37/77 Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its fifteenth session / RightDocs

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Document Type: Final Report

Date: 2018 Feb

Session: 37th Regular Session (2018 Feb)

Agenda Item: Item9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action

GE.18-01446(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

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 fifteenth session

Note by the Secretariat

The Secretariat has the honour to transmit the report of the Intergovernmental

Working Group on the Effective Implementation of the Durban Declaration and

Programme of Action on its fifteenth session from 9 to 20 October 2017. The report was

prepared pursuant to Council resolution 34/34.

United Nations A/HRC/37/77

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

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 34/34.

II. Organization of the session

2. The Working Group held its fifteenth session from 9 to 20 October 2017.

Participants discussed and shared views on the state of racial discrimination worldwide and

measures to enhance the effectiveness of the follow-up mechanisms to the Durban

Declaration and Programme of Action and to ensure better synergies in the work of those

mechanisms. The Working Group reviewed the progress achieved in the implementation of

the programme of activities of the International Decade for People of African Descent and

on the implementation of recommendations adopted at its previous session. The Working

Group exchanges and discusses good practices on measures undertaken to promote

societies that are more inclusive; training and awareness-raising for law enforcement

officials and the judiciary; monitoring and investigation hate speech and hate crime; and

protection of migrants and refugees against racism, racial discrimination, xenophobia and

related intolerance.

A. Attendance

3. The session was attended by representatives of States Members of the United

Nations, observers from non-Member States and by intergovernmental and non-

governmental organizations (NGOs).

4. Under items 5 and 6 of the programme of work, presentations were made by the

Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia

and related intolerance, Mutuma Ruteere, independent eminent expert, Edna Santos Roland,

and the Chair of the Committee on the Elimination of Racial Discrimination, Anastasia

Crickley. Under item 7, presentations were made by the Chair of the Working Group of

Experts on People of African Descent, Sabelo Gumedze, and by Ms. Santos Roland. Civil

society representatives from Switzerland (Celeste Ugochukwu and Awa Balla Ndiaye),

Germany (Elisabeth Kaneza) and the Netherlands (Barryl Biekman) also presented

interventions under item 7.

5. Under item 9, presentations were made by the Permanent Representative of

Singapore to the United Nations Office and other international organizations in Geneva,

Foo Kok Jwee; the Mayor of the City of Birmingham, Alabama, United States of America,

William Bell; Margarita Maria Castilla Peon of the technical secretariat of the Mexico City

Council to Prevent and Eliminate Discrimination; the manager of the inclusion, protection

and engagement unit of the International Federation of Red Cross and Red Crescent

Societies, Amjad Saleem; the Secretary-General of the National Consultative Commission

on Human Rights, France, Magali Lafourcade; and a representative of the National Institute

against Discrimination, Xenophobia and Racism, Argentina, Agustin Analian.

6. Under items 10 and 11, presentations were made by the Director of the Thurgood

Marshall Civil Rights Centre, Washington D.C., and Associate Professor of Law, Justin

Handsford; former member of the Committee on the Elimination of Racial Discrimination,

Patrick Thornberry; Christel Mercadé, legal/policy officer, fundamental rights and rule of

law unit (European Commission); Denis Roth-Fichet, senior lawyer, European Commission

against Racism and Intolerance; and Mireya Del Pino Pacheco, Director of Studies and

Public Policies, National Council to Prevent Discrimination, Mexico, the Head of the

International Migration Law Unit at the International Organization for Migration (IOM),

Kristina Touzenis, and the Professor of International Migration at Coventry University,

United Kingdom of Great Britain and Northern Ireland, Heaven Crawley.

B. Opening of the session and election of the Chair-Rapporteur

7. The Permanent Representative of Sierra Leone to the United Nations Office and

other international organizations in Geneva, Yvette Stevens, was elected Chair-Rapporteur.

III. Discussion of the state of racial discrimination worldwide

8. Mr. Ruteere discussed some of the main issues he had been working on as the

Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia

and related intolerance. He emphasized that in today’s counter-terrorism context, the world

was witnessing a global rise in anti-immigrant and more specifically anti-Muslim rhetoric.

9. Mr. Ruteere had presented a report to the Human Rights Council on the resurgence

of xenophobia in the wake of increased immigration and had noted that the issue had not

received the attention it deserved. He had further noted that racial profiling by law

enforcement officials was widespread and that it acted as a constant reminder of the

normalization of racism and xenophobia.

10. He had also raised his concern about the prevalence of racism at sporting events and

racial hostility in sports clubs. He had noted that new information technologies were being

increasingly exploited to disseminate messages of racial and religious hatred, but argued

that the Internet and social media should instead be harnessed as tools for more inclusive

speech and global solidarity.

11. Ms. Santos Roland stated that the world was witnessing a rising tide in the

manifestations of racism. She noted that a lack of information on and awareness of racial

discrimination in the Latin American region often resulted in a lack of recognition of the

problem. She also noted the lack of representation of people of African descent in positions

of power, especially in the judiciary, and that affirmative action policies were needed in

order to achieve equal educational and labour attainment.

12. In addition, Latin America had recently seen the scourge of xenophobia as a result of

an increasing flow of migrants. That hatred towards people of other countries was made

worse by declining local economies and rising rates of unemployment, which increased fear

amongst the population. That had further resulted in the dissemination of ideas based on

racial superiority and hatred that had not been addressed effectively, as a consequence of

services not having the effective skills to do so.

13. Ms. Crickley drew attention to the great importance of the intersectionality between

racism and gender oppression. She emphasized that people who experienced racism were

not all the same and that they most likely suffered from multiple and aggravated forms of

discrimination, compounded by factors such as gender identity and disability.

14. Ms. Crickley noted the danger of renaming racial discrimination as just another form

of oppression. She stressed that xenophobia was the chief cause of racism against migrants

and refugees and emphasized that fear of people who looked different did not justify

denying them their human rights.

15. In terms of the issues with which the Committee on the Elimination of Racial

Discrimination had recently been struggling, Ms. Crickley highlighted the denial by

Member States of racial profiling by their law enforcement officials; anti-Muslim

discrimination; racism experienced by migrants and refugees, particularly in the context of

their right to work; and the intersection between racism and gender oppression, specifically

with reference to the employment rights of domestic workers.

16. The representative of the European Union stated that racism was on the rise and that

it negatively affected equality, freedom and justice. She emphasized that prevention was

key and that it was important to sensitize the younger generation to racial discrimination

and the need for tolerance and inclusion.

17. The representative of South Africa stated that a lot of work remained to be done to

address racism and called on States to embrace the Durban Declaration and Programme of

Action.

