ANNEXES
ment of national institutions to facilitate the implementation
of the Convention,
Emphasizing the need to strengthen further the implementation of the Convention,
1. Recommends that States Parties establish national commissions or other appropriate bodies, taking into account, mutatis
mutandis, the principles relating to the status of national institutions annexed to Commission on Human Rights resolution
1992/54 of 3 March 1992, to serve, inter alia, the following
purposes:
(a) To promote respect for the enjoyment of human rights
without any discrimination, as expressly set out in article 5 of
the International Convention on the Elimination of All Forms
of Racial Discrimination;
(b) To review government policy towards protection against
racial discrimination;
(c) To monitor legislative compliance with the provisions of
the Convention;
(d) To educate the public about the obligations of States Parties under the Convention;
(e) To assist the Government in the preparation of reports submitted to the Committee on the Elimination of Racial Discrimination;
2. Also recommends that, where such commissions have been
established, they should be associated with the preparation of
reports and possibly included in government delegations in
order to intensify the dialogue between the Committee and the
State Party concerned.
General Recommendation XVIII on the establishment of
an international tribunal to prosecute crimes against
humanity (44th session, 1994)
The Committee on the Elimination of Racial Discrimination,
Alarmed at the increasing number of racially and ethnically
motivated massacres and atrocities occurring in different
regions of the world,
Convinced that the impunity of the perpetrators is a major factor contributing to the occurrence and recurrence of these
crimes,
Convinced of the need to establish, as quickly as possible, an
international tribunal with general jurisdiction to prosecute
genocide, crimes against humanity and grave breaches of the
Geneva Conventions of 1949 and the Additional Protocols of
1977 thereto,
Taking into account the work already done on this question by
the International Law Commission and the encouragement
given in this regard by the General Assembly in its resolution
48/31 of 9 December 1993,
Also taking into account Security Council resolution 872
(1993) of 25 May 1993 establishing an international tribunal
for the purpose of prosecuting persons responsible for serious
violations of international humanitarian law committed in the
territory of the former Yugoslavia,
1. Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide,
crimes against humanity, including murder, extermination,
enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave
breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;
2. Urges the Secretary-General to bring the present recommendation to the attention of the competent organs and bodies of
the United Nations, including the Security Council;
3. Requests the High Commissioner for Human Rights to
ensure that all relevant information pertaining to the crimes
referred to in paragraph 1 is systematically collected by the
Centre for Human Rights so that it can be readily available to
the international tribunal as soon as it is established.
General Recommendation XIX on Article 3 of the Convention (47th session, 1995)
1. The Committee on the Elimination of Racial Discrimination calls the attention of States Parties to the wording of article 3, by which States Parties undertake to prevent, prohibit
and eradicate all practices of racial segregation and apartheid
in territories under their jurisdiction. The reference to
apartheid may have been directed exclusively to South Africa,
but the article as adopted prohibits all forms of racial segregation in all countries.
2. The Committee believes that the obligation to eradicate all
practices of this nature includes the obligation to eradicate the
consequences of such practices undertaken or tolerated by previous Governments in the State or imposed by forces outside
the State.
3. The Committee observes that while conditions of complete
or partial racial segregation may in some countries have been
created by governmental policies, a condition of partial segregation may also arise as an unintended by-product of the
actions of private persons. In many cities residential patterns
are influenced by group differences in income, which are sometimes combined with differences of race, colour, descent and
national or ethnic origin, so that inhabitants can be stigmatized
and individuals suffer a form of discrimination in which racial
grounds are mixed with other grounds.
4. The Committee therefore affirms that a condition of racial
segregation can also arise without any initiative or direct
involvement by the public authorities. It invites States Parties
to monitor all trends which can give rise to racial segregation,
to work for the eradication of any negative consequences that
ensue, and to describe any such action in their periodic
reports.
General Recommendation XX on non-discriminatory
implementation of rights and freedoms (Article 5)
(48th session, 1996)
1. Article 5 of the Convention contains the obligation of States
Parties to guarantee the enjoyment of civil, political, economic, social and cultural rights and freedoms without racial dis-
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