Recommended
Amendments to the draft programme of action AGAINST RACISM, RACIAL
DISCRIMINATION, XENOPHOBIA and related
intolerance (a/conf.189/pc.3/8)
II.
VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED
INTOLERANCE
37.
Urges States:
(d)
To monitor and ensure/pay increased attention to
the non-discriminatory/fair and equitable treatment of migrants and
refugees/non-nationals, regardless of their status, including
asylum‑seekers and refugees, as well as members of minority groups,
detained by public authorities; specifically, these detainees should receive
effective legal assistance and, where appropriate, the assistance of a competent
interpreter free of charge, at all stages of their detention,
particularly during interrogation; (ADOPTED (without recommended changes) 3/8)
(e)
To ensure that police, prison and detention
facility personnel and immigration authorities respect, among other aspects,
the standards regarding dignified and non-discriminatory treatment of migrants,
through specialized training courses for administrators, police officers,
immigration officials, prison and detention facility personnel and other
interested groups; (ADOPTED (without recommended changes) 1/8)
Sub Title : Refugees
i.
Urges States to ensure that racism, racial
discrimination, xenophobia or related intolerance do not result in decisions of
deportation to another State where are grounds for believing that the deportee
would be in real danger of being subjected to torture.
ii.
Calls States to reaffirm their commitment to the
1951 Convention Relating to the Status of Refugees and its 1967 Protocol and to
ensure that all measures relating to asylum seekers and refugees are fully in
accordance with these instruments, in particular the principle of « non-refoulement »
and recognize the effect arbitrary detention of asylum seekers and undocumented
migrants.
iii.
Urges States to pay special attention to cases
of torture, ill-treatment or any kind of violence perpetrated on the basis of
racism, racial discrimination, xenophobia and related intolerance against asylum
seekers and refugees.
New
40 :
Urges
States to recognize the effect arbitrary detention of asylum seekers and
undocumented persons and to reaffirm their commitment to the 1951 Convention
Relating to the Status of Refugees and its 1967 Protocol and to ensure that all
measures relating to asylum seekers and refugees are fully in accordance with
these instruments, in particular the principle of « non-refoulement »
(article 33 of the 1951 Convention relating to the Status of Refugees)
Urges
States to pay special attention to situations of racism, racial discrimination,
xenophobia and related intolerance when designing policies, strategiea and
programmes for children, and in particular to ensure that, in no
circumstances, should unacommpagnied minors be placed in isolation, detention
centers or transit zones at national borders.
Add new text :
Urges
States to ensure that asylum seekers are not subjected to criminal or other
punishment on the basis of any illegal entry or presence . In particular, the
detention of asylum seekers should be a measure of last resort only and subject
to periodic judiciail review, with an absolute maximum duration for detention
specified in national law, and with strict and regular inspections by
independent bodies. States should ensure that asylum seekers be held in special
immigration detention centers in conditions appropriate to their status and not
with persons charged with or convicted of criminal offenses.
III.
MEASURES OF PREVENTION, EDUCATION AND PROTECTION
AIMED AT THE ERADICATION OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND
RELATED INTOLERANCE AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS
1.
Legislative, judicial, regulatory,
administrative and other measures to prevent
and protect against racism and related discrimination
87.
Urges States, non-governmental organizations and
the private sector to compile and publish statistics on incidents and complaints
of police brutality within law
enforcement and correctional agencies on a regular basis to determine
whether criminal justice policies or programmes have an unjustified disparate
impact on racial and ethnic minorities, with a view to identifying and
eliminating these practices. These statistics should include the race, ethnicity
and gender of the perpetrator and the victim;
88.
Urges States to work with law enforcement and
correctional agencies in designing, implementing and enforcing effective
policies and programmes to prevent, detect and ensure full, timely and
effective investigation and civil or criminal accountability for incidents
of misconduct by police or correctional personnel motivated by race or
ethnic origin, to prosecute such misconduct, and in particular to
eliminate “racial profiling” by law enforcement officials or the use of race
or ethnicity as the sole basis for determining if an individual is engaged in
criminal activity;
89.
Urges States, non-governmental organizations and
the private sector:
(a)
To create and implement policies that promote
high-quality and diverse personnel within criminal justice systems
police force free from
discrimination on the basis of race, and recruit actively all groups, including
minorities, into public employment, including the law enforcement, correctional
police force and other agencies
within the criminal justice system (including members of the judiciary, such
as prosecutors, and public defenders);
90 bis (i) Urges
States to provide where necessary translators and interpreters, free of charge,
at all stages of the criminal justice process, in particular during police
interrogation and court procedures, and provide prompt and regular access to
diplomatic representatives for foreign nationals at all stages of the criminal
justice process.
