A/64/271
I. Introduction
1.
The mandate of the Special Rapporteur on racism, racial discrimination,
xenophobia and related intolerance was created by the Commission on Human
Rights in its resolution 1993/20 and further refined in its resolution 1994/64. In
March 2008, the Human Rights Council reviewed, rationalized and improved the
mandate. As a result, the Human Rights Council adopted resolution 7/34, which
extended the mandate of the Special Rapporteur for a period of three years and set
out the terms of reference in paragraphs 2 and 3 of the resolution.
2.
The present report is submitted pursuant to General Assembly resolution
63/242 on global efforts for the total elimination of racism, racial discrimination,
xenophobia and related intolerance and the comprehensive implementation of and
follow-up to the Durban Declaration and Programme of Action.
3.
Chapter II of the report is devoted to the Durban Review Conference, held
from 20 to 24 April 2009 in Geneva. Chapter III describes the activities carried out
in the framework of the mandate. As such, it refers to country visits — including by
the former mandate holder — and press releases. Chapter III also refers to thematic
issues addressed by the Special Rapporteur through his participation in conferences,
seminars and other meetings since his last report to the General Assembly
(A/63/339). Those issues include freedom of expression and incitement to racial or
religious hatred, poverty, genocide, as well as discrimination based on descent.
Finally, the Special Rapporteur presents a number of conclusions and
recommendations relating to the Durban process and to the above-mentioned
thematic issues.
II. Durban Review Conference
4.
The first year of appointment of the Special Rapporteur was obviously very
much marked by the Durban Review process and the holding of the Durban Review
Conference in April 2009. Consequently, the Special Rapporteur devoted a
significant chapter to the Durban Review Conference in his annual report submitted
to the eleventh session of the Human Rights Council (A/HRC/11/36). During the
Durban Review process, he often stressed that the Review Conference constituted a
unique opportunity to rebuild strong international consensus and mark the renewal
of the international engagement in the struggle against racism. In that respect, he
emphasized that the Durban Review Conference should be seen as the beginning of
a new era of international mobilization in the fight against all forms of racism,
rather than the culmination of the Durban Review process.
5.
The Special Rapporteur was particularly pleased that the outcome document
was adopted consensually by all participating States. While the Special Rapporteur
regretted that 10 States had decided not to participate in the Review Conference, he
recommended that those States publicly acknowledge their support to the outcome
document.
6.
On the question of freedom of expression and the fight against racism, which
was key during the negotiations, the Special Rapporteur noted with satisfaction that
the text agreed upon represents a landmark in the way the United Nations human
rights system will in the future approach this issue. The Special Rapporteur
welcomed the fact that the outcome document referred to the language of
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