A/HRC/14/43/Add.3 citizens, subject to the limits laid down by law”; and according to article 34, “Every citizen is free to choose his own occupation, profession or trade, subject to the limits laid down by law and having due regard for the legislation regulating certain professions and trades.” 16. International human rights law makes it clear that only a limited number of rights may be made dependent on citizenship, including the right to enter and reside permanently within the territory of a State and the right to be protected by the State when one is outside its territory. Moreover, in its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee on the Elimination of Racial Discrimination recalled that although some rights, such as the rights to participate in elections, to vote and to stand for election, may be confined to citizens, human rights are, in principle, to be enjoyed by all persons. Differential treatment based on citizenship or immigration status will therefore constitute discrimination if the criteria for such differentiation are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim. 17. Consequently and in line with the recent concluding observations of the Committee on the Elimination of Racial Discrimination,3 the Special Rapporteur would like to strongly recommend that the aforementioned constitutional provisions relating to, inter alia, safety, security, equality of opportunity, medical care, non-discrimination before the law, personal freedom, freedom of movement as well as the right to chose one’s occupation, trade or profession, be equally guaranteed to non-citizens. It is indeed of crucial importance in a country like the United Arab Emirates where non-citizens represent the vast majority of the population, that all individuals enjoy the same human rights without discrimination. B. Specific legislation prohibiting racism, racial discrimination, xenophobia and related intolerance 18. While the Constitution contains provisions referring to the human rights principles of equality and non-discrimination,4 the Special Rapporteur was informed during his mission that there is no specific legislation prohibiting racism, racial discrimination, xenophobia and related intolerance in the United Arab Emirates. The Government conveyed its views that existing legislation, including the Federal Act No. 2 of 2008 concerning public welfare associations and institutions and the Federal Printing and Publications Act No. 15 of 1980, were sufficient to prevent and combat racism. In response to questions raised by the Special Rapporteur, the Government nonetheless alluded to the possibility to compile in the future all relevant provisions and to enact one consolidated legislative act relating to racism. There are however no concrete proposals being currently discussed by the authorities. 19. In this context, the Special Rapporteur would like to refer to paragraph 68 of the Durban Programme of Action which urges States “to adopt and implement, or strengthen, national legislation and administrative measures that expressly and specifically counter racism and prohibit racial discrimination, xenophobia and related intolerance, whether direct or indirect, in all spheres of public life, in accordance with their obligations under the International Convention on the Elimination of All Forms of Discrimination”. 20. In addition, the Special Rapporteur would like to recall that in accordance with article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties “[s]hall declare an offence punishable by law all 3 4 GE.10-12576 See CERD/C/UAE/CO/17, para. 11. These principles, which are embodied in articles 14 and 25 of the Constitution, seem nonetheless to apply only to citizens of the United Arab Emirates. 7