IV. Discussion on the measures to be taken to enhance the effectiveness of the follow-up mechanisms to the Durban Declaration and Programme of Action and to ensure better synergy and complementarities in the work of these mechanisms, in line with article 124 of the Outcome Document of the Durban Review Conference

18. The Working Group invited the group of independent eminent experts to participate

in its fifteenth session with a view to ensuring the effective participation and optimal

utilization of its mandate. The Working Group and the members of group of the

independent eminent experts discussed the function and mandate of the group and the way

in which the two mechanisms could work effectively together.

19. Ms. Crickley outlined the approach taken by the Committee on the Elimination of

Racial Discrimination to ensure better synergies and complementarities regarding the

Durban mechanisms. The Committee on the Elimination of Racial Discrimination favoured

a direct engagement on an annual basis with the Special Rapporteur on contemporary forms

of racism, racial discrimination, xenophobia and related intolerance and attempts to work

together on common issues.

20. She noted that the meeting of the Chairs of the human rights treaty bodies, created

with the purpose of ensuring complementarity, had been particularly useful in providing

space for discussions between groups, and that complementarity, both horizontally and

vertically, should be seen as a way of reinforcing the mechanisms within the United

Nations system.

21. Ms. Santos Roland reminded participants that the Durban Declaration and

Programme of Action gave a mandate to the group of independent eminent experts to

follow up on its implementation. The group was composed of five experts who worked

independently in their personal capacity and were responsible for following up on the

Durban Declaration and Programme of Action in their respective regions.

22. The Working Group, however, had a specific mandate to receive all information

regarding the implementation of the Durban Declaration and Programme of Action, by

allowing discussions in which Member States were able to share their experience of

implementation.

23. The representative of Zimbabwe, on behalf of the Chair-Rapporteur of the Ad Hoc

Committee on the Elaboration of Complementary Standards to the International Convention

on the Elimination of All Forms of Racial Discrimination, shared his support for the

imperative need for closer cooperation between the three Durban follow-up mechanisms.

He also informed participants of the decision of the Human Rights Council to implement

the request of the General Assembly, contained in its resolution 71/181, addressed to the

Chair-Rapporteur of the Ad Hoc Committee, to ensure the commencement of negotiations

on the draft additional protocol to the Convention criminalizing acts of a racist and

xenophobic nature during the tenth session of the Ad Hoc Committee. He also highlighted

paragraph 5 of resolution 71/181, in which the General Assembly had expressed its concern

at the lack of progress in the elaboration of complementary standards to the Convention.

V. Review of the progress achieved concerning the programme of activities for the implementation of the International Decade for People of African Descent

24. The Chair of the Working Group of Experts on People of African Descent opened

the session by stating that bias against people of African descent continued to this day and

that racism was still very prevalent. He noted his deep concern for the multiple and

intersecting forms of discrimination from which people of African descent suffered, based

on their race, ethnicity, gender, class, language, culture, religion, minority and migration

status and other related grounds. He further raised concern about the lack of accountability

for acts of violence and other human rights violations against people of African descent. He

stressed that structural racism and discrimination were widespread in the administration of

justice and that people of African descent were particularly vulnerable to racial profiling as

well as generally overrepresented in the criminal justice system.

25. Ms. Santos Roland noted that in the Latin American and Caribbean region important

advances had been made in the implementation of policies that sought to combat racism

and promote equality. Several States in the region had also adopted national action plans

and other legislative measures to combat racism and racial discrimination. Monitoring

bodies had been put in place to check progress on the achievement of equality, and

education and awareness-raising were being employed to sensitize the population to the

harm done by racial discrimination.

26. She reiterated the importance of data collection and emphasized that without

information and data it was not possible to give adequate recognition to people of African

descent or to address the discrimination they faced.

27. The representative of Brazil noted that the date for the next national conference on

racial discrimination in Brazil had been set and that its theme would echo the International

Decade for People of African Descent by focusing on recognition, justice, development,

equality and human rights. She noted that Brazil had instituted normative and institutional

changes to foster the participation of Afro-Brazilians in public, economic and political life.

28. The representative of South Africa voiced an urgent call for action. It stated that the

plight of people of African descent was deteriorating and that all States should therefore

remain committed to the International Decade and to the overarching aim of the 2030

Agenda for Sustainable Development to leave no one behind.

29. The representative of Cuba noted that Cuba was implementing many activities to

foster the greater participation of people of African descent and to give greater visibility to

projects aimed at recovering their history. It had hosted media events and cinema

screenings to promote the heritage of people of African descent and to overcome prejudice

against and stereotyping of them.

30. The representative of the European Union noted the remarkable recognition of the

reality of people of African descent, specifically the denial of their basic human rights. She

called for the full and effective implementation of international mechanisms such as the

International Convention on the Elimination of All Forms of Racial Discrimination and the

Durban Declaration and Programme of Action. She noted that the Durban Programme of

Action emphasized the need to strengthen national action.

31. During the discussion on the implementation of the International Decade for People

of African Descent through multi-stakeholder cooperation, Mr. Ugochukwu noted that a

number of studies involving multiple stakeholders had been conducted on the state of anti-

black racism in Switzerland. One of the studies had mapped the traces of the transatlantic

slave trade and colonialism in Switzerland.

32. Ms. Kaneza firstly noted that Germany did not have a far-reaching or rich history

when it came to people of African descent. They therefore remained a largely invisible

minority in the country. Similar to the experience of people of African descent in other

countries, in Germany they were also disproportionately victims of racism and racial

discrimination, police profiling and police brutality. Women of African descent were even

more discriminated against, given that their gender acted as an additional and aggravating

basis for discrimination.

33. Ms. Kaneza further noted that the launch of the Decade in Germany had led to a

multi-stakeholder approach to address racism in the country. She noted that the Federal

Anti-Discrimination Agency had participated in the launch of the Decade and that the

German Institute for Human Rights continued to help monitor the situation of people of

African descent.

34. Ms. Biekman reiterated that the effects of the transatlantic slave trade and slavery

continued to manifest themselves today. She noted that colonialism had resulted in racism

and that Africans and people of African descent continued to be the victims of its

consequences, including social and economic inequality. She reiterated the need for the full

and effective implementation of the Durban Declaration and Programme of Action.

35. Ms. Biekman stated that civil society organizations were a significant actor in the

combat against racism and discrimination against people of African descent. She

emphasized the need for civil society organizations to be well organized and to

communicate clearly with Governments.

36. Ms. Ndiaye reiterated the importance of the Durban Declaration and Programme of

Action in making it possible to understand the history of racism and providing possible

solutions to the multifaceted problem. She made reference to paragraph 158 of the Durban

Programme of Action, in which the World Conference against Racism, Racial

Discrimination, Xenophobia and Related Intolerance had called for the facilitation of the

welcomed return and resettlement of the descendants of enslaved Africans, stating that

people of African descent should be granted the right and opportunity to return to a country

of their choice on the continent and granted citizenship.

