RecommendedAmendments to the draft programme of action AGAINST RACISM, RACIALDISCRIMINATION, XENOPHOBIA and relatedintolerance (a/conf.189/pc.3/8)

II. VICTIMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATEDINTOLERANCE

Sub-title – Migrants

37. Urges States:

(d) To monitor and ensure/pay increased attention tothe non-discriminatory/fair and equitable treatment of migrants andrefugees/non-nationals, regardless of their status, includingasylum‑seekers and refugees, as well as members of minority groups,detained by public authorities; specifically, these detainees should receiveeffective legal assistance and, where appropriate, the assistance of a competentinterpreter 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 detentionfacility 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 otherinterested groups; (ADOPTED (without recommended changes) 1/8)

Sub Title : Refugees

i. Urges States to ensure that racism, racialdiscrimination, xenophobia or related intolerance do not result in decisions ofdeportation to another State where are grounds for believing that the deporteewould be in real danger of being subjected to torture.

ii. Calls States to reaffirm their commitment to the1951 Convention Relating to the Status of Refugees and its 1967 Protocol and toensure that all measures relating to asylum seekers and refugees are fully inaccordance with these instruments, in particular the principle of « non-refoulement »and recognize the effect arbitrary detention of asylum seekers and undocumentedmigrants.

iii. Urges States to pay special attention to casesof torture, ill-treatment or any kind of violence perpetrated on the basis ofracism, racial discrimination, xenophobia and related intolerance against asylumseekers and refugees.

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UrgesStates to recognize the effect arbitrary detention of asylum seekers andundocumented persons and to reaffirm their commitment to the 1951 ConventionRelating to the Status of Refugees and its 1967 Protocol and to ensure that allmeasures relating to asylum seekers and refugees are fully in accordance withthese instruments, in particular the principle of « non-refoulement »(article 33 of the 1951 Convention relating to the Status of Refugees)

Sub Title : Other victims

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UrgesStates to pay special attention to situations of racism, racial discrimination,xenophobia and related intolerance when designing policies, strategiea andprogrammes for children, and in particular to ensure that, in nocircumstances, should unacommpagnied minors be placed in isolation, detentioncenters or transit zones at national borders.

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UrgesStates to ensure that asylum seekers are not subjected to criminal or otherpunishment on the basis of any illegal entry or presence . In particular, thedetention of asylum seekers should be a measure of last resort only and subjectto periodic judiciail review, with an absolute maximum duration for detentionspecified in national law, and with strict and regular inspections byindependent bodies. States should ensure that asylum seekers be held in specialimmigration detention centers in conditions appropriate to their status and notwith persons charged with or convicted of criminal offenses.

III. MEASURES OF PREVENTION, EDUCATION AND PROTECTIONAIMED AT THE ERADICATION OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA ANDRELATED INTOLERANCE AT THE NATIONAL, REGIONAL AND INTERNATIONAL LEVELS

A. National level

1. Legislative, judicial, regulatory,administrative and other measures to preventand protect against racism and related discrimination

87. Urges States, non-governmental organizations andthe private sector to compile and publish statistics on incidents and complaintsof police brutality within lawenforcement and correctional agencies on a regular basis to determinewhether criminal justice policies or programmes have an unjustified disparateimpact on racial and ethnic minorities, with a view to identifying andeliminating these practices. These statistics should include the race, ethnicityand gender of the perpetrator and the victim;

88. Urges States to work with law enforcement andcorrectional agencies in designing, implementing and enforcing effectivepolicies and programmes to prevent, detect and ensure full, timely andeffective investigation and civil or criminal accountability for incidentsof misconduct by police or correctional personnel motivated by race orethnic origin, to prosecute such misconduct, and in particular toeliminate “racial profiling” by law enforcement officials or the use of raceor ethnicity as the sole basis for determining if an individual is engaged incriminal activity;

89. Urges States, non-governmental organizations andthe private sector:

(a) To create and implement policies that promotehigh-quality and diverse personnel within criminal justice systems police force free fromdiscrimination on the basis of race, and recruit actively all groups, includingminorities, into public employment, including the law enforcement, correctional police force and other agencieswithin the criminal justice system (including members of the judiciary, suchas prosecutors, and public defenders);

90 bis (i) UrgesStates to provide where necessary translators and interpreters, free of charge,at all stages of the criminal justice process, in particular during policeinterrogation and court procedures, and provide prompt and regular access todiplomatic representatives for foreign nationals at all stages of the criminaljustice process.

