Racism (ENAR) (Ireland), Catherine Lynch; Professor at the University of Geneva and member of the Human Rights Council Advisory Committee, Laurence Boisson de Chazournes; and Obert Mutumba, National Programme Officer for Social and Human Sciences, United Nations Educational, Scientific and Cultural Organization (UNESCO). A joint presentation was also made under the topic by the African Union and European Union on the joint workshop organized in Geneva on 5 June 2012 within the framework of the Africa-European Union strategic partnership on human rights and democracy.

B. Opening of the session

7. On 8 October 2012, the United Nations High Commissioner for Human Rights opened the session.

C. Election of the Chairperson-Rapporteur

8. The Permanent Representative of Djibouti to the United Nations in Geneva, Mohamed Siad Douale, was re-elected Chairperson-Rapporteur by acclamation.

D. Statements

9. The European Union congratulated Mr. Douale on his re-election as Chairperson- Rapporteur and expressed its determination to make a genuine and positive difference to those suffering from all forms of discrimination on the ground. The African Union expressed its support for the re-election of the Chairperson, and congratulated the High Commissioner and the secretariat for their work, expressing the hope that the two new topics could lead to significant progress in the effective implementation of the Durban Declaration and Programme of Action.

10. The delegate of Pakistan, speaking on behalf of OIC, expressed the Organization’s commitment to cooperate and participate in order to make useful and productive discussions.

11. The representative of Egypt congratulated the Chairperson on his re-election, and highlighted the importance of the Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference. He expressed grave concern about contemporary forms of racism and discrimination in various parts of the world, including discrimination based on religion or belief.

12. The representative of South Africa expressed appreciation for the work of the Chairperson and the High Commissioner, and voiced his country’s hope for the

forthcoming proclamation of the International Decade for People of African Descent by the General Assembly.

13. The representative of Algeria expressed support for the re-election of the Chairperson, and remarked that, 10 years after the adoption of the Durban Declaration and Programme of Action, its implementation was still slow.

14. The representative of Italy highlighted the importance of the word “consensual”, and underlined the increasing importance of the work of the Intergovernmental Working Group, especially at a time of economic recession, massive movement of migrants and refugees,

and deprivation, which increase the temptation of groups and individuals to behave in a discriminatory and intolerant manner.

E. Adoption of the agenda and programme of work

15. After the election of its Chairperson, the Working Group adopted the agenda for its tenth session and its programme of work. The Working Group held its final meeting on the afternoon of 8 February 2013.

III. Implementation of previous decisions of the Working Group

A. Review of the activities of the Euro 2012 “Respect diversity – football unites” campaign

16. The Director of the Football and Social Responsibility Unit at UEFA, Mr. Gasser, made a presentation on the anti-racism and anti-discrimination activities conducted in the framework of the 2012 UEFA European Football Championships.

17. The Executive Director of FARE, Mr. Powar, made a presentation about FARE activities during the 2012 Championships and the campaign entitled “Football unites.” The

actions undertaken included a three-year education programme to focus on educational measures to raise the awareness of civil society in Poland and Ukraine on the problems associated with racism and discrimination.

18. Following the presentations, a discussion was held on the importance of having exchanges with representatives of sporting organizations as well as on how mass sporting events reach millions of people around the world. As such, football represents an opportunity for the understanding and promotion of the Durban Declaration and Programme of Action.

19. Delegates enquired about the type of punishable measures taken to try to limit the rise of racist and discriminatory incidents. They asked whether there was a blueprint that could be reproduced for other events, and enquired about the most successful components of the campaigns conducted by both UEFA and FARE. They also requested information about initiatives taken by UEFA in prevention, such as disciplinary sanctions and criminal procedures.

20. On the issue of sanctions, Mr. Powar emphasized the fact that, from the perspective of a non-governmental organization, imposing a sanction on a player, a club or a national association because of the acts of the fans inside or around stadium was critical in setting an example, but was not enough. Complementary educational measures were needed. FARE played its role by providing detailed information so that the relevant authorities could take adequate action. Pointed out that criminal justice systems, the police and the relevant authorities at the national level had a key role to play in this issue.

21. With regard to the existence of a blueprint that could be reproduced, Mr. Powar affirmed that there was indeed a template on the type of educational and preventive activities that could be operationalized, and the same could be said for UEFA and FIFA.

22. Mr. Gasser stated that it was not football that was racist by definition, but that there were elements in society that were racist, and football became the vector of such abuse by certain groups.

23. The representative of Senegal asked how the bodies that the speakers represented proceeded in the event of racist incidents, and enquired how they brought in sponsors in the fight against racism, taking into account the fact that football is a market place.

24. The representative of the European Union reported on a law passed by an European directive of 2 February 2012 on the European dimension in sports, which encouraged Member States to permanently include sport in programmes and services for the genuine integration of all groups at risk of discrimination, and called on sport organizations to adopt appropriate training programmes to prevent and fight racism and discrimination.

25. Mr. Gasser explained the different stages that UEFA followed in its efforts to combat racism and discrimination, starting at the campaign level, followed by an education level, and lastly a sanctions level.

26. With regard to sponsors, Mr. Gasser stated that, although sponsors were invited to participate in and support anti-racism projects, unfortunately they did not provide the support that might be hoped for.

27. Mr. Powar explained the efforts made to tailor proposals and programmes to commercial market places, but stated that it was difficult, as commercial entities had their own programmes within the sphere of social responsibility.

B. Review of progress in the implementation of recommendations adopted

by the Working Group at its ninth session

28. The representative of South Africa opened the debate by sharing examples of governmental programmes in place intended to address the legacy of legal injustices, poverty, marginalization, racial, social and gender inequalities and economic disparities. The most successful programmes had included the universalization of free education and the ongoing development of an integrated educational system and integrated human settlements.

29. The representative of the European Union shared examples of actions taken by the European Union to combat all forms of discrimination, such as mainstreaming of non- discrimination in European Union policies and activities, awareness-raising, the integration of Roma people, and diversity management. She highlighted the upcoming 2012 Equality Summit dedicated to that sharing of knowledge and experiences, which would be held on 22 and 23 2012 November in Nicosia. She added that the focus in 2012 of the European Union information campaign “For diversity. Against discrimination” was on discrimination

at the workplace.

30. The representative of Italy provided examples of measures adopted by the Government of Italy to enhance the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and other international instruments, such as the Durban Declaration and Programme of Action. He noted, inter alia, the establishment of new institutions and the expansion of existing ones, the adoption of a code of conduct for the press and the establishment of a media monitoring centre, as well as training courses for police and civil servants.

