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.
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