90 bis (ii) Urges States to recognise the right, and to provide equal access, to anadequate and effective criminal defence for all vulnerable groups.

90 bis (iii) Urges States to take concrete steps tocease the exploitation of the labour of incarcerated persons, particularlymembers of vulnerable groups who are over-represented within prison systems, andto implement stringent review and regulation of private prisons.

90 bis (iv) Urges States to provide specific programmes for the social reintegrationof vulnerable persons upon release from prison or completion of a criminalsentence.

90 bis (v) UrgesStates to cease the practice of punishing minors with sentences reserved foradults, which practice has disproportionately affected vulnerable persons.

Prosecution of perpetrators of racist acts

109. Urges States to carry out exhaustive, timely and impartial investigationsof all acts of racism and racial discrimination and to prosecute offences of aracist or xenophobic nature ex officio, to ensure that criminal prosecutionof offences of a racist or xenophobic nature is given high priority and isactively and consistently undertaken, to ensure the right to equal treatmentbefore the tribunals and all other organs administering justice. In this regard, the World Conference underlines the importance offostering awareness and providing training to the various agents in the criminaljustice and correctional systems to ensure fair and impartial applicationand administration of the law. Inthis regard, the World Conference draws attention to the importance ofcollecting and publishing adequate data, broken down by sex and age, on thenumber and nature of racist and xenophobic incidents or offences, the number ofcases prosecuted or the reasons for non‑prosecution and the outcome ofprosecutions. In this respect, itrecommends that anti‑discrimination monitoring services be established;

Establishment and reinforcement of independentspecialized national institutions and

Mediation

110. Urges States, as appropriate, to establish,strengthen, review and reinforce the effectiveness of human rightsbodies/institutions, [(public defenders, human rights attorneys, specialised ombudsmen,etc.)] which must [should] have the following characteristics:

2. Policies and practices

Data collection and disaggregation, research and study

121bis. Urges Governments,non-governmental organisations and the private sector to take steps tofacilitate and improve regular qualitative and quantitative monitoring,collection analysis, publication and dissemination of data, disaggregated byrace and ethnicity, to reduce disparities in access to justice, particularlyaccess to justice within criminal justice and penal systems, and to determinewhether any aspects of criminal justice and penal systems are being administeredin a racially discriminatory manner.

Action-oriented policies and action plans,including affirmative action to ensure non‑discrimination, in particularas regards access to social services, employment, housing, education, healthcare, etc.

124. Urges States to take concrete measures to promote equality based on theelimination of gender and racial prejudice in all fields through, inter alia,improving access to education, health care, employment, justice and otherbasic services to promote full enjoyment of economic, social and culturalrights;

125. Urges States to establish, on the basis ofexisting statistical information, national programmes, including affirmativeaction positive measures, to promote the access of individuals and groupsaffected by or vulnerable to racism, racial discrimination, xenophobia andrelated intolerance indigenous people, [people of varying descent,]migrants and other ethnic, racial, cultural, religious and linguistic groups orminorities to education, justice, medical care and basic social services,including primary education and basic health care;

129. Urges States to prevent and eliminate, wherethey exist, racially discriminatory policies and practices in access to publicand private employment, business opportunities, development programmes [andoccupation], education, housing, justice and health care and to promotepolicies which seek to improve the prospects of targeted groups facing, interalia, the greatest obstacles in finding, keeping or regaining work,including skilled employment. Particularattention should be paid to persons subject to multiple discrimination;

130. Urges Governments to counter social exclusionand marginalization of racial, ethnic, cultural, religious, linguistic andnational minorities, in particular by providing de facto equal access toeducation, health services, employment, justice and housing;

3. Education and awareness raising measures

Training of professional groups in publicadministration and in administration of justice

169. Requests States, wherever appropriate throughcooperation with intergovernmental organizations, national institutions,non-governmental organizations and the private sector, to organize andfacilitate training courses or seminars about international norms prohibitingracial discrimination and their applicability in domestic law, as well as on theapplication of international human rights standards such as obligations underthe International Convention on the Elimination of All Forms of RacialDiscrimination, the Convention on the Elimination of All Forms of Discriminationagainst 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 lawenforcement officials, in particular members of the police force andcorrectional personnel, in combating stereotypes that provoke violence ontheir part, particularly against people of African descent [and recognize thatthe successful completion of such training programmes be made one of thecriteria for promotion is essential for effective policing andcorrectional administration];