31. The representative of Brazil informed participants that 50 per cent of all places in institutions of higher education related to the Ministry of Education would be subject to quotas based on social and racial criteria. Furthermore, the General Law of the World Cup contained four provisions aiming at combating racism and promoting equality in all jobs created for the Confederations Cup in 2013 and the World Cup in 2014. The theme of the awareness-raising campaign of the two events was “A world free of weapons, drugs, violence and racism”.

32. The representative of Japan listed several concrete measures that his Government had taken to ensure the effective implementation of the Durban Declaration and Programme of Action, emphasizing that human rights issues relating to foreigners remained a priority. He also gave an update on the implementation of the State’s obligation under the International Convention on the Elimination of All Forms of Racial Discrimination.

33. The representative of Norway enumerated a number of measures taken by his Government to build a more inclusive society, emphasizing that legal protection, measures in plans of action and awareness-raising and educational campaigns were major tools in the prevention of racism and the protection of vulnerable groups from various types of discrimination.

34. The representative of Senegal emphasized the importance of preventive measures.

35. The representative of Austria informed participants on the recent review of his country by the Committee on the Elimination of Racial Discrimination and the relevant measures taken. He emphasized the importance of intercultural and interfaith dialogue and the creation of a task force on dialogue between cultures. He also elaborated on the national plan of action on integration that included, for example, a focus on the media, human rights education and the training of law enforcement officials.

36. The Chief of the Anti-Discrimination Section of the Office of the High Commissioner (OHCHR) provided an overview of the activities conducted by OHCHR since the ninth session. He reported on the Section’s collaboration with the National Human Rights Commission of Nigeria aimed at elaborating a national plan of action against discrimination, to be integrated into the existing plan of action for the promotion and protection of human rights. He highlighted the establishment of the United Nations network on racial discrimination and protection of minorities, endorsed by the Policy Committee of the Secretary-General in March 2012.

37. The Chief of the Anti-Discrimination Section also referred to the second Fellowship Programme for People of African Descent, organized by the Section in 2012, and the progress achieved in the creation of the OHCHR database on practical means to combat racism, racial discrimination, xenophobia and related intolerance.

38. With regard to the joint activities of OHCHR and the Department of Public Information , the Chief of the Anti-Discrimination Section referred to a range of activities to promote the tenth anniversary of the Durban Declaration and Programme of Action, the International Day for the Elimination of Racial Discrimination and the International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade. He noted the finalization of the new publication compiling the Durban Declaration and Programme of Action, the outcome document of the Durban Review Conference and the political declaration of the tenth anniversary of the Durban Declaration and Programme of Action.

39. The representative of the European Union stressed its determination to ensure conformity of national laws of Member States with European Union law prohibiting racist and xenophobic hate speech and crimes, and referred to the efforts of the European Commission in this regard. She reported on the financial support for civil society actions and national policies to combat discrimination, promote equality and redress with regard to racist speech and crimes through the Fundamental Rights and Citizenship programme.

40. The representative of Austria referred to the OHCHR database to be launched in 2013, stating that it would be a useful tool for the collection of relevant documents, national legislation, good practices and laws.

IV. The role of politicians and political parties in combating racism, racial discrimination, xenophobia and related intolerance

41. Nazila Ghanea, , a lecturer in international human rights law at the University of Oxford, explained how the human rights obligations to respect, to protect and to fulfil applied to the role of politicians and political parties in combating racism, racial discrimination, xenophobia and related intolerance, and highlighted the activities that are incompatible with these obligations. She reviewed the relevant provisions of the Durban Declaration and Programme of Action, then concluded with recommendations for Governments that perpetuate discriminatory, xenophobic or racist practices.

42. Alvaro Bello Maldonado, a researcher at the Department of Anthropology at the Catholic University of Temuco (Chile), emphasized in his presentation the importance of cooperation among politicians, political parties and civil society, including victims’ associations, in combating racism, racial discrimination, xenophobia and related intolerance. He explained the central role that politicians and political parties had in the transformation of legal and normative structures of a discriminatory character, and highlighted the need to ensure that political parties reflected the diverse and plural social reality of contemporary societies. He touched upon issues of quotas, affirmative action and the promotion of the principles of equality and non-discrimination.

43. Referring to Ms. Ghanea’s presentation, the representative of Egypt emphasized that politicians and political parties had an influence outside of government; focusing on Governments in power was therefore not sufficient.

44. The representative of the European Union emphasized that democratic accountability, with its checks and balances, prevented the institutionalization of expressions of intolerance, and drew attention to Framework decision of 28 November 2008, by which the European Union requires Member States to penalize any public incitement to hatred.

45. The representative of the Czech Republic asked the panellists to expand on the importance of independent and functioning judiciary as the ultimate check for politicians and political parties.

46. The representative of Senegal emphasized the importance of political parties representing diversity within society as an important means in preventing xenophobic discourse, together with constitutional provisions and political and legal sanctions.

47. The representative of Austria highlighted the importance of civil society, judiciary and civil courts, as well as of international cooperation, in combating racism, racial discrimination, xenophobia and related intolerance.

48. The representative of OIC emphasized the regional dimension of the problem and the need for regional organizations to play a key role in addressing it, as well as the need to continue to address these issues.

49. The representative of the African Union warned that political statements and discourse inciting hatred were on the rise, especially during times of elections. Governments should systematically and publically call for an end to such incitement.

50. Ms. Ghanea emphasized that Governments had the duty to educate and enlighten the public so that respect for diversity became a commonly embraced value.

51. Mr. Bello Maldonado reiterated the fact that the role of civil society and its interaction with political parties was essential in combating racism, and emphasized the need to create accountability mechanisms for politicians and political parties.

52. The representative of Tunisia suggested that punishment of hate speech was necessary and could perhaps be strengthened through automatic prosecution. He also stressed that hate speech by a politician it should be seen as an aggravating circumstance.

53. Dr. Lucrezia Meier-Schatz, on behalf of the IPU, highlighted the role of parliaments in proposing a model of society based on respect, tolerance, acceptance of others and of human rights. She referred to the commitments assumed by IPU in 2001 to develop appropriate mechanisms to combat discrimination, promote human rights and consolidate democracy.

54. Dr. Meier-Schatz highlighted four areas of participation, including the establishment of a fair play environment in parliaments to fight racism and racial discrimination. She stated that diversity had to be reflected in parliaments, and favoured the setting up in parliaments of a network to monitor issues of racial discrimination.

