United Nations

A/62/437
Distr.: General 3 December 2007 Original: English

General Assembly

Sixty-second session Agenda item 68

Elimination of racism and racial discrimination
Report of the Third Committee
Rapporteur: Ms. Tebatso Future Baleseng (Botswana)

I. Introduction
1. At its 3rd plenary meeting, on 21 September 2007, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-second session the item entitled: "Elimination of racism and racial discrimination: "(a) Elimination of racism and racial discrimination; "(b) Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action" and to allocate it to the Third Committee. 2. The Third Committee held a general discussion on the item jointly with item 69, entitled "Right of peoples to self-determination", at its 37th to 39th meetings, on 7 and 8 November 2007, and considered proposals and took action on item 68 at its 46th, 48th, 49th, 51st and 54th meetings, on 15, 19, 20, 21 and 28 November. An account of the Committee's discussion is contained in the relevant summary records (A/C.3/62/SR.46, 48, 49, 51 and 54). 3. For its consideration of the item, the Committee had before it the following documents: Item 68 Elimination of racism and racial discrimination Letter dated 18 October 2007 from the representative of Pakistan to the SecretaryGeneral, transmitting the final communiqué of the annual coordination meeting of the Ministers for Foreign Affairs of the States members of the Organization of the

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Islamic Conference, held at United Nations Headquarters on 2 October 2007 (A/62/507-S/2007/636) Item 68 (a) Elimination of racism and racial discrimination Report of the Committee on the Elimination of Racial Discrimination 1 Note by the Secretary-General transmitting the interim report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/62/306) Item 68 (b) Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action Report of the Human Rights Council on the preparations for the Durban Review Conference (A/62/375) Report of the Secretary-General 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 (A/62/480) 4. At the 37th meeting, on 7 November, the representative of the New York Office of the United Nations High Commissioner for Human Rights made an introductory statement (see A/C.3/62/SR.37). 5. At the same meeting, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance made a presentation and engaged in a dialogue with the representatives of Portugal (on behalf of the States Members of the United Nations that are members of the European Union), Italy, the Russian Federation, Israel, the United States of America, Chile, the Libyan Arab Jamahiriya, China, Mexico, Ecuador, Jamaica, the Dominican Republic, Cuba, France and Haiti (see A/C.3/62/SR.37). 6. Also at the same meeting, the Vice-Chairperson of the Preparatory Committee for the Durban Review Conference made a statement on behalf of the Chairperson of the Preparatory Committee (see A/C.3/62/SR.37).

II. Consideration of proposals
A. Draft resolution A/C.3/62/L.61
7. At the 46th meeting, on 15 November, the representative of the Russian Federation, on behalf of Belarus, Cuba, Ethiopia, Kazakhstan, Kyrgyzstan, the Russian Federation, South Africa, the Sudan, Tajikistan, Turkmenistan, Uzbekistan, Venezuela (Bolivarian Republic of) and Zimbabwe, introduced a draft resolution entitled "Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance"
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Official Records of the General Assembly, Sixty-second Session, Supplement No. 18 (A/62/18).

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(A/C.3/62/L.61). Subsequently, Angola, Benin, Bolivia, Cape Verde, Namibia and Nigeria joined in sponsoring the draft resolution. 8. At its 51st meeting, on 21 November, the Committee was advised that the draft resolution had no programme budget implications. 9. At the same meeting, the representative of the Russian Federation orally revised operative paragraph 3 of the draft resolution by replacing the words "desecrate, demolish, remove or transfer monuments" with the words "desecrate or demolish monuments". 10. Also at the same meeting, a statement was made by the representative of Turkmenistan (see A/C.3/62/SR.51). 11. Also at its 51st meeting, the Committee adopted draft resolution A/C.3/62/L.61, as orally revised, by a recorded vote of 122 to 1, with 52 abstentions (see para. 26, draft resolution I). The voting was as follows: In favour: Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cameroon, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Ghana, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Thailand, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe. Against: United States of America. Abstaining: Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, New Zealand, Norway, Palau, Papua New Guinea, Poland, Portugal, Republic of Korea, Romania, Samoa, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern Ireland.

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12. Before the vote, statements were made by the representatives of Portugal (on behalf of the States Members of the United Nations that are members of the European Union) and the United States of America; after the vote a statement was made by the representative of Switzerland (see A/C.3/62/SR.51).

B.

