WCAR Outcomes on Anti-Discrimination Law and Practice - Summary
The Conference emphasised the need to strengthen anti-discrimination legislation (PoA 68, 163) with a view, in particular, to ensuring access to an effective remedies by all victims of racism and discrimination (Declaration para 104; PoA 91, 160-2, 164, 165).
National human rights institutions need to be strengthened, provided with adequate resources and supported in other ways by the State (Declaration para 112; PoA 90, 91).
Legislation or administrative provisions which themselves give rise to racial discrimination should be repealed (PoA 70).
National legislation
National anti-discrimination legislation should specifically prohibit both direct and indirect discrimination and provide effective remedies, including judicial remedies and remedies through a national human rights institution (PoA 163) whose independence is assured (Declaration para 112; PoA 163). The national human rights institution should be empowered to protect complainants against intimidation and harassment (PoA 164 (e). Penalising discriminators, conciliation and restorative justice should be explored and seriously considered (PoA 164 (e), (g), (h)).
Legislation is also needed to prohibit the dissemination of ideas based on racial superiority or hatred (Declaration para 86), to deal with racist organisations (Declaration 87) and to deter the emergence of racist ideologies (PoA 86). States were urged to implement legal sanctions when racial hatred is incited through new technologies including the Internet (PoA 145).
Effective remedies
Victims of racism and racial discrimination should:
- be assured of
access to justice
- have access to
information about available procedures and remedies
- have legal assistance,
including legal aid, where appropriate
- have the assistance
of an interpreter where appropriate
- have the support
and assistance of an NGO if possible
- be protected
against victimisation because they have complained
- have the right
to seek just and adequate reparation or satisfaction
- be enabled to participate fully in the national human rights institution of the country.
Inquiries, investigations, conciliation and adjudications should be carried out as rapidly as possible (PoA 164(c), (g), 165).
Effective programs need to be designed to enable the most vulnerable groups to access the legal system (PoA 164(f)), to prevent the repetition of discriminatory acts (PoA 166) and to promote the national or ethnic, cultural, religious and linguistic identity of minorities (PoA 172).
Prepared by the Race Discrimination Unit, HREOC.
