DRAFT INTER-AMERICAN CONVENTION AGAINST RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE

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AG/RES. 2677 (XLI-O/11)  

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(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,

            HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.5217/11);

            RECALLING the content of resolutions AG/RES. 1712 (XXX-O/00) and AG/RES. 1774 (XXXI-O/01), “Preparation of a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; AG/RES. 1905 (XXXII-O/02), AG/RES. 1930 (XXXIII-O/03), AG/RES. 2038 (XXXIV-O/04), and AG/RES. 2126 (XXXV-O/05), “Prevention of Racism and All Forms of Discrimination and Intolerance and Consideration of the Preparation of a Draft Inter-American Convention”; AG/RES. 2168 (XXXVI-O/06), “Combating Racism and All Forms of Discrimination and Intolerance and Consideration of the Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; AG/RES. 2276 (XXXVII-O/07), “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; AG/RES. 2367 (XXXVIII-O/08), “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; and AG/RES. 2501 (XXXIX-O/09), “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,” and AG/RES. 2606 (Xl-O/10) “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance;”

REAFFIRMING the principles of equality and nondiscrimination and recognizing that human diversity is a cherished asset for the advancement and welfare of humanity at large;

FIRMLY REITERATING the most resolute commitment of the Organization of American States to the eradication of racism and of all forms of discrimination and intolerance and their conviction that such discriminatory attitudes are a negation of such universal values as the inalienable and infrangible rights of the human person and the purposes, principles, and guarantees enshrined in the Charter of the Organization of American States, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, the Universal Declaration of Human Rights, the Inter-American Democratic Charter, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Universal Declaration on the Human Genome and Human Rights;

TAKING NOTE of the commemoration in 2010 of the International Year for People of African Descent in accordance with United Nations General Assembly resolution A/RES/64/169 "International Year for People of African Descent;" as well as of the mandate of the OAS General Assembly contained in resolution AG/RES. 2550 (XL-O/10), “Recognition of the International Year for People of African Descent” and, in keeping with the latter, the holding on March 15, 2011, of the Special Meeting of the Permanent Council of the Organization to celebrate the International Year for People of African Descent; and of other associated activities in the framework of the OAS;

OBSERVING with concern that there are still a considerable number of human beings in our Hemiphere who are still victims of longstanding and contemporary manifestations of racism, discrimination, and intolerance;

ACKNOWLEDGING the significant contributions made by Member States, OAS organs, agencies, and entities, other agencies of the United Nations, civil society organizations and other organizations, in regards to the on-going process of negotiations; and

            HAVING PARTICULAR REGARD to the Report of Activities During the 2010-2011 Term, as presented by the Chair of the Working Group to Prepare a Draft Inter-American Convention Against Racism and all Forms of Discrimination and Intolerance to the Committee on Juridical and Political Affairs (CAJP/GT/RDI-174/11 rev. 5),

RESOLVES:

            1.         To reaffirm the will and the most resolute commitment of the member states to continue making efforts in the preparation and negotiation of such legally binding instruments as may be necessary to address the scourges of racism, racial discrimination, and all other forms of discrimination and intolerance.

2.                   To instruct the Permanent Council to extend the mandate of the Working Group of the Committee on Juridical and Political Affairs and to entrust it with the preparation of legally binding instruments with due consideration of a convention against racism and racial discrimination, as well as an optional protocol or protocols that would, in addition, address all other forms of discrimination and intolerance, in accordance with the work plan and methodology that is adopted, taking into account, where possible, the progress set forth in document CAJP/GT/RDI-57/07 rev. 13, “Consolidated Document: Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,” and to continue the negotiations based on said instruments.  For such purposes and in order to receive additional contributions, the Working Group will consider convening a special meeting, at an appropriate time during the 2011-2012 term, with the participation of government experts and representatives of Member States, specialized organizations of the Inter-American System and other regional systems, the United Nations specialized agencies and nongovernmental organizations.

3.                   To instruct that the preparation, negotiation, and approval of the final drafts of said legal instruments are done simultaneously and concurrently, so as to ensure a comprehensive and coherent treatment of the scourges of racism, discrimination, and intolerance in the Hemisphere.

4.                   To instruct that this process, continues to promote contributions from member states; organs, agencies, and entities of the Organization of American States (OAS), taking into account the Inter-American Institute of Human Rights; the United Nations; and regional organizations; to urge those bodies to continue sending their written contributions to the Working Group for consideration; and, pursuant to the Guidelines for Participation by Civil Society Organizations in OAS Activities, contained in Permanent Council resolution CP/RES. 759 (1217/99), to request the Working Group to continue to receive contributions from groups in vulnerable situations and from interested civil society organizations.