55. According to Professor Chigara, Professor of Law at Brunel University (United Kingdom of Great Britain and Northern Ireland), the battle for control of public authority was probably the oldest contest in any nation State. It attracted attention and the support of others who, while not seeking public authority themselves, sought to influence its uses towards particular outcomes. This introduced the threat of corruption to the function of politicians and political parties regardless of the political system in operation. As an outcome, the threat of discrimination of individuals was maximized wherever corruption of policy makers existed.

56. Professor Chigara also pointed out that, whenever traditional political parties felt challenged by emergent pro-ethno-nationalist parties, they tended to adopt radical extremist rhetoric that exacerbated intolerance in nation States.

57. Lastly, Professor Chigara expressed the view that legislating over the years against discrimination, xenophobia and related intolerance had not solved the problem. New forms of coded language, symbols and arguments had emerged to replace prohibited ones as mere symptoms of the problem. He recommended that States should focus on the root causes of this behaviour and apply a combination of measures towards its eventual elimination, including a meticulously planned and efficiently executed 10-year universal educational campaign.

58. In the ensuing discussion, the representative of Senegal inquired whether IPU made recommendations to Member States and, if so, what the legal weight of such recommendations was and the follow-up by IPU on them.

59. Several delegates requested Mr. Chigara to elaborate on the link between discrimination, political power, business and corruption.

60. The representative of the European Union enquired about existing cooperation with parliamentarian assemblies. She asked both speakers to provide additional information on parliamentarian measures that focused on awareness-raising, and to elaborate on current initiatives in the area of education to combat racism and discrimination.

61. The representative of the United Kingdom stressed its commitments in the field of business and human rights.

62. The representative of Austria referred to the Commission for Equality of Austria, and requested information on the cooperation of IPU with other international bodies. He also referred to the International Anti-Corruption Academy, an international organization based in Laxenburg (Austria).

63. Mr. Chigara pointed out that corruption undermined or removed the possibility of equal treatment.

64. According to Professor Jamin of the University of Liège (Belgium), political parties and politicians in Belgium had taken numerous decisions to combat racism, xenophobia, anti-Semitism and revisionism, and more generally against all discrimination and intolerance. Decisions were political and philosophical when designed to promote a certain idea of democracy and to put the “enemies” of democracy out of power, but also legal when it came to repressing actions of groups promoting discriminatory ideas through legislative measures. There were many legal means against racism, and included tools developed by political parties to prevent certain individuals or groups from undermining the fundamental principles of democracy. The legal means developed by political parties and elected officials to respond to these threats could be found in international treaties and conventions to which Belgium was a party, under its Constitution, in laws passed by Parliament and the regions, and more generally in Belgium criminal law.

65. Professor Jamin described the measures taken by political parties at the national level to combat racism, xenophobia, intolerance, anti-Semitism and revisionism, and gave an analysis of the work of the national Parliament to suppress racism, xenophobia and anti- Semitism, and its relative effectiveness. He also focused on racially biased reporting in the media and the relevant difficulties encountered by parliaments in enacting laws in this regard without prejudice to the principle of freedom of expression.

66. In conclusion, Professor Jamin observed how legislature had devised and sought to implement procedures aimed at banning political parties advocating racism and discrimination, and noted that the actions of political parties against racism, xenophobia, anti-Semitism and revisionism were undertaken in a context of permanent tension with regard to the issue of freedom that should be accorded to the enemies of freedom in a democratic regime.

V. The enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action

67. In her presentation, the Head of the Tolerance and Non-Discrimination Department at the OSCE Office for Democratic Institutions and Human Rights, Floriane Hohenberg, noted that States members of OSCE had acknowledged that hate crimes, racism and xenophobia, as well as anti-Semitism and intolerance against Muslims, Christians and members of other religions or beliefs, constituted a threat to stability and security throughout the OSCE region. They had adopted a comprehensive range of commitments to prevent and respond to hate-motivated violence and to promote mutual respect and understanding. In addition, participating States had adopted a broad range of obligations relating to combating intolerance and discrimination against Roma and Sinti. She also referred to the resolution adopted in 2011 by the OSCE Parliamentary Assembly entitled on strengthening efforts to combat racism and xenophobia and foster inclusion, aimed at combating racism and xenophobia against people of African descent.

68. With regard to its mandate, the Office for Democratic Institutions and Human Rights provided Governments and civil society with assistance to combat hate crimes effectively and to promote mutual respect and understanding, including the development of a broad range of programmes to build the capacities of law enforcement and government officials, and civil society, to combat hate crimes and to raise awareness through education programmes.

69. Lastly, Ms. Hohenberg highlighted some examples where cooperation had been particularly fruitful, in particular with regard to awareness-raising and the exchange of good practices, collecting and disseminating information about hate crimes, capacity-building for law enforcement agencies, and responding to anti-Semitism and to intolerance against Muslims.

70. The appointee of the Special Rapporteurship on People of African Descent and against Racial Discrimination of the Inter-American Commission on Human Rights, Hilaire Sobers, highlighted in his presentation how, in the Americas, both regional and international cooperation had made a contribution to the advancement of the Durban Declaration and Programme of Action, in particular through the establishment of the rapporteurship, and the ongoing process of drafting regional instruments on racism, racial discrimination and other forms of discrimination and intolerance.

71. The rapporteurship had been established through the joint efforts of community of non-governmental organizations and the State of Brazil, which had funded the rapporteurship for the first year. Since 2005, other States members of the Organization of American States (OAS) hade contributed to the funding of the rapporteurship, as had some of observer States to OAS. Another example of this cooperation was the thematic report issued by the rapporteurship in December 2011, during the International Year of Persons of African Descent, which was funded largely by donations from the European Union.

72. Mr. Sobers stated that, over the past seven years, the rapporteurship had supported and advanced the Durban Agenda in a number of ways, including the above-mentioned thematic report on the situation of people of African descent in the Americas; country visits and the relevant thematic reports thereon; the technical assistance provided to the Working Group of the Permanent Council on the draft convention; and the organization of a major conference to mark the International Year for People of African Descent.

73. With regard to the challenges faced within the inter-American system in implementing and advancing the Durban Declaration and Programme of Action, Mr. Sobers stated that OAS could improve its capacity to advance the relevant agenda by taking a more proactive, programmatic approach when forging and sustaining institutional bonds of cooperation with the United Nations, civil society and other relevant actors.

