| United Nations | A/RES/38/14 |
General Assembly
Distr. GENERAL
22 November 1983
ORIGINAL:
ENGLISH
A/RES/38/14
22 November 1983
66th plenary meeting
Second Decade to Combat Racism and Racial Discrimination
The General Assembly,
Reaffirming its objective contained in the Charter of the United Nations
to achieve international co-operation in solving international problems of an
economic, social, cultural or humanitarian character, and in promoting and
encouraging respect for human rights and fundamental freedoms for all without
distinction as to race, sex, language or religion,
Reaffirming its firm determination and its commitment to eradicate
totally and unconditionally racism in all its forms, racial discrimination and
apartheid,
Recalling the Universal Declaration of Human Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
International Convention on the Suppression and Punishment of the Crime of
Apartheid, the Convention on the Elimination of All Forms of Discrimination
against Women and the Convention against Discrimination in Education,
adopted by the United Nations Educational, Scientific and Cultural
Organization on 14 December 1960,
Recalling further its resolution 3057 (XXVIII) of 2 November 1973, on the
first Decade for Action to Combat Racism and Racial Discrimination,
Emphasizing the necessity of attaining the objectives of the Decade,
Recalling the first World Conference to Combat Racism and Racial
Discrimination, held at Geneva from 14 to 25 August 1978,
Noting that the Second World Conference to Combat Racism and Racial
Discrimination was held at Geneva from 1 to 12 August 1983 pursuant to General
Assembly resolution 37/41 of 3 December 1982,
Convinced that the Second World Conference represented a positive
contribution by the international community towards attaining the objectives
of the Decade, through its adoption of a Declaration and an operational
Programme of Action,
Having considered the report of the Second World Conference to Combat
Racism and Racial Discrimination,
Noting with concern that, despite the efforts of the international
community, the Decade for Action to Combat Racism and Racial Discrimination
has not attained its principal objectives and that millions of human beings
continue to this day to be the victims of varied forms of racism and of racial
discrimination,
Convinced of the need to take continuing and reinforced international
measures for the elimination of racism and racial discrimination and the total
eradication of apartheid in South Africa,
Noting that, in order to attain these objectives, it is imperative, in
accordance with the recommendation of the Second World Conference, to
declare a second decade at the end of the present Decade, which expires in
December 1983,
1. Proclaims the ten-year period beginning on 10 December 1983 as the
Second Decade to Combat Racism and Racial Discrimination;
2. Takes note of the results of the Second World Conference to Combat
Racism and Racial Discrimination contained in the report of the Conference;
3. Approves the Programme of Action for the Second Decade to Combat
Racism and Racial Discrimination, which is annexed to the present resolution,
and calls upon all States to co-operate in its implementation;
4. Requests the Economic and Social Council to take charge, with the
help of the Secretary-General, of co-ordinating the implementation of the
Programme of Action and of evaluating the activities undertaken during the
Second Decade;
5. Requests the Secretary-General to submit to the General Assembly at
its thirty-ninth session, through the Economic and Social Council, a plan of
activities for the period 1985-1989 for implementing the Programme of Action
and achieving the objectives of the Second Decade, taking into account the
Programme for the Decade for Action to Combat Racism and Racial
Discrimination;
6. Decides to consider at its thirty-ninth session the plan of
activities for the period 1985-1989 to be submitted by the Secretary-General;
7. Decides further that the Programme for the first Decade should
continue to be applied and implemented until the plan of activities for the
period 1985-1989 is adopted;
8. Invites Governments, United Nations bodies, the specialized agencies
and other intergovernmental organizations, as well as interested
non-governmental organizations in consultative status with the Economic and
Social Council, to participate in the celebration of the Second Decade by
intensifying and extending their efforts to ensure the rapid elimination of
racism and racial discrimination;
9. Decides to consider on an annual basis an item entitled
"Implementation of the Programme of Action for the Second Decade to Combat
Racism and Racial Discrimination".
ANNEX
Programme of Action for the Second Decade to Combat
Racism and Racial Discrimination
A. Action to combat apartheid
1. The Conference calls upon all States, United Nations organs and
intergovernmental and non-governmental organizations to ensure the full and
universal implementation of mandatory Security Council resolutions and to make
efforts to implement other United Nations resolutions. Particular attention
should be paid to specific measures, including those contained in the present
Programme of Action, designed to ensure the implementation of the provisions
relating to apartheid.
