RES/7/34 Mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

Human Rights Council

Resolution 7/34. Mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

The Human Rights Council,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15

March 2006,

Reaffirming the relevant international human rights instruments, in particular

the International Convention on the Elimination of All Forms of Racial

Discrimination, proclaimed by the General Assembly in its resolution 2106 (XX) of

20 December 1965,

Underlining the importance of the Durban Declaration and Programme of

Action adopted by the World Conference against Racism, Racial Discrimination,

Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, and

emphasizing that this outcome constitutes a solid foundation for the elimination of all

scourges and manifestations of racism, racial discrimination, xenophobia and related

intolerance,

Reaffirming all the previous resolutions and decisions of the General

Assembly, the Commission on Human Rights and the Council on the elimination of

racism, racial discrimination, xenophobia and related intolerance,

Expressing concern at the increase in racist violence and xenophobic ideas in

many parts of the world, in political circles, in the sphere of public opinion and in

society at large, as a result, inter alia, of resurgent activities of associations established

on the basis of racist and xenophobic platforms and charters, and the persistent use of

those platforms and charters to promote or incite racist ideologies,

Stressing the need for maintaining continued political will and momentum at

the national, regional and international levels, in order to combat racism, racial

discrimination, xenophobia and related intolerance, taking into account the

commitments enshrined in the Durban Declaration and Programme of Action, and

recalling the importance of enhancing national action and international cooperation to

this end,

Emphasizing the urgency, more than ever, to combat and end impunity for acts

of racism, racial discrimination, xenophobia and related intolerance, and to enable all

relevant human rights mechanisms to pay attention to this issue so as to prevent the

recurrence of such acts,

Recalling Council resolutions 5/1 on institution-building of the United Nations

Human Rights Council and 5/2 on the Code of Conduct for Special Procedures

Mandate-holders of the Human Rights Council, of 18 June 2007, and stressing that the

mandate-holder shall discharge his/her duties in accordance with these resolutions and

the annexes thereto,

1. Welcomes the work and contribution of the Special Rapporteur on

contemporary forms of racism, racial discrimination, xenophobia and related

intolerance, including activities undertaken to date in raising awareness and

highlighting the plight of the victims of racism, racial discrimination, xenophobia and

related intolerance and its contemporary manifestations;

2. Decides to extend the mandate of the Special Rapporteur on

contemporary forms of racism, racial discrimination, xenophobia and related

intolerance for a period of three years, to gather, request, receive and exchange

information and communications with all relevant sources, on all issues and alleged

violations falling within the purview of his/her mandate, and to investigate and make

concrete recommendations, to be implemented at the national, regional and

international levels, with a view to preventing and eliminating all forms and

manifestations of racism, racial discrimination, xenophobia and related intolerance,

focusing, inter alia, on the following issues:

(a) Incidents of contemporary forms of racism and racial discrimination

against Africans and people of African descent, Arabs, Asians and people of Asian

descent, migrants, refugees, asylum-seekers, persons belonging to minorities and

indigenous peoples, as well as other victims included in the Durban Declaration and

Programme of Action;

(b) Situations where the persistent denial of individuals belonging to

different racial and ethnic groups of their recognized human rights, as a result of racial

discrimination, constitutes gross and systematic violations of human rights;

(c) The scourges of anti-Semitism, Christianophobia, Islamophobia in

various parts of the world, and racist and violent movements based on racism and

discriminatory ideas directed at Arab, African, Christian, Jewish, Muslim and other

communities;

(d) Laws and policies glorifying all historic injustices and fuelling

contemporary forms of racism, racial discrimination, xenophobia and related

intolerance and underpinning the persistent and chronic inequalities faced by racial

groups in various societies;

(e) The phenomenon of xenophobia;

(f) Best practices in the elimination of all forms and manifestations of

racism, racial dissemination, xenophobia and related intolerance;

(g) Follow-up to the implementation of all relevant paragraphs of the

Durban Declaration and Programme of Action and the promotion of the establishment

of national, regional and international mechanisms to combat racism, racial

discrimination, xenophobia and related intolerance;

(h) The role of human rights education in promoting tolerance and the

elimination of racism, racial discrimination, xenophobia and related intolerance;

(i) Respect for cultural diversity as a means to prevent racism, racial

discrimination, xenophobia and related intolerance;

(j) Incitement to all forms of hatred, taking into account article 20,

paragraph 2, of the International Covenant on Civil and Political Rights, and instances

of racially motivated hate speech, including the dissemination of ideas of racial

superiority or that incite racial hatred, taking into account article 4 of the International

Convention on the Elimination of All Forms of Racial Discrimination, article 19 of

the International Covenant on Civil and Political Rights and general comment No. 15

of the Committee on the Elimination of All Forms of Racial Discrimination, which

states that the prohibition of the dissemination of all ideas based upon racial

superiority or hatred is compatible with the freedom of opinion and expression;

(k) The sharp increase in the number of political parties and movements,

organizations and groups which adopt xenophobic platforms and incite hatred, taking

into account the incompatibility of democracy with racism;

(l) The impact of some counter-terrorism measures on the rise of racism,

racial discrimination, xenophobia and related intolerance, including the practice of

racial profiling and profiling on the basis of any grounds of discrimination prohibited

by international human rights law;

(m) Institutional racism and racial discrimination;

(n) The efficiency of the measures taken by Governments to remedy the

situation of victims of racism, racial discrimination, xenophobia and related

intolerance;

(o) Impunity for acts of racism, racial discrimination, xenophobia and

related intolerance, and maximizing remedies for the victims of these violations;

3. Requests the Special Rapporteur, in the discharge of his/her mandate:

(a) To develop a regular dialogue and discuss areas of possible

cooperation with Governments and all relevant actors concerning issues pertaining to

his/her mandate, and to provide technical assistance or advisory services at the request

of the concerned States;

(b) To play a role of advocacy and to engage in the mobilization of

political will with all relevant actors in States for the elimination of racism, racial

discrimination, xenophobia and related intolerance;

(c) To coordinate, as appropriate, with other relevant bodies and

mechanisms of the United Nations;

(d) To integrate a gender perspective throughout the work of his/her

mandate, highlighting women’s rights and reporting on women and racism;

(e) To report regularly to the Council and the General Assembly;

4. Requests also the Special Rapporteur to continue his/her exchange of

views and consultation, while avoiding unnecessary duplication, with the relevant

mechanisms and treaty bodies within the United Nations system, in particular on the

issues referred to in subparagraphs (c), (g) and (j) of paragraph 2 above, in order to

further enhance their effectiveness and mutual cooperation;

5. Requests all Governments to cooperate fully with the Special

Rapporteur in the discharge of his/her mandate, including by responding promptly to

the Special Rapporteur’s communications, including urgent appeals, and by providing

the information requested;

6. Urges all Governments to seriously consider responding promptly and

favourably to the requests of the Special Rapporteur to visit their countries, including

follow-up visits;

7. Requests the Secretary-General and the United Nations High

Commissioner for Human Rights to provide all the necessary human, technical and

financial assistance to the Special Rapporteur for the effective fulfilment of his/her

mandate.

42nd meeting 28 March 2008

Adopted without a vote.