74. Lastly, Mr. Sobers updated the Working Group on the process of drafting an inter- American convention against racism and all forms of discrimination and intolerance, which had started in 2005. He noted that, initially, the project was meant to be a compendious instrument that covered multiple categories of discrimination. By 2010, however, Member States had come to an impasse in negotiations, primarily because they could not agree on the scope of the convention and, more specifically, the categories of discrimination.

75. In response to the impasse, a proposal was made that the draft convention be split into two instruments: one on racism/racial discrimination, and the other on all other types of discrimination. This proposal had since been accepted by the Working Group and, ultimately, by the General Assembly in 2012.

76. The Executive Director of the secretariat of the OIC Independent Permanent Human Rights Commission, Rizwan Saeed Sheikh, delivered a presentation on the history of OIC engagement with the Durban Declaration and Programme of Action, especially with regard to one of the key areas of concern for OIC: religious intolerance and the associated “Istanbul process”. He emphasized the value of OIC as a cross-regional mechanism that cooperated and coordinated with other regional organisations at three levels: Member States, the secretariat, and the Independent Permanent Human Rights Commission. He argued for increased attention to Islamophobia as a contemporary form of racism and proposed that the focus of the Working Group on international and regional cooperation

and coordination could result in the sharing of experiences in areas such as legislation, transposition into national laws, juridical practices and public policies.

77. The Director of the European Network against Racism, Catherine Lynch, presented the work of the network, which had been created in 2000 as a result of the European Year against Racism. She warned that racism within the European Union was on the rise, and emphasized the importance of developing a positive narrative on anti-racism and migration. She highlighted the need for adequate financial support for non-governmental organizations if they were to produce credible data for Governments.

78. During the ensuing discussion, the representative of Senegal enquired about the reasons for racism in places where there was adequate legislation and political will. He asked whether this was due to a lack of understanding of the laws or a lack of capacity. He also requested information on the network’s capacity-building activities.

79. The representative of the European Union informed participants on the work of the Fundamental Rights Agency, which collected information and data, gave advice to Member States and organized expert consultations with other international organizations. She enquired about concrete human rights projects on the ground that OIC was undertaking or funding in its region.

80. The representative of South Africa enquired about the progress that the network has made in elaborating a positive narrative on anti-racism and migration, and whether such a narrative would be a viable means to counter racism. She asked whether the Independent Permanent Human Rights Commission had, or could have in the future, recourse to special procedure mechanisms to address human rights violations related to racial discrimination.

81. The representative of the Czech Republic questioned Mr. Sheikh’s opinion on the need to arrive at an integrated framework for combatting religious intolerance, arguing that such a framework already existed in Human Rights Council resolution 16/18, which had been adopted by consensus. She also asked how the Independent Permanent Human Rights Commission tackled challenges relating to migration within the OIC constituency, and about any other challenges in the OIC constituency.

82. The representative of Egypt explained that OIC focused on non-discrimination based on religion and belief, and did not support the rise of religion above human rights. The debate on combating religious intolerance was particularly relevant to the current discussion. He asked whether Council resolution 16/18 was sufficient to deal with the rise of contemporary forms of racial discrimination, such as Arabophobia and Islamophopbia, and whether another resolution was needed to address these issues. He also asked whether the rise of racism in Europe could be attributed mainly to the economic crises, and suggested that impunity for racist and discriminatory acts might instead be the main reason. In his opinion, freedom of opinion seemed to be more safeguarded than the right to be protected against hate speech.

83. The representative of Morocco highlighted the fact that there was a need to reflect more in depth on the reasons for the sudden rise of xenophobia and the issue of impunity, and on whether the current legal frameworks relating to discrimination were sufficient. He suggested that the relationship between freedom of religion, freedom of expression and impunity should be discussed at – the national, regional and international levels.

84. The representative of the Bolivarian Republic of Venezuela expressed appreciation for the presentation on the Independent Permanent Human Rights Commission, which had clarified that OIC made great efforts in the area of cooperation in combating racism. Referring to the contemporary unprecedented levels of racism, he noted that discriminatory practices could be found in the European Union as anywhere else. He asked Ms. Lynch

about the obstacles that the European Network against Racism had encountered in combating racism in general, and with regard to migration in particular.

85. In responding to the questions, Mr. Sheikh explained that OIC was now in the institution-building phase with regard to human rights. He drew attention to some good practices, such as the creation of an OIC observatory on Islamophobia, which produced daily, monthly and annual reports. Such a practice should be emulated by other regional organizations, as well as by the United Nations itself. He explained that the possibility of using special procedures and of dealing with complaints was part of a large toolbox available to the Independent Permanent Human Rights Commission; the statute of the Commission did not prohibit it. Other tools already in use included fact-finding missions, with one to Myanmar being currently considered. The Cairo Declaration was the beginning of OIC engagement with human rights. The Commission might suggest reconsidering that document if they deemed it necessary.

86. Mr. Sheikh also elaborated on the complexity of what others called Pakistani blasphemy laws. In relation to the adequacy of Council resolution 16/18, Mr. Sheik stated that the Istanbul process had built on that resolution in order to address the issues dividing the international community. In his opinion, there was a need to explore whether there were any gaps in relation to combating racism in legislation, implementation or elsewhere.

87. Ms. Lynch, in responding to questions, elaborated on capacity-building activities by the European Network against Racism of its members. She reiterated that an increase in the severity of racist crimes had been observed, as well as a greater tolerance of racism, which could not be attributed to the recession only. While building a positive narrative on anti- racism and migration on its own would not be sufficient, it was a necessary piece of the anti-racism puzzle. She explained that, while non-discrimination legislation was the cornerstone of the fight against it, there were other challenges, such as motivating people to report racist acts. In her opinion, victims must not only be provided with access to justice, but also be reassured that they can trust the justice system and that they can see results.

88. Laurence Boisson de Chazournes, Professor at the University of Geneva and Member of the Human Rights Council Advisory Committee, presented the Committee’s study on the enhancement of international cooperation in the field of human rights,1 covering the relevant legal framework, the various modalities of international cooperation and the challenges and prospects in this regard.

89. During the ensuing discussion, examples of the cooperation of OSCE with various agencies in the area of tolerance and non-discrimination were highlighted. In her concluding remarks, Ms. Boisson de Chazournes expressed the hope that the work of the Advisory Committee would become better known and utilized.

90. The Programme Officer from the Social and Human Sciences Sector of the UNESCO Office at Windhoek, Obert Lubasi Mutumba, presented the initiative of the International Coalition of Cities against Racism and Discrimination, explaining the rationale for and history behind its creation and its operational context, providing a summary of results achieved to date, some insights into good practices, and considerations on lessons learned and the way forward.