Draft resolutions A/C.3/62/L.65 and Rev.1
13. At the 48th meeting, on 19 November, the representative of Pakistan, on behalf of the States Members of the United Nations that are members of the Group of 77 and China, introduced a draft resolution entitled "From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action" (A/C.3/62/L.65). Subsequently, the Russian Federation joined in sponsoring the draft resolution, which read: "The General Assembly, "Recalling its resolution 52/111 of 12 December 1997, in which it decided to convene the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, and its resolutions 56/266 of 27 March 2002, 57/195 of 18 December 2002, 58/160 of 22 December 2003, 59/177 of 20 December 2004 and 60/144 of 16 December 2005, which guided the comprehensive follow-up and effective implementation of the Conference, and in this regard underlining the importance of their full and effective implementation, "Recalling also its resolution 61/149 of 19 December 2006 in which it decided to convene the Durban Review Conference in 2009, "Noting all the relevant resolutions of the Commission on Human Rights on this subject and urging their full implementation, "Recalling Human Rights Council resolution 3/2 of 8 December 2006 on the preparations for the Durban Review Conference in 2009, "Recalling also the importance of Human Rights Council resolution 6/22 of 28 September 2007, in which the Council regretted the lack of political will to translate the Durban commitments into concrete action and tangible results, "Taking note of Human Rights Council resolution 6/23 of 28 September 2007, in which the Council looked forward to the General Assembly's providing political guidance and taking further decisions, as and when necessary, to ensure a smooth and successful Durban Review Conference with a relevant substantive outcome complementary to the Durban Declaration and Programme of Action, "Underlining the urgent need to end posturing about racism and calling upon all States to resolutely end impunity for acts of racism, racial discrimination, xenophobia and related intolerance, and to face the everyday realities and challenges of these scourges,

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"I "Convening of the Durban Review Conference "1. Expresses its profound disappointment at the fact that, six years after the convening of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the major commitments undertaken in the Durban Declaration and Programme of Action remain unfulfilled; "2. Welcomes the report of the Preparatory Committee for the Durban Review Conference on its first session and underlines that the second session of the Preparatory Committee will elaborate further on the date, duration and level of participation so as to ensure a smooth and successful Review Conference; "3. Calls upon Member States that are in a position to do so, to offer to host the regional preparatory conferences in their regions and to ensure the widest possible participation in these conferences, whose outcomes will contribute to the deliberations of the Preparatory Committee; "4. Decides that the intersessional working group of the Preparatory Committee for the Durban Review Conference shall perform functions and undertake activities compatible with, and complementary to, the goals of the Review Conference and that its primary objective shall be to commence negotiations with a view to consolidating the draft outcome document of the Conference; "5. Notes with serious concern that, in the sequel to the 2001 Durban World Conference, there is evidently no commitment for financial support to the Durban Review Conference from voluntary sources; "6. Requests, in the above context, the United Nations High Commissioner for Human Rights to put in place effective mechanisms to ensure the availability of adequate financial resources for the successful convening of the Durban Review Conference; "7. Requests the Secretary-General to allocate adequate funding, from the regular budget of the United Nations, for the regional preparatory conferences and the Durban Review Conference, including for the funding of delegations from least developed countries, as well as non-governmental organizations, in particular those from the developing countries; "II "International Convention on the Elimination of All Forms of Racial Discrimination "8. Reaffirms that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination are of paramount importance for the fight against racism, racial discrimination, xenophobia and related intolerance, including contemporary forms of racism and racial discrimination, and for the promotion of equality and non-discrimination in the world;

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"9. Urges Member States to withdraw reservations contrary to the object and purpose of the Convention and to consider withdrawing other reservations; "10. Regrets the fact that the deadline set by the 2001 Durban World Conference for the universal ratification of the Convention has not been met; "III "Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action "11. Welcomes the decision of the Human Rights Council, through its resolution 6/21 of 28 September 2007, to commence the process of the actual elaboration of the requisite legal instrument(s) complementary to the International Convention on the Elimination of All Forms of Racial Discrimination, and in this regard encourages the Council to continue its leadership and guidance of this process with a view to bringing it to an early and successful conclusion; "12. Requests the Human Rights Council to identify other issues in the Durban Declaration and Programme of Action requiring urgent follow-up and to ensure that its subsidiary mechanisms created for the comprehensive followup to and effective implementation of the Durban Declaration and Programme of Action prepare appropriate recommendations on such issues for the Council's consideration and eventual implementation; "13. Also requests the Human Rights Council to initiate close and effective collaboration between its subsidiary mechanisms and the independent eminent experts appointed by the Secretary-General to follow up the Durban Declaration and Programme of Action in order to ensure complementarity of efforts and to enhance effectiveness towards the achievement of the commitments undertaken in the Durban Declaration and Programme of Action; "14. Endorses the decision of the Human Rights Council, as contained in its resolution 6/22 of 28 September 2007, to realign the work and name of the Anti-Discrimination Unit in the Office of the United Nations High Commissioner for Human Rights so as to render them consistent with its mandate, and its decision that henceforth the Unit should be known as the `Anti-Racial Discrimination Unit' and that its operational activities should focus exclusively on racism, racial discrimination, xenophobia and related intolerance, as defined in paragraphs 1 and 2 of the Durban Declaration; "15. Welcomes the determination of the United Nations High Commissioner for Human Rights to profile and increase the visibility of the struggle against racism, racial discrimination, xenophobia and related intolerance and her intention to make this a cross-cutting issue in the activities and programmes of her Office;