2. The Conference reaffirms that the system of apartheid in South Africa is
the most extreme form of institutionalized racism, a crime against humanity
and an affront to the conscience and dignity of mankind, and that South
Africa's policies and practices constitute serious breaches of and threats to
regional stability and to international peace and security. The Conference
calls upon all States, international organizations, private institutions and
non-governmental organizations
to render increased political and material assistance to the oppressed peoples
of South Africa and Namibia, and to accelerate greatly campaigns for obtaining
the release of all political prisoners imprisoned for their activities against
apartheid.
3. The Conference further reaffirms the legitimacy of the struggle of the
oppressed peoples of South Africa and Namibia and their national liberation
movements for the elimination of apartheid by all available means, including
armed struggle, and the special responsibility of the United Nations and the
international community to provide them with moral, political and material
assistance in the realization of their quest to exercise their right to self-
determination.
4. The Conference reiterates the commitment of the United Nations to the
total eradication of apartheid and to the establishment of a democratic
society in which all the people of South Africa as a whole, irrespective of
race, colour, sex or creed, will enjoy equal and full human rights and
fundamental freedoms and participate freely in the determination of their
destiny.
5. The Conference reaffirms the international community's rejection of the
"bantustanization" policy and similar measures which are an integral part of
the discriminatory apartheid system and which deny the black majority their
legitimate rights to their land and to their citizenship of South Africa.
6. The Conference further confirms the international community's rejection
of the regime's so-called reforms, especially the limited parliamentary
representation for the Coloureds and Asians designed to split the black
alliance and buttress the apartheid system.
7. The Conference calls upon all States to implement strictly the embargo on
the sale and transfer of arms and related military materials imposed against
South Africa under Security Council resolution 418 (1977) of 4 November 1977.
The Conference further urges the Security Council to adopt urgent measures to
strengthen the arms embargo, in accordance with the recommendations of the
Council's committee established under its resolution 421 (1977) of 9 December
1977.
8. The Conference calls upon the Security Council to consider urgently the
imposition of mandatory sanctions, under Chapter VII of the Charter of the
United Nations, against the apartheid regime of South Africa, and in
particular:
(a) The cessation of all collaboration with South Africa in the nuclear
field, as such collaboration would enhance South Africa's capacity to develop
nuclear weapons;
(b) The prohibition of all technological assistance or collaboration in
the manufacture of arms in South Africa and the provision of military supplies
to South Africa;
(c) The cessation of foreign investments in, and financial loans to,
South Africa;
(d) An embargo on the supply of petroleum, petroleum products, and other
strategic commodities that would enable South Africa to continue implementing
its apartheid policy;
(e) The interruption of trade relations with South Africa.
9. The Conference strongly condemns the racist regime of South Africa for
its systematic oppression of and discrimination against the overwhelming
majority of the population of South Africa and for its continuing illegal
occupation of Namibia. The Conference also condemns acts of military
aggression and acts of political and economic destabilization perpetrated by
South Africa against the independent neighbouring States of Angola, Botswana,
Lesotho, Mozambique, the Seychelles, Swaziland, Zambia and Zimbabwe, as well
as South Africa's activities to recruit, train, finance and arm mercenaries
for aggression against and destabilization of the neighbouring States,
creating instability in this part of the world.
10. The Conference calls for increased international assistance and support
to the front-line States and other independent States in the subregion that
are subjected to threats and acts of aggression and destabilization by the
apartheid regime of South Africa, in order to enable them to strengthen their
defence capacity, defend their sovereignty and territorial integrity, fight
the adverse South African and other propaganda that undermines racial harmony
and peace in the subregion, and peacefully rebuild and develop their
countries.
11. The Conference calls upon States to sever all sporting, cultural and
scientific links with the racist regime and with organizations or institutions
in South Africa which practise apartheid, and to discourage their nationals
from having any such contacts.
12. The Conference calls upon all States that have not yet done so:
(a) To refrain from any relations with the apartheid regime which could
contribute to the continuance of the apartheid policy;
(b) To discourage or prevent all business enterprises, including
transnational corporations, in so far as they are under their jurisdiction or
control, from collaborating in any way with the racist regime of South Africa,
as such collaboration may contribute towards the continuance of its apartheid
policy.
