A/63/339 I. Introduction 1. The present report is submitted by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to the General Assembly pursuant to Assembly resolution 62/220, on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action. It is the fifteenth interim report submitted to the Assembly by the Special Rapporteur and the first submitted by the present mandate holder, Githu Muigai, who took up his functions on 1 August 2008, following appointment by the Human Rights Council. 2. The present report gives an overview of the activities carried out under the mandate since the Special Rapporteur’s last report to the General Assembly (A/62/306). As such, it makes reference to the main reports, activities and country visits carried out by the preceding mandate holder and to the main objectives of the present mandate holder in the discharge of his mandate. 3. The Special Rapporteur recalls that the General Assembly, in its resolution 62/220, expressed unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and intolerance, as well as propaganda activities and organizations that attempted to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form. 4. The General Assembly recognized that States should implement and enforce appropriate and effective legislative, judicial, regulatory and administrative measures to prevent and protect against acts of racism, racial discrimination, xenophobia and related intolerance, thereby contributing to the prevention of human rights violations. 5. The General Assembly also recognized that racism, racial discrimination, xenophobia and related intolerance occurred on the grounds of race, colour, descent or national or ethnic origin and that victims could suffer multiple or aggravated forms of discrimination based on other related grounds, such as sex, language, religion, political or other opinion, social origin, property, birth or other status. 6. The General Assembly reaffirmed that any advocacy of national, racial or religious hatred that constituted incitement to discrimination, hostility or violence should be prohibited by law. 7. The General Assembly emphasized that it was the responsibility of States to adopt effective measures to combat criminal acts motivated by racism, racial discrimination, xenophobia and related intolerance, including measures to ensure that such motivations were considered an aggravating factor for the purposes of sentencing, to prevent those crimes from going unpunished and to ensure the rule of law. 8. The General Assembly requested the Special Rapporteur to continue giving particular attention to the negative impact of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of civil, cultural, economic, political and social rights by national or ethnic, religious and linguistic minorities, immigrant populations, asylum-seekers and refugees. 08-49342 3

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