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"IV "Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits "16. Expresses its full support and appreciation for the work of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and encourages its continuation; "17. Reiterates its call to all Member States, intergovernmental organizations, relevant organizations of the United Nations system and non-governmental organizations to cooperate fully with the Special Rapporteur, and calls upon States to consider responding favourably to his requests for visits so as to enable him to fulfil his mandate fully and effectively; "18. Encourages closer collaboration between the Special Rapporteur and the Office of the United Nations High Commissioner for Human Rights, in particular the Anti-Racial Discrimination Unit; "19. Requests the Secretary-General to provide the Special Rapporteur with all the necessary human and financial assistance to carry out his mandate efficiently, effectively and expeditiously and to enable him to submit his reports to the General Assembly as required; "20. Welcomes the reports of the Special Rapporteur and draws the attention of all States to the key issues of concern raised in these reports, and in this regard calls on States to implement such recommendations; "V "General "21. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its sixtythird session; "22. Decides to remain seized of this important matter at its sixty-third session under an item entitled `Elimination of racism, racial discrimination, xenophobia and related intolerance'." 14. At its 54th meeting, on 28 November, the Committee had before it a revised draft resolution entitled "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" (A/C.3/62/L.65/Rev.1), submitted by the sponsors of draft resolution A/C.3/62/L.65, subsequently joined by Saudi Arabia and Uzbekistan. 15. At the same meeting, the representative of Pakistan orally revised draft resolution A/C.3/62/L.65/Rev.1 as follows: (a) In operative paragraph 35, the words "shall have a central role" were replaced by the words "shall continue to have a central role"; (b) At the end of operative paragraph 41, the words ", bearing in mind the special procedures review process being undertaken by the Human Rights Council" were inserted;

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(c) At the end of operative paragraph 50, the words "the venue, date, duration and precise level of participation" were replaced by the words "the allocation of funding from the regular budget of the United Nations for the convening of the Conference in 2009"; (d) In operative paragraph 51, after the words "in their regions", the words "consistent with the objectives of the Durban Review Conference" were inserted; (e) Operative paragraph 52, which read:

"Decides that the intersessional working group of the Preparatory Committee for the Durban Review Conference shall perform functions and undertake activities compatible with the goals of the Review Conference and that its primary objective shall be to commence negotiations with a view to consolidating the draft outcome document of the Conference", was deleted and the remaining paragraphs were renumbered accordingly. (f) Operative paragraph 53 (now paragraph 52), which read:

"Requests the Secretary-General to allocate adequate funding from the regular budget of the United Nations for the regional preparatory conferences and the Durban Review Conference, including for the funding of delegations from least developed countries, as well as non-governmental organizations, in particular those from the developing countries", was replaced by: "Requests the Secretary-General to allocate adequate funds from the regular budget of the United Nations, for expenses not covered in Preparatory Committee decision 1/12, to facilitate the participation of all the relevant special procedures and mechanisms of the Human Rights Council in the meetings of the Preparatory Committee and the regional preparatory conferences". 16. Also at the same meeting, the Secretary read out a statement of programme budget implications arising from draft resolution A/C.3/62/L.65/Rev.1 as orally revised, supplementing the statement of programme budget implications on draft resolution A/C.3/62/L.65 contained in document A/C.3/62/L.90. 17. At the same meeting, the representative of Israel made a statement (see A/C.3/62/SR.54). 18. Also at its 54th meeting, the Committee adopted draft resolution A/C.3/62/L.65/Rev.1, as orally revised, by a recorded vote of 119 to 45, with 6 abstentions (see para. 26, draft resolution II). The voting was as follows: In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, India,

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Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Timor-Leste, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe. Against: Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, Poland, Portugal, Republic of Korea, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America. Abstaining: Armenia, Japan, Liechtenstein, New Zealand, Norway, Switzerland. 19. Before the vote, statements were made by the representatives the United States of America, Colombia, Portugal (on behalf of the States Members of the United Nations that are members of the European Union) and Armenia; after the vote, a statement was made by the representative of Japan (see A/C.3/62/SR.54).

