E/CN.4/1994/66
page 3
8.
Section I of this report attempts to determine the mandate vested in the
Special Rapporteur by the Commission. Section II describes the methods of
work he wishes to adopt in performing his functions. In section III of the
report, the Special Rapporteur addresses the question of resources. Finally,
section IV sets out the Special Rapporteur’s preliminary conclusions and
recommendations.
I.
CONSIDERATIONS ON THE MANDATE OF THE SPECIAL RAPPORTEUR
Legal framework
9.
Article 2 of the Universal Declaration of Human Rights,
dated 10 December 1948, states that everyone is entitled to all the
rights and freedoms set forth in the Declaration "without distinction
of any kind, such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other
status". The same wording appears in article 2, paragraph 2, of the
International Covenant on Economic, Social and Cultural Rights, adopted by
the General Assembly on 16 December 1966, and in article 2, paragraph 1, of
the International Covenant on Civil and Political Rights, adopted by the
General Assembly on 16 December 1966.
10.
However, as regards legal codification, the basic international legal
instrument that specifically addresses the issue of racial discrimination
is the International Convention on the Elimination of All Forms of Racial
Discrimination, adopted by the General Assembly in resolution 2106 A (XX)
of 21 December 1965.
11.
The Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities was adopted by the General Assembly in
resolution 47/135 dated 18 December 1992. It represents a significant
addition to article 27 of the International Covenant on Civil and Political
Rights, which deals with the protection of minorities.
12.
Mention should also be made of another international instrument, namely,
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, adopted by the General Assembly
on 18 December 1990.
Main aims of the mandate
13.
The Special Rapporteur’s mandate, which includes "racism, racial
discrimination, xenophobia and related intolerance" encompasses a broad range
of situations. In resolution 1993/20, the Commission nevertheless placed the
emphasis on recent manifestation of racism and xenophobia in the developed
countries, and in particular on the situation of migrant workers and other
vulnerable groups. In this connection, mention should also be made of
resolution 1993/30, in which the Commission recommended to all thematic
rapporteurs to pay particular attention, within the framework of their
mandates, to the situation of indigenous peoples.
14.
Given the scope of his task, the Special Rapporteur will follow certain
guidelines in order to discharge his mandate satisfactorily.