91. During the ensuing discussion, Mr. Sobers enquired about the inclusion of Caribbean cities in the Coalition of Cities against Racism, especially those with significant Afro-descendant populations.

1 A/HRC/19/74.

92. The representative of the European Union pointed out that the work of the Coalition was an interesting example of dealing with discrimination in an urban environment and of cooperation at the sub-State level. Asserting that migration towards urban centres was a global phenomenon, she enquired whether the Coalition cooperated more closely with other regional and United Nations mechanisms with regard to, for example, housing and social security.

93. The representative of Mexico asked whether the Coalition cooperated with theinter- American system, about the methodology for designating good practices, and the challenges that the Coalition faced in interaction with States.

94. The representative of Senegal noted that the Coalition was an interesting example of sub-State and decentralized cooperation, given that debates about cooperation were often restricted to international and regional dimensions. He asked for more information on accession criteria, whether the cities provided legal assistance and information for victims of discriminatory acts, and about the means used by municipalities to combat racism.

95. The representative of South Africa asked about cooperation with such organization as the Southern African Development Community, and invited the presenter to share successful trends in addressing the lack of political will.

96. The representative of the Association of World Citizens enquired about cooperation with the University of Fribourg and the use of the Association’s study on health determinants and of specialized educators, and emphasized the role of youth, local radio stations and integration programmes for foreign students after they have finished their studies as a means to combat racism.

97. The representative of the non-governmental organization Nord-Sud XXI asked whether the Coalition disseminated the Durban Declaration and Programme of Action, and expressed his wish to see the organization cooperate with the Coalition.

98. In response, Mr. Mutumba explained that the Coalition could hold member cities accountable, but this worked only if a real buy-in was ensured. The Coalition advocated for its enlargement, but cities themselves had to see the importance of joining; they could not be forced to do so. The Coalition provided technical support but did not have a national mandate as such. The admissions process consisted of a declaration of intent by the city. Member cities had their own advocacy and outreach strategies, which included community media (especially in remote areas) and translation into local and indigenous languages. He confirmed that Durban Declaration and Programme of Action was the Coalition’s operational basis, and informed participants about the studies that the Coalition had conducted in South Africa. With regard to political will, Mr. Mutumba noted that all the Coalition could do was to advocate. He ensured the representatives of non-governmental organizations the Coalition was highly collaborative, including with academic institutions.

VI. Presentation and adoption of the report on the tenth session

99. On 8 February 2013, the draft report was adopted ad referendum, and the Working Group decided to entrust the Chairperson-Rapporteur with its finalization.

VII. Conclusions and recommendations

A. Sharing of experiences relating to the implementation of the

International Convention on the Elimination of All Forms of Racial

Discrimination, the Durban Declaration and Programme of Action and

the outcome document of the Durban Review Conference, and the

recommendations adopted by the Working Group at its ninth session

100. The Working Group commends measures undertaken by Governments, regional organizations, civil society and other stakeholders to combat racism, racial

discrimination, xenophobia and related intolerance, which include, inter alia,

institutional, legislative and policy measures, awareness-raising campaigns, trainings,

scholarships and reiterates its call for continued and sustained efforts in this regard,

including action-oriented measures that bring changes to people‟s live.

101. The Working Group further encourages States and relevant stakeholders to continue to participate actively and constructively in the sessions of the Working

Group.

102. The Working Group welcomes progress made with regard to the implementation of its recommendations adopted during its ninth session, and invited

Governments, regional and international organizations, national human rights

institutions and other stakeholders, to continue providing updated information in this

regard to the Office of the United Nations High Commissioner for Human Rights and

focusing on the implementation of the respective recommendations of the Working

Group.

103. The Working Group welcomes the realization of the unified publication of texts of the Durban Declaration and Programme of Action (2001), the outcome document of

the Durban Review Conference (2009), and the political declaration contained in

General Assembly resolution 66/3 adopted during the High-level Meeting of the

Assembly to commemorate the tenth anniversary of the Durban Declaration and

Programme of Action (2011).

104. The Working Group requests OHCHR and the Department of Public Information, and encourages Member States, to disseminate widely this new

publication.

105. The Working Group encourages States organizing future mass sporting events, international sports associations and relevant non-governmental organizations to use

the opportunity of these events to undertake activities aiming at fighting all forms of

racism, racial discrimination, xenophobia and related intolerance in sport, in

particular through awareness- raising activities on the problems associated with

racism, racial discrimination, xenophobia and related intolerance, tolerance and

respect for diversity. In this regard, the Working Group takes note of the review that

UEFA and the NGO “Football against Racism in Europe” (FARE) carried out

regarding their „Respect Diversity – football unites‟ programme during the EURO

2012 Football Championship.

106. The Working Group commends its Chairperson for his efforts in implementing recommendations aimed at improving the effectiveness of the work of IGWG as

contained in the report of its 7th session (paragraphs 101-107) and encourages the

Chairperson to continue in that pursuit.

107. The Working Group notes with appreciation the convening of regional and national workshops on development and implementation of national action plans

against racism, racial discrimination, xenophobia and related intolerance organized

by the Office of the United Nations High Commissioner for Human Rights, in

collaboration with other partners, and encourages the Office to continue

implementing such activities.

108. The Working Group also reiterates its call on States to draft, revise as necessary and fully and effectively implement national action plans against racism,

racial discrimination, xenophobia and related intolerance, in particular as a follow-up

to the Durban Declaration and Programme of Action and the Outcome of the Durban

Review Conference. Accordingly, the Working group welcomes the adoption of

legislative measures and the establishment of specialised national mechanisms to

combat racism, racial discrimination, xenophobia and related intolerance and invites

OHCHR to continue assisting States in this regard.

109. The Working Group stresses the need for a renewed and consistent global effort to inform the public on the importance of the Durban Declaration and

Programme of Action and the contribution it has made in the struggle against racism,

racial discrimination, xenophobia and related intolerance.

110. The Working Group recognizes the importance of NGOs and civil society organizations and call on Member States to support their participation in events and

processes aimed at combating racism, racial discrimination, xenophobia and related

intolerance.

111. The Working Group commends the practically-oriented actions of the United Nations High Commissioner for Human Rights and OHCHR, ensuring the

implementation of the Durban Declaration and Programme of Action and the

Outcome Document of the Review Conference, including the recommendations of this

Working Group.