C.

Draft resolution A/C.3/62/L.66
20. At the 46th meeting, on 15 November, the representative of Angola, on behalf of the States Members of the United Nations that are members of the Group of African States, introduced a draft resolution entitled "Report of the Human Rights Council on the preparations for the Durban Review Conference" (A/C.3/62/L.66). Subsequently, Cuba, Dominica, Indonesia, Jamaica, Lebanon and Norway joined in sponsoring the draft resolution. 21. At the 49th meeting, on 20 November, the Secretary of the Committee read out a statement of programme budget implications arising from the draft resolution. 22. At the same meeting, the representative of the United States of America made a statement and requested a recorded vote on the draft resolution (see A/C.3/62/SR.49). 23. Also at the same meeting, the Committee adopted draft resolution A/C.3/62/L.66 by a recorded vote of 169 to 2, with 4 abstentions (see para. 26, draft resolution III). The voting was as follows:

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In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe. Against: Israel, United States of America. Abstaining: Australia, Cambodia, Canada, Fiji. 24. Before the adoption of the draft resolution, statements were made by the representatives of the United States of America and Israel (see A/C.3/62/SR.49).

D.

Draft decision proposed by the Chairman
25. At its 54th meeting, on 28 November, on the proposal of the Chairman, the Committee decided to recommend to the General Assembly that it take note of the report of the Secretary-General (A/62/480) 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 (see para. 27).

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III. Recommendations of the Third Committee
26. The Third Committee recommends to the General Assembly the adoption of the following draft resolutions:

Draft resolution I Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance
The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, 1 the International Covenant on Civil and Political Rights, 2 the International Convention on the Elimination of All Forms of Racial Discrimination 3 and other relevant human rights instruments, Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 2004 4 and 2005/5 of 14 April 2005, 5 as well as General Assembly resolutions 60/143 of 16 December 2005 and 61/147 of 19 December 2006 on this issue and resolution 61/149 of 19 December 2006 entitled "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", Recalling also the Charter of the Nuremberg Tribunal and the Judgement of the Tribunal, which recognized, inter alia, the SS organization and all its integral parts, including the Waffen SS, as criminal and declared it responsible for many war crimes and crimes against humanity, Recalling further the relevant provisions of the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance on 8 September 2001, 6 in particular paragraph 2 of the Declaration and paragraph 86 of the Programme of Action, Recalling equally the study undertaken by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, 7 and taking note of his report, 8 Alarmed, in this regard, at the spread in many parts of the world of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups,
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1 2 3 4

5 6 7 8

Resolution 217 A (III). See resolution 2200 A (XXI), annex. United Nations, Treaty Series, vol. 660, No. 9464. See Official Records of the Economic and Social Council, 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. Ibid., 2005, Supplement No. 3 and corrigendum (E/2005/23 and Corr.1), chap. II, sect. A. See A/CONF.189/12 and Corr.1, chap. I. E/CN.4/2006/16 and Add.1, Add.2 and Add.2/Corr.1, Add.3 and Add.4. See A/62/306.

