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other law enforcement personnel that is motivated by racial discrimination,
xenophobia and related intolerance and to prosecute perpetrators of such
misconduct. It also urged States to eliminate the phenomenon popularly known as
“racial profiling”, consisting in the practice by police and other law enforcement
officers of relying on race, colour, descent or national or ethnic origin as the basis
for subjecting persons to investigatory activities or for determining whether an
individual is engaged in criminal activity.
6.
In its concern at the situation in which various groups find themselves as a
result of racial discrimination, the General Assembly underlined the need to design,
promote and implement, at the national, regional and international levels, strategies,
programmes and policies and adequate legislation, which may include special and
positive measures, for furthering equal social development and the realization of the
civil and political, economic, social and cultural rights of all victims of racism,
racial discrimination, xenophobia and related intolerance, inter alia, through more
effective access to political, judicial and administrative institutions. It also stressed
the need to guarantee that the benefits of development, science and technology
contribute effectively to the improvement of the quality of life for all, without
discrimination. In particular, the Assembly urged States to develop policies to
eliminate manifestations of racism, racial discrimination, xenophobia and related
intolerance, including violence, against Roma/Gypsies/Sinti/Travellers and to ensure
the full enjoyment of equality by these groups. It also called upon States to review
and revise, where necessary, their immigration laws, policies and practices so that
they are free of racial discrimination and compatible with States’ obligations under
international human rights instruments.
7.
Lastly, the General Assembly urged all Governments to cooperate fully with
the Special Rapporteur with a view to enabling him to fulfil his mandate, including
the examination of incidents of contemporary forms of racism and racial
discrimination, inter alia, against Africans and people of African descent,
xenophobia, Negrophobia, Islamophobia/anti-Muslim, anti-Semitism and related
intolerance.
8.
The present report seeks to respond to the resolution whose content is
summarized above. It should be mentioned, however, that various factors have
militated against fulfilment of the mandate. The first of these is the inhospitable
climate with which human rights promotion and protection have had to contend
since the tragic events of 11 September 2001. The insidious link which has been
established between the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance in Durban and the terrorist attacks of 11
September, together with the undermining of human rights as a result of the security
measures adopted against terrorism, have had the effect of relegating to secondary
position the requirements of the mandate. Also, the uncertainty and even confusion
which were created regarding the effective date of cessation of functions of someone
who has been fulfilling a mandate for at least six years have discouraged the present
mandate holder. Even before the Commission on Human Rights gave its opinion, the
Office of the United Nations High Commissioner for Human Rights wrote, on 21
February 2002, to the Special Rapporteur to inform him that preparations for the
missions he had planned were on hold. When the Commission finally clarified the
situation by its decision 2002/14, the Office of the High Commissioner wrote again
to the Special Rapporteur, on 15 May 2002, to inform him that his mandate would
continue until 24 July 2002. By that time, three months had elapsed, and the
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