A/HRC/42/58
that purpose. In addition Algeria promoted inclusion, equality and the acceptance of
differences by education.
79.
The representative of Pakistan stated that the country was promoting equal rights for
all citizens. Several articles in the Constitution addressed discrimination and prohibited it
on all grounds. The country’s population was diverse and the value of diversity was
essential to the country. Pakistan had consistently condemned all forms of discrimination
and promoted understanding among all sectors of the population.
80.
The representative of India noted that the Constitution of India provided an overall
framework to achieve equality of opportunity to all its citizens and persons alike. Articles
14, 15, 16 and 18 of the Constitution of India were the key provisions that guaranteed
equality and non-discrimination For instance, Article 14 of the Constitution of India stated:
“The State shall not deny to any person equality before the law and equal protection of laws
within the territory of India.” Article 15 (1) said, “The State shall not discriminate against
any citizen on grounds of religion, race, sex, place of birth or any of them” Again Article
16 (1) stated, “There shall be equality of opportunity of all citizens in matters relating to
employment of appointment to any office under the State”.
81.
In the context of private sector employment, India had a comprehensive action plan
that would address discrimination and harassment at the work place. The Indian judiciary
had taken a pro-active approach to protect employees in the instances of discrimination and
harassment by any employer At work places, most new-age employers comprehensively
covered all general discrimination and harassment issues as part of their internal policies
Specific laws were for example: Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 which was a notable statute that would ensure nondiscrimination and protection of women from being harassed at the workplace.
82.
Further, many private workplaces in India had already ensured as a matter of their
internal policy, free and fair access to their employees having disabilities In a recent
decision of the Indian judiciary, it had been noted that a company had the duty to treat all
persons with disabilities with dignity and respect, and any discrimination against or
harassment of such persons with disabilities shall result in a fine imposed on or other action
being taken against the company.
83.
He noted that India was one of the first countries that had signed and ratified the
International Convention on the Elimination of All Forms of Racial Discrimination Having
extensive Constitutional provisions and other legislations in place, India was fully
committed to ensure the effective implementation of international obligations under ICERD
The national legal and policy framework, therefore, aimed at achieving equality and nondiscrimination was based on three pillars: (i) Expansion of the safety net; (ii) Positive duty
of practising diversity in the society; and (iii) Remedial measures.
84.
India also recognized the effectiveness of the Durban Declaration and Programme of
Action It was a notable achievement by the international community aimed at developing
international standards to strengthen and update international instruments against racism,
racial discrimination and xenophobia in all its aspects. In fact, the Durban Declaration
explicitly called upon States to design, implement and enforce effective measures to
eliminate this phenomenon.
85.
The representative of Cuba suggested that the Office of the High Commissioner for
Human Rights should increase its support to anti-discrimination. The Cuban delegate than
stated that the new Constitution that was adapted on 24 February 2019 held that all Cubans
had equal rights without any distinction on any grounds. In a next step Cuba would adapt
all existing laws to be coherent with the constitution.
86.
The representative of South Africa stated that the country had enshrined nondiscrimination and equality in its constitution. There were various acts that were enacted
during the post-Apartheid area that built on the Constitution. “The Promotion of access to
information” act, was one of those pieces of legislation. It provided that any citizen had
access to information held by government. Another legislation regulated the promotion of
administrative justice. South Africa had also enacted an act to promote equality and to
prohibit unfair discrimination. Recently South Africa had elaborated a national action plan
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