112. The Working Group requests OHCHR to continue its advisory and trainings activities at national, local and community levels with regard to the implementation of

the Durban Declaration and Programme of Action.

113. The Working Group takes note of the compilation on experiences and good/best practices in fighting all forms of racism, racial discrimination, xenophobia

and related intolerance in sport and in promoting integration and intercultural

dialogue in and through sport prepared by the Anti-Discrimination Section and

reiterates its support to the efforts of the Office of the United Nations High

Commissioner for Human Rights to continue updating its website in a manner that is

pertinent, widely-accessible, user-friendly and includes, inter alia, information on

local, national, regional and international practices for combating racism, racial

discrimination, xenophobia and related intolerance.

114. The Working Group encourages the High Commissioner to cooperate with the Special Adviser to the Secretary-General on Sport for Development and Peace,

relevant parts of the United Nations, the International Olympic Committee, the

International Federation of Association Football and other relevant international,

regional and national sports associations and federations, as well as non-governmental

organizations and civil society, in the development of programmes to prevent and

eradicate racism, racial discrimination, xenophobia and related intolerance in sports

and to use sports as a tool to eliminate all forms of discrimination.

115. The Working Group further invites OHCHR to collaborate with UNESCO and other relevant stakeholders to design and issue age-appropriate educational materials

aimed at increasing awareness of the Durban Declaration and Programme of Action

and the Outcome Document of the Durban Review Conference for the use of children

and young people and also to disseminate the aforementioned materials widely,

including online.

116. The Working Group recognises initiatives taken at a regional level by some regional organisations towards the effective implementation of the Durban

Declaration and Programme of Action, and encourages regional organisations to

share these practices in the formal structured dialogues with Member States and

other regional organizations and provide further information in this regard to the

future sessions of the Working Group as part of the discussion on practices, initiative,

efforts and programmes for combating racism, racial discrimination, xenophobia and

related intolerance.

117. The Working Group further encourages Governments, regional and international organizations, and other stakeholders to submit, upon request, to the

Office of the United Nations High Commissioner for Human Rights information on

legislative and policy measures undertaken to combat racism, racial discrimination,

xenophobia and related intolerance to be included in its website and database. The

Working Group notes that such sharing of practical information may facilitate

cooperation, enhance progress and inspire replication.

B. Role of politicians and political parties in combating racism, racial

discrimination, xenophobia and related intolerance

118. The Working Group reaffirms the critical role, as recognized in the Durban Declaration and Programme of Action and the Outcome Document of the Durban

Review Conference, of political parties and political leaders in combating racism,

racial discrimination, xenophobia and related intolerance and recalls all relevant

paragraphs of the Durban Declaration and Programme of Action and the outcome

document of the Durban Review Conference;

119. The Working Group urges States to reinforce their commitment to promote tolerance and human rights and to fight against racism, racial discrimination,

xenophobia and related intolerance.

120. The Working Group underlines the key role that all political leaders and political parties at every level, can and ought to play in combating racism, racial

discrimination, xenophobia and related intolerance, thereby contributing to

strengthening democracy. It encourages political parties to take concrete steps to

promote solidarity, tolerance and respect for diversity and human rights. The

Working Group stresses the necessity for political leaders and political parties to

continue to implement measures in this regard.

121. The Working Group notes that several historical injustices were based on and legitimized by messages of racial, religious, national or ethnic hatred disseminated by

political parties and political leaders.

122. The Working Group considers in this regard unacceptable, when political leaders at every level deliver racist speeches and incite hatred and xenophobia and

urges political leaders and political parties, to explicitly and strongly condemn the use

of political platforms to disseminate all political messages and ideas based on racism,

racial superiority or hatred and that incite racism, racial discrimination, xenophobia

and related intolerance as well as combating manifestations of generalized rejection of

migrants.

123. The Working Group underlines the necessity for political leaders and political parties at every level to take a strong public stance, concrete measures, actions and

policies against discourses that propagate racism, racial discrimination, xenophobia

and related intolerance including when such messages come from their own ranks.

124. The Working Group encourages all political parties and politicians, at every level, to consider undertaking the following measures:

(a) Adopting action plans against racism, racial discrimination, xenophobia

and related intolerance;

(b) Encouraging diversity among candidates presented for election and

within their own structures;

(c) Promoting the development of diversity within political leadership as a

fundamental value of the political systems;

(d) Establishing strong, positive and sustained cooperation with the media to

build a platform against racism, racial discrimination, xenophobia and related

intolerance;

(e) Seeking to promote and achieve the respect for diversity through

political action and legislative measures;

(f) Committing to take decisive action against racist discourse; condemn

openly all political messages or discourses that disseminate ideas based on racial

superiority or hatred and that incite racism, racial discrimination, xenophobia and

related intolerance.

125. The Working Group urges all political parties and political leaders at every level, to engage with civil society in the fight against racism, racial discrimination,

xenophobia and related intolerance.

126. The Working Group further encourages political parties to develop codes of conduct in accordance with international human rights law that include internal

disciplinary measures for violations thereof, so their members refrain from public

statements and actions that encourage or incite racism, racial discrimination,

xenophobia and related intolerance.

127. The Working Group notes the necessity of implementing existing legislations in the fight against racism, racial discrimination, xenophobia and related intolerance.

These legislations should be comprehensively well drafted to encompass all forms of

racism, racial discrimination, xenophobia and related intolerance, including all its

contemporary forms and manifestations. Related to the foregoing, the Working

Group recognizes that legislation alone, while fundamental, is not sufficient by itself to

respond fully to the challenges of racism, racial discrimination, xenophobia and

related intolerance.

128. The Working Group further notes that States should focus systematically and methodically on the root causes of the scourge of racism, racial discrimination,

xenophobia and related intolerance as identified in the Durban Declaration and

Programme of Action and apply a combination of measures towards its elimination.

The Working Group recognizes that education plays a significant role in eliminating

racial and negative stereotypes.

129. The Working Group believes that human rights education and awareness- raising, including amongst political parties and political leaders, is critical in

addressing racism, racial discrimination, xenophobia and related intolerance. The

Working Group recommends States to adopt educational campaigns with the aim of

preventing and combating racism, racial discrimination, xenophobia and related

intolerance. The Working Group emphasizes the importance of the Durban

Declaration and Programme of Action as an instrumental source for education, in

particular in the elaboration of educational programmes and plans aimed at

addressing negative stereotypes that appear to be the enduring legacy of historical

injustices, and in countering all forms of racism, racial discrimination, xenophobia

and related intolerance, including contemporary ones.