37. In the ensuing discussion, the representative of the European Union, supported by

Germany, reiterated that civil society organizations were the driving force behind the

implementation of the Decade and a key actor for change. She also reiterated the

importance of portraying people of African descent in a positive light.

38. The representative of the United States reaffirmed the country’s efforts to guide the

implementation of the International Decade for People of African Descent and its

commitment to promoting the enjoyment of human rights, racial equality, religious freedom

and social inclusion for people of African descent, both domestically and internationally.

The representative highlighted the support of the United States for cultural educational

initiatives and shared the most recent developments on promoting African-American

culture.

VI. Review of the progress achieved concerning the implementation of recommendations adopted by the Working Group at its previous session

39. The representative of the European Union stressed that the recommendations of the

Working Group should be an end in themselves and that the low rate of feedback from

Member States deserved reflection. She suggested that the reasons as to why there was such

a low rate of feedback could relate to the number of recommendations or to whether they

were sufficiently action-orientated.

40. She reminded participants of paragraph 61 (b) of the report on the fourteenth session

of the Working Group, in which it had requested that the necessary arrangements be made

to ensure that there was sufficient time between its sessions and those of the Human Rights

Council to allow for better preparation and to ensure optimal participation.

41. The representative of Brazil noted that a review of the implementation of

recommendations could be seen as a cross-cutting challenge to the Working Group. She

suggested that the review should take place at the end of the session after all the thematic

issues had been discussed.

VII. Exchange and discussion on good practices in combating racism

A. Discussion on measures undertaken to promote more inclusive societies

42. The Mayor of Birmingham, Alabama, noted that his city was the centre of the civil

and human rights movement in the United States, which had led to many legislative and

practical changes to combat racial, gender and religious discrimination. He noted that a lot

of progress had since been achieved but that this progress was placed in jeopardy by rising

levels of racial and religious intolerance in the United States and all around the world.

43. Mr. Bell noted that the police were infamous for their discriminatory practices and

that police officers in Birmingham, Alabama, were therefore provided with cultural training

to sensitize them to cultural differences in order to prevent bias.

44. The Permanent Representative of Singapore to the United Nations Office and other

international organizations in Geneva stated that although Singapore was a small country

with only 5.6 million inhabitants, it was one of the most religiously, racially and culturally

diverse countries in the world. Independence had been thrust upon the State in 1965, at

which point it had been decided that no group of people would be favoured or

disadvantaged and that everyone would share the same national identity.

45. As part of the country’s ethnic integration policy, 80 per cent of the population lived

in public housing, with each public housing estate mirroring the ethnic make-up of the

State. Each estate also hosted community facilities and spaces, which helped to build

harmonious communities.

46. Mr. Foo further underscored that Singapore took a firm stance against racist,

religious and chauvinist hatred and that it had passed and implemented various acts to deter

religious and racial strife.

47. Mr. Foo reiterated the importance of nurturing racial ties, of engaging different

religious leaders in discussion, and of organizing events where different groups could come

together to discuss problems and come up with solutions for resolving them.

48. Benedetto Zacchiroli, President of the European Coalition of Cities against Racism,

stated that his organization was a regional network of 128 cities under the umbrella of the

International Coalition of Inclusive and Sustainable Cities of the United Nations

Educational, Scientific and Cultural Organization (UNESCO).

49. He noted that by signing the 10-point plan of the European Coalition, mayors of

those cities had committed themselves to monitoring racism in their cities and to actively

combating racial discrimination. He further noted that the fight against racism in European

cities was a synergistic action between multiple stakeholders, including civil society

organizations, universities, the media, the private sector and opinion leaders.

50. Ms. Castilla Peon focused on the way in which local governments and cities were

involved in eliminating racism. The Council had for instance collected statistical data on

people’s perceptions of racism which showed that people in Mexico were not used to

thinking about race as a ground for discrimination and were hence ashamed to report it. In

response, the efforts of the Mexico City Council to Prevent Discrimination had been aimed

at promoting the social acceptance of racism through publicity and awareness-raising in the

media. It had also promoted multilingualism by translating laws and procedures into

languages spoken by minorities. Mexico City had also recently adopted a new constitution,

which, for the first time, made reference to the concepts of Afrodescendants, Islamophobia

and anti-Semitism. The Council had also worked closely with civil society organizations to

allow people of African descent to maintain their cultural practices and fight for social

recognition and political participation.

51. Mr. Saleem stated that the national societies of the Red Cross and the Red Crescent

played a prominent role in putting thoughts about social inclusion into action. He noted that

combating discrimination was high on the agenda of the International Federation of Red

Cross and Red Crescent Societies and that its third strategic aim was to promote social

inclusion and a culture of non-violence and peace. He noted that the Federation provided

long-term services to ensure social inclusion, non-discrimination and respect for diversity.

52. Mr. Saleem pointed to a number of examples where the Federation was engaged

with local communities in building inclusive societies, such as in Finland where it had

launched an anti-racism campaign in schools and developed the refugee buddy system

whereby young people were encouraged to understand better the realities of life for

migrants and refugees. Mr. Saleem underscored the importance of engaging young people

as agents of behavioural change.

B. Training and awareness-raising for law enforcement officials and the

judiciary

53. The Secretary-General of the National Consultative Commission on Human Rights

in France delivered her presentation on the training and awareness-raising practices used by

the Commission to combat racism, and outlined several of the shortfalls and successes of

those practices in France. She highlighted the importance of training in combating racism

through a number of examples of French public policy in that regard.

54. Ms. Lafourcade welcomed efforts to diversify the support provided for training

practices, such as thematic and practical workshops, training online and the dissemination

of information by leaflets. However, she outlined a number of issues where there should be

improvement. They included the constant updating of training practices and regular

evaluation in order to check the efficiency of the training. Another important aspect she

highlighted was the provision of training practices at the National School for the Judiciary

for judges, prosecutors, clerks, police officers, police commissioners, prison governors and

administrators of the National Assembly and the Senate.

55. Mr. Analian presented the activities undertaken by the Argentinian National Institute

against Discrimination, Xenophobia and Racism on capacity-building and awareness-

raising for the security forces and the judiciary. He noted that the Argentinian colonial past

had fostered xenophobia and racism towards Africans, African descendants and people of

Asian and indigenous origin, and that xenophobia also targeted specific socioeconomic

groups in Argentina, such as migrants and asylum seekers from neighbouring countries.

56. He noted that the training provided by the Institute aimed to promote respect, the

observance and development of anti-discriminatory practices, the protection of victims of

discrimination, xenophobia and racism, and the implementation of a public policy which

fostered inclusion and equality.

57. The representative of the European Union outlined the activities undertaken in this

field, notably in engaging support for member States in developing a human rights-based

approach to policy, policing and security. She also stressed that the European Union

continued to support the work of relevant European Union agencies and referred to

European Union legislation relevant to border management.

