A/50/476
English
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were advocating recourse to terrorist action, 79/ was also banned. This was the
fifth banning since 1990. In 1993, the listing of the Federal Office for the
Protection of the Constitution included 77 extreme right-wing groups with a
total of 42,000 members.
148. In February 1995, two Germans charged with intimidation and public
incitement to commit a crime were sentenced respectively to two years’
imprisonment and an 18-month suspended sentence for having drawn up a list of
280 "anti-nationalist" individuals to whom they had promised "restless
nights". 80/
149. In France, in May 1995, a court ordered the withdrawal from a controversial
translation of the Bible of certain passages 81/ which it felt were likely to
revive anti-Semitism. The publisher is to be ordered to pay to the
International League against Racism and Anti-Semitism 300 French francs for each
copy sold after 11 May.
150. Sometimes, despite stricter and more comprehensive legislation, the courts
do not make use of racism as the charge, preferring to pass sentence on the
basis of more traditional common-law grounds. An example is the case of the
neo-Nazi leader Mr. Priem, who in May 1995 was sentenced by the Berlin Criminal
Court to three and a half years’ imprisonment for illegal possession of
weapons, 82/ although racist propaganda had also been found at his residence.
C.
Measures beneficial or harmful to groups that are victims of
racism and racial discrimination
151. Following his mission to the United States of America (9-22 October 1994),
the Special Rapporteur made, among others, the following recommendations to the
United States Government:
(a) It should explicitly acknowledge "that 30 years of intense struggle
against racism and racial discrimination have not yet made it possible to
eliminate the consequences of over 300 years of slavery and racial
discrimination, particularly where African Americans are concerned";
(b) It should revitalize "affirmative action programmes ... in order to
offset the negative consequences of the policy pursued during the 1980s in the
fields of health, housing, education and employment". 83/
152. The Special Rapporteur notes that since the beginning of the year an
intensive debate has taken place in the United States over the need to abolish,
maintain or recast programmes comprising measures for the benefit of
disadvantaged groups (affirmative action). The positions taken by the three
main branches of power - the executive (the President and his administration),
the legislature (Congress) and the judiciary (the Supreme Court) - as well as by
other influential figures, including the Governor of California, have a not
insignificant impact on the direction of the debate and the future options.
Accordingly, it is important to draw the attention of the General Assembly to
the importance that attaches to maintaining affirmative action programmes in
/...