A/RES/51/79
Page 2
Conscious of the fundamental difference between, on the one hand, racism
and racial discrimination as governmental policy or resulting from official
doctrines of racial superiority or exclusivity and, on the other hand, other
manifestations of racism, racial discrimination, xenophobia and related
intolerance which are increasingly visible in segments of many societies and
perpetrated by individuals or groups, some of which are directed against
migrant workers and members of their families,
Taking note of the final report on freedom of opinion and expression
submitted to the Subcommission on Prevention of Discrimination and Protection
of Minorities at its forty-fourth session by the Special Rapporteurs
Mr. Louis Joinet and Mr. Danilo Turk, in which the Special Rapporteurs
concluded that, under international law, racism is not an opinion but an
offence,4
Noting that the Committee on the Elimination of Racial Discrimination,
in its general recommendation XV (42) of 17 March 19935 on article 4 of the
International Convention on the Elimination of All Forms of Racial
Discrimination, held that the prohibition of the dissemination of all ideas
based upon racial superiority or racial hatred was compatible with the right
to freedom of opinion and expression as outlined in article 19 of the
Universal Declaration of Human Rights6 and in article 5 of the International
Convention on the Elimination of All Forms of Racial Discrimination,7
Conscious that impunity for crimes motivated by racist and xenophobic
attitudes plays a role in weakening the rule of law and tends to encourage the
recurrence of such crimes,
Underlining the importance of creating conditions that foster greater
harmony and tolerance within societies,
Regretting that the Special Rapporteur has continued to encounter
difficulties in his efforts to fulfil his mandate, owing to the lack of
necessary resources,
1.
Takes note of the report of the Special Rapporteur of the
Commission on Human Rights on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance;3
2.
Requests the Special Rapporteur to continue his exchange of views
with Member States, relevant mechanisms, related United Nations organs and
specialized agencies in order to further their effectiveness and mutual
cooperation;
4
E/CN.4/Sub.2/1992/9 and Add.1.
5
See Official Records of the General Assembly, Forty-eighth Session,
Supplement No. 18 (A/48/18), chap. VIII, sect. B.
6
Resolution 217 A (III).
7
Resolution 2106 A (XX), annex.
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