13. The Conference, reaffirming the direct responsibility of the United
Nations for Namibia pending its achievement of genuine self-determination,
national independence and territorial integrity, demands the immediate and
unconditional implementation of Security Council resolution 435 (1978) of 29
September 1978 and calls upon all States, intergovernmental organizations,
private institutions and non-governmental organizations to make an active
contribution to this aim. The Conference further calls upon all Governments
and transnational corporations to implement Decree No. 1 for the Protection of
the Natural Resources of Namibia, enacted by the United Nations Council for
Namibia on 27 September 1974, and also calls for the implementation of the
measures referred to in General Assembly resolution 37/233 C of 20 December
1982 on Namibia.
14. The Conference calls upon all States, intergovernmental organizations,
private institutions and non-governmental organizations to continue to take
all necessary measures to ensure the termination of all economic and financial
collaboration with the racist regime of South Africa, as such assistance will
contribute to the continuance of the policies of apartheid, and to refrain
from taking any action that might imply recognition of or support for the
illegal occupation of the Namibian territory by that regime. In this
connection, the Conference cautions against unilateral attempts to relax the
application of the sanctions already imposed by the Security Council.
15. The Conference urges the World Bank and the International Monetary Fund,
as well as similar institutions, to refrain from extending any credits to the
racist regime of South Africa.
B. Education, teaching and training
16. The Conference calls upon all States to use effectively education,
teaching and training to create a favourable atmosphere for the eradication of
racism and racial discrimination. These media should serve as channels for
exposing the myths and fallacies of theories, philosophies, ideas and
attitudes that are inherent in discriminatory actions based on differences of
race, colour, descent and national or ethnic origin. It is imperative for all
States to apply strictly the principle of non-discrimination and equality in
the matter of education as set forth in the Convention against Discrimination
in Education, adopted by the United Nations Educational, Scientific and
Cultural Organization. The Conference invites States:
(a) To examine history, geography and social studies textbooks with a
view to correcting any erroneous assessment of historical and social data, or
their unbalanced presentation, which could give rise to racial prejudice;
(b) To ensure that teachers are made conscious of the degree to which
they may reflect the prejudices of their society and are instructed to avoid
such prejudices;
(c) To provide adequate opportunities in schools and institutions of
higher learning for the study of the activities of the United Nations in
combating racism, racial discrimination and apartheid;
(d) To provide pupils and students at all levels with access to
literature and documentation on racism, racial discrimination and apartheid;
(e) To ensure that the composition of the teaching staff of institutions
reflects, as far as possible, the racial and ethnic composition of the
community; affirmative action programmes should be instituted to facilitate
the hiring of teachers who represent the racial, ethnic and linguistic
composition of the community;
(f) To make available the resources of schools and of teaching and
training facilities to persons belonging to all population groups;
(g) To take remedial measures in instances where particular racial,
ethnic, linguistic or other groups have had a history of being placed at a
disadvantage because of their origin and where such a situation has
contributed to a lower level of education and a lower standard of living for
persons belonging to various population groups; this is the responsibility of
society. It might necessitate special educational programmes at all levels of
the society;
(h) To make law enforcement agents aware in their training of the
possibility that they may reflect the prejudices of their society;
(i) To ensure that school curricula promote a dialogue between persons
belonging to the various groups of the society; the curricula should be
responsive to the needs and backgrounds of all these persons and foster, where
possible, an interchange of cultural experience; in this regard, persons
belonging to minority ethnic and racial groups should be allowed to introduce
students to the practices and values of the respective cultures; efforts
should also be made to allow the topic of human rights to permeate the
curricula.
17. National institutions should inform the general public of the nature of
their human rights as provided for in the existing international instruments
directed towards combating racism, racial discrimination and apartheid, as
well as in other instruments based on the principles contained in the
Universal Declaration of Human Rights or as otherwise covered in national
legislation. The general public should be advised by the national
institutions on the means of enforcing their rights in accordance with
national law. National institutions should ensure that persons are made aware
of their own rights and those of others and should assist them in the matter
of protecting and enforcing their rights. These institutions should mobilize
public opinion in their countries against violations of human rights,
especially gross and massive violations, in particular against the practice of
apartheid, racism and genocide.
18. One of the fundamental objectives of programmes of education and
scientific research undertaken in national institutions should be the
elimination of racial discrimination and prejudice.
19. It is imperative that all States apply strictly the principle of
non-discrimination and equality in the matter of education and adhere to the
principles set forth in the Convention against Discrimination in Education.
It is important that the right to enter any school should be guaranteed to
every child. The availability of special or supplementary education for
children belonging to disadvantaged racial and ethnic groups may be
appropriate in some cases for their development.