170. Urges States to pay specific attention to thenegative impact of racism, racial discrimination, xenophobia and relatedintolerance on the administration of justice and fair trial, in particularwithin criminal justice systems, and to conduct nationwide campaigns,amongst other measures, to raise awareness among State organs and publicofficials concerning their obligations under the International Convention on theElimination of All Forms of Racial Discrimination and other relevantinstruments; ADOPTED at 2nd PrepCom

171. Urges States to develop anti-racist andgender-sensitive human rights training for personnel in the administration ofjustice, law enforcement agencies, correctional personnel, security andhealth-care services, schools and migration authorities, paying particularattention to immigration officials, border police and staff of migrant detentioncentres, as well as for United Nations personnel;

172. Urges countries receiving migrants to strengthenthe human rights training and awareness-raising activities designed forimmigration officials, border police and staff of migrant detention centres andprisons, local authorities, other civil servants in charge of enforcinglaws, as well as teachers, with particular attention to the human rights ofmigrants, in order to prevent racial conflicts and avoid situations whereprejudices lead to decisions based on racism, racial discrimination, xenophobiaor related intolerance;

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UrgesStates to provide immigration officials, border police and staff of migrantsdetention centers with sufficient training in laws relating to refugees as wellas human rights situation in refugees country of origin.

IV. PROVISIONOF EFFECTIVE REMEDIES, RECOURSE, REDRESS (COMPENSATORY) AND OTEHR MEASURES ATTHE NATTIONAL, REGIONAL AND INTERNATIONAL LEVELS

Legal assistance

192.Urges States to provide victims of racial discrimination with / facilitateaccess to all appropriate methods of justice and legal assistance in a manneradapted to their specific needs and vulnerability, including exemption fromfees, simplification of procedures, legal representation and establishment, asappropriate, of specially adapted jurisdictions to deal with such cases…

Additionsrecommended :

…and to provide to specificgroups, including migrants, asylum seekers and refugees, with legal assistancein the event of torture, ill-treatment or any kind of violence perpetrated onthe basis of racism, racial discrimination, xenophobia and related intolerance.

Or

…and to provide legalassistance to victims in the event of torture, ill-treatment or any kind ofviolence perpetrated on the basis of racism, racial discrimination, xenophobiaand related intolerance.

Or

Urges States to providevictims of racial discrimination, …such as specific groups including documented and undocumented migrants, asylum seekers, refugees, … with / facilitate accessto all appropriate methods of justice and legal assistance …in the event of torture, ill-treatment or any kind ofviolence perpetrated on the basis of racism, racial discrimination, xenophobiaand related intolerance, … in a manner adapted to their specific needs and vulnerability,including exemption from fees, simplification of procedures, legalrepresentation and establishment, as appropriate, of specially adaptedjurisdictions to deal with such cases…

Alternative

… andto ensure effective officials procedures through which individuals can raisecomplaints of ill-treatment and torture perpetrated on the basis ofdiscrimination, unequal access to justice and related concern and ensure thatall alleged victims have access to needed information, support and legal aid, asappropriate. ( Contribution of the CAT to the preparatoryprocess for the WCAR, A/CONF.189/PC.2/17)

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UrgesStates to give special attention to specific groups, such as documented orundocumented, migrants, asylum seekers and refugees to provide necessaryinformation and legal assistance in the event of torture, ill treatment or anykind of violence perpetrated on the basis of racial discrimination.

V. STRATEGIESTO ACHIEVE FULL AND EFFECTIVE EQUALITY, INCLUDING INTERNATIONAL COOPERATION ANDENHANCEMENT OF THE UNITED NATIONAL AND OTHER INTERNATIONAL MECHANISMS INCOMBATING RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE ANDFOLLOW-UP

Internationallegal framework

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New para. 219 bis :

UrgesStates to reaffirm their commitment to the 1951 Convention Relating to theStatus of Refugees and its 1967 Protocol and to ensure that all measuresrelating to asylum seekers and refugees are fully in accordance with theseinstruments.

Caucus Contacts:

Abigail Hansen,Penal Reform International: ahansen@penalreform.org

Elsa Le Pennec,World Organisation Against Torture: elp@omct.org