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1. Reaffirms the provision of the Durban Declaration1 in which States condemned the persistence and resurgence of neo-Nazism, neo-Fascism and violent nationalist ideologies based on racial and national prejudice and stated that those phenomena could never be justified in any instance or in any circumstances; Expresses deep concern about the glorification of the Nazi movement 2. and former members of the Waffen SS organization, including by erecting monuments and memorials as well as holding public demonstrations in the name of the glorification of the Nazi past, the Nazi movement and neo-Nazism; Also expresses concern at recurring attempts to desecrate or demolish 3. monuments erected in remembrance of those who fought against Nazism during the Second World War, as well as to unlawfully exhume or remove the remains of such persons, and urges States in this regard to fully comply with their relevant obligations, inter alia, under article 34 of Additional Protocol I to the Geneva Conventions of 1949; 9 4. Notes with concern the increase in the number of racist incidents in several countries and the rise of skinhead groups, which have been responsible for many of these incidents, as well as the resurgence of racist and xenophobic violence targeting members of ethnic, religious or cultural communities and national minorities, as observed by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in his latest report;8 5. Reaffirms that such acts may be qualified to fall within the scope of activities described in article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination,3 and that they may represent a clear and manifest abuse of the rights to freedom of peaceful assembly and of association as well as the rights to freedom of opinion and expression within the meaning of those rights as guaranteed by the Universal Declaration of Human Rights,1 the International Covenant on Civil and Political Rights2 and the International Convention on the Elimination of All Forms of Racial Discrimination; 6. Stresses that the practices described above do injustice to the memory of the countless victims of crimes against humanity committed in the Second World War, in particular those committed by the SS organization, and poison the minds of young people, and that those practices are incompatible with the obligations of States Members of the United Nations under its Charter and are incompatible with the goals and principles of the Organization; Also stresses that such practices fuel contemporary forms of racism, 7. racial discrimination, xenophobia and related intolerance and contribute to the spread and multiplication of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups; Emphasizes the need to take the necessary measures to put an end to the 8. practices described above, and calls upon States to take more effective measures in accordance with international human rights law to combat those phenomena and the extremist movements, which pose a real threat to democratic values;

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9

United Nations, Treaty Series, vol. 1125, No. 17512.

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9. Reaffirms that, according to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties to that instrument are, inter alia, under the obligation: (a) To condemn all propaganda and all organizations that are based on ideas of racial superiority or that attempt to justify or promote racial hatred and discrimination in any form; (b) To undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention; (c) To declare as an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (d) To declare illegal and prohibit organizations and organized and all other propaganda activities that promote and incite racial discrimination and to recognize participation in such organizations or activities as an offence punishable by law; (e) To prohibit public authorities or public institutions, national or local, from promoting or inciting racial discrimination; 10. Encourages those States that have made reservations to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination to give serious consideration to withdrawing such reservations as a matter of priority; 11. Recalls the request of the Commission on Human Rights in its resolution 2005/55 that the Special Rapporteur continue to reflect on this issue, make relevant recommendations in his future reports and seek and take into account in this regard the views of Governments and non-governmental organizations; 12. Urges Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the aforementioned task; 13. Decides to remain seized of the issue.

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Draft resolution II 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
The General Assembly, Recalling its resolution 52/111 of 12 December 1997, in which it decided to convene the third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and its resolutions 56/266 of 27 March 2002, 57/195 of 18 December 2002, 58/160 of 22 December 2003, 59/177 of 20 December 2004 and 60/144 of 16 December 2005, which guided the comprehensive follow-up to and effective implementation of the Conference, and in this regard underlining the importance of their full and effective implementation, Recalling also its resolution 61/149 of 19 December 2006, in which it decided to convene in 2009 a review conference on the implementation of the Durban Declaration and Programme of Action 1 to be conducted within the framework of the General Assembly, hereinafter referred to as the Durban Review Conference, Noting, in the above context, the decisions of the Preparatory Committee for the Durban Review Conference at its organizational session, 2 including its decision 1/13 on the objectives of the Durban Review Conference, Noting also all the relevant resolutions and decisions of the Commission on Human Rights and of the Human Rights Council on this subject, and calling for their implementation, Reiterating that all human beings are born free and equal in dignity and rights and have the potential to contribute constructively to the development and wellbeing of their societies, and that any doctrine of racial superiority is scientifically false, morally condemnable, socially unjust and dangerous and must be rejected, together with theories that attempt to determine the existence of separate human races, Convinced that racism, racial discrimination, xenophobia and related intolerance manifest themselves in a differentiated manner for women and girls and may be among the factors leading to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination and the limitation or denial of their human rights, and recognizing the need to integrate a gender perspective into relevant policies, strategies and programmes of action against racism, racial discrimination, xenophobia and related intolerance in order to address multiple forms of discrimination, Underlining the primacy of political will, international cooperation and adequate funding at the national, regional and international levels for the successful implementation of the Durban Programme of Action, Alarmed at the increase in racist violence and xenophobic ideas in many parts of the world, in political circles, in the sphere of public opinion and in society at
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1 2

See A/CONF.189/12 and Corr.1, chap. I. A/62/375, annex I.

