World Conference Against Racism: Briefing by Department

Meeting report

FOREIGN AFFAIRS PORTFOLIO COMMITTEE
28 March 2001
WORLD CONFERENCE AGAINST RACISM: BRIEFING BY DEPARTMENT

Chairperson: Mr E I Ebrahim (ANC)

Relevant Documents:
- Presentation by Department (see Appendix 1)
- Information Sheet on the World Conference Against Racism, Racial Discrimination, Xenophobia and related intolerances (See Appendix 2)
- South African Millennium Statement on Racism and Programme of Action (See Appendix 3)

SUMMARY
The Committee was briefed by the Department on the upcoming conference on racism in Durban between 31 August 2001 and 7 September 2001. It is a UN conference hosted by South Africa. The Chairperson of the conference will be Dr Dlamini-Zuma, Minister of Foreign Affairs. Ms Mary Robinson will be the conference's Secretary General.

The most controversial issue at the conference is anticipated to be the traffic in women, compensation to Africa for slavery and colonialism. The DG said the challenge for the host country is to bring the parties participating in the conference together. The countries of the West must admit they benefited from slavery and colonialism whereas African countries must concede slavery requires a buyer-seller relationship. However, there is an underlying understanding that colonialism and slavery did benefit today's developed world.

MINUTES
The Director General of the Department of Foreign Affairs, Mr Sipho Pityana, and Dr Sookla, a Chief Director at Foreign Affairs and the conference's supervisor, gave a briefing on the World Conference Against Racism to be held in Durban between 31 August 2001 and 7 September 2001. South Africa was asked by the United Nations (UN) to host the conference. It will be the third world conference on racism. The first was in Geneva in 1978 and the second, also in Geneva, in 1983. South Africa is the host, although it is a UN conference. The role of the host is to assist and ensure the success of the conference. The preparation committee for this conference is not in South Africa but is being chaired by Senegal.

The Chairperson of the conference will be Dr Dlamini-Zuma, Minister of Foreign Affairs. Ms Mary Robinson will be the conference's Secretary General.

Director General Pityana said the main issues at the conference are anticipated to be xenophobia, racism, and the traffic in women, Palestine and the Middle East, and compensation to Africa for slavery and colonialism. The issue of compensation is a controversial one. Mr Pityana feared it might decrease the level of participation in the conference.

Chairperson Ebrahim said there had already been regional conferences on racism in America, Asia and Africa.

Discussion
Dr Geldenhuys (NNP) asked if there had been recommendations from the regional conference in Africa in terms of the Middle East and compensation for slavery. He asked if any UN members would not be represented at the conference. He also asked if South Africa would receive financial assistance for hosting the conference.

DG Pityana responded compensation for both slavery and colonialism was discussed at the regional conference in Dakar. They concluded slavery is a crime against humanity and should be compensated. All of the UN has been invited although some member states may choose not to participate. The conference host foots the bill for the conference although the UN is assisting South Africa financially with the conference.

Ms Mahomed (ANC) asked how MPs can get involved and if they can participate in debates or present papers.

The DG said the conference can benefit from the inputs and views of MPs. Public debate is important, particularly in matters like this, where issues are complex and emotive.

Mr Pheko (PAC) asked the DG to comment on Zionism.

DG Pityana said the draft document does not refer to Zionism, but noted the nuanced language in the general discourse on slavery and the holocaust. For example, slavery "must be remembered" whereas the holocaust "must never be forgotten".

A member commented the "posturing" of the West in relation to Zionism is "understandable". He warned the conference will not be "hiccup free". He said South Africa, as the host country, cannot have a "position". At the same time, he asked members to think about what the Western world "imposes" on Africa and said they could present the world with a tangible programme.

Mr Sithole (ANC) asked what the Department's attitude toward reparations for slavery and colonialism is in view of the fact that South Africa is dealing with the issue of reparations for victims of apartheid.

The DG said the challenge for the host country is to bring the parties participating in the conference together. The countries of the West must admit they benefited from slavery and colonialism whereas African countries must concede slavery requires a buyer-seller relationship.

Dr Sookla, a Chief Director at Foreign Affairs and the conference's supervisor, said the whole idea of compensation and reparations is very "loaded" and must be "unpacked".

Mr Madasa (ACDP) asked if stolen resources will be returned to Africa.

DG Pityana said there is no specific reference to stolen goods in the draft document. There are references to colonialism and slavery. There is an underlying understanding that colonialism and slavery did benefit today's developed world.

The meeting was adjourned.

