A/CONF.189/PC.1/7
page 54
137
In the 1989 report cited above, Odio Benito rightly notes that, in practice, the work done for
40 years by the United Nations organs and bodies concerned with human rights has gone beyond
this restrictive interpretation of the legal effect of General Assembly resolutions. She adds,
significantly, that a refusal to accept United Nations resolutions on human rights places a State in
a position that is incompatible with its status as a Member of the United Nations (see report,
paras. 193-194).
138
Note, by way of illustration, the urgent appeals procedure within the framework of the
mandate of the Special Rapporteur on religious intolerance, used in particularly serious situations
(murder, death threats, etc.) (see A/50/440, para. 54).
139
It has to be said that the titles of these two special rapporteurs are excessively long and
duplicate each other, at least with regard to “intolerance”.
140
Relatively short deadlines for the preparation and submission of reports to the Commission
and to the General Assembly, consultations with Governments, administrative secretariat and
translation of documents (see A/50/476, para. 17; E/CN.4/1996/72, para. 30).
141
See, for example, article 20, paragraph 2 of the Covenant, which provides that “Any
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law”. Note that this refers to measures that should be
adopted by States in their domestic legislation. See likewise article 7 of the 1965 Convention on
the Elimination of All Forms of Racial Discrimination.
142
Model legislation was prepared in response to the call by the General Assembly in its
resolution 40/22 of 29 November 1985.
143
The independence of the body to which the victim appeals, the accessibility of the authority
and the flexibility of the procedure, the extent to which the authority enjoys the confidence of the
public and of the complainant, the competence and power of the body to restore the right, the
appeal to a higher body if the complainant is not satisfied, the rapidity of the procedure and the
results of the complaint. See Expert Seminar on remedies available to the victims of acts of
racism, racial discrimination, xenophobia and related intolerance and on good national practices
in this field (Geneva, 16-18 February 2000) (background paper prepared by the secretariat,
HR/GVA/WCR/SEM.1/2000/2).
144
See also A/50/440, para. 22; and Jenö Kaltenback, HR/GVA/WCR/SEM.1/2000/BP.6
(document presented at the seminar referred to in note 143 above).
145
According to the International Covenant on Economic, Social and Cultural Rights, article 13,
paragraph 1, “... education shall... promote understanding, tolerance and friendship among all
nations and all racial, ethnic or religious groups...”. Similarly, according to article 5, paragraph 1
(a) of the UNESCO Convention against discrimination in education, “... education shall be
directed... to the strengthening of respect for human rights and fundamental freedoms; it shall
promote understanding, tolerance and friendship among all nations, racial or religious groups”.