130. The Working Group recognizes the positive contribution that the exercise of the right to freedom of expression particularly by the media and new technologies,

including the Internet, and full respect for the freedom to seek, receive and impart

information can make to the fight against racism, racial discrimination, xenophobia

and related intolerance; the Working Group reiterates the need to respect the

editorial independence and autonomy of the media in this regard.

131. The Working Group notes with regret that certain media, by promoting false images and negative stereotypes of vulnerable individuals or groups of individuals,

particularly of migrants and refugees, have contributed to the spread of xenophobic

and racist sentiments among the public and in some cases have encouraged violence

by racist individuals and groups.

132. The Working Group condemns political platforms and organizations based on racism, xenophobia or doctrines of racial superiority and related discrimination, as

well as legislation and practices based on racism, racial discrimination, xenophobia

and related intolerance, as incompatible with democracy and transparent and

accountable governance. The Working Group reaffirms that racism, racial

discrimination, xenophobia and related intolerance condoned by governmental

policies violate human rights and may endanger friendly relations among peoples,

cooperation among nations and international peace and security.

133. The Working Group reiterates that the preservation and promotion of tolerance, pluralism and respect for diversity is important in producing more

inclusive societies. Furthermore, the Working Group strongly encourages political

parties and political leaders to take actions in their work to combat the continuing

incidents of racial or religious intolerance and violence manifested in particular by the

derogatory stereotyping and stigmatization of persons based on their religion or

belief. The Working Group also strongly encourages all political parties and

politicians to take an active and firm stance in combating hate speech, incitement to

racism, racial discrimination, xenophobia and related intolerance, including vis-à-vis

their own membership and candidates.

134. The Working Groups invites OHCHR to continue cooperating with the Inter- Parliamentary Union with a view to mobilizing parliaments and parliamentarians in

their role in the fight against racism, racial discrimination, xenophobia and related

intolerance.

C. The enhancement of international and regional cooperation with regard

to the implementation of the Durban Declaration and Programme of

Action

135. The Working Group underlines the importance of international and regional cooperation and encourages Member States to enhance and deepen their cooperation

in the full and effective implementation of Durban Declaration and Programme of

Action.

136. The Working Group recognizes the importance of cooperation among States, relevant international and regional organizations, the international financial

institutions, non-governmental organizations and individuals in the worldwide fight

against racism, racial discrimination, xenophobia and related intolerance, and that

success in this fight requires specifically taking into consideration the grievances,

opinions and demands of the victims of such discrimination.

137. The Working Group further recognizes the important role that relevant regional bodies, including regional associations of national human rights institutions,

can play in combating racism, racial discrimination, xenophobia and related

intolerance, and the key role they can play in monitoring and raising awareness about

intolerance and discrimination at the regional level, and reaffirm support for such

bodies where they exist, and encourages their establishment.

138. The Working Group believes that racism, racial discrimination, xenophobia and related intolerance, including their contemporary forms and manifestations, may

endanger international peace and security and encourages in this respect

international, regional, subregional and non-governmental organizations to take

preventive measures such as awareness-raising campaigns and training activities.

139. The Working Group thanks participants of regional organizations who attended the session and takes note of their presentations, as those presentations

contribute to the effective implementation of the Durban Declaration and Programme

of Action.

140. The Working Group welcomes the outcome of the joint workshop organized by the African Union and the European Union within the framework of the Africa –

European Union strategic partnership on human rights and democracy in Geneva on

5 June 2012, which among others included a commitment by the regional bodies to

intensify cooperation in general and on the issue of racism, racism, racial

discrimination, xenophobia and related intolerance, including also through the

organization of other seminars and interactions with the aim to generate common

ideas, initiatives as well as exchanges of experience in the fight against racism, racial

discrimination, xenophobia and related intolerance.

141. The Working Group encourages all regional organizations, including the African Union and the European Union, to cooperate on the implementation of the

Durban Declaration and Programme of Action as well as the Durban Review outcome

document and to generally accommodate participation of civil society groups.

142. The Working Group emphasizes the role that regional and international cooperation can have on the advancement of the full and effective implementation of

the Durban Declaration and Programme of Action, and encourages the establishment

at the regional level of mechanisms dealing with racism, racial discrimination,

xenophobia and related intolerance.

143. The Working Group welcomes the establishment of the rapporteurship of the rights of Afro descendants against racial discrimination by the Organization of

American States.

144. The Working Group takes note with interest of the ongoing process in the Organization of American States aiming at drafting a regional instrument with

respect to racism, racial discrimination, xenophobia and related discrimination and

intolerance and, within this context, encourages other regional and subregional

organizations that have not yet done so to consider adopting instruments or texts on

the prohibition, prevention and combating of racism, racial discrimination,

xenophobia and related intolerance.

145. The Working Group encourages the OHCHR, within existing resources, international, regional, subregional and civil society organizations, to cooperate and

plan joint activities relating to the advancement of the full and effective

implementation of the Durban Declaration and Programme of Action with a view of

improving the capacity of such organizations in this regard.

146. The Working Group encourages international, regional, subregional and non- governmental organizations to cooperate, including through joint efforts and the

utilization of their networks with a view of a wide dissemination of the Durban

Declaration and Programme of Action and the prevention and combating of racism,

racial discrimination, xenophobia and related intolerance.

147. The Working Group recognizes the important contribution of reliable data in the fight against racism, racial discrimination, xenophobia and related intolerance,

and encourages in this respect international, regional, subregional and non-

governmental organizations which already have or undertake to acquire reliable

and/or disaggregated data, to collaborate in the sharing of information and strategies

in the fight against racism, racial discrimination, xenophobia and related intolerance.

148. The Working Group encourages international and regional organizations to cooperate and coordinate efforts with a view of sharing experiences in areas such as

anti-racism legislations, transposition of relevant international provisions into

national laws, juridical practices, strategies and public policies in the fight against

racism, racial discrimination, xenophobia and related intolerance.

149. The Working Group takes note with interest of the initiative launched by UNESCO regarding the international coalition of cities against racism and

discrimination and encourages international and regional organizations to initiate

such projects with a view of involving relevant entities at the national level in the

implementation of the Durban Declaration and Programme of Action.

150. The Working Group calls on Cities around the world to consider joining this coalition and urges UNESCO to consider ways and means of strengthening the

participation of interested civil society organizations.

151. The Working Group reiterates the important role that parliaments can play in the fight against racism, racial discrimination, xenophobia and related intolerance.