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large, inter alia, as a result of the resurgent activities of associations established on the basis of racist and xenophobic platforms and charters, and the persistent use of those platforms and charters to promote or incite racist ideologies, Underlining the importance of urgently eliminating continuing and violent trends involving racism and racial discrimination, and conscious that any form of impunity for crimes motivated by racist and xenophobic attitudes plays a role in weakening the rule of law and democracy, tends to encourage the recurrence of such crimes and requires resolute action and cooperation for its eradication, Welcoming the determination of the United Nations High Commissioner for Human Rights to profile and increase the visibility of the struggle against racism, racial discrimination, xenophobia and related intolerance and her intention to make this a cross-cutting issue in the activities and programmes of her Office, Taking note of the report of the Secretary-General 3 and the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, 4 I General principles 1. Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments; Expresses its profound concern about and its unequivocal condemnation 2. of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and intolerance, as well as propaganda activities and organizations that attempt to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form; Expresses deep concern at recent attempts to establish hierarchies among 3. emerging and resurgent forms of racism, racial discrimination, xenophobia and related intolerance, and urges States to adopt measures to address these scourges with the same emphasis and vigour with a view to preventing this practice and protecting victims; Stresses that States and international organizations have a responsibility 4. to ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin, and urges all States to rescind or refrain from all forms of racial profiling; Recognizes that States should implement and enforce appropriate and 5. effective legislative, judicial, regulatory and administrative measures to prevent and protect against acts of racism, racial discrimination, xenophobia and related intolerance, thereby contributing to the prevention of human rights violations; Also recognizes that racism, racial discrimination, xenophobia and 6. related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of
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3 4

A/62/480. See A/62/306.

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discrimination based on other related grounds, such as sex, language, religion, political or other opinion, social origin, property, birth or other status; 7. Reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law; Emphasizes that it is the responsibility of States to adopt effective 8. measures to combat criminal acts motivated by racism, racial discrimination, xenophobia and related intolerance, including measures to ensure that such motivations are considered an aggravating factor for the purposes of sentencing, to prevent those crimes from going unpunished and to ensure the rule of law; Urges all States to review and, where necessary, revise their immigration 9. laws, policies and practices so that they are free of racial discrimination and compatible with their obligations under international human rights instruments; 10. Condemns the misuse of print, audio-visual and electronic media and new communication technologies, including the Internet, to incite violence motivated by racial hatred, and calls upon States to take all necessary measures to combat this form of racism in accordance with the commitments that they have undertaken under the Durban Declaration and Programme of Action,1 in particular paragraph 147 of the Programme of Action, in accordance with existing international and regional standards of freedom of expression and taking all necessary measures to guarantee the right to freedom of opinion and expression; 11. Encourages all States to include in their educational curricula and social programmes at all levels, as appropriate, knowledge of and tolerance and respect for all cultures, civilizations, religions, peoples and countries; 12. Stresses the responsibility of States to mainstream a gender perspective in the design and development of prevention, education and protection measures aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at all levels, to ensure that they effectively target the distinct situations of women and men; II International Convention on the Elimination of All Forms of Racial Discrimination 13. Reaffirms that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination 5 are of paramount importance for the fight against racism, racial discrimination, xenophobia and related intolerance, including contemporary forms of racism and racial discrimination, and for the promotion of equality and non-discrimination in the world; 14. Reiterates the call made by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, in paragraph 75 of the Durban Programme of Action, to achieve universal ratification of the Convention by 2005 and for all States to consider making the declaration envisaged under article 14 of the Convention, and endorses the grave concern expressed by the Commission on
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5

United Nations, Treaty Series, vol. 660, No. 9464.

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Human Rights in its resolution 2005/64 of 20 April 2005 6 to the effect that, with one hundred and seventy-three ratifications and only forty-nine declarations, the deadline for universal ratification decided by the World Conference has, regrettably, not been realized; 15. Urges, in the above context, the Office of the United Nations High Commissioner for Human Rights to maintain and issue regular updates on its website of a list of countries that have not yet ratified the Convention and to encourage such countries to ratify it at the earliest; 16. Expresses its concern at the serious delays in the submission of overdue reports to the Committee on the Elimination of Racial Discrimination, which impedes the effectiveness of the Committee, makes a strong appeal to all States parties to the Convention to comply with their treaty obligations, and reaffirms the importance of the provision of technical assistance to the requesting countries in the preparation of their reports to the Committee; 17. Invites States parties to the Convention to ratify the amendment to article 8 of the Convention on the financing of the Committee, and calls for adequate additional resources from the regular budget of the United Nations to enable the Committee to discharge its mandate fully; 18. Urges all States parties to the Convention to intensify their efforts to implement the obligations that they have accepted under article 4 of the Convention, with due regard to the principles of the Universal Declaration of Human Rights 7 and article 5 of the Convention; 19. Welcomes the work of the Committee in applying the Convention to the new and contemporary forms of racism and racial discrimination; 20. Recalls that the Committee holds that the prohibition of the dissemination of ideas based on racial superiority or racial hatred is compatible with the right to freedom of opinion and expression as outlined in article 19 of the Universal Declaration of Human Rights and in article 5 of the Convention; 21. Welcomes the emphasis placed by the Committee on the importance of follow-up to the World Conference and the measures recommended to strengthen the implementation of the Convention as well as the functioning of the Committee; 8 III Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action 22. Acknowledges that the outcome of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance is on an equal footing with the outcomes of all the major United Nations conferences, summits and special sessions in the human rights and social fields;