20. International agencies such as the United Nations Educational, Scientific
and Cultural Organization should continue their work in the field of human
rights education and promote such programmes on a continuing basis as
guidelines for textbook analysis, teacher training, curriculum development and
other undertakings and, in particular, should develop materials explaining how
discrimination inherent in the system and institutionalized can be addressed
through remedial programmes such as affirmative action plans.
21. As was recommended by the International Conference on Apartheid and
Health, held at Brazzaville from 16 to 20 November 1981, the World Health
Organization should continue to implement the Plan of Action in favour of the
victims of apartheid, in particular in the fields of health, education and
training.
C. Dissemination of information and the role of the mass
media in combating racism and racial discrimination
22. The mass media should play a vital role in disseminating information on
methods and techniques used in combating racism, racial discrimination and
apartheid. Taking into account the Declaration on fundamental principles
concerning the contribution of the mass media to strengthening peace and
international understanding, to the promotion of human rights and countering
racialism, apartheid and incitement to war, adopted by the United Nations
Educational, Scientific and Cultural Organization on 28 November 1978, the
mass media should regard it as their task, by disseminating information on the
aims, aspirations, cultures and needs of all peoples, to contribute to
eliminating ignorance and misunderstanding between peoples, to making
nationals of a country sensitive to the needs and desires of others, to
ensuring respect for the rights and dignity of all nations, all peoples and
all individuals without distinction as to race, sex, language, religion or
nationality and in that way to contribute to protecting them against the
influence of any propaganda supporting racism and racist regimes.
23. The mass media should contribute to making the peoples more aware of the
close link between the struggle against apartheid and all forms of racism and
racial discrimination and the struggle for international peace and security,
in conformity with the provisions of the above-mentioned Declaration.
24. Lack of self-expression through the mass media for persons belonging to
racial and ethnic minorities in society can often cause the mass media to
become one-sided or distorted. Media of all kinds - radio, television, films,
the press, advertising, booklets and public meetings - as well as traditional
forms such as drama and story-telling could play a vital role.
25. Events and activities aimed at combating racism and racial discrimination
should be given broad coverage by the media. Mention may be made of such
activities as the coverage of conferences, seminars, workshops and
round-tables, as well as of meetings of United Nations organs dealing with a
particular question, and the publication and wide distribution of pertinent
resolutions and decisions of such bodies. Success stories in combating racial
discrimination through legislation, executive action or community action
programmes should be given publicity, and the negative and evil side of racism
and racial discrimination highlighted. Comic strips, films and magazines for
children and adults should be screened with a view to eliminating any form of
racial stereotyping, whether favourable or unfavourable. Events having a
racial aspect should be presented in their economic and social, cultural and
political context; they should not be treated as mere news items.
26. The negative and positive influences exercised by the media in their role
as information-conveyors, entertainers, educators and advertisers should be
studied. In addition, the media should seek to raise public consciousness
about the positive roles and achievements of racial and ethnic groups from all
walks of life throughout history. Efforts should be made to produce radio and
television programmes depicting the evils of racial discrimination in a vivid
way - for example, by illustrating the plight of individual victims of racial
discrimination. Such audio and visual presentations are likely to have great
impact, particularly in areas where literacy is not widespread.
27. There should be adequate opportunity within the mass media for persons
belonging to groups which are victims of discrimination to express their own
points of view, particularly by producing programmes or reports themselves.
In addition, persons belonging to such groups should have equal access to the
professions within the mass media, especially journalism.
28. National institutions should publicize widely basic texts on the
elimination of racism, racial discrimination and apartheid, as well as other
human rights texts.
D. Measures for the promotion and protection of the human rights
of persons belonging to minority groups, indigenous populations
and peoples and migrant workers who are subjected to racial
discrimination
29. Throughout the various regions of the world there is a diversity of
peoples, cultures, traditions and religions that encompasses, in many
instances, various minority groups. There is a need for constant effort and
continued vigilance on the part of all Governments to obviate any form of
discrimination based on race, colour, descent or national or ethnic origin, in
accordance with article 1 of the International Convention on the Elimination
of All Forms of Racial Discrimination.
30. National and local institutions, as adapted to the needs and conditions
of each country, can play an important role in the promotion and protection of
human rights, in the prevention of discrimination and the protection of the
rights of persons belonging to national and ethnic minorities, of indigenous
populations and of refugees. Such national and local institutions could be of
varying types, including judicial, administrative, conciliatory, social and
educational. Any or all of these types of institutions could be utilized by
individual countries according to their own circumstances and needs.
