A/55/280
V. Contribution to the World
Conference against Racism, Racial
Discrimination, Xenophobia and
Related Intolerance
107. Pursuant to resolution 1999/78 on racism, racial
discrimination, xenophobia and related intolerance and
resolution 1999/39 on the implementation of the
Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or
Belief, the Special Rapporteur was invited to
participate actively in the preparatory process for the
World
Conference
against
Racism,
Racial
Discrimination, Xenophobia and Related Intolerance
by formulating recommendations concerning religious
intolerance that would have a bearing on the
Conference and by initiating studies.
108. To that end, he undertook a first study entitled
“Racial discrimination and religious discrimination:
identification and measures”, the preparation of which
was announced at the fifty-sixth session of the
Commission on Human Rights.
109. In the above-mentioned resolution 2000/33, the
Commission noted that the Special Rapporteur has
undertaken a study on religious discrimination and
racism and looks forward to its presentation at the first
session, to be held in May 2000, of the Preparatory
Committee for the World Conference and encourages
the Special Rapporteur to contribute further to the
preparations for the Conference, to be held in 2001, by
forwarding to the United Nations High Commissioner
for Human Rights his recommendations on religious
intolerance which have a bearing on the Conference.
110. From 1 to 5 May 2000, the Special Rapporteur
participated in the Preparatory Committee for the
Conference and, in particular, submitted his study
(A/CONF.189/PC.1/7).
111. In it, he explains that when the right to freedom
of religion and the right to belong to an ethnic group or
to a minority are infringed in the case of a single
person or group of persons, the violation is not just a
superimposition or ordinary addition of offences or
discriminations. It is not just a question of multiple
offences. The combination of the two offences creates
a new, more serious, offence — an aggravated
discrimination — which, while of varying intensity, is
by its very nature a separate concept.
112. On the basis of the legal and factual elements of
the issue of religious discrimination aggravated by
racial discrimination, the Special Rapporteur draws the
following preliminary conclusions:
(a) None of the international instruments
studied contains any special provisions establishing a
specific legal regime or special treatment covering acts
of aggravated discrimination, particularly those that
affect minorities;
(b) Nevertheless, a study of the various
provisions leads to the conclusion that there is a body
of sufficiently well-established rules and a set of
principles shared by all the nations and all the States
members of the international community, which
suggests an openness to theoretical acceptance of a
right to freedom from aggravated discrimination;
(c) Minorities are sometimes granted specific
rights under the internal legislation and even under the
Constitution. Yet, many forms of discrimination,
particularly those relating to religion, are directly or
indirectly enshrined in those Constitutions and affect
ethnic groups in particular;
(d) A study of the facts has shown that the
overlap between racial and religious discrimination is a
common phenomenon that is especially grave and often
has very tragic consequences;
(e) The instruments studied would appear to be
out of phase with reality. At any rate, they do not
appear to accept the full consequences of their own
recognition of the links between race and religion.
113. The Special Rapporteur therefore recommends:
A. Strengthening protection against aggravated
discrimination
114. International protection. It seems clear that
legislative provisions, whatever their nature or origin,
should anticipate and take into account the possibility
of aggravated discrimination. The first step in
strengthening international protection is to consolidate
existing means and mechanisms. The international
community’s work could be reinforced by adopting the
following measures:
(a) Existing instruments should anticipate the
possibility of aggravated discrimination. It might be
useful to begin working within the framework of
existing mechanisms towards, for example, the
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