APPENDIX 1

BRIEFING BY THE DIRECTOR-GENERAL, FOREIGN AFFAIRS ON PREPARATIONS FOR THE WORLD CONFERENCE AGAINST RASICM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE (28 MARCH 2001)

PREVIOUS WORLD CONFERENCES ON RACISM
The first World Conference to Combat Racism and Racial Discrimination was held in Geneva in 1978, at the mid-point of the first Decade on racism.

The second World Conference to Combat Racism and Racial Discrimination, held in Geneva, 1-12 August 1983, reviewed and assessed the activities undertaken during the Decade and formulated specific measures to ensure the implementation of United Nations instruments to eliminate racism, racial discrimination and apartheid.

Between 1973 and 2003, the UN designated three decades for action to combat racism and racial discrimination and to ensure support for people struggling for racial equality.

- The Programme of Action for the First Decade was structured around measures which should be taken to implement the United Nations instruments concerning the elimination of racism and racial discrimination and the pursuit of a worldwide education campaign.

- The Programme of Action for the Second Decade emphasized recourse procedures for victims of racial discrimination. Its programme included a world public information campaign for human rights and the drafting by the Commission of Human Rights of a "model national legislation" to guide Governments in the enactment of legislation against racial discrimination.

- The Programme of Action for the Third Decade, which ends in 2003, underlines the pivotal role of human rights education in securing respect for human rights. It has been marked by a broadened view of the problem of racism and the realization that every society in the world is affected and hindered by discrimination.

THE THIRD WORLD CONFERENCE AGAINST RACISM (WCAR)
The UN High Commissioner for Human Rights approached South Africa to host the World Conference. In its reply to the UN, South Africa agreed to host the World Conference "on the understanding that the Office of the High Commissioner for Human Rights will play a key role towards ensuring that adequate funds are secured for this venture." In December 1999, the General Assembly welcomed the offer by South Africa to host the conference and appealed to all member states to contribute generously to the voluntary fund for the Conference.

The Conference will be open to all UN member states, observers of regional commissions or organizations, specialized agencies, other intergovernmental organizations, NGOs, UN Secretariat and representatives of UN organs and other persons invited by the UN.

The World Conference will extend over a period of eight consecutive days including a high-level segment. The UN has set 31 August to 7 September 2001, as the most appropriate dates in the UN calendar. The first three days are designated for the high-level segment, while the last five days will be for senior meetings.

Each of the five UN regional groups held a preparatory regional conference. Two have already been scheduled, in Strasbourg in October 2000 and in December 2000. The African regional meeting took place in Senegal in January 2001 and the Asia's in February 2001.

THE WORLD CONFERENCE AND SOUTH AFRICA'S ROLE
A very large number of delegations and NGOs are expected to attend the conference. Given the particular significance of the question of racism for South Africa, the host country is expected to play a substantial role.

Traditional UN practice confers on the host country the right to designate a chair (usually at ministerial level). South Africa's Minister for Foreign Affairs has been designated as the Chairperson of the WCAR. Mrs Mary Robinson, the UN High Commissioner for Human Rights has accordingly been nominated as the Secretary-General of the Conference. The chair will work closely with the Secretariat-General of the Conference to produce both an efficient conference and a declaration and program of action that contributes to the combating of racism.

Cabinet has established an Inter-Ministerial Committee (chaired by the Minister of Foreign Affairs) and a National Preparatory Committee (chaired by the Director-General of Foreign Affairs) to provide policy guidelines for the World Conference. The National Preparatory Committee is interdepartmental and also includes the Human Rights, Gender, and Youth Commissions, civil structures, and representatives from religious organizations, academia and the media. Civil society and NGOs will play an important role both during the preparatory phase and during the conference.

SOUTH AFRICA'S FIRST NATIONAL CONFERENCE ON RACISM
(30 AUGUST - 2 SEPTEMBER 2000)
The Conference was held following a call by the State President, Mr T M Mbeki in his state of the nation address (4 February 2000) to convene a conference under the aegis of the South African Human Rights Commission. South Africa's National Conference was held to promote understanding of the nature, meaning and manifestations of racism in South African society, devise a common programme for the elimination of all forms of racism and make preparations for the United Nations 3rd World Conference Against Racism (WCAR) to be held in South Africa in August/September 2001.

The Conference recommended that the South African Human Rights Commission should develop and adopt a comprehensive national action plan and strategy to combat racism. Such a plan should include, amongst other points, indicators of success, timeframes and responsibilities, and effective monitoring and evaluation systems.