31. In the area of legislation, Governments should abolish and prohibit any
discrimination within their jurisdiction. Such legislation should seek to
promote and protect the human rights of persons belonging to minority groups,
in accordance with the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination and
other relevant international instruments. Persons belonging to minorities
should enjoy all human rights and fundamental freedoms without any
discrimination as to national or ethnic origin, language, religion or sex.
32. Governments should create favourable conditions and take measures that
will enable persons belonging to national or ethnic minorities within their
jurisdiction to express their characteristics freely and to develop their
education, culture, language, traditions and customs and to participate on a
non-discriminatory and equitable basis in the cultural, social, economic and
political life of the country in which they live. In maintaining their
culture and traditions such persons should be in a position to develop the
necessary contacts inside and outside their country, with due respect for the
sovereignty, territorial integrity and political independence of the States
concerned and for the principle of non-interference by one State in the
internal affairs of another State.
33. States should undertake to combat the causes of inter-group antagonism by
adopting concrete measures designed to promote understanding, co-operation and
harmonious relations among members of population groups. Where tension and
friction exist, their elimination cannot be achieved if the realities of
political, economic, cultural, religious and linguistic differences between
the various components of the society concerned are not taken into account.
34. With respect to indigenous populations, Governments should recognize and
respect the basic rights of such populations:
(a) To call themselves by their proper name and to express freely their
own identity;
(b) To have official status and to form their own representative
organizations;
(c) To maintain within the areas where they live their traditional
economic structure and way of life; this should in no way affect their right
to participate freely on an equal basis in the economic, social and political
development of the country;
(d) To maintain and use their own language, wherever possible, for
administration and education;
(e) To enjoy freedom of religion or belief;
(f) To have access to land and natural resources, particularly in the
light of the fundamental importance of rights to land and natural resources to
their traditions and aspirations;
(g) To structure, conduct and control their own educational systems.
35. Indigenous populations should be free to manage their own affairs to the
fullest practicable extent, and should be consulted in all matters concerning
their interests and welfare, wherever possible through formal consultative
arrangements. Special measures should be taken to remedy past dispossession,
dispersal and systematic discrimination.
36. Funds should be made available by the national authorities for
investments, the uses of which are to be determined with the participation of
the indigenous populations themselves, in the economic life of the areas
concerned, as well as in all spheres of cultural activity.
37. Governments should allow indigenous populations within their territories
to develop cultural and social links with related or similar populations,
taking into account the important role of international organizations or
associations of indigenous populations, and with due respect for the
sovereignty, territorial integrity and political independence of those
countries in which indigenous populations live.
38. The Conference further urges States to facilitate and support the
establishment of representative non-governmental international organizations
for indigenous populations, through which they can share experiences and
promote common interests. The Sub-Commission on Prevention of Discrimination
and Protection of Minorities should ensure that the urgent work being carried
out by its Working Group on Indigenous Populations is continued so that the
complex issues involved can be analysed and appropriate measures taken at the
international and national levels.
39. In view of the vulnerability of indigenous populations to discrimination
and violations of their human rights, and of the gravity of the threat faced
by indigenous populations in some parts of the world, Governments should pay
close attention to situations in which the rights of indigenous populations
may be violated or denied, in order to prevent such violations, which should
be widely publicized as soon as they are detected.
40. States receiving migrant workers should eliminate all discriminatory
practices against such workers and their families by giving them treatment no
less favourable than that accorded to their own nationals. Host countries
should eliminate from their legislation any type of legal or other provisions
which may discriminate against migrant workers on the basis of their
nationality. This should pertain, inter alia, to vocational training, the
type of posts that migrants may occupy, the type of contracts accorded to
migrant workers, their right to seek employment in any part of the country,
regulations governing working conditions, trade-union activity and access to
judicial and administrative tribunals to air grievances concerning
discrimination. With a view to combating xenophobia, host countries should
develop information campaigns in order to disseminate the idea of equality
between nationals and migrant workers.