The Working Group requests OHCHR to cooperate with the Inter-Parliamentary

Union, including through the utilization of its network with a view to raising

awareness about and wide dissemination of the Durban Declaration and Programme

of Action.

152. The Working Group reiterates the important role of national human rights institutions and specialized bodies in the implementation of the Durban Declaration

and Programme of Action, and requests OHCHR to cooperate with the International

Coordinating Committee of National Human Rights Institutions and use their

regional networks to sensitize and raise awareness about the significance and

importance of the Durban Declaration and Programme of Action and its full and

effective implementation.

153. The Working Group reiterates the important role of non-governmental organizations in the struggle against racism, racial discrimination, xenophobia and

related intolerance, and encourages the establishment, where appropriate, of

networks of non-governmental organizations against racism, racial discrimination,

xenophobia and related intolerance.

154. The Working Group takes notes that General Assembly resolution 67/455 requests the President of the General Assembly, in consultation with Member States,

relevant United Nations programmes and organizations and civil society to launch an

informal consultative preparatory process for the proclamation of the International

Decade of People of African Descent, with the theme, “People of African descent:

recognition, justice and development”, with a view to proclaiming the Decade in 2013,

and notes the work of the Working Group, pursuant to the provisions of paragraph 61

of Assembly resolution 66/144 of 19 December 2011.

Annexes

Annex I

Agenda

1. Opening of the session

2. Election of the Chairperson-Rapporteur of the Working Group

3. Adoption of the agenda and programme of work

4. Implementation of previous decisions of the Working Group:

(a) Role of politicians and political parties in combating racism, racial discrimination, xenophobia and relates intolerance

(b) The enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action

5. Presentation and adoption of the report on the tenth session.

Annex II

[English only]

List of attendance

Member States

Afghanistan, Algeria, Angola, Argentina, Armenia, Austria, Bahrain, Bangladesh, Belgium, Benin, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Czech Republic, Denmark,

Djibouti, , Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Germany, Greece, Guatemala, Haiti, Honduras, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Japan, Jordan, , Kuwait, Lao People’s Democratic Republic, Latvia,

Lithuania, Libya, Luxembourg, Malaysia, Malta, Mauritania, Mexico, Montenegro, Morocco, Nepal, Netherlands, Nicaragua, Norway, Oman, Pakistan, Paraguay, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Syrian Arab Republic, Thailand, Timor-Leste, Togo, Tunisia, Turkey, Viet Nam, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela (Bolivarian Republic of), Zimbabwe

Non-Member States represented by observers

Holy See, State of Palestine

International organizations

United Nations High Commissioner for Refugees

Intergovernmental organizations

African Union, Organisation internationale de la Francophonie, European Union, Organization of American States

Non-governmental organizations in consultative status with the

Economic and Social Council

African Commission of Health and Human Rights Promoters, Association of World Citizens, Culture of Afro-Indigenous Solidarity, International Youth and Student Movement for the United Nations, Nord-Sud XXI, Rencontre africaine pour la défense des droits de l’homme, World Federation of United Nations Association

Non-governmental organizations not in consultative status with the

Economic and Social Council

AIDE Federation

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Annex III

[English only]

Programme of work

Time

Monday

8 October 2012

Tuesday

9 October 2012

Wednesday

10 October 2012

Thursday

11 October 2012

Friday

12 October 2012

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Item 1: Opening of the session Item 2: Election of the Chairperson- Rapporteur Item 3: Adoption of the agenda and programme of work

Item 4 (a) (cont’d) Discussion

Item 5: Discussion on the role of politicians and political parties in combatting racism, racial discrimination, xenophobia and related intolerance Dr. Nazila Ghanea, Lecturer in International Human Rights Law, University of Oxford Mr. Alvaro Bello Maldonado Researcher- Department of Anthropology at the Catholic University of Temuco (Chile)

Item 5 (cont’d) Presentations by: Prof Ben Chigara Professor of Law- Brunel University- UK Prof Jérôme Jamin Professor at the University of Liège Discussion

Item 5 (cont’d) General discussion on item 5

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Item 4: Implementation of previous decisions of the Working Group Item 4 (a): Sharing of experience, including on good practices, implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the Durban Declaration and Programme of Action and the Outcome Document of the Durban Review Conference (A/HRC/13/60, para. 94) Debriefing on the anti-racism campaign during the 2012 European Football cup: - Patrick Gasser (UEFA) - Piara Powar (Executive Director- Football Against Racism in Europe)

Item 4 (b ): Review of progress on implementation of recommendations adopted at the 9th session - OHCHR - UNHCR - DELEGATIONS - OTHERS

Item 5 (cont’d) Presentations by: Prof. Alain Didier Olinga Lecturer in Public Law, University of Yaoundé II Ms. Lucrezia Meier-Schatz, (Parliamentarian) Member of the Swiss Federal Assembly (National Council) and of the Federal Assembly delegation to the IPU Discussion

Item 5 (cont’d) Mr. Oscar Javier Parra Vera (OAS) senior staff attorney at the Registry of the Inter American Court of Human Rights Discussion

Item 5 (cont’d) General discussion on item 5

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15 October 2012

Tuesday

16 October 2012

Wednesday

17 October 2012

Thursday

18 October 2012

Friday

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Item 6: Discussion on the enhancement of international and regional cooperation with regard to the implementation of the Durban Declaration and Programme of Action Presentations by: Floriane Hohenberg Head, Tolerance and Non- Discrimination Department- OSCE-ODIHR Hilaire SOBERS Human Rights Specialist, Rapporteurship on People of African Descent and Against Racial Discrimination, Inter-American Commission on Human Rights, Organization of American States Discussion

Item 6 (cont’d) Presentations by: Prof. Laurence Boisson de Chazournes UNIGE/Human Rights Council Advisory Committee Mutumba, Obert (UNESCO) The Coalition of Cities against Racism Discussion

Informal consultations on draft conclusions and recommendations on items 5 and 6

Informal consultations on draft conclusions and recommendations on Item 5 and 6

Preparation of the report

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Discussion Rizwan Saeed Sheikh, Executive Director OIC/IPHRC Secretariat Catherine Lynch, Director, European Network Aainst Racism (ENAR)-Ireland

Item 6 (cont’d) Presentations by: - EU - AU or General discussion on Item 6

Informal consultations on draft conclusions and recommendation on items 5 and 6

Preparation of the report Item 7: Presentation and adoption of the report of the tenth session