Discrimination based on work or descent - IHEU Durban II references

UN Geneva

Minorities, discrimination based on work and discrimination based on descent are mentioned in 15 of the 250 paragraphs of the Durban Review Conference draft outcome document.

Section 1 : Review of Progress of the DDPA

Three paragraphs (35, 37 and 47) emphasize the need to make no distinction between victims based on to their descent, especially African descent.

Paragraph 52 reaffirms the rights of persons belonging to minorities to enjoy their fundamental rights without discrimination, including discrimination based on work and descent.

Eight paragraphs (50, 60, 73, 75, 79, 82, 85 and 102) notes that the DDPA welcomes legislations to address discrimination in work, education, facilities, housing and public functions and promotes programs for employers, intercultural dialogue, international cooperation, establishment of bodies representing minorities and legislation by States to combat such discriminations.

Paragraph 66 acknowledges that children are exposed to violence based on their ethnic or social status and Para 73 underlines the need of taking in consideration the social and economic indicators while monitoring discrimination.

Paragraph 88 defends the importance of a proper justice system and notes that the obstacles to impede justice are often connected to discriminatory practices affecting vulnerable groups.

(See Annex for full texts)


Section 2: Effectiveness of follow-up mechanisms

One paragraph (118) is dedicated to the importance of the Special Rapporteur on discrimination.

Section 3, 4, 5 : no mention of discrimination based on work or descent

(See Annex for full text)


Annex: Paragraphs of the DRC draft outcome Document relating to Discrimination on Work and Descent.

Section 1: Review of Progress on the DDPA

35. Acknowledges that all victims should receive the same attention the same treatment and the same protection and that there should be no hierarchy among potential victims;
37. Identifies progress made in legislation and measures adopted by States to correct inequalities in access to education, health, housing, justice and employment by people of African descent;
47. Reiterates that the international response and policies, including financial assistance, towards refugee situations in different parts of the world should not be guided by considerations of race, color, descent, national or ethnic origin, nor based on the culture, religion and language of the refugees, and urges the international community to grant economic and financial assistance to affected States, particularly in the developing world, in order to adequately address refugee crises, and to remove the root cause of displacement;
50. Welcomes efforts aimed at developing consultation with bodies representing persons belonging to minorities;

52. Affirms that the identity of persons belonging to national or ethnic, religious and linguistic minorities must be protected and that such persons should be treated equally and enjoy their human rights and fundamental freedoms without discrimination of any kind, including discrimination based on work and descent;

60. Reiterates that discrimination on multiple grounds, as laid down in the DDPA, further affects the enjoyment of basic human rights and can lead to particular targeting or vulnerability (merger paras 3, 52 section 1), and welcomes measures to address multiple and aggravated forms of discrimination, particularly the efforts to adopt or improve penal or civil legislation in order to address these phenomena; (merger of 48, 49, 218, 237, 260, 50 section 1)

66. Acknowledge that although all children are exposed to violence, some children, because of their gender, race, ethnic origin, disability or social status, are particularly vulnerable; (para 141 section 1)

73. Acknowledges the importance of making progress in gathering data and other human development indicators disaggregated by race and ethnicity, whether by conducting censuses or by collecting, compiling, analyzing and providing data at the national and local levels, which should also take into consideration such social and economic indicators as average income, access to health services, maternal and infant mortality, life expectancy, literacy rate, access to education, employment opportunities, quality of housing, land ownership and access to water, health and communications services; (para 156 section 1)

75. Welcomes preventive initiatives to tackle discrimination in employment such as programmes for training and counseling of excluded persons belonging to a minority to help them in the labour market, programmes for employers to combat discrimination or to raise cultural awareness, some examples of mentoring and of positive action in recruitment, and some further experiments with contract compliance and anonymous job applications; (para 167 section 1)

79. Affirms the need to intensify engagement by all interested parties in a constructive and genuine dialogue rooted in mutual respect and understanding with a view to overcoming existing gaps in perceptions, concepts and ideas; (para 321 section 1)

82. Notes significant progress in the creation of independent national human rights institutions addressing racism, racial discrimination, xenophobia and related intolerance, as well as specialized State bodies and mechanisms responsible for formulating and implementing public policies to eradicate discrimination and to promote racial equality; (merger paras 261, 213, 274 section 1)

85. Welcomes the numerous awareness-raising activities involving States, in order to promote and disseminate the values and practices underlying the fight against discrimination, including through financial support for the projects of civil society; (paras 214 section 1)

88. Recalls that access to justice implies the possibility of defending a case before a tribunal, as well as the proper functioning of the whole system of administration of justice, including affirmative action for vulnerable groups, as needed. The obstacles that impede access to justice are often connected to discriminatory practices affecting vulnerable groups. These groups face difficulties in accessing justice because of different kinds of barriers, in particular cultural and linguistic barriers; (para 227 section 1 modified)

102. Re-emphasizes the importance of international cooperation to promote (a) the achievement of the objectives of the fight against racism, racial discrimination, xenophobia and related intolerance; (b) the effective implementation of international treaties and instruments that forbid these practices; (c) the implementation of the United Nations and of States’ obligations in this regard; and (d) the elaboration of further global strategies to combat new manifestations of racism, racial discrimination, xenophobia and related intolerance (merger paras 340, 300 section 1)

Section 2: Effectiveness of follow-up mechanisms

118. Expresses its full support for and recognition of the Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance for his work and requests him to continue placing particular stress on the negative impact of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of civil, cultural, economic, political and social rights by national, ethnic, religious and linguistic minorities, immigrant populations, asylum-seekers and refugees, while ensuring a global and universal approach to the fight against racism and racial discrimination and avoiding any hierarchy in the treatment of victims; (merger paras 64, 67 section 2)

Section 3, 4, 5 : no mention of discrimination based on work or descent

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