75 essential dignity of all human beings and has been the subject of the unanimous reproach of the 378 international community , and of an express prohibition in Article 1(1) of the American Convention. 287. Other instruments of international law applicable to the State of Panama contain the 379 principle of non-discrimination, such as the International Covenant on Civil and Political Rights , the 380 Inter-American Democratic Charter , and the American Declaration of the Rights and Duties of Man, the preamble to which notes that “all men are born free and equal, in dignity and in rights” and its Article II provides that “all persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.” Specifically, the International Convention on the Elimination of All Forms of Racial Discrimination – to which the 381 Panamanian State is party – defines discrimination as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life,” and binds the states parties, inter alia, “to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation.” 288. Accordingly, in light of the applicable international law, persons have a fundamental right not to be victims of discrimination on grounds of their ethnic or racial origin. In addition, the states are internationally bound to refrain from engaging in acts of racial discrimination, and to prohibit such discriminatory acts. 289. Indigenous persons and peoples also have fundamental rights to equality and to be free from all forms of discrimination – in particular all forms of racial discrimination based on their ethnic origin. These rights acquire additional specific content in the case of indigenous peoples. The United Nations Declaration on the Rights of Indigenous Peoples establishes at Article 2 that “[i]ndigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity”; and at Article 9 it provides that “[i]ndigenous peoples and individuals have the right to belong to 378 See, among others, United Nations Declaration on the Elimination of All Forms of Racial Discrimination of November 20, 1963 [resolution 1904 (XVIII) of the General Assembly], which solemnly affirms the need to quickly eliminate racial discrimination everywhere in all its forms and manifestations, and to ensure understanding and respect for the dignity of the human person. In addition, the Vienna Declaration and Programme of Action adopted by the UN World Conference on Human Rights on July 12, 1993 establish that: “Respect for human rights and for fundamental freedoms without distinction of any kind is a fundamental rule of international human rights law. The speedy and comprehensive elimination of all forms of racism and racial discrimination, xenophobia and related intolerance is a priority task for the international community. Governments should take effective measures to prevent and combat them. Groups, institutions, intergovernmental and non-governmental organizations and individuals are urged to intensify their efforts in cooperating and coordinating their activities against these evils.” (para. 15.) 379 Article 2(1) of the International Covenant on Civil and Political Rights establishes the obligation of each State Party to respect and ensure to all individuals who are in their territory and subject to their jurisdiction the rights recognized in the Covenant, without any distinction based on race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth, or any other social condition. The United Nations Human Rights Committee has understood that the term “discrimination” entails “…any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms.” UN Human Rights Committee. General Comment No. 18. Non-Discrimination. November 10, 1989. para. 7. Panama ratified the International Covenant on Civil and Political Rights on March 8, 1977. 380 The preamble to the Inter-American Democratic Charter indicates that the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights contain the values and principles of liberty, equality, and social justice that are intrinsic to democracy. In addition, Article 9 of the Charter establishes: “The elimination of all forms of discrimination, especially gender, ethnic and race discrimination, as well as diverse forms of intolerance, the promotion and protection of human rights of indigenous peoples and migrants, and respect for ethnic, cultural and religious diversity in the Americas contribute to strengthening democracy and citizen participation.” 381 Panama ratified it on August 16, 1967.