E/CN.4/1994/66
page 8
41.
For example, one may wonder why some immigrants in some European
countries are forbidden to wear specific signs or symbols. Does the ban on
wearing the chador in schools have a racial, religious or cultural origin or
motivation? The Rapporteur and the Commission will certainly be able to put
to the best possible account the scholarly publications and UNESCO’s most
recent scientific studies on race and culture. It may be asked whether at
least one dimension - the right to be different - of the doctrine of the
affirmation of cultural identities universally recognized by the World
Conference on Cultural Policies in Mexico in 1982 has not been skilfully
exploited, thus strengthening apartheid. It may further be asked whether it
is not currently serving the theories of ethnic cleansing and national
preference, the skinhead movement and religious fundamentalism?
42.
This latter aspect also involves the collection and analysis of legal
and administrative provisions enacted by Governments, including legal
decisions with reference to human rights and the provisions of the
Constitution. Generally speaking, the Constitution prohibits all forms of
discrimination, and even makes provision for bodies to protect human rights
in the form of a constitutional court or council or through an ombudsman.
However, some political parties circumvent the prohibition by advocating
racist ideologies or discrimination. The Constitution itself, by means of
skilfully-worded provisions, may also generate discrimination, for example, in
its ethnic or religious aspect. A questionnaire will therefore be sent to
Governments, non-governmental organizations, and specialized agencies (see
annex). The Special Rapporteur hopes that the members of the Commission may
possibly be able to add to the substance of the questionnaire in the course of
the discussions.
43.
The Special Rapporteur considers, pursuant to resolution 1993/20, that he
should undertake missions in the field, either on his own initiative, alone or
together with one or more rapporteurs dealing with topics similar to his own
mandate, or at the request of Governments. To begin with, he envisages three
ordinary missions annually, as well as emergency missions.
44.
In view of the number of special procedures in existence, such as
enforced or involuntary disappearances, torture, religious intolerance, etc,
it would be appropriate to set up machinery for regular consultation and
dialogue between special rapporteurs. The Special Rapporteur welcomes the
projected meeting which the special rapporteurs requested in the Vienna Joint
Declaration. Priority should also be given to dynamic and efficient machinery
for intersectoral cooperation between the various branches and sectors of the
Centre for Human Rights.
45.
Similarly, systematic cooperation in the form of regular consultations
and joint studies should be arranged with the other specialized agencies of
the United Nations system such as UNICEF, ILO and UNESCO (cf. the Convention
on the Rights of the Child) and the Commission on Human Rights. Pursuant
to resolution 1993/20, cooperation should also be developed with the
international development agencies in a combined quest for effective solutions
to the economic and social aspects of the contemporary forms of racial
discrimination.