The Conference concluded with the South African Millennium Statement on Racism and Program of Action, which is to feed into the national preparatory process for the WCAR.

OTHER PREPARATORY PROCESSES BY THE UN FOR THE WCAR
(a) EXPERT AND REGIONAL PREPARATORY MEETINGS
To underpin national efforts to highlight the importance of combating racism, racial discrimination, xenophobia and related intolerance, the United Nations has sponsored expert and regional meetings. To date the following expert and regional preparatory meetings were held: Europe, Americas, Africa and Asia.

All regions are united in their quest to eliminate racism. At the conclusion of each preparatory meeting a Declaration and Plan of Action was adopted. However each of the regions differ in the emphasis they place on key elements to adopt in the fight against racism. What determines this distinction is primarily driven by regional history and political considerations.

The UN secretariat has, subsequently produced a draft Declaration and Program of Action for the consideration of UN member states and to facilitate inter-governmental negotiations in Durban at the WCAR.

(b) INTER-SESSIONAL MEETINGS
The UN has convened inter-sessional meetings in Geneva as part of the preparatory process. At the inter-sessional meeting early last year, a number of themes and sub-themes were proposed for the consideration of delegations for the conference against racism in Durban.

These are, inter alia,
- Sources, courses, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance
- Victims of racism
- Measures of prevention, protection and education aimed at the eradication of racism
- Provision of effective remedies, recourse, redress (compensatory) and other measures at the national, regional and international levels
- Strategies to achieve full and effective equality, including international cooperation and enhancement of the United Nations and other mechanisms in combating racism, racial discrimination, xenophobia and related intolerance and follow-up actions

The final decision of these themes is subject to inter-governmental processes of negotiations. The key proposed themes for the conference are politically sensitive for a number of delegations. One such contentious area relates to the proposal to include "compensatory" amongst the themes for the conference, hence the wording in the text is still bracketed.

The UN members will continue to discuss these themes in preparation for the Durban conference.

The UN Secretariat recently produced a draft Declaration and Plan of Action following regional preparatory conferences. It is based on the outcome documents of all regional preparatory conferences.

However a number of delegations are not entirely satisfied with the outcome document from the UN. At the inter-sessional meeting, a number of delegations and regions indicated that key elements of their input for the conference document were omitted from the draft Declaration and Program of Action. They were therefore not satisfied with the outcome document.

At the recent Inter-Sessional meeting in Geneva, UN members considered various elements which, in their view, should be Included in the document. This process is still continuing. A further Inter-Sessional Open Ended Working Group meeting is scheduled to take place in Geneva from 7-11 May 2001, followed by the final Preparatory Committee (Prep Com) to be held in Geneva from 21 May - 1 June 2001.

Difficult Issues
Particularly difficult issues for the conference are
- Palestine/Middle East
- slavery and colonialism
- compensation and reparations
- migration, refugees, internally displaced persons and xenophobia
- the issue of gender discrimination, a trafficking in human beings, particularly women and children
- indigenous people
- religious intolerance - Islamaphobia and Zionism

South Africa's Role
In approaching the conference, a particular challenge for South Africa as the host country is to ensure that the conference is successful and that it is attended at the highest level possible by all delegations. South African would therefore need to work behind the scenes to ensure that this becomes a reality and also facilitates consensus in order that the outcome can be adhered to by all member states in implementing conference decisions.

To this end, South Africa would also need to marshall all diplomatic and persuasive skills at bilateral and multilateral level to ensure that all delegations are onboard. This will also mean conducting informal bilateral meetings with key delegations to ensure that there is agreement on these very contentious issues.

APPENDIX 2

INFORMATION SHEET ON THE WORLD CONFERENCE AGAINST RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCES,
ICC, DURBAN, 31 AUGUST TO 7 SEPTEMBER 2001

1. BACKGROUND

1.1 The United Nations designated the three decades from 1973 to 2003 as decades of action to combat racism and racial discrimination. The First World Conference to Combat Racism and Racial Discrimination (WCAR) was held in Geneva in 1978. The, Second WCAR held in Geneva from 1 to 12 August 1983 reviewed and assessed the activities undertaken during the previous decade and formulated specific measures to ensure the implementation of United Nations instruments to eliminate racism, racial discrimination and apartheid.