58. The representative of South Africa stated that the judiciary system needed to be

effective and based on a set of values that protected human rights.

VIII. Monitoring and investigation of hate speech and hate crime

59. Mr. Thornberry noted that in its general recommendation No. 35 (2013) on

combating racist hate speech, the Committee on the Elimination of Racial Discrimination

had sought to contribute to the promotion of understanding, lasting peace and security

among communities, peoples and States, bearing in mind that the prevalence of racist hate

speech continued to represent a significant contemporary challenge. He noted that article 4

of the International Convention on the Elimination of All Forms of Racial Discrimination

required States parties to declare as offences punishable by law all dissemination of ideas

based on racial superiority and hatred, as well as incitement to racial discrimination or

violence and assistance to racist activities. Member States were also mandated to declare

racist organizations illegal and prohibit the formation of such organizations.

60. On the qualification of dissemination and incitement as offences punishable by law,

the Committee had agreed that the following contextual factors should be taken into

account: the content and form of speech; the economic, social and political climate

prevalent at the time the speech was made and disseminated; the position or status of the

speaker in society and the audience to which the speech was directed; the reach of the

speech; and the objectives of the speech.

61. Finally, Mr. Thornberry recalled article 7 of the Convention, in which the positive

contribution of teaching, education, culture and information to combat racist hate speech

was asserted.

62. Ms. Mercadé focused on the efforts of the European Union in combating hate speech

online. She noted that the European Union framework decision on combating certain forms

and expressions of racism and xenophobia by means of criminal law criminalized hate

speech and hate crime in all member States and that the European Commission had the role

of aiding national authorities to effectively implement European Union legislation to

combat racism and xenophobia.

63. Ms. Mercadé also noted that the European Union had held its first annual

colloquium on fundamental human rights in 2015, at which the focus had been on

preventing and combating anti-Semitic and anti-Muslim hatred in Europe. One of the main

conclusions of the colloquium had been that the dissemination of hate speech on the

Internet and social media had become an increasing concern and that the fight against hate

speech required the cooperation of information technology (IT) companies, civil society

and the media. As a result, the European Commission had started a dialogue with four

major IT companies, namely Facebook, Twitter, YouTube and Microsoft, together with

member States and civil society organizations, which in 2016 had led to the adoption of a

code of conduct on countering illegal hate speech online.

64. Ms. Mercadé explained that the code of conduct was a set of voluntary commitments

for IT companies, which requested that they first of all assess, within a period of 24 hours,

the content they had received from users and trusted flaggers, according to national and

European Union law on hate speech, and remove that content if necessary. They should

also dedicate enough resources to establish a sufficiently large network of trusted flaggers

(i.e. specialist NGOs that used special channels to report hate speech) to increase the speed

at which content was assessed.

65. Mr. Roth-Fichet, referred to general recommendation No. 15 (1993) on article 4 of

the Convention of the Committee on the Elimination of Racial Discrimination, which

focused on how to combat hate speech effectively. The European Commission against

Racism and Intolerance regarded hate speech as an extreme form of intolerance, which, if

unaddressed, could be the precursor to violent hate crimes. Since 2013, therefore, the

Commission had focused its attention on hate speech.

66. He stressed that general recommendation No. 15 did not infringe on the right of

freedom of opinion or expression but that conversely, it reaffirmed the fundamental

importance of freedom of speech, tolerance and respect for the equal dignity of all human

beings and for a democratic and pluralistic society. In recommendation No. 15, the

Committee noted that freedom of expression and opinion was not an unqualified right and

that it must not be exercised in a manner inconsistent with the rights of others.

67. Mr. Roth-Fichet noted that in general recommendation No. 15 the Committee had

proposed that Member States raise awareness of the dangers of hate speech by, for

example, developing specific educational programmes.

68. Ms. Del Pino Pacheco acknowledged that intersectionality was a challenge for all

States, in particular in constructing specific responses, which comprehensively met that

challenge. She called on Member States to adopt policies and programmes which would

combat the incitement to hate speech or to racist hatred, both through public initiatives or

the media, in particular on the Internet.

69. She stated that the best response to hate speech was through the implementation of

an effective legal system. She stressed the importance of having more preventive and

educational tools, including education, to promote understanding, combat negative

stereotypes and discrimination, and undertake information campaigns and the collection

and analysis of statistical data.

70. Mr. Handsford noted that the discussion in the Working Group could not be more

timely from the perspective of the United States, where recent debates, protest and tragedies

had called into question the country’s current practices on freedom of speech, hate speech

and hate crime regulation.

71. He reminded Member States that the Durban Declaration and Programme of Action

called on States to consider a prompt and coordinated international response to the rapidly

evolving phenomenon of the dissemination of hate speech and racist material through the

new information and communications technologies, including the Internet, and to

strengthen international cooperation in response. He referred to the report of the Special

Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related

intolerance, which showed that with the development of technology, hate speech and hate

sites had grown in both number and sophistication, and extremist groups had found the

Internet to be a very useful tool for recruiting new members.

72. Mr. Handsford made several recommendations, including that efforts to engage in

the debate over the removal of racist symbolism and monuments should be supported and

those symbols replaced by art, education and monuments of historic men and women who

had promoted the cause of human dignity and racial justice. He also encouraged

participants to engage in the debate around hate speech on social media.

73. The representative of the European Union reiterated the importance of having a

criminal framework around hate speech but stated that criminalization was not sufficient to

combat hate speech and crimes. She also reiterated the importance of making alliances with

civil society and the media, and of recognizing and addressing intersectional discrimination.

74. The representative of Brazil noted that racist hate speech undermined freedom of

expression and called on Member States to be aware of the debate on hate speech and

freedom of expression. She stated that Brazil had a punitive and preventative approach to

racially motivated crimes. With regard to online hate speech, Brazil dealt with such

offences in its legislation and also criminalized those who were complicit by sharing hate

speech content online.

75. The representative of South Africa noted that hate speech was one of the most

complicated and unregarded topics, and that it had the potential to undermine the

democratic fabric of society. The representative explained that in early 2016, a series of

hate speech and hate crime incidents had taken place in South Africa. That had led to a

public outcry over racism, which had been the catalyst for the finalization of the bill on the

prevention and combating of hate crimes and hate speech. He explained that the bill had

sent a clear message to the public that hate speech and hate crimes would not be tolerated in

South Africa.

IX. Migrants and refugees: examples of good practices in protection against racism, racial discrimination, xenophobia and related intolerance

76. Ms. Touzenis gave an overview of the international legal framework relating to

human rights and refugees, and of the challenges faced by migrants regarding

discriminatory practices. She stressed that international human rights were inalienable and

not dependent on the geographical location of a person, and insisted that there should be a

focus on the discourse around migrants and migration in order to make sure that the public

understood migrants’ rights and the importance of respect for human rights.