90 bis (ii)
Urges States to recognise the right, and to provide equal access, to an
adequate and effective criminal defence for all vulnerable groups.
90 bis (iii) Urges States to take concrete steps to
cease the exploitation of the labour of incarcerated persons, particularly
members of vulnerable groups who are over-represented within prison systems, and
to implement stringent review and regulation of private prisons.
90 bis (iv)
Urges States to provide specific programmes for the social reintegration
of vulnerable persons upon release from prison or completion of a criminal
sentence.
90 bis (v) Urges
States to cease the practice of punishing minors with sentences reserved for
adults, which practice has disproportionately affected vulnerable persons.
109.
Urges States to carry out exhaustive, timely and impartial investigations
of all acts of racism and racial discrimination and to prosecute offences of a
racist or xenophobic nature ex officio, to ensure that criminal prosecution
of offences of a racist or xenophobic nature is given high priority and is
actively and consistently undertaken, to ensure the right to equal treatment
before the tribunals and all other organs administering justice.
In this regard, the World Conference underlines the importance of
fostering awareness and providing training to the various agents in the criminal
justice and correctional systems to ensure fair and impartial application
and administration of the law. In
this regard, the World Conference draws attention to the importance of
collecting and publishing adequate data, broken down by sex and age, on the
number and nature of racist and xenophobic incidents or offences, the number of
cases prosecuted or the reasons for non‑prosecution and the outcome of
prosecutions. In this respect, it
recommends that anti‑discrimination monitoring services be established;
Establishment and reinforcement of independent
specialized national institutions and
Mediation
110.
Urges States, as appropriate, to establish,
strengthen, review and reinforce the effectiveness of human rights
bodies/institutions, [(public defenders, human rights attorneys, specialised ombudsmen,
etc.)] which must [should] have the following characteristics:
2.
Policies and practices
121
bis. Urges Governments,
non-governmental organisations and the private sector to take steps to
facilitate and improve regular qualitative and quantitative monitoring,
collection analysis, publication and dissemination of data, disaggregated by
race and ethnicity, to reduce disparities in access to justice, particularly
access to justice within criminal justice and penal systems, and to determine
whether any aspects of criminal justice and penal systems are being administered
in a racially discriminatory manner.
Action-oriented policies and action plans,
including affirmative action to ensure non‑discrimination, in particular
as regards access to social services, employment, housing, education, health
care, etc.
124.
Urges States to take concrete measures to promote equality based on the
elimination of gender and racial prejudice in all fields through, inter alia,
improving access to education, health care, employment, justice and other
basic services to promote full enjoyment of economic, social and cultural
rights;
125.
Urges States to establish, on the basis of
existing statistical information, national programmes, including affirmative
action positive measures, to promote the access of individuals and groups
affected by or vulnerable to racism, racial discrimination, xenophobia and
related intolerance indigenous people, [people of varying descent,]
migrants and other ethnic, racial, cultural, religious and linguistic groups or
minorities to education, justice, medical care and basic social services,
including primary education and basic health care;
129.
Urges States to prevent and eliminate, where
they exist, racially discriminatory policies and practices in access to public
and private employment, business opportunities, development programmes [and
occupation], education, housing, justice and health care and to promote
policies which seek to improve the prospects of targeted groups facing, inter
alia, the greatest obstacles in finding, keeping or regaining work,
including skilled employment. Particular
attention should be paid to persons subject to multiple discrimination;
130.
Urges Governments to counter social exclusion
and marginalization of racial, ethnic, cultural, religious, linguistic and
national minorities, in particular by providing de facto equal access to
education, health services, employment, justice and housing;
3.
Education and awareness raising measures
Training of professional groups in public
administration and in administration of justice
169.
Requests States, wherever appropriate through
cooperation with intergovernmental organizations, national institutions,
non-governmental organizations and the private sector, to organize and
facilitate training courses or seminars about international norms prohibiting
racial discrimination and their applicability in domestic law, as well as on the
application of international human rights standards such as obligations under
the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of Discrimination
against Women and the Convention on the Rights of the Child, for prosecutors,
members of the judiciary and other public officials.