1.2 In 1997, the UN General Assembly, against the backdrop of growing concern about the rise globally in the incidents of racism, racial discrimination, xenophobia and related intolerance, and in recognition of the challenges and prospects for combating these phenomena, decided that a World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance should be held by no later than 2001

1.3 In 1998, the UN General Assembly designated the UN High Commissioner for Human Rights, Mrs Mary Robinson. as Secretary-General of the Conference. In view of South Africa's experience in defeating institutionalised racism and the processes put in place for a peaceful transition to democracy and reconciliation, Mrs Robinson in 1999 approached South Africa to host the Third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance. South Africa agreed to the request.

1.4 The WCAR is a UN conference, taking place at a venue other than a UN centre. UN practice confers on the host country the right to designate a chairperson for a world conference of this nature. In this instance Foreign Minister Dlamini-Zuma. As Secretary-General of the Conference, the UN High Commissioner for Human Rights is responsible for the preparatory process and the Conference itself. The Chairperson will work closely with the Secretary-General of the Conference to achieve both an effective Conference and a declaration that contributes to the combating of racism. However, South Africa will clearly shoulder a great deal of responsibility in ensuring that at the conclusion of the Third World Conference a positive and forward looking declaration and programme of action are adopted which reflect the concerns of all the regions.

1.5 In addition to being responsible for all the additional costs involved in hosting a UN conference away from Headquarters, South Africa is also expected to provide the following: an administrative structure for the Conference, courtesy facilities, security, transport, the conference venue with a comprehensive range of conference services, and facilities for the media.

2. OBJECTIVES AND THEMES OF THE WCAR

2.1 In spite of the positive strides that have generally been made in terms of the development of human rights globally, incidents of racism, racial discrimination,
xenophobia and related intolerance appear to be on the rise globally, including the incitement of racial and religious prejudice and the concomitant violence which often accompanies these manifestations. The continued growth in the various manifestations of racism, especially in developed countries, has strongly underscored the need for greater and more concentrated international efforts aimed at eradicating this scourge which still afflicts the majority of the worlds' nations and peoples at the dawn of the 2l~~ century.

2.2 For South Africa. the main issue is racism and the legacy of apartheid which has re-enforced racism in all its forms. Following from the successful national conference on racism, South Africa's hosting of this conference presents a historical opportunity for South Africa to take a lead in the campaign against racism in all its manifestations globally. (The Millennium Statement adopted at the conference is attached for information). This would be an opportunity for South Africa to positively influence global positions and strategies for the implementation of solutions in the fight against racism. In the context of Africa, and South Africa's leading role in the region, this would be a welcome opportunity for Africa to influence the nature of solutions and be positively involved in follow-up mechanisms beyond the conference.

2.3 The objectives of the WCAR, as determined by the UN General Assembly are:

Quote:

· To review progress made in the fight against racism and racial discrimination, n particular since the adoption of the Universal Declaration of Human Rights, and to reappraise the obstacles to progress in the field and to identify ways to overcome them:
To consider ways and means to better ensure the application of existing standards and their implementation to combat racism and racial discrimination;
· To increase the levels of awareness about the scourge of racism and racial discrimination;
· To formulate concrete recommendations on ways to increase the effectiveness of the activities and mechanisms of the United Nations through programmes aimed at combating racism and racial discrimination
· To review the political, historical, economic, social, cultural and other factors leading to racism and racial discrimination;
· To formulate concrete recommendations to further action-oriented national. regional and international measures aimed at combating all forms of racism and racial discrimination; and
· To draw up concrete recommendations to ensure that the United Nations has the necessary resources for its activities to combat racism and racial discrimination.

Unquote

2.4 The First Preparatory Meeting for the WCAR, held in Geneva in May 2000, agreed that the substance paper for the Conference would be prepared around five main themes, namely:

Quote:
· Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance;
· Victims of racism;
· Measures of prevention, education and protection aimed at the eradication of racism;
· Provision of effective remedies, resources, redress [compensatory] and other measures at the national, regional and international levels; and
· Strategies to achieve full and effective equality including international co-operation and enhancement of the United Nations and other mechanisms in combating Racism, Racial Discrimination, Xenophobia and Related Intolerance and follow-up actions. PLEASE NOTE THAT THE INCLUSION OF COMPENSATlON ON THE AGENDA HAS NOT YET BEEN AGREED TO BY ALL UN MEMBERS.

Unquote


2.5 It was further agreed that the key focal issues for the WCAR will be:

Quote:

· Discrimination in the global economy;
· Racial discrimination and conflict;
· Racism and xenophobia;
· Gender discrimination; and
· Discrimination against indigenous people.