41. The following measures could also be undertaken by Governments to protect
the rights of migrant workers:
(a) The General Assembly should complete, as soon as possible, the
elaboration of an international convention on the protection of the rights of
all migrant workers and their families; the Conference considers that the
conclusion of this convention by the United Nations would constitute an
important contribution to its endeavours to protect fundamental human rights,
because the convention would be added to the other instruments protecting
these rights; the Conference recommends, pending the conclusions of the
above-mentioned convention, that a joint consultative mechanism should be
established in host countries with a view to contributing to good relations
and mutual understanding;
(b) States should ratify, accede to and implement the international
instruments aimed at protecting migrant workers from discrimination, including
the relevant conventions of the International Labour Organisation;
(c) Migrant workers and members of their families should have the same
rights as nationals of the State concerned as regards access to and treatment
by the courts and tribunals;
(d) All migrant workers should enjoy treatment no less favourable than
that accorded to nationals of the host State in respect of remuneration;
(e) Migrant workers should be ensured equal treatment with national
workers in the field of social security, including the right to a retirement
pension and similar social rights, while they have lawful residence in the
host country;
(f) Host countries should be invited to co-operate with countries of
origin to provide migrant workers and their families with the necessary
facilities in the fields of education and information to safeguard their
cultural identity;
(g) The children of migrant workers should be enabled to receive
education in their mother tongue and on different aspects of their cultural
heritage with a view to preserving their national identity;
(h) The State of origin and the State of employment should co-operate,
as far as possible, with a view to helping to create new job opportunities for
migrant workers returning to the State of origin.
E. Recourse procedures for victims of racial discrimination
42. The Conference invites States to take into account, within their domestic
recourse procedures, the following considerations:
(a) Access to such procedures should be as broad as possible;
(b) Existing recourse procedures should be publicized within their
respective jurisdictions, and victims of racial discrimination should be
assisted in utilizing the procedures where appropriate;
(c) In each jurisdiction the rules relating to the initiation of
complaints should be made simple and flexible and capable of being entertained
in the language of the complainant;
(d) Complaints of racial discrimination should be dealt with as
expeditiously as possible and there should be a reasonable time-limit with
regard to the length of investigations;
(e) Indigent victims of racial discrimination should receive legal aid
and assistance in prosecuting their complaint in civil or criminal
proceedings, with the help of an interpreter when necessary.
43. Victims of racial discrimination should have the right to seek from
tribunals just and adequate reparation or satisfaction for any damage suffered
as a result of such discrimination.
F. Implementation of the International Convention on the
Elimination of All Forms of Racial Discrimination and
other related international instruments
44. The Conference urges States which have not yet become parties to the
International Convention on the Elimination of All Forms of Racial
Discrimination to do so as part of their contribution to the objectives of
the Decade for Action to Combat Racism and Racial Discrimination and until
such States ratify the Convention they should utilize its provisions as
guidelines in combating racial discrimination and in securing the realization
of the principles of equality at both the national and international levels.
The Conference calls upon States parties to the Convention to consider the
possibility of making the Declaration provided for in article 14 of the
Convention.
45. Those States should enact, as a matter of the highest priority,
appropriate legislation and other suitable measures to prohibit and bring to
an end racial discrimination, to abrogate, amend, rescind or nullify any
policies or regulations that have the effect of creating or perpetuating
racial hatred and to declare the dissemination of ideas based on racial
superiority and hatred to be an offence punishable by law, taking duly into
account the provisions of the International Convention on the Elimination of
All Forms of Racial Discrimination.
46. The Conference also appeals to States which have not yet done so to
consider ratifying or acceding to as soon as possible other relevant
international instruments adopted under the aegis of the United Nations and of
the specialized agencies, such as the Convention on the Prevention and
Punishment of the Crime of Genocide, 13 the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil
and Political Rights, the Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes against Humanity, the International
Convention on the Suppression and Punishment of the Crime of Apartheid, the
Convention concerning Discrimination in Respect of Employment and Occupation
adopted by the International Labour Organisation on 25 June 1958, the
Convention against Discrimination in Education adopted by the United Nations
Educational, Scientific and Cultural Organization and the Convention on the
Elimination of All Forms of Discrimination against Women; States are urged
to comply with the reporting requirements called for by the relevant
conventions.