5.                   To renew the mandates to the Justice Studies Center of the Americas (JSCA) and the Inter-American Commission on Human Rights (IACHR), as set forth in paragraphs 5, 7, and 8 of resolution AG/RES. 2168 (XXXVI-O/06).

6.                   To request the General Secretariat to continue to provide support to the Working Group’s activities, through the Executive Secretariat of the IACHR and the Department of International Law of the Secretariat for Legal Affairs.

7.                   To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution, the implementation of which shall be subject to the financial resources available in the Program-Budget of the Organization and other resources.

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[1].             Canada recalls its previous decision to formally withdraw from the negotiations of a Draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance as outlined …

[2].             The United States reserves on all references in the resolution to the negotiation of any legally binding instrument to combat racism, racial discrimination and other forms of discrimination or intolerance …

[3].             Ecuador, as it has already stated formally, reiterates its permanent, firm, and definite commitment toward combating racism and all forms of discrimination and intolerance. Similarly, it has also …

Organization of American States (OAS) adopts resolution on peoples of African descent

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AG/RES. 2693 (XLI-O/11)

RECOGNITION AND PROMOTION OF THE RIGHTS OF PEOPLE OF AFRICAN DESCENT 

IN THE AMERICAS

           THE GENERAL ASSEMBLY

RECALLING resolution AG/RES. 2550 (XL-O/10), “Recognition of the International Year for People of African Descent,” which recognizes United Nations General Assembly resolution 64/169 that proclaims 2011 the International Year for People of African Descent; and the special meeting of the Permanent Council of the Organization of American States (OAS), held on March 15, 2011, to commemorate the International Year for People of African Descent; and

BEARING IN MIND:

That the Charter of the Organization of American States establishes as one of the principles of the Organization recognition of the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

That the American Declaration of the Rights and Duties of Man establishes that all men are born free and equal, in dignity and in rights, without distinction as to race, sex, language, creed or any other; and

That the Inter-American Democratic Charter proclaims that respect for ethnic, cultural, and religious diversity in the Americas contributes to strengthening democracy and citizen participation;

That in February 2005, in recognition of the racial discrimination that persists against persons of African descent in the Americas, the Inter-American Commission on Human Rights (IACHR) established a Special Rapporteurship on the Rights of Persons of African Descent and on Racial Discrimination, in order to promote the recognition and the rights of those persons;

RECALLING the relevant provisions on people of African descent contained in the declarations of the Summits of the Americas, as well as in the Declaration of the Regional Conference of the Americas (Preparatory Meeting for the Third World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance), held in Santiago, Chile, in 2000; and the Latin American and Caribbean conference preparatory to the Durban Review Conference, held in Brasilia, 2008;

RECALLING FURTHER the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in 1993, and the Durban Declaration and Programme of Action, adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001; and the Durban Review Conference, held in Geneva in 2009;

REAFFIRMING the firm commitment of the member states to confront, through various mechanisms, the scourge of racism, discrimination, and intolerance in their societies as a problem that affects society in general;

TAKING NOTE of the efforts of member states to move forward with the drafting of a “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”;

CONSIDERING that countries of Africa and the Americas, in the framework of bilateral and multilateral forums, have committed themselves to encourage regional and interregional initiatives to promote democracy, human rights, the rule of law, and the eradication of poverty, hunger, inequality, and social exclusion through the exchange of experiences among their regional organizations and subregional organizations, including the African Union and the Organization of American States (OAS), in matters of strengthening democracy and integral development at regional and interregional levels,

RESOLVES:

1.                   To reaffirm the importance of the full, free, and equal participation of people of African descent in all aspects of political, economic, social, and cultural life in the countries of the Americas.

2.         To take note of the work of the Inter-American Commission on Human Rights and its Rapporteurship on the Rights of Afro-descendants and against Racial Discrimination, as well as the work of the General Secretariat that seeks to promote and protect the rights of persons of African descent in the member states.

3.         To condemn the practices of racism, discrimination, and intolerance, of which people of African descent in the Hemisphere are victims, and to urge states to take necessary measures to address and combat those practices.

4.         To reiterate the instructions given to the Permanent Council through resolution AG/RES. 2550 (XL-O/10) to convene a second special meeting on cooperation between the Americas and Africa, with the participation of the African diplomatic corps and representatives of the African Union Commission as well as Organization of American States (OAS) permanent representatives.

5.         To instruct the Permanent Council to include on its agenda, prior to the forty-second regular session of the General Assembly, the issue of people of African descent in the Americas.

6.         To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution.

7.         That the execution of the activities envisaged in this resolution shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

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