77. Ms. Touzenis outlined the importance of granting labour rights to migrants and

refugees, with a view to stopping exploitation and the imposition of unfair working

conditions on groups of workers who, without any labour rights, could become even more

marginalized and more vulnerable to discrimination. She also stressed the need for more

initiatives for social inclusion, in particular at the level of local government, as social

inclusion created less tension in society, more participation and less discrimination. Ms.

Touzenis concluded with a reference to the global compact on refugees, noting that it

should be based firmly on existing international legal standards and contain certain goals

grounded on indicators formed by international standards.

78. Ms. Crawley provided an overview of the key challenges faced by migrants and

refugees in society. She noted that the discussion around migrants and refugees had become

politically toxic in the United Kingdom and migrants and refugees had become stigmatized

to a greater extent than before.

79. Ms. Crawley raised the issue of the way in which opinion polls around migrant-

related questions were conducted. She noted that the role of the media was particularly

crucial, as it was often the principle source of anti-migrant messages and of negative

attitudes towards migrants and refugees. She stressed that the economic and social

consequences of migration were not the fault of migrants and refugees themselves, but in

fact a failure by the Government to implement policies created to address the issue

effectively.

80. Mr. Saleem presented an overview of all the initiatives undertaken by the

International Federation of Red Cross and Red Crescent Societies and by all the

participating national societies of the Federation. He noted that the Federation initiative

“Strategy 2020” aimed to identify the structural and cultural causes of the social exclusion

of migrants and refugees and factors of difference or “diversity”. He stressed the

importance of removing inequality through improved social inclusion and making society

more inclusive as a means of providing equal opportunities, resources and rights to

migrants, and easing their adjustment to a new more inclusive society.

81. Mr. Saleem gave several examples of programmes set up to support equal

opportunities for migrants and refugees, such as through peer support, volunteering and

cultural activities. Such programmes aimed to provide access to labour markets for

migrants and others, supporting migrant students and children, raising public awareness,

starting school-based initiatives with the participation of host communities and bringing

people together through community engagement and sports.

82. The representative of the European Union stated that in the light of the current

international refugee and migration crisis, the framing of a racial discrimination discourse

in the context of migration was highly pertinent. She emphasized that the European Union

remained deeply concerned by the level of discriminatory practices and xenophobic

narratives that portrayed refugees and migrants as a threat to national security and that it

condemned all kinds of discriminatory and disproportionate counter-terrorism measures.

83. The representative of South Africa commended the New York Declaration for

Refugees and Migrants, which recognized the reality of migration and reflected the need for

greater international cooperation, solidarity, and equitable responsibility for hosting and

supporting forcibly displaced persons.

X. Conclusions and recommendations

A. Discussion on the state of racial discrimination worldwide

Conclusions

84. The Working Group:

(a) Reaffirms its commitment to the full and effective implementation of the

International Convention on the Elimination of All Forms of Racial Discrimination,

the Durban Declaration and Programme of Action, the Outcome Document of the

Durban Review Conference and the political declaration of the high-level meeting of

the General Assembly to commemorate the tenth anniversary of the adoption of the

Durban Declaration and Programme of Action. It also reaffirms the fundamental

importance of accession to or ratification of the International Convention on the

Elimination of All Forms of Racial Discrimination;

(b) Notes with deep concern that manifestations of racism, racial

discrimination, xenophobia and related intolerance have been increasing all over the

world and points out that efforts to combat their spread should be enhanced at

international, regional, national and local levels;

related intolerance can suffer multiple, aggravated or intersecting forms of

discrimination based on other related grounds, such as age, sex, language, religion,

political or other opinion, social origin, property, disability, birth or other status;

(d) Recognizes that many contemporary forms of racism, racial

discrimination, xenophobia and related intolerance are related to the legacy of slavery

and colonialism, and that the effects and persistence of those structures and practices

continue to be among the factors contributing to lasting social, economic and political

inequalities in many parts of the world today;

(e) Expresses deep concern that indicators in the fields of education,

employment, health, housing, imprisonment, participation in all aspects of society,

infant mortality and life expectancy continue to show a situation of disadvantage for

many groups worldwide, and recognizes that racism, racial discrimination,

xenophobia and related intolerance is one of the contributing factors to those

inequalities;

(f) Expresses deep concern about the rise of extremist political parties,

movements and groups that seek to normalize racism and discrimination, and invites

Member States to develop targeted policies and measures to counter those parties,

movements and groups.

Recommendations

85. The Working Group recommends that Member States:

(a) Fully and effectively implement their obligations arising under

international law, particularly the non-discrimination clauses in the Charter of the

United Nations; the International Covenant on Civil and Political Rights; the

International Covenant on Economic, Social and Cultural Rights and the

International Convention on the Elimination of All Forms of Racial Discrimination.

Those States that have not yet done so are urged to consider ratifying those two

Covenants and the Convention;

(b) Establish mechanisms, as appropriate, to follow up and implement

recommendations on racism, racial discrimination, xenophobia and related

intolerance, including those relating to people of African descent emanating from

international mechanisms, such as the Committee on the Elimination of Racial

Discrimination and other treaty bodies, special procedures mandate holders, the

universal periodic review and relevant regional mechanisms;

the Working Group of Experts on People of African Descent and the Special

Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and

related intolerance, and other human rights mechanisms working on issues related to

racism, racial discrimination, xenophobia and related intolerance;

(d) Establish national legislative frameworks and national action plans

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

accordance with the International Convention on the Elimination of All Forms of

Racial Discrimination, if they have not already done so;

(e) Establish or strengthen, as appropriate, and equip specialized bodies and

mechanisms for the implementation of public policies to eradicate racism, racial

discrimination, xenophobia and related intolerance, and promote racial equality with

suitable financial resources and the capability and capacity to survey, investigate,

educate and undertake public awareness-raising activities in line with the Durban

Declaration and Programme of Action, and the Outcome Document of the Durban

Review Conference;

(f) Collect, compile, analyse, disseminate and publish reliable statistical

data at the national and local levels, and undertake all other related measures that are

necessary to assess regularly the situation of individuals and groups who are victims

of racism, racial discrimination, xenophobia and related intolerance. Such statistical

data should be disaggregated in accordance with national legislation. Any such

information shall, as appropriate, be collected with the explicit consent of the victims

based on their self-identification and in accordance with provisions on human rights

and fundamental freedoms, such as data protection regulations and privacy

guarantees. That information must not be misused;

(g) Take effective action to address the root causes of racial discrimination,

notably acknowledging the legacy of slavery and colonialism and its implications for

contemporary forms of economic, social, political and cultural inequalities and

discrimination. In that regard, Member States should develop and support activities

aimed at promoting greater knowledge of, and respect for, the culture, history and

heritage of affected groups;