Unquote

2.5 In addition the First Preparatory Meeting agreed that a Programme of Action will be adopted by the WCAR. Attention will be given to the following concerns:

Quote:

· Reversing the negative effects of globalisation in the South with a special consideration for the LDC's. A global governance structure should be developed to continuously monitor and assist with the relevant responses. as per the requirements of developing countries.
· The need to broaden participative democracy in Africa and other developing countries in order to develop and strengthen national unity through the emphasis of common national values. The negative stereotypes depicted of other nationalities I communities should be done way.
· Developing the Human Resource bases of Africa and the developing world through the eradication of illiteracy and ignorance.
· The modification of the education curriculum of both developing and developed countries - to address racial I gender discrimination issues.
Governments should incorporate in their legislation the rights and responsibilities of indigenous people into national legislation. Countries should also adopt laws and policies to preserve customary practices and protect indigenous property including ideas and knowledge.
Unquote

3. REGIONAL PREPARATORY MEETINGS FOR THE WCAR

3.1 In preparation for the Durban Conference, the United Nations has scheduled four regional preparatory meetings: The European Regional Preparatory Meeting in Strasbourg from 11 to 13 October 2000, the Regional Preparatory Meeting for the Americas in Santiago, Chile from 5 to 7 December 2000, the African Regional Preparatory Meeting, (Dakar, Senegal, 22 to 24 January 2001) and the Asian Regional Preparatory Meeting, Teheran, Iran, 19 to 21 February 2001). Each region's position as adopted at these meetings will now feed into the finalisaton of the Conference Agenda as well as the Final Declaration and Plan of Action. The African Meeting is strategically important as it will shape Africa's approach to the WCAR.

3.2 The Dakar Declaration is attached. [Ed: if document requested, e-mail [email protected]]

3.3 In addition to the regional preparatory meetings, the UN has also scheduled a number of international preparatory meetings for the WCAR. Of particular importance will be the Open-ended Working Group Meeting of the Preparatory Committee in March 2001 as this will take place after all four regional preparatory meetings have been concluded.

4. ARRANGEMENTS FOR THE WCAR
4.1 An Inter-Departmental Logistics Committee (IDLC), comprising of the Departments of Arts, Culture, Science and Technology, Education. Foreign Affairs, National Intelligence. Home Affairs, National Health and South African Police Service has been set up to co-ordinate the overall arrangements for the WCAR.

4.2 The organisational arrangements for the Conference are progressing well and has the full support of the ICC Management and the City of Durban.

4.3 A parallel event to the WCAR will be the Non-Governmental Organisations Forum due to be held from 28 August - 1 September. The South African Non-Governmental Organisation Coalition (SANGOCO). the organisers of the Forum, is currently negotiating the use of the Kingsmead Cricket Stadium as the venue, as well as for suitable tents, etc.

4.4 In order to ensure that there is a balance between NGO participants from the North and the South, the UN has committed itself to secure financial support from donors in order to subsidise NGOs from the South.

4.5 It is a requirement for the host of a UN Conference to make available visas to bona fide delegates to the Conference free of charge. Many delegates will also be arriving from countries in which South Africa does not have diplomatic representation and this could result in delegates arriving in South Africa without visas. Every effort will, however, be made with the co-operation of the UN to encourage delegates to apply for their visas in terms of existing visa regulations.

4.6 To ensure all stakeholders are fully part of the conference process, a National Preparatory Committee was established under the leadership of the Director-General of Foreign Affairs. Members include the departments of Arts, Culture, Science & Technology, Education, Home Affairs, Justice, Environment Affairs & Tourism, the GCIS, the South African Human Rights Commission, the Commission on Gender Equality, The National Religious Forum, the National Spiritual Assembly of the Baha'is of South Africa, SA National Editors Forum, SANGOCO, the National Youth Commission, the South African National Advisory Committee NGO Forum, the Africa Institute of South Africa, and the HSRC.

4.7 To ensure political oversight over the whole process of preparing for the conference, an Inter-Ministerial Committee was established, forming part of the IRPS Cabinet Cluster under the leadership of Foreign Minister Dlamini-Zuma. Members include the Ministers of Education, Sport and Recreation, Home Affairs, Public Service and Administration, Labour, Environment Affairs and Tourism, Justice and Constitutional Development, Minister in the Office of the Presidency, Intelligence, and Arts, Culture, Science & Technology.

1. FINANCIAL IMPLICATIONS
1.1 South Africa accepted the invitation by the United Nations High Commissioner for Human Rights. Mrs Mary Robinson, to host the World Conference "on the understanding that the Office of the High Commissioner for Human Rights (OHCHR) will play a key role towards ensuring that adequate funds are secured for this venture". The current budget estimate for the conference is placed at R90 million.

