A/HRC/53/60
20.
While the Special Rapporteur stresses the significance of the Convention to the
material scope of her mandate, she also wishes to highlight that a range of international
human rights treaties provide protection from racial discrimination. Article 2 of the Universal
Declaration of Human Rights contains the provision that everyone is entitled to all the rights
and freedoms set forth in the declaration, without distinction of any kind, such as race or
colour, among others. As the international community marks the seventy-fifth anniversary of
the declaration, the Special Rapporteur highlights the importance of the declaration to her
mandate. She calls upon Member States and other stakeholders to use the anniversary as an
impetus to combat all forms of racism, racial discrimination, xenophobia and related
intolerance.
21.
Other relevant provisions include those set out in article 2 (1) of the International
Covenant on Civil and Political Rights, namely that the rights recognized in the Covenant are
to be respected, without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status. States’
obligations to apply economic, social and cultural rights in a non-discriminatory manner are
outlined in article 2 (2) of the International Covenant on Economic, Social and Cultural
Rights. Similarly, article 2 (1) of the Convention on the Rights of the Child contains the
provision that States parties must respect and ensure the rights set forth in the Convention to
each child within their jurisdiction without discrimination of any kind, irrespective of the
child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political
or other opinion, national, ethnic or social origin, property, disability, birth or other status.
The preamble of the Convention on the Elimination of All Forms of Discrimination against
Women makes clear that all the rights and freedoms enumerated within the Convention must
be recognized without distinction of any kind. It is also emphasized that the eradication of
apartheid, all forms of racism, racial discrimination, colonialism, neocolonialism, aggression,
foreign occupation and domination and interference in the internal affairs of States is
essential to the full enjoyment of the rights of men and women. The Special Rapporteur
recognizes such provisions across different international human rights law instruments and
intends to draw upon them in her work over the coming months and years.
22.
The Special Rapporteur further wishes to highlight the centrality and importance of
the Durban Declaration and Programme of Action and the outcome document of the Durban
Review Conference to the anti-racism efforts of the United Nations and the implementation
of her mandate. The Special Rapporteur considers the follow-up to and implementation of
the Durban Declaration and Programme of Action to be central to the fulfilment of her
mandate and welcomes the reference to these responsibilities in Human Rights Council
resolution 52/36. The Special Rapporteur stresses to Member States that the Durban
Declaration and Programme of Action offers a comprehensive vision and action plan for the
eradication of racial discrimination and the realization of racial equality. It reflects the
intersections between racism and racial discrimination and other forms of discrimination,
including those relating to nationality, migration status, religion and gender, and articulates
the ways in which discrimination on multiple and intersecting grounds shapes the lived
experiences of many of those subjected to racism, racial discrimination, xenophobia and
related intolerance. The Durban Declaration and Programme of Action also contains
comprehensive analysis of the deep-rooted and structural nature of racism and a clear
elucidation of the role of the harmful legacies of colonialism and slavery. While noting that
caste is not referenced in the Durban Declaration and Programme of Action, the Special
Rapporteur recognizes the role that the Durban Conference and the Durban Declaration and
Programme of Action have played in the mobilization of international efforts against castebased discrimination, as recognized as a form of descent-based discrimination under the
International Convention on the Elimination of All Forms of Racial Discrimination. 11 Given
the comprehensiveness and inclusivity of the Durban Declaration and Programme of Action,
the Special Rapporteur regrets attempts to marginalize it and the lack of effective
implementation by Member States. 12 The Special Rapporteur wishes to make clear that the
fulfilment of her mandate will be grounded in the Durban Declaration and Programme of
11
12
6
See Committee on the Elimination of Racial Discrimination, general recommendation No. 29 (2002).
See A/76/434.
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