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6

7 8

Official Records of the Economic and Social Council, 2005, Supplement No. 3 and corrigendum (E/2005/23 and Corr.1), chap. II, sect. A. Resolution 217 A (III). See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. E.

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23. Also acknowledges that the World Conference, which was the third world conference against racism, was significantly different from the previous two conferences, as evidenced by the inclusion in its title of two important components relating to contemporary forms of racism, namely, xenophobia and related intolerance; 24. Emphasizes that the basic responsibility for effectively combating racism, racial discrimination, xenophobia and related intolerance lies with States, and to this end stresses that States have the primary responsibility to ensure full and effective implementation of all commitments and recommendations contained in the Durban Declaration and Programme of Action; 25. Reaffirms its commitment to eliminating all forms of racism, racial discrimination, xenophobia and other forms of related intolerance against indigenous peoples and, in this regard, notes the attention paid to the objectives of combating prejudice and eliminating discrimination and promoting tolerance, understanding and good relations among indigenous peoples and all other segments of society in the United Nations Declaration on the Rights of Indigenous Peoples; 9 26. Emphasizes the fundamental and complementary role of national human rights institutions, regional bodies or centres and civil society, working jointly with States towards the achievement of the objectives of the Durban Declaration and Programme of Action; 27. Welcomes the steps taken by numerous Governments, in particular the elaboration and implementation of national action plans to combat racism, racial discrimination, xenophobia and related intolerance, and steps taken by national human rights institutions and non-governmental organizations, towards the full implementation of the Durban Declaration and Programme of Action, and affirms this trend as a demonstration of commitment for the elimination of all scourges of racism at the national level; 28. Calls upon all States that have not yet elaborated their national action plans on combating racism, racial discrimination, xenophobia and related intolerance to comply with their commitments undertaken at the World Conference; 29. Calls upon all States to formulate and implement without delay, at the national, regional and international levels, policies and plans of action to combat racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations; 30. Acknowledges and supports the initiative led by the States members of the Caribbean Community and other Member States for the establishment of a permanent memorial at the United Nations to the victims of slavery and the transatlantic slave trade as a contribution towards the fulfilment of paragraph 101 of the Durban Declaration, expresses its appreciation for contributions made to the voluntary fund established in this regard, and urges other countries to contribute to the fund; 31. Urges States to support the activities of existing regional bodies or centres that combat racism, racial discrimination, xenophobia and related
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9

Resolution 61/295, annex.

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intolerance in their respective regions, and recommends the establishment of such bodies in all regions where they do not exist; 32. Recognizes the fundamental role of civil society in the fight against racism, racial discrimination, xenophobia and related intolerance, in particular in assisting States to develop regulations and strategies, in taking measures and action against such forms of discrimination and through follow-up implementation; 33. Decides that the General Assembly, through its role in policy formulation, the Economic and Social Council, through its role in overall guidance and coordination, in accordance with their respective roles under the Charter of the United Nations and Assembly resolution 50/227 of 24 May 1996, and the Human Rights Council shall constitute a three-tiered intergovernmental process for the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action; 34. Stresses and reaffirms its role as the highest intergovernmental mechanism for the formulation and appraisal of policy on matters related to the economic, social and related fields, in accordance with Chapter IX of the Charter, including in the comprehensive implementation of and follow-up to the goals and targets set at all the major United Nations conferences, summits and special sessions; 35. Reaffirms that the Human Rights Council shall continue to have a central role in the monitoring of the implementation of the Durban Declaration and Programme of Action within the United Nations system and in advising the General Assembly thereon; 36. Expresses its appreciation for the continuing work in follow-up to the World Conference undertaken by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action and the Working Group of Experts on People of African Descent; 37. Acknowledges the centrality of resource mobilization, effective global partnership and international cooperation in the context of paragraphs 157 and 158 of the Durban Programme of Action for the successful realization of commitments undertaken at the World Conference, and to this end emphasizes the importance of the mandate of the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action, especially in mobilizing the necessary political will required for the successful implementation of the Declaration and Programme of Action; 38. Requests the Secretary-General to provide the necessary resources for the effective fulfilment of the mandates of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, the Working Group of Experts on People of African Descent and the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action; 39. Expresses its concern at the increasing incidence of racism in various sporting events, while noting with appreciation the efforts made by some governing bodies of the various sporting codes to combat racism, and in this regard invites all