(h) Implement educational activities and measures, including human rights

training at various levels and in different sectors, to raise awareness of the scourge of

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

combat effectively their occurrence;

(i) Take positive measures, if they have not already done so, to eliminate the

conditions that cause or contribute to the perpetuation of racial discrimination

against, and exclusion of, affected groups in all spheres of public life, including the

adoption of affirmative action, where it is in accordance with national law, in the

Member States in which they live, and pay particular attention to multiple,

aggravated or intersecting forms of discrimination;

(j) Pay specific attention to the situation of victims of racism, racial

discrimination, xenophobia and related intolerance while implementing the United

Nations 2030 Agenda for Sustainable Development, with a view to creating better

living conditions for the most marginalized and ensuring that no one is left behind;

(k) Develop a comprehensive approach to counter violent manifestations of

racism, racial discrimination, xenophobia and related intolerance, including by

extremist political parties, movements and groups, through solid legal frameworks,

complemented by other measures such as education and awareness-raising

programmes and a victim-centred approach.

86. The Working Group recommends that:

(a) States parties that have not yet done so, consider making a declaration

under article 14 of the International Convention on the Elimination of All Forms of

Racial Discrimination on the recognition of the competence of the Committee on the

Elimination of Racial Discrimination to receive and consider communications from

individuals or groups of individuals within its jurisdiction claiming to be victims of a

violation;

(b) Governments ensure that textbooks and other educational materials

accurately reflect historical facts, as they relate to past tragedies and atrocities, so as

to avoid stereotypes and distortion or falsification of historical facts, which may lead

to racism, racial discrimination, xenophobia and related intolerance;

measures in accordance with paragraph 193 of the Durban Programme of Action for

the appointment and designation of good will ambassadors in all countries of the

world in order, inter alia, to promote respect for human rights and a culture of

tolerance and to increase the level of awareness of the scourge of racism, racial

discrimination, xenophobia and related intolerance.

B. Measures to be taken to enhance the effectiveness of the follow-up

mechanisms to the Durban Declaration and Programme of Action and

to ensure better synergy and complementarities in the work of those

mechanisms, in line with article 124 of the Outcome Document of the

Durban Review Conference

Conclusions

87. The Working Group:

(a) Recognizes the importance of the continued efforts aimed at improving

the efficiency and effectiveness of the Durban follow-up mechanisms and commits to

increasing efforts aimed at avoiding overlapping and/or duplication of initiatives;

(b) Notes that one of the follow-up mechanisms, the group of independent

eminent experts, has not been fully operational, owing to the lack of three experts, and

requests that steps be taken to expedite the appointment of those experts.

Recommendations

88. The Working Group recommends that:

The Durban follow-up mechanisms, together with the treaty monitoring bodies

and special procedures mandate holders, discuss key issues of common interest. In

that regard, the Working Group requests the Office of the United Nations High

Commission for Human Rights (OHCHR) to explore the possibility of organizing

consultations, during the annual meeting of the Chairs of the human rights treaty

bodies, between the Chairs of the Durban follow-up mechanisms and the Chairs of the

human rights treaty bodies, with the aim of developing synergies and

complementarities between those mechanisms.

C. Review of the progress achieved concerning the programme of activities

for the implementation of the International Decade for People of

African Descent

Conclusions

89. The Working Group:

(a) Recognizes that people of African descent have historically been, and

continue to be, specific victims of human rights violations;

(b) Recognizes that structural racism and discrimination occur at all stages

and levels of the administration of justice, including in legislation, law enforcement,

courts and tribunals, and detention facilities, leaving people of African descent

vulnerable to social and racial profiling and resulting in their overrepresentation in

the criminal justice system;

governments and municipalities in implementing the programme of activities for the

International Decade for People of African Descent, in promoting human rights

education and raising awareness of racism, racial discrimination, xenophobia and

related intolerance, and the importance of close cooperation between civil society and

Governments;

(d) Takes note of Human Rights Council resolution 35/30, in which the

Council requested the Working Group to include in the programme of work for its

sixteenth session a one-day meeting to consider the elaboration of a draft United

Nations declaration on the promotion and full respect of human rights of people of

African descent. In that regard, the Working Group encourages States to engage in

national and regional consultations with a view to preparing for the aforementioned

session;

(e) Takes note of Human Rights Council resolution 34/33 on the

establishment of a forum of people of African descent, in accordance with the

recommendation contained in paragraph 29 (i) of the programme of activities for the

implementation of the International Decade for People of African Descent

Recommendations

90. The Working Group recommends that Member States:

(a) Develop national policies and mechanisms for people of African descent

in line with the Durban Declaration and Programme of Action and the programme of

activities for the implementation of the International Decade for People of African

Descent. In that regard, the Working Group urges Member States, as appropriate, to

revise their legislation and/or repeal discriminatory effects therein and adopt public

policies aimed at promoting and protecting all human rights of people of African

descent, notably by recognizing the multiple forms of discrimination faced by people

of African descent;

(b) Develop and reinforce their cooperation with, and support to, civil

society organizations that work towards eliminating racism, racial discrimination,

xenophobia and related intolerance, and implement the programme of activities for

the International Decade for People of African Descent at the national, local and

municipal levels.

D. Review of the progress achieved concerning the implementation of

recommendations adopted by the Working Group at its previous

session

Conclusions

91. The Working Group:

(a) Takes note of the report of the Secretary-General concerning the

programme of activities for the implementation of the International Decade for People

of African Descent (A/71/290) and of the contributions made by Member States with

regard to their activities to combat racism, racial discrimination, xenophobia and

other related intolerance and to the implementation of the recommendations adopted

by the Working Group;

(b) Reaffirms the importance of assessing the level of implementation of its

recommendations, sharing practices and discussing challenges and the way forward.

Recommendations

92. The Working Group recommends that:

(a) OHCHR make arrangements to ensure that there is sufficient time

between the sessions of the Working Group and those of the Human Rights Council to

allow for better preparation and to ensure optimal participation. In that regard, it

requests OHCHR, after consultation with conference services at the United Nations

Office at Geneva, to propose new dates for the next session of the Working Group;

(b) Member States report on their activities to combat racism, racial

discrimination, xenophobia and related intolerance and their activities to implement

the recommendations adopted by the Working Group during its previous session in

preparation for the next session of the Working Group. In that regard, the Working

Group requests that OHCHR, when inviting Member States and other stakeholders to

contribute to the report of the Secretary-General on the theme of “A global call for

action for the total elimination of racism, racial discrimination, xenophobia and

related intolerance and the comprehensive implementation of and follow-up to the

Durban Declaration and Programme of Action”, also invite them to provide

information on the measures undertaken to implement the recommendations adopted

by the Working Group at its previous session.

