A/CONF.189/PC.1/7
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(ii)
Instruments relating to the elimination of discrimination
53.
The instruments relating to the elimination of racial and religious discrimination reflect
this overlap and can even provide a solid legal basis for any proceedings in this field. The main
instruments which contain relevant provisions are the following:
(a)
The United Nations Declaration on the Elimination of All Forms of Racial
Discrimination of 20 November 1963;
(b)
The International Convention on the Elimination of All Forms of Racial
Discrimination of 21 December 1965;
(c)
The Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief of 25 November 1981;
(d)
The Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities of 18 December 1992.
54.
It should be noted at the outset that the very concept of discrimination among human
beings - which is not always defined - is strongly condemned in the above-mentioned
instruments as being “an affront to human dignity” and “a disavowal of the principles of the
Charter of the United Nations” (1963 Declaration, art. 1; 1981 Declaration, art. 3) and because it
“is capable of disturbing peace and security among peoples and the harmony of persons living
side by side even within one and the same State” (1965 Convention, seventh preambular
paragraph). In most of these instruments, there are many points of intersection between race and
religion. They are reflected in the definition of discrimination, its magnitude and the measures
taken to prevent it.
55.
For example, article 3, paragraph 1 of the 1963 Declaration states explicitly that
“Particular efforts shall be made to prevent discrimination based on race [...] especially in the
fields of [...] religion.” Similarly, article 1, paragraph 1 of the 1965 Convention contains a broad
definition of the expression “racial discrimination” which is not based exclusively on anatomical
criteria (race, colour) but also on “national or ethnic origin” and which has the purpose of
undermining equality “in the political, economic, social, cultural or any other field of public
life.” Religion as a public expression of the life of a nation or social group may be included in
these fields. Article 5 of the 1965 Convention confirms, if need be, this extension of racial
discrimination to the field of religion; under subparagraph (d) (vii) States undertake to prohibit
and to eliminate racial discrimination and to guarantee equality of treatment, notably in the
enjoyment of “the right to freedom of thought, conscience and religion”. Thus racial, in the
sense of ethnic matters, fully encompass the religious aspect. Finally, article 3 of the Declaration
on Race and Racial Prejudice of 27 November 1978 renders the legal bases for prohibiting
aggravated discrimination much more forcefully when it states “religious intolerance motivated
by racist considerations ...” is incompatible with the requirements of an international order which
is just and guarantees respect for human rights.