1.2 Last year, while attending UN meetings in Geneva. both Minister Dlamini Zuma and the Director General met with donors to discuss financial support for the Conference. This was followed up on 15 December 2000 when the Permanent Mission to the UN in Geneva presented the draft budget to traditional donors.

1.3 The budget estimate does not cover the costs of media exposure and publicity, opening and closing ceremonies, cultural and related events, lectures. outside visits, etc. The relevant committees have not as yet finalised their costing.

1.4 South Africa is committed to hosting the Conference and is therefore obliged to ensure that it is a success. While every effort will be made to raise funds from donors and to secure sponsorship, there is no guarantee that the total cost of the conference will be recovered in this way.

APPENDIX 3

SOUTH AFRICAN MILLENNIUM STATEMENT ON RACISM AND PROGRAMME OF ACTION
4 Preamble
Whereas President TM Mbeki in his State of the Nation Address on the occasion of the official opening of parliament on 4 February 2000, called for a National Conference on Racism and requested the South African Human Rights Commission to convene such an event;

Whereas the South African Human Rights Commission convened a National Steering
Committee which included the Commission on Gender Equality, South African Non-
Governmental Organisational Coalition (SANGOCO) and government representatives to
guide it in the organisation of the National Conference;

Whereas the National Steering Committee adopted certain principles which would guide the conduct of the National Conference on Racism: that it would be truly national and representative of all sectors of South African society: it would be fully participatory and interactive in order to ensure that the views, experiences and visions of ordinary South Africans were heard. To this end comprehensive provincial public consultations and public meetings were undertaken and nation-wide public submissions and contributions solicited to inform the National Conference. Further, the National Conference would be outcomes-oriented in order to commit all South Africans to a common programme of action to combat racism;

Whereas it was resolved that the objectives of the National Conference on Racism were to promote understanding of the nature, meaning and manifestations of racism in South African society, devise a common programme for the elimination of all forms of racism and make preparations for the United Nations 3f~ World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance due to be held in South Africa in August I September 2001;

Whereas the United Nations General Assembly has declared the year 2000 to be the
International Year for the Culture of Peace and 2001 the International Year of
Mobilisation against Racism, Racial Discrimination, Xenophobia and Related Intolerance
and also proclaimed 1993-2003 the ~ Decade to Combat Racism and Racial
Discrimination.

Whereas South Africa is guided by the Constitution which asserts the values of "human dignity, the achievement of equality and the advancement of human rights and freedoms" as among the highest aspirations of national life;

Whereas those values are more fully elaborated upon and protected in a justifiable Bill of
Rights and enacted in legislation, principally among which are the Employment Equity
Act, 1998 and the Promotion of Equality and Prevention of Unfair Discrimination Act.
2000. Sections of the latter law came into effect on 1 September 2000 during the course
of the National Conference on Racism;

Whereas South Africa developed a National Action Plan for the Promotion and Protection of Human Rights which was duly deposited with the United Nations on 10 December 1998 to mark the SO~~ Anniversary of the Universal Declaration of Human Rights and that a National Consultative Forum on Human Rights has now been established; that the National Action Plan recognises that racism is a major problem that prevents the full enjoyment of human rights, especially economic and social rights and affects the development of a culture of human rights in South Africa

Whereas South Africa is a proud member of the community of nations and shares the universal abhorrence of racism as stated in international instruments such as the International Bill of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on Elimination of All Forms of Discrimination Against Women and the African Charter on Human and Peoples' Rights to which it is panty, and endorses the Vienna Declaration and Programme of Action (1993). the Grand Bay (Mauritius) Declaration and Plan of Action adopted by the 1st OAU Ministerial Conference on Human Rights (April 1999) and other statements and resolutions of the United Nations, the Organisation of African Unity and the Southern African Development Community (SADC),

Noting that reports of racial violence and persistent forms of racial discrimination continue to concern all honourable and decent-minded South Africans; that some institutions of national life do not yet fully promote the development of effective non-racialism and that structural systems do not sufficiently reflect and honour the diversity of cultures, social Systems, values and ways of life as recognised in our Constitution;

Noting also that persistent forms of racial discrimination, particularly manifested in economic and social disparities created by colonialism and apartheid and perpetuated by negative aspects of globalisation, continue to undermine the realisation of a truly non-racial society;

Noting further that national efforts at reconciliation, nation-building, social development and economic prosperity as embodied in the spirit of the African Renaissance will never succeed in an environment where racism thrives; and that negative aspects of globalisation enhance the economic disparities amongst people and nations;

Noting finally that the task of eliminating racism is a national responsibility which must engage all sectors of society in a common effort and national resolve to combat racism and build a society that affirms and respects the dignity of all South Africans regardless of their colour, culture, religion. language, ethnicity or social origin.

