E/CN.4/1994/66
page 7
34.
Subsequently, in considering these issues, it is necessary to foster a
comprehensive, broad and multidimensional approach. Thus defined, the
problems as a whole, as well as the methodology, should encompass the world’s
populations and different regions as a whole as specific units or sectors. If
special mention is made of the developed countries, it is no less important
for consideration of the question to extend to the other continents or
cultural regions.
35.
A dual methodological approach could be adopted, comprising two aspects:
a factual aspect and a theoretical and conceptual aspect, which would comprise
the legal dimension.
36.
The mandate established by resolution 1993/20 is consistent with the
special thematic procedures; the methodology to be applied would be more
or less similar to that followed by other thematic rapporteurs. The
Special Rapporteur has had an opportunity to examine the methods of work
adopted by the other rapporteurs and has also taken note of the Joint
Declaration of the Independent Experts Responsible for the Special Procedures
for the Protection of Human Rights (Vienna, June 1993), which summarizes the
scope and objectives of special procedures. Consequently, the Special
Rapporteur is of the view that it is desirable to examine thoroughly all
aspects of relevance to the methods of work adopted by the special rapporteurs
within the framework of their respective mandates.
37.
Accordingly, it is desirable to study the cases, and thus the facts or
phenomena that have been recorded through the appropriate channels, such as
surveys addressed to Governments, NGOs, sister institutions of the
United Nations System, or as a result of research carried out by the Centre
(by means of field missions, through scientific publications or through
reliable information collected by the media.)
38.
The procedure for considering communications will be more or less similar
to that used in other thematic procedures. The basic method of work for these
procedures consists in the Special Rapporteur transmitting information or case
summaries concerning alleged violations to the State concerned, in order to
induce the national authority to undertake the necessary investigations of all
the incidents or individual cases reported. The Rapporteur will also ask to
be kept informed of the outcome of the investigations carried out.
39.
Consideration of communications concerning human rights violations will
enable contemporary forms of racial discrimination to be detected and
identified accurately. The analysis of these cases of alleged violations and
government replies will help towards a better grasp of manifestations of
racial discrimination and thus help to identify and determine indicators of
its contemporary forms.
40.
The second aspect of the procedure will involve a theoretical and
conceptual study of the new forms of discrimination. Reference should also be
made to the definitions set out in International Conventions, particularly
article 1, paragraph 1, of the International Convention on the Elimination of
All Forms of Racial Discrimination. An intellectual effort therefore needs to
be made to refine the concepts of discrimination, intolerance, xenophobia and
their modern forms which are often very subtle and difficult to grasp.