G. National legislation and institutions
47. The Conference suggests that States that have not already done so should
consider the urgent enactment, as a matter of the highest priority, of
appropriate legislation and other suitable measures to prohibit and bring to
an end racial discrimination, to abrogate, amend, rescind or nullify any
policies or regulations that have the effect of creating or perpetuating
racial hatred and, with due regard to the principles embodied in the Universal
Declaration of Human Rights, the United Nations Declaration on the
Elimination of All Forms of Racial Discrimination, the Declaration on
Fundamental Principles concerning the Contribution of the Mass Media to
Strengthening Peace and International Understanding, to the Promotion of Human
Rights and to Countering Racialism, Apartheid and Incitement to War, the
Declaration on Race and Racial Prejudice adopted by the United Nations
Educational, Scientific and Cultural Organization on 27 November 1978, and
the rights set forth in the International Convention on the Elimination of All
Forms of Racial Discrimination, to declare the dissemination of ideas based
on racial superiority and hatred to be an offence punishable by law.
48. The Conference calls upon all States that have not yet done so to take
effective legislative and other measures, including in the field of penal law,
to prevent the recruitment, use, financing and training, transit and transport
of mercenaries, in particular when they are aimed at assisting racist regimes,
and to punish such mercenaries as common criminals. The Conference urges the
Ad Hoc Committee on the Drafting of an International Convention Against the
Recruitment, Use, Financing and Training of Mercenaries, established by the
General Assembly at its thirty-fifth session, to complete, as soon as
possible, the draft international convention.
49. The Conference urges all States to adopt strict legislation to declare
any dissemination of ideas based on racial superiority or hatred to be an
offence punishable by law and to prohibit organizations based on racial
prejudice and hatred, including neo-Nazi and Fascist organizations, and
private clubs and institutions established on the basis of racial criteria or
propagating ideas of racial discrimination and apartheid.
50. With regard to national legislation, the Conference recommends that:
(a) Governments, where necessary, should guarantee non-discrimination on
grounds of race and equal rights for all individuals in their constitutions
and legislation;
(b) Governments, where necessary, should undertake to review and update
all national legislation and remove from it any discriminatory provisions;
(c) Legislation should be consistent with international standards
embodied in relevant international instruments;
(d) Victims of discrimination should be informed and advised of their
rights, by all possible means, and given assistance in securing those rights;
(e) Governments should, where necessary, establish appropriate and
effective mechanisms, including conciliation and mediation procedures and
national commissions, to ensure that such legislation is enforced effectively,
and thereby to promote equality of opportunity and good race relations.
51. A system of regular review and appraisal should be continued to enable
Member States, all organizations of the United Nations system, including
relevant regional bodies and non-governmental organizations, to assess the
measures taken towards achieving the aims and objectives of the Decade.
52. Within the framework of their national legislation and policy, and
according to their means, States should set up national institutions for the
promotion and protection of human rights. Those institutions should study
legal developments and review the laws and policies of the Government with a
view to ensuring the elimination of all discriminatory laws, prejudices and
practices based on race, sex, colour, descent and national and ethnic origin.
H. Seminars and studies
53. The Conference recommends that, in the context of future activities to
combat racism and racial discrimination, consideration should be given to the
organization of international and regional seminars on such subjects as:
(a) Political, historical, economic, social and cultural factors leading
to racism, racial discrimination and apartheid;
(b) International assistance and support to peoples and movements
struggling against colonialism, racism, racial discrimination and apartheid;
(c) Ways and means of denying support to racist regimes with a view to
making them change their policies;
(d) The historical and current dimensions of tribalism;
(e) Main obstacles to the full eradication of racism, racial
discrimination and apartheid;
(f) The human rights of persons belonging to ethnic groups in countries
of immigration;
(g) Equality of treatment for persons belonging to ethnic and racial
minorities and disadvantaged groups, such as indigenous populations;
(h) Community relations commissions and their functions.
54. The Conference also recommends that studies should be continued regarding
ways and means of ensuring implementation of United Nations resolutions on
apartheid, racism and racial discrimination. In particular, the Conference
strongly encourages the United Nations Institute for Training and Research to
continue to research, study and conduct seminars on racism and racial
discrimination.
I. Action by non-governmental organizations
55. By virtue of their independent status, non-governmental organizations,
individually and collectively, have an important contribution to make to the
achievement of the objectives of the Decade for Action to Combat Racism and
Racial Discrimination. Through various activities sponsored by them,
non-governmental organizations can be effective in identifying and publicizing
areas of racial discrimination which otherwise might not come to light, and in
helping to create greater practical understanding among young people of the
importance of actively combating all forms of discrimination, in their own
countries as well as in the international community.
