A/71/301
more emphasis will be given to the role of national specialized bodies in the present
report.
14. For the preparation of the present report, the Special Rapporteur sent to
Member States, networks of national specialized bodies and other relevant
stakeholders a questionnaire on their national action plans and their specialized
equality bodies, seeking information on how the two mechanisms are related and
work with each other and their effectiveness in combating racism, xenophobia and
related discrimination. As at 31 July 2016, replies had been received from the
following Member States: Bolivia (Plurinational State of), Denmark, Greece,
Kyrgyzstan, Lebanon, Mexico, Mauritania, Namibia, Qatar, Saudi Arabia, Serbia,
Slovakia, Slovenia, South Africa and Turkey. 4 The Special Rapporteur wishes to
thank all States that sent their replies, from which he draws some of the examples
mentioned in the present report, and remains interested in receiving additional
information, although it may not be incorporated into the present report.
B.
Normative and legislative framework
15. The Special Rapporteur notes that the creation of national specialized b odies
in national legislation is encouraged, not only at the international level, but also at
the regional level, in a number of legislative instruments.
1.
International level
International Convention on the Elimination of All Forms of Racial Discr imination
16. In article 14 (2) of the International Convention on the Elimination of All
Forms of Racial Discrimination, it is stated that: “Any State Party which makes a
declaration … may establish or indicate a body within its national legal order whi ch
shall be competent to receive and consider petitions from individuals and groups of
individuals within its jurisdiction who claim to be victims of a violation of any of
the rights set forth in this Convention and who have exhausted other available local
remedies.”
Durban Declaration and Programme of Action (2001)
17. The Special Rapporteur recalls that in paragraph 113 of the Durban
Declaration, adopted by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance on 8 September 2001, support
was reaffirmed for relevant regional bodies where they exist and their establishment
was encouraged. In paragraph 90 of the Programme of Action, States were urged “as
appropriate, to establish, strengthen, review and reinforce the effectiveness of
independent national human rights institutions, particularly on issues of racism,
racial discrimination, xenophobia and related intolerance ”. Moreover, the
Programme of Action goes beyond the creation of national specialized bodies, since
States are urged in paragraph 91 thereof “to foster cooperation between these
institutions and other national institutions”, “to take steps to ensure that those
individuals or groups of individuals who are victims of racism, racial discrimination,
xenophobia and related intolerance can participate fully in these institutions”, and
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4
16-13565
The Special Rapporteur regrets that he was not able to review a ll submissions owing to late
replies and delays relating to translation from United Nations conference services.
5/21