The National Conference on Racism accordingly adopts the following statement:

1 - Introduction
1. The 1^st National Conference on Racism was held at Sandton, Gauteng on 30 August - 2 September 2000 under the slogan, COMBATING RACISM; A Nation in Dialogue.

2. Over 1000 South Africans representing diverse groups from civil society, racial, linguistic and cultural groups, social and political structures of society, government at all levels and from across the length and breadth of our country, independent national institutions, statutory bodies and public enterprise institutions gathered at conference during four days of deliberations on racism. About 20 observers from Australia, Brazil, the United States of America and from Nigeria, as well as observers from international NGOs based in Europe attended the conference. In the light of the forthcoming United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance to be held in South Africa in 2001, the Office of the High Commissioner for Human Rights in Geneva was also represented.

3. The Conference was officially opened His Excellency President TM Mbeki who noted the need to address the white fears and black expectations that have surfaced in the wake of the democratic changes ushered in 1994. He expressed confidence that, as a basis for national dialogue, South Africans had the wisdom, ingenuity and sensitivity to the human condition to overcome racism. Among the keynote speakers was Prof Jakes Gerwel, Prof Patricia J Williams of the USA and Ms Nozipho January-Bardill, who is a member of the UN Committee on the Elimination of Racial Discrimination.

4. Three themes were adopted: The History, Nature and Sources of Racism; The Consequences, Impact and Contemporary Forms of Racism; and Strategies to Combat Racism: The Way Forward. Each theme was elaborated into sub-themes and working groups discussed and debated the sub-themes. The outcome of the sub-themes in the working groups has been consolidated into a report on the themes and has been presented to the Conference.

5. The mood of the conference throughout was engaging. Participants undertook the tasks of the conference with determination and singular resolve. Discussions were frank and honest, sometimes there was anger and passion but the spirit of the conference was sustained throughout. The spirit of listening, of sensitivity and tolerance, of differing views and opinions about the interpretation of history, about the understanding and experiences of racism, about action strategies to eliminate racism and about a vision for the future, prevailed throughout. The character of the conference was one of dialogue, as the slogan directed. Critical to any strategy for dealing with racism, it was widely agreed, was the need to acknowledge the damage done by apartheid, to recognise the effects of that past on contemporary social arrangements and the reality of ongoing racism, direct and indirect, formal and informal, structural or institutional, in South African society.

II - Principles
6. Conference affirms that the practice of racism is both anti-human and constitutes a gross violation of human rights. Racism mutates and re-invents itself according to the prevailing social and historical circumstances. It manifests itself in complex ways, affecting the psychological, social and cultural spheres of life.

7. Conference affirms that all who live here as citizens are, in equal measure, South Africans, with equal responsibility to give content and expression to the founding principles of nationhood as contained in our Constitution. Conference therefore resolves that the task before us is to give effect to the principles and values enshrined in our founding documents and reflected in our history and in the progress towards a just, democratic and equal society.

8. Conference is committed to support all efforts to eliminate racism and gender related discrimination in our society. Conference believes that racism often manifests itself in the discrimination against women so prevalent in South African society.

9. Conference recognises that the establishment of a society free of racism will contribute to the eradication of poverty and the promotion of sustainable human development.

10. Conference acknowledges that economic policies of the past have served to marginalise rural people and their communities and have thus created a reservoir of poverty which has become a contemporary manifestation of racism.

11. Conference recognises the social exclusion and discrimination experienced by people with disabilities. This is to be found in social support systems, institutionally-based care and education facilities. Furthermore, this exclusion is often compounded by racism. Racism continues to manifest itself amongst disabled people due to past apartheid policies.

12. Conference believes that xenophobia may, in certain circumstances, be a manifestation of racism.

13. Conference recognises that with the advent of the new democracy South Africa has had to assume its responsibilities among the community of nations. Among these is the duty and responsibility to provide sanctuary for and express solidarity with the plight of refugees and asylum seekers. Their presence in our country has led to unacceptable levels of xenophobia and intolerance in our communities. Public institutions have a duty to ensure that xenophobia is not tolerated in the implementation of policies, particularly those relating to immigration and crime prevention.

