A/49/677
English
Page 6
I.
CONCERNING THE MANDATE OF THE SPECIAL RAPPORTEUR
15. As the Special Rapporteur’s mandate was dealt with at length in the
preliminary report (E/CN.4/1994/66, paras. 9-31) it requires no further
discussion. The Special Rapporteur would like to focus in this section on two
key aspects, the main aims of the mandate and discrimination against Muslims,
bearing in mind the new elements contained in Commission on Human Rights
resolution 1994/64.
16. The Special Rapporteur’s mandate, which includes "racism, racial
discrimination, xenophobia and related intolerance", encompasses a broad range
of situations. In its resolution 1993/20, the Commission placed emphasis on
recent manifestations of racism and xenophobia in developed countries and in
particular on the situation of migrant workers and other vulnerable groups. In
that connection, the Commission specified, in resolution 1994/64, that the
present study should deal with situations in which Blacks, Arabs and Muslims
were the targets, and with xenophobia, negrophobia, anti-Semitism and related
intolerance. Mention should also be made in this context of resolution 1993/30,
in which the Commission recommended to all thematic rapporteurs that they should
pay particular attention, within the framework of their mandates, to the
situation of indigenous peoples.
17. In resolution 1994/64, the Commission requested the Special Rapporteur to
examine discrimination against Muslims. While mindful of this element of his
mandate (Islam in the contemporary world, Islamism, the Islamic headscarf,
etc.), the Special Rapporteur considers that this issue should be taken up by
the Special Rapporteur on religious intolerance in order to avoid any
duplication of the latter’s mandate.
II.
WORKING METHODS OF THE SPECIAL RAPPORTEUR
A.
Scope of analysis
18. The considerations outlined above show that the mandate covers a vast area
of research and reflection that calls for an open and multidisciplinary
methodological approach. The Special Rapporteur views it as a two-pronged
approach, having a theoretical and conceptual side and a factual side.
19. First of all, the complexity and subtlety of the central theme contemporary forms of racism, racial discrimination, xenophobia and related
intolerance - should be stressed. Without embarking on a lengthy academic
discourse, given the wealth of scholarly and scientific literature on the
subject, particularly that prepared under the auspices of UNESCO 1/ and the
Subcommission on Prevention of Discrimination and Protection of Minorities, 2/
it is important to review the background briefly and to present some definitions
drawn from conventions and international instruments in order to establish an
analytical framework and define the scope of the study.
20. Racism is a product of human history, a persistent phenomenon that recurs
in different forms as societies develop, economically and socially and even
scientifically and technologically, and in international relations. In its
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