E. Discussion on measures undertaken to promote more inclusive societies

Conclusions

93. The Working Group:

(a) Welcomes the efforts and contributions made by Governments,

municipalities and non-governmental actors for the promotion of more inclusive

societies, and encourages the emulation of such initiatives;

(b) Takes note in that regard of the work undertaken by various cities, as

well as networks of cities, against racism, and encourages the elaboration of codes of

conduct and action plans, such as the 10-point action plan elaborated by the European

Coalition of Cities against Racism;

the building of just, equitable, democratic and inclusive societies contributes to a

world free from racism, racial discrimination, xenophobia and related intolerance;

(d) Recognizes that the preservation and promotion of tolerance, pluralism

and respect for diversity contribute to more inclusive societies;

(e) Recognizes the importance of dialogue and exchange between and within

religious and cultural communities at national, regional or international levels as a

forum for communication, discussion, networking and the learning and sharing of

ideas and good practices to foster harmony, tolerance and coexistence in those

communities.

Recommendations

94. The Working Group recommends that:

(a) Member States adopt and implement, at both the national and

international levels, effective policies and measures, in addition to existing anti-

discrimination national legislation and relevant international instruments and

mechanisms, which encourage all individuals, institutions and civil society to take a

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

to recognize, respect and maximize the benefits of diversity within and among all

nations;

(b) Member States undertake public information and education

programmes to raise awareness and understanding of the benefits of cultural

diversity, including programmes where the public authorities work in partnership

with international and non-governmental organizations, other sectors of civil society

and the private sector;

organizations in promoting more inclusive societies;

(d) OHCHR and other relevant United Nations entities provide technical

assistance to support Governments with regard to their efforts to combat racism,

racial discrimination, xenophobia and related intolerance, at both the national and

local levels, including in cities and municipalities.

F. Training and awareness-raising for law enforcement officials and the

judiciary

Conclusions

95. The Working Group:

(a) Expresses deep concern about cases of lack of accountability for acts of

racial discrimination and violence, which result in the denial of the human rights of

the victims of such acts and violence;

(b) Recognizes the challenges of ensuring that judges and law enforcement

officials are aware of racially motivated offences and that they are able to identify the

aggravating character of racist offences;

enforcement officials and officers at the border and in detention facilities to prevent

and fight racism, racial discrimination, xenophobia and related intolerance.

Recommendations

96. The Working Group recommends that:

(a) Member States combat impunity for acts of racism, racial

discrimination, xenophobia and related intolerance, secure expeditious access to

justice and provide fair and adequate redress for victims;

(b) Member States do not resort to profiling based on grounds of

discrimination prohibited by international law, including on the grounds of race,

colour, descent or national or ethnic origin, and that they prohibit it by law;

enforcement officials, immigration and border officials and members of the judiciary

with a view to sensitizing them to racism, racial discrimination, xenophobia and

related intolerance, and to developing the necessary skills for the identification,

recording, investigation, prosecution and sanctioning of racist crimes, and for

ensuring the fair and adequate treatment of victims;

(d) National human rights institutions and civil society organizations

develop capacity-building, awareness-raising and training materials for law

enforcement officials, members of the judiciary and relevant civil servants, with a

view to preventing racism, racial discrimination, xenophobia and related intolerance

in the enforcement of the law;

(e) In that regard, OHCHR use its capacity-building framework to develop

anti-racist training tools for the use of the judiciary and law enforcement officials,

building upon existing good practices.

G. Monitoring and investigating hate speech and hate crimes

Conclusions

97. The Working Group:

(a) Recognizes that the prevalence of racist and xenophobic hate speech in

all regions of the world continues to represent a significant contemporary challenge

for human rights;

(b) Expresses deep concern about the use of new information technologies,

such as the Internet, for purposes contrary to respect for human dignity, equality,

non-discrimination, respect for others and tolerance, including propagating racism,

racial discrimination, xenophobia and related intolerance, and that, in particular,

children and youth having access to such material could be negatively influenced by

it;

enjoyment of freedom of expression;

(d) Recognizes that particular attention should be paid to women who

continue to be the victims of multiple and intersecting forms of discrimination and

hate speech;

(e) Recognizes that hate speech manifests itself in different forms and that

owing to the compound nature of hate speech and hate crime, there continues to be a

lack of statistical data, as well as underreporting, on the numbers of victims of hate

speech or on the numbers of authors of hate speech;

(f) Acknowledges that victims of hate speech and hate crime are not always

fully aware of how to assert their rights in administrative, civil or criminal procedures

and that a lack of information on their rights prevents victims from reporting hate

speech offences;

(g) Takes note of general recommendation No. 35 (2013) on combating

racist hate speech of the Committee on the Elimination of Racial Discrimination, in

particular paragraphs 13–15, which provide guidelines to Member States on the

offences punishable by law and the qualification used for dissemination and

incitement as offences punishable by law. Contextual factors that should be taken into

account are the content and form of hate speech, the economic, social and political

climate, the position or status of the speaker and the reach and objectives of the

speech;

(h) Recognizes the importance of good practices, including legislation and

initiatives taken at the national and regional level, in addressing the issue of online

hate speech, and in that connection acknowledges the policy of the European Union on

combating online hate speech, such as the code of conduct on countering illegal online

hate speech signed by Facebook, Twitter, YouTube and Microsoft, as a way to involve

IT companies and social media providers in the fight against hate speech;

(i) Recognizes the need to promote the use of new information and

communication technologies, including the Internet, to contribute to the fight against

racism, racial discrimination, xenophobia and related intolerance, as new technologies

can assist the promotion of tolerance and respect for human dignity, and the

principles of equality, non-discrimination and democracy;

(j) Recognizes that a solid legal framework should be combined with

combating the root causes of racist hate speech, including stereotypes and prejudices;

(k) Acknowledges the importance of educational activities at all levels as a

way of combating the root causes of hate speech and the necessity of using counter-

speech as a mechanism to combat hate crime.

Recommendations

98. The Working Group recommends that Member States:

(a) Effectively implement legal sanctions, in accordance with relevant

international law, to combat racist and xenophobic hate speech that incites violence or

hatred;

(b) Ensure that racist and xenophobic hate speech that incites violence or

hatred is a criminal offence, which should be brought before an independent court or

tribunal;

national human rights plans and programmes, including their national action plans

against racism, racial discrimination, xenophobia and related intolerance;

(d) Adopt immediate and effective measures, such as public awareness-

raising and education programmes, with a view to combating prejudices which lead to

hate speech, promoting understanding, tolerance and dialogue among nations and

racial, ethnic, religious and other minority groups, and promoting human rights;

(e) Engage with IT companies and social media providers to establish and

disseminate specific codes of conduct and measures against the dissemination of

messages that incite racism, racial discrimination, xenophobia and related intolerance,

and consider setting up mechanisms at the national and international levels, involving

relevant civil society organizations to assess and monitor the implementation of such

measures;

(f) Seize the opportunity of international forums, including the Permanent

Forum on Indigenous Issues, the Forum on Minority Issues, and the forum for people

of African descent, once it is operational, to engage in discussions on ways to

effectively address hate speech and to eliminate derogatory language and negative

stereotypes;

(g) Collect reliable and comparable data on hate speech and hate crime,

taking into account their compound nature, for an accurate analysis of trends and for

evidence-based policymaking to prevent such phenomena. Data collection should not

only be limited to the lodging of complaints from victims of hate speech, but should

also provide for perceptions of victims and their experiences, in particular of those

who are hesitant to file a complaint.

