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international law and institutions. 11 Although rarely treated as such, the Declaration
on the Establishment of a New International Economic Order, adopted in 1974, and
the Declaration on the Right to Development, adopted in 1986, for example, are
instrumental pillars for combating racism, racial discrimination, xenophobia and
related intolerance. Through these instruments, the Assembly recognized and
condemned racial domination rooted in colonialism as part of their call for
international economic and political equity. 12
20. The Expert Mechanism on the Right to Development has recently highlighted
that racial discrimination directly affects development at national and international
levels: “On an international level, racism and racial discrimination can result in the
deprivation of transnational economic opportunities for individuals and of foreign
direct investment and relief from debt for poor countries.” 13
21. The Durban Declaration and Programme of Action is a central pillar of the
broader anti-racism and decolonial framework referenced above. The General
Assembly’s mandate for the Conference – which was the third world conference
against racism – was sweeping. In that mandate, Member States set out several
objectives, including calls to review the political, historical, economic, social,
cultural and other factors leading to racism, racial discrimination, xenophobia and
related intolerance and to formulate concrete recommendations to further actionoriented national, regional and international measures (Assembly resolution 52/111,
para. 28). The specific invocation of historical factors was a significant break from
earlier resolutions containing calls for a conference and in which only contemporary
manifestations of racism had been emphasized. 14
22. Unlike prior world conferences, which had largely failed to include civil society,
the Conference held in 2001 was dominated by broad particip ation of civil society
actors from the beginning. 15 The eventual choice to hold it in Durban, South Africa,
rather than Geneva contributed to that accessibility, as it moved the locus of efforts
out of Europe and to a venue with deep symbolic importance for the global anti-racism
movement – and for people of African descent specifically.
23. The Conference itself saw widespread buy-in from States, United Nations
entities and non-governmental actors. More than 4,000 representatives of
non-governmental organizations (NGOs) were accredited to participate in the official
conference, and the parallel NGO Forum, also held in Durban, hosted more than 7,000
representatives. In all, 163 States were represented, with 16 Heads of State, 58 foreign
ministers and 2,300 other delegates. Altogether, the Office of the United Nations High
Commissioner for Human Rights (OHCHR) estimated that 18,800 people had
assembled in Durban to participate in the Conference. 16
24. Of course, the Durban Declaration and Programme of Action i s not the final
word on racism, racial discrimination, xenophobia and related intolerance. But it is a
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Steven L. B. Jensen, The Making of International Human Rights (Cambridge, United Kingdom of
Great Britain and Northern Ireland, Cambridge University Press, 2016), pp. 54 –56.
Declaration on the Establishment of a New International Economic Order, paras. 1 and 4 (h) –(i);
and Declaration on the Right to Development, art. 5.
A/HRC/EMRTD/3/CRP.2, para. 9. Available at www.ohchr.org/Documents/Issues/Development/
EMD/Session3/A_HRC_EMRTD_3_CRP.2.pdf.
J. A. Lindgren Alves, “The Durban conference against racism and everyone’s responsibilities”,
University of San Francisco Law Review, vol. 37, No. 4 (2002), pp. 978–979.
Accredited non-governmental organizations “were able to participate in virtually all of the
preparatory processes as observers, offering them important political opportunities to encourage
States to include civil society recommendations in the draft texts”. Corinne Lennox, “Reviewing
Durban: examining the outputs and review of the 2001 World Conferen ce against Racism”,
Netherlands Quarterly of Human Rights, vol. 27, No. 2 (June 2009), p. 199.
Ibid., p. 200.
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