A/HRC/17/40
I.
Introduction
1.
The present report is prepared pursuant to Human Rights Council resolution 7/34, as
updated in Council resolution 16/33.
2.
At the 2001 World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, States adopted a victim-oriented approach and declared that “the
victims of racism, racial discrimination, xenophobia and related intolerance are individuals
or groups of individuals who are or have been negatively affected by, subjected to, or
targets of these scourges”, 1 recognizing further that “racism, racial discrimination,
xenophobia and related intolerance occur on the grounds of race, colour, descent or national
or ethnic origin and that victims can 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”.2 Similarly, at the Durban Review Conference,
States acknowledged “that all victims of racism, racial discrimination, xenophobia and
related intolerance should receive the same necessary attention and protection and
accordingly appropriate treatment”.3
3.
The Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance has previously emphasized the need to adopt a victimoriented approach, to ensure that actions undertaken truly respond to the concrete needs of
those experiencing racism and discrimination. In line with the Durban documents, the
Special Rapporteur has highlighted that all victims should receive the same attention and
protection and that it is essential to avoid establishing any hierarchy among the different
manifestations of discrimination, even if they may vary in nature and degree depending on
the historical, geographical and cultural context. All forms of racism and discrimination
should be addressed with the same emphasis and determination. The Special Rapporteur is
further convinced of the need to have a comprehensive approach which encompasses all
manifestations of racism and discrimination. It is with this background in mind that he
focuses in the present report on racial discrimination and racism against Roma, and
discrimination based on work and descent.
4.
Racism, racial discrimination, xenophobia and related intolerance against Roma is
addressed in chapter II, and discrimination based on work and descent in chapter III.
Chapter IV contains a summary of the activities of the Special Rapporteur undertaken since
June 2010. Finally, conclusions and recommendations are presented in chapter V.
II.
Racism, racial discrimination, xenophobia and related
intolerance against Roma
5.
The human rights situation of Roma4 remains a pressing issue widely addressed by
different actors. Since the establishment of the mandate on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, all three mandate holders have
1
2
3
4
Durban Declaration, para. 1.
Ibid., para. 2.
Outcome document of the Durban Review Conference, para. 17.
The term Roma, without going into the different and at times controversial definitional discussions,
refers to such persons who self-define themselves as such. Policies and practices referred to in this
report covering such persons may also have an impact on other marginalized minorities groups.
3