56. Non-governmental organizations have the opportunity to create and sustain
awareness among their members and in society at large of the evils of racism
and racial discrimination. Such awareness can be transmitted from a national
to an international organization with all the added benefits of the concrete
experience of a particular country. Governments should therefore ensure that
non-governmental organizations shall be enabled to function freely and openly
within their societies and thus make an effective contribution to the
elimination of racism and racial discrimination throughout the world.
J. International co-operation
57. In order to obtain the full promotion and protection of the human rights
of individuals and peoples, it is necessary to intensify national, regional
and international action aimed at combating and eliminating the causes of the
policies and practices of racism, racial discrimination and apartheid.
58. The Conference underlines that the maintenance and strengthening of
international co-operation and peace, the implementation of human rights and
the combating of apartheid and racial discrimination are clearly linked. In
order to improve mutual understanding among peoples, exchange visits should be
increased and educational, cultural and scientific exchange programmes should
be expanded. The free flow of information and ideas with respect to combating
racism and racial discrimination should be ensured. The Conference calls on
States to exchange information and ideas with respect to combating racism and
racial discrimination.
59. The Conference calls upon the World Conference to Review and Appraise the
Achievements of the United Nations Decade for Women, to be held in 1985, to
contribute to the struggle against racism, racial discrimination and apartheid
by recommending the adoption of measures aimed at ensuring the active
participation of women in the struggle against those evils.
60. The Conference recommends that, in the context of International Youth
Year, in 1985, the United Nations and the specialized agencies should
undertake activities to encourage the effective contribution of youth to the
struggle against racism, racial discrimination and apartheid.
61. The Conference calls upon all Governments and international organizations
to make every effort to change the economic, political and social conditions
on which policies and practices of racism, racial discrimination and apartheid
are based and to give all their support to the victims of racism, racial
discrimination and apartheid, and declares that the struggle against the
remnants of colonialism and support of the liberation movements recognized by
the regional organizations are worthy of particular attention.
62. Article 28 of the Universal Declaration of Human Rights establishes
that everyone is entitled to a social and international order in which the
rights and freedoms set forth in the Declaration can be fully realized. For
this purpose, it is necessary to work for the establishment of a just and fair
international order. The establishment of a new international economic order
would be an important means of combating the causes which generate racism and
racial discrimination.
63. The national, regional and international action to combat and eliminate
the causes of the policies and practices of racism, racial discrimination and
apartheid should include measures aimed at improving the conditions of life of
peoples and individuals in the economic, political, social and cultural
spheres in order that the great inequalities now existing in the fields of
employment, nutrition, health, housing and education, among others, may
disappear. International development co-operation has an important role to
play in securing the resources required by the developing countries to realize
these objectives.
64. The Conference urges Governments, with the co-operation of the relevant
international organizations, to consider adopting measures to guarantee,
through special conventions or other provisions, asylum and transit facilities
to those who desert from the armed forces of the racist regime in southern
Africa on grounds of conscience or who are forced to leave because of their
opposition to apartheid.
65. The Conference proclaims that the elimination of all forms of racial
discrimination is a matter of high priority to the United Nations and the
international community. It proclaims that racism and racial discrimination
in all their manifestations are crimes against the conscience and dignity of
mankind and must be eradicated by effective and concerted international
action. The Conference pays tribute to the United Nations Educational,
Scientific and Cultural Organization for its activities during the Decade to
Combat Racism and Racial Discrimination and recommends that, within the
framework of its Second Medium-term Plan (1984-1989), that organization should
continue:
(a) Its work (studies and research) on the factors of influence in the
maintenance, transmission and alteration of prejudices and on the
causes and effects of the various forms of racism and racial and
ethnic discrimination;
(b) Its efforts to ensure that all groups which suffer from
discrimination in the fields of education, science, culture and
information shall enjoy equal opportunities with others and that the
members of such groups shall have full representation and shall be
able to exercise their rights in those fields;
(c) Its programme on the appreciation of differing cultures and the
promotion and recognition of the equality of cultures and peoples;
(d) Its research and studies on apartheid, and the widest possible
dissemination of the results of its work.
66. In spite of the efforts of the international community during the Decade,
at the national, regional and international levels, racism, racial
discrimination and apartheid continue unabated and have shown no sign of
diminishing. With a view to reaffirming its unalterable determination to
mobilize maximum international pressure to attain the objectives of the
Decade, the Conference strongly recommends that the General Assembly declare a
Second Decade to Combat Racial Discrimination at the end of the current Decade
in December 1983.