A/CONF.189/PC.1/7
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A. Strengthening protection against aggravated discrimination
1. International protection
133. It seems clear that legislative provisions, whatever their nature or origin, should
anticipate and take into account the possibility of aggravated discrimination. The first step in
strengthening international protection is to consolidate existing means and mechanisms. The
international community, in particular the Commission on Human Rights, have done
considerable work in this area, as regards protection of both freedom of religion and persons
belonging to minorities. This work could be reinforced by adopting the measures described
below.
134. Existing instruments should anticipate the possibility of aggravated discrimination. It is
vital to note at this point that the issue of discrimination, in particular religious discrimination and even more so religious discrimination aggravated by racial discrimination - is a sensitive
topic, and one on which States are by no means in agreement.135 It took 19 years for the idea of
a declaration on the elimination of all forms of intolerance and of discrimination based on
religion or belief (first suggested in 1962) to be realized (in 1981) [Odio Benito, 1985; Walkate,
1991].136 What matters is not so much the formal legal status of the instrument as its acceptance
by as many States as possible and, above all, whether it is effectively observed by those States
[Odio Benito, 1989].137 It would also be necessary to begin working within the framework of
existing mechanisms towards, for example, the adoption of a resolution dealing specifically with
aggravated discrimination.
135. Procedures for protection against aggravated discrimination in the context of the
conventions and extra-conventional instruments in force should be strengthened. Special
treatment is one possibility: prioritizing the consideration of cases of discrimination by the
various human rights bodies and organizations, for example, or establishing urgent procedures
and mechanisms for cutting deadlines for States to reply to complaints or allegations of
discrimination of this kind.138
136. Coordination and harmonization of the various human rights protection mechanisms is
necessary, particularly where their spheres of activity overlap and include aggravated
discrimination. Systematic exchange of information and joint action by special rapporteurs,
where possible, could be useful in this regard.
137. Such a measure would require greater financial, human and logistic resources to be
allocated to the mandates of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance and of the Special Rapporteur on the
elimination of all forms of religious intolerance and of discrimination based on religion or
belief.139 The various reports repeatedly draw attention to this lack of resources (administrative
and financial difficulties) and it therefore deserves serious consideration.140
138. In their respective reports the two rapporteurs repeatedly, and rightly, stress the
importance of their in situ visits; these visits should therefore be given stronger backing.
According to the Special Rapporteur on racism, these visits make it possible to move away from
cold print and statistics and experience the real situation and its contradictions, through dialogue