14. Conference endorses the need for affirmative action and corrective measures to promote the achievement of substantive equality and to address the continuing effects of past discrimination and disadvantage.

15. Conference accordingly affirms that the foundation of a society free of racism is the practice of tolerance as a virtue which may be adopted as a way of life as set out in the UNESCO Declaration of Principles on Tolerance (1995). Tolerance, according to the Declaration, is born out of respect of difference and is not threatened by cultural or any other diversity and upholds human rights, democracy and the rule of law as the birthright of all humanity. Tolerance implies accepting that human beings, naturally diverse in their appearance, situation, speech, behaviour, and values are, nonetheless, equal in dignity and worth.

Conference therefore adopts the following Programme of Action:

Ill - Programme of Action
16. That government and parliament are hereby petitioned to declare the period
2001-2010 as the Decade for National Mobilisation against Racism;

17. That 16 December 2000, National Day of Reconciliation, be devoted to activities to promote reconciliation among all the people of South Africa.

18. That SANGOCO and other agents of civil society are urged to establish and spearhead a national antiracism forum which will develop into a movement against racism at all levels of society;

19. That during this International Decade for Human Rights Education (1995-2004), anti-racism education and training be provided in all educational institutions, especially at primary and secondary school levels; that anti-racism training be made available to public service officials and other service providers, such as professionals, business. hospitality as well as leisure and entertainment industries, who interact with the public in the course of their duties;

20. That government should speedily address the question of provision of reparations for victims of racism as recommended by the TRC Report (1998). The issue, however, should be considered holistically taking account of appropriate intervention measures to redress the effects of apartheid.

21. That policies and measures aimed at reducing the disparities in wealth, including land and tenure reform, access to capital, skills and training, be implemented;

22. That, at international level the question of compensation for the nations and peoples who have suffered as a result of slavery, imperialism and colonialism over many centuries, be considered. This matter, however, should be considered together with the need to make adjustments to the world economic order and to address the problem of extreme poverty, particularly in Africa.

23. That inasmuch as the twin evils of racism and patriarchy define social inequality in South Africa on the basis of race and gender, and where the unevenly distributed power relations have resulted in violence against women and children, it is imperative that any strategy against racism must seek to address gender inequality with the same vigour.

24. That the programme of "National Dialogue to Combat Racism" which characterised this National Conference be extended and intensified so as to engage all sectors of society.

25. That government should take immediate steps to ratify outstanding international rights instruments like the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and their Families, the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of the African Court on Human and People's Rights as well as the Statute of Rome on the International Criminal Court.

26. That measures be adopted which would restore and enhance the usage and recognition of diverse cultures, languages and religious extant in our country and
that steps to establish the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities, be speeded up.

27. That research be undertaken to find ways of effectively promoting and deepening respect for traditional lore and cultures of all the people of our country with a view to ensuring and understanding for their search for identity, respect for their cultures and values so that a common nationhood may be forged out of difference and diversity.

28. That transformation in the administration of justice system be accelerated to as to ensure better representivity in the police, the prosecutorial service and the judiciary so that they may better reflect the diversity of cultures and world-views represented in our society, ensure rule by consent, engender popular participation in the justice system and implement measures to provide support for victims of crimes motivated by racism.

29. That with the promulgation of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 the criminal justice system be equipped to enforce provisions to prevent and punish racist offences and that officials in the justice system be trained in race sensitivity and racism awareness.

30. That appropriate social assistance for asylum-seekers and refugees be considered in co-operation with NGOs which would help with their integration into South African society and increase their contribution in skills and expertise towards national development. Conference calls for the development of closer co-operation between government and the National Consortium on Refugee Affairs and the UNHCR in order to co-ordinate and improve service to asylum seekers and refugees.

IV

31. To give effect to the above measures, Conference recommends that the South African Human Rights Commission should develop and adopt a comprehensive national action plan and strategy to combat racism. Such a plan should include amongst other things. indicators of success timeframes and responsibilities and effective monitoring and evaluation systems.

32. All South Africans are urged to give maximum support to the Third World Conference against Racism. Racial Discrimination, Xenophobia and Related Intolerance to be held in South Africa in 2001. to be involved in all preparatory activities and participate fully in all events to mark this international endeavour.

Postamble

As a nation we stand at the threshold of the African Century. This century beckons us towards exciting new possibilities. Outstanding achievements lie in wait for our nation and our Continent. We believe that during this era of the African Renaissance much rests on our shoulders to create a better tomorrow for ourselves and for future generations. Racism negates our collective aspirations and is a counterforce to our common vision.