E/CN.4/2005/85
page 9
24.
The Special Rapporteur made an active contribution to the preparatory work for the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Forms of
Intolerance,5 attending meetings of the preparatory committees, regional meetings and expert
seminars. She pointed out that policies aimed at combating racism, racial discrimination,
xenophobia and related forms of intolerance needed to be based on reliable statistics that
would make it possible to adopt effective measures ( E/CN.4/2001/83, paras. 93-97). At the
first session of the Preparatory Committee for the World Conference against Racism, she
submitted a report on discrimination against migrants analysing the problem and drawing
attention to the urgent need to devise and implement comprehensive strategies addressing
the problem from various angles, and paying particular attention to migrant women
(A/CONF.189/PC.1/19).
25.
The Special Rapporteur endorses some of the guidelines adopted by the international
community in the Programme of Action adopted by the World Conference (A/CONF.189/12).
The Declaration stresses that “policies towards migration should not be based on racism, racial
discrimination, xenophobia and related intolerance” (ibid., Declaration, para. 12) and urges all
States “to review and, where necessary, revise any immigration policies which are inconsistent
with international human rights instruments, with a view to eliminating all discriminatory
policies and practices against migrants” (ibid., para. 38). The Declaration also recognizes “that
xenophobia against non-nationals, particularly migrants, refugees and asylum-seekers,
constitutes one of the main sources of contemporary racism” (ibid., para. 16).
26.
The Programme of Action adopted by the Conference explicitly recognizes migrants as
victims of racism, racial discrimination and related forms of intolerance. It requests all States “to
combat manifestations of a generalized rejection of migrants and actively to discourage all racist
demonstrations and acts that generate xenophobic behaviour and negative sentiments towards, or
rejection of, migrants” (ibid., Programme of Action, para. 24), in conformity with “the Universal
Declaration of Human Rights and their obligations under international human rights instruments,
regardless of the migrants’ immigration status” (ibid., para. 26).
27.
Since then, some countries, such as Norway and Poland, have adopted national plans of
action to combat racism, xenophobia and racial discrimination in accordance with the
recommendations of the Durban Programme of Action (see E/CN.4/2003/18, para. 22; A/59/375,
para. 11). Other countries have acted on the Programme of Action’s provisions on migrants
(E/CN.4/2003/18; A/58/324; A/59/375). Yet, as the Special Rapporteur on contemporary forms
of racism, racial discrimination, xenophobia and related intolerance stated recently, despite the
commitment made by the international community in Durban, “there continue to be alarming
manifestations of those phenomena characterized by two key trends: (1) the resonance and
vitality of resurgent traditional forms of discrimination rooted in colour-based racism ...; (2) the
appearance of new forms of discrimination targeting non-citizens, refugees and immigrants”
(A/59/329, para. 6).
28.
A thematic discussion on the rights of non-citizens and racial discrimination, organized
by the Committee on the Elimination of Racial Discrimination in Geneva on 1 March 2004, gave
the Special Rapporteur an opportunity to present her work on the subject and to make a number
of comments for Committee members to take into account in drafting their revised general