A/HRC/20/33 I. Introduction 1. The mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance was created by the Commission on Human Rights in its resolution 1993/20. In 1994, the mandate was made more explicit and precise through resolution 1994/64. The mandate was further extended by Human Rights Council resolutions 7/34 on 28 March 2008 and 16/33 on 25 March 2011. During the eighteenth session of the Council, the current Special Rapporteur, Mutuma Ruteere, was appointed to his position and took office on 1 November 2011. The Special Rapporteur very much values and appreciates the wealth of data and knowledge generated in the last 18 years by the three previous mandate holders: Maurice Glèlè-Ahanhanzo, Doudou Diène and Githu Muigai. During his tenure, he will build on this wealth of information and knowledge. He also wishes to highlight the excellent support provided by the Office of the United Nations High Commissioner for Human Rights, in particular its Special Procedures Branch. 2. The Durban Declaration1 and Programme of Action2 underline the central role of measures of prevention aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at the national, regional and international levels. The outcome document of the Durban Review Conference further stresses the need to increase appropriate preventive measures to eliminate all forms of racial discrimination and emphasizes the important role that Governments, international and regional organizations, national human rights institutions, the media, non-governmental organizations and civil society can play in developing such measures.3 3. Previous mandate holders have underscored the need for States to pay attention to preventive measures in addition to enforcement. In his first report, the Special Rapporteur has chosen to focus on the prevention of racism, racial discrimination, xenophobia and related intolerance in line with the provisions of the Durban documents. Whereas there exists a fairly robust legal framework for punishing racism and racial discrimination, the prevention framework at both national and international levels remains weak. Punitive measures provided for in the legislation of various countries and at international level cannot be effective unless equally robust preventive mechanisms are adopted and implemented. While the deterrent effect of these punitive measures can be considered an aspect of prevention, punishment is a downstream intervention coming into effect after the violation has taken place. What the Special Rapporteur seeks to highlight in this report is the other upstream measures provided for in the Durban documents to combat racism, racial discrimination, xenophobia and related intolerance. 4. During his tenure the Special Rapporteur intends to lay equal emphasis on both prevention and enforcement. In future reports, he will seek to further clarify preventive measures and in particular highlight good practices from different parts of the world. In his view effectively combating racism, racial discrimination, xenophobia and related intolerance will depend on a combination of legal, policy and programmatic measures as envisaged in international human rights law and standards. Like his predecessor, the Special Rapporteur will pursue a victim-centred approach and seek to engage States, regional and international organizations and non-State actors in a solution-seeking dialogue 1 2 3 Durban Declaration, paras. 76-97. Durban Programme of Action, paras. 58-156. Outcome document of the Durban Review Conference, para. 19. 3