It calls upon States to provide wide-ranging education for their law
enforcement officials, in particular members of the police force and
correctional personnel, in combating stereotypes that provoke violence on
their part, particularly against people of African descent [and recognize that
the successful completion of such training programmes be made one of the
criteria for promotion is essential for effective policing and
correctional administration];
170.
Urges States to pay specific attention to the
negative impact of racism, racial discrimination, xenophobia and related
intolerance on the administration of justice and fair trial, in particular
within criminal justice systems, and to conduct nationwide campaigns,
amongst other measures, to raise awareness among State organs and public
officials concerning their obligations under the International Convention on the
Elimination of All Forms of Racial Discrimination and other relevant
instruments; ADOPTED at 2nd PrepCom
171.
Urges States to develop anti-racist and
gender-sensitive human rights training for personnel in the administration of
justice, law enforcement agencies, correctional personnel, security and
health-care services, schools and migration authorities, paying particular
attention to immigration officials, border police and staff of migrant detention
centres, as well as for United Nations personnel;
172.
Urges countries receiving migrants to strengthen
the human rights training and awareness-raising activities designed for
immigration officials, border police and staff of migrant detention centres and
prisons, local authorities, other civil servants in charge of enforcing
laws, as well as teachers, with particular attention to the human rights of
migrants, in order to prevent racial conflicts and avoid situations where
prejudices lead to decisions based on racism, racial discrimination, xenophobia
or related intolerance;
Urges
States to provide immigration officials, border police and staff of migrants
detention centers with sufficient training in laws relating to refugees as well
as human rights situation in refugees country of origin.
IV. PROVISION
OF EFFECTIVE REMEDIES, RECOURSE, REDRESS (COMPENSATORY) AND OTEHR MEASURES AT
THE NATTIONAL, REGIONAL AND INTERNATIONAL LEVELS
192.
Urges States to provide victims of racial discrimination with / facilitate
access to all appropriate methods of justice and legal assistance in a manner
adapted to their specific needs and vulnerability, including exemption from
fees, simplification of procedures, legal representation and establishment, as
appropriate, of specially adapted jurisdictions to deal with such cases…
Additions
recommended :
…and to provide to specific
groups, including migrants, asylum seekers and refugees, with legal assistance
in the event of torture, ill-treatment or any kind of violence perpetrated on
the basis of racism, racial discrimination, xenophobia and related intolerance.
Or
…and to provide legal
assistance to victims in the event of torture, ill-treatment or any kind of
violence perpetrated on the basis of racism, racial discrimination, xenophobia
and related intolerance.
Or
Urges States to provide
victims of racial discrimination, …such as specific groups including documented and undocumented migrants, asylum seekers, refugees, … with / facilitate access
to all appropriate methods of justice and legal assistance …in the event of torture, ill-treatment or any kind of
violence perpetrated on the basis of racism, racial discrimination, xenophobia
and related intolerance, … in a manner adapted to their specific needs and vulnerability,
including exemption from fees, simplification of procedures, legal
representation and establishment, as appropriate, of specially adapted
jurisdictions to deal with such cases…
Alternative
… and
to ensure effective officials procedures through which individuals can raise
complaints of ill-treatment and torture perpetrated on the basis of
discrimination, unequal access to justice and related concern and ensure that
all alleged victims have access to needed information, support and legal aid, as
appropriate. ( Contribution of the CAT to the preparatory
process for the WCAR, A/CONF.189/PC.2/17)
Add
new text :
Urges
States to give special attention to specific groups, such as documented or
undocumented, migrants, asylum seekers and refugees to provide necessary
information and legal assistance in the event of torture, ill treatment or any
kind of violence perpetrated on the basis of racial discrimination.
V.
STRATEGIES
TO ACHIEVE FULL AND EFFECTIVE EQUALITY, INCLUDING INTERNATIONAL COOPERATION AND
ENHANCEMENT OF THE UNITED NATIONAL AND OTHER INTERNATIONAL MECHANISMS IN
COMBATING RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE AND
FOLLOW-UP
International
legal framework
Add new text
New para. 219 bis :
Urges States to reaffirm their commitment to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol and to ensure that all measures relating to asylum seekers and refugees are fully in accordance with these instruments.
Caucus Contacts:
Abigail Hansen,
Penal Reform International: ahansen@penalreform.org
Elsa Le Pennec,
World Organisation Against Torture: elp@omct.org
| Tweet |
English