H. Migrants and refugees: protection against racism, racial discrimination,

xenophobia and related intolerance

Conclusions

99. The Working Group:

(a) Acknowledges that migration occurs on a cross-regional, as well as

intraregional basis;

(b) Acknowledges the positive economic, social and cultural contributions

made by migrants to countries of both origin and destination;

and intersecting forms of discrimination, especially racism, racial discrimination,

xenophobia and related intolerance, and encourages international organizations,

academic institutions, Member States and civil society to carry out further studies in

that regard;

(d) Acknowledges that rising violence against migrants, refugees and asylum

seekers poses a serious threat to social cohesion and is often linked to racism, racial

discrimination, xenophobia and related intolerance;

(e) Acknowledges that xenophobia about non-nationals, particularly

migrants, refugees and asylum seekers, constitutes one of the main sources of

contemporary racism, and that human rights violations against members of such

groups occur widely in the context of discriminatory, xenophobic and racist practices;

(f) Acknowledges that certain media, by promoting false images and

negative stereotypes of vulnerable individuals or groups of individuals, particularly

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;

(g) Acknowledges that migrants, refugees and asylum seekers are entitled to

human rights and fundamental freedoms in accordance with international human

rights law and relevant international instruments;

(h) Reaffirms that Member States are under an obligation to protect fully

and effectively the human rights of all migrants, regardless of their migration status,

consistent with their obligations under international law;

(i) Further reaffirms that States should protect migrants and refugees from

all forms of discrimination, exploitation and violence, regardless of their race, colour,

sex, language, religion, political or other opinion, national or social origin, property,

birth or other status, their motives for seeking to cross international borders, or the

circumstances in which they have travelled or are found. States should ensure that

they protect migrants from multiple and intersecting forms of discrimination

throughout their migration.

Recommendations

100. The Working Group recommends that Member States:

(a) Manage large movements of refugees and migrants in a humane,

sensitive, compassionate and people-centred manner, acknowledging a shared

responsibility in that respect;

(b) Consider acceding to or ratifying the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families;

Nations conventions, including the Discrimination (Employment and Occupation)

Convention, 1958 (No. 111), the International Convention on the Elimination of All

Forms of Racial Discrimination and the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families, implement their

obligations in that regard;

(d) Repeal or amend all laws or measures that may give rise to

discrimination against migrants, including direct and indirect discrimination based on

multiple grounds;

(e) Provide specific and tailored protection to vulnerable groups of refugees

and migrants in vulnerable situations, in particular minors, and put in place

institutional frameworks and laws that effectively protect women and children

migrants;

(f) Condemn and take effective measures to counter all acts, manifestations

and expressions of racism, racial discrimination, xenophobia and related intolerance

against migrants and refugees, and the negative or derogatory stereotypes that incite

hatred of and violence against them, including through accessible complaint

mechanisms, holding perpetrators accountable and ensuring effective remedies;

(g) Promote education on the human rights of migrants and engage in

information campaigns to ensure that the public receives accurate information

regarding migrants and migration issues, including the positive contribution of

migrants to the host society and the vulnerability of migrants, particularly those who

are in an irregular situation;

(h) Design and implement awareness-raising campaigns and activities on

migration aimed at preventing and eliminating negative perceptions of migrants, with

particular emphasis on the promotion of intercultural dialogue and the values of

solidarity, respect, tolerance and multiculturalism;

(i) Implement specific measures involving the host community and

migrants, in order to encourage respect for cultural diversity, promote the fair

treatment of migrants and develop programmes, where appropriate, that facilitate

their integration into social, cultural, political and economic life, including measures

that address the specific needs and vulnerabilities of migrants, in particular with

regard to access to justice, health, education, housing and employment, in accordance

with their obligations under international law and their commitments under the

Durban Declaration and Programme of Action;

(j) Create or strengthen independent institutions and mechanisms,

including specialized national bodies such as national human rights institutions or

ombudspersons, to monitor and report on discrimination against migrants. Such

mechanisms that have relevant mandates should consider the intersection of

migration with their areas of focus;

(k) Include in their national action plans against racism provisions for the

protection of migrants in cooperation with employers, trade unions and civil society,

and ensure their implementation;

(l) Engage with employers, trade unions, politicians, religious leaders and

civil society to take action to address racism, racial discrimination, xenophobia and

related intolerance in relation to migrants.

101. The Working Group recommends that:

(a) OHCHR, in coordination with relevant international organizations,

collect good practices on addressing racism, racial discrimination, xenophobia and

related intolerance within the context of migration, and broadly disseminate them;

(b) ILO, IOM, OHCHR, the United Nations Development Programme,

UNESCO, the Office of the United Nations High Commissioner for Refugees, the

United Nations Children’s Fund, the United Nations Entity for Gender Equality and

the Empowerment of Women and all other relevant international, regional,

interregional and subregional organizations take further action regarding racism,

racial discrimination, xenophobia and related intolerance linked to migration, in

accordance with their mandates;

positive images of migrants and refugees.

Annex I

List of attendance

Member States

Algeria, Argentina, Belgium, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,

China, Colombia, Congo, Cuba, Czechia, Dominican Republic, Finland, France, Greece,

Guatemala, Haiti, Iran (Islamic Republic of), Italy, Japan, Kenya, Kuwait, Latvia, Libya,

Luxembourg, Malaysia, Mexico, Morocco, Namibia, Pakistan, Panama, Peru, Portugal,

Qatar, Russian Federation, Rwanda, Sierra Leone, Slovakia, South Africa, Syrian Arab

Republic, Tajikistan, Ukraine, United Kingdom of Great Britain and Northern Ireland,

United States of America, Uruguay, Venezuela (Bolivarian Republic of), Zimbabwe

Non-Member States represented by observers

Holy See, State of Palestine

Intergovernmental organizations

African Union

European Union

Organization of Islamic Cooperation

Non-governmental organizations in consultative status with the

Economic and Social Council

Commission africaine des promoteurs de la santé et des droits de l’homme

Arab Commission for Human Rights

Baha’i International Community

International Youth and Student Movement for the United Nations

Rencontre africaine pour la défense des droits de l’homme