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international sporting bodies to promote, through their national, regional and international federations, a world of sport free from racism and racial discrimination; 40. Invites, in this context, the Fédération internationale de football association, in connection with the 2010 soccer World Cup tournament to be held in South Africa, to consider introducing a visible theme on non-racism in football, requests the Secretary-General to bring this invitation to the attention of the Fédération and to bring the issue of racism in sport to the attention of other relevant international sporting bodies, and, in this regard, appreciates the joint efforts of the Government of Germany, the Secretary-General and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance during the 2006 World Cup; IV Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits 41. Expresses its full support and appreciation for the work of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and encourages its continuation, bearing in mind the special procedures review process being undertaken by the Human Rights Council; 42. Reiterates its call to all Member States, intergovernmental organizations, relevant organizations of the United Nations system and non-governmental organizations to cooperate fully with the Special Rapporteur, and calls upon States to consider responding favourably to his requests for visits so as to enable him to fulfil his mandate fully and effectively; 43. Recognizes with deep concern the increase in anti-Semitism, Christianophobia and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas directed against Arab, Christian, Jewish and Muslim communities, as well as all religious communities, communities of people of African descent, communities of people of Asian descent, communities of indigenous people and other communities; 44. Encourages closer collaboration between the Special Rapporteur and the Office of the United Nations High Commissioner for Human Rights, in particular the Anti-Discrimination Unit; 45. Urges the United Nations High Commissioner for Human Rights to provide States, at their request, with advisory services and technical assistance to enable them to implement fully the recommendations of the Special Rapporteur; 46. Requests the Secretary-General to provide the Special Rapporteur with all the necessary human and financial assistance to carry out his mandate efficiently, effectively and expeditiously and to enable him to submit a report to the General Assembly at its sixty-third session; 47. Takes note of the recommendations contained in the interim report of the Special Rapporteur,4 and urges Member States and other relevant stakeholders to consider implementing those recommendations;

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48. Requests the Special Rapporteur to continue giving particular attention to the negative impact of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of civil, cultural, economic, political and social rights by national or ethnic, religious and linguistic minorities, immigrant populations, asylum-seekers and refugees; 49. Invites Member States to demonstrate greater commitment to fighting racism in sport by conducting educational and awareness-raising activities and by strongly condemning the perpetrators of racist incidents, in cooperation with national and international sports organizations; V Convening of the Durban Review Conference 50. Welcomes the report of the Preparatory Committee for the Durban Review Conference on its organizational session, 10 and underlines that the Preparatory Committee shall at its first substantive session, in accordance with its decision 1/14, 11 discuss, inter alia, the organization of the work of the Conference and other matters, including the allocation of funding from the regular budget of the United Nations for the convening of the Conference in 2009; 51. Calls upon Member States that are in a position to do so to offer to host the regional preparatory conferences in their regions consistent with the objectives of the Durban Review Conference and to ensure the widest possible participation in these conferences, whose outcomes will contribute to the deliberations of the Preparatory Committee; 52. Requests the Secretary-General to allocate adequate funds from the regular budget of the United Nations, for expenses not covered in Preparatory Committee decision 1/12, to facilitate the participation of all the relevant special procedures and mechanisms of the Human Rights Council in the meetings of the Preparatory Committee and the regional preparatory conferences; VI General 53. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its sixty-third session; 54. Decides to remain seized of this important matter at its sixty-third session under an item entitled "Elimination of racism, racial discrimination, xenophobia and related intolerance".

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10 11

A/62/375. Ibid., annex I.

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Draft resolution III Report of the Human Rights Council on the preparations for the Durban Review Conference
The General Assembly, Taking note of its resolution 61/149 of 19 December 2006 and Human Rights Council resolution 3/2 of 8 December 2006, 1 Recalling Human Rights Council decision 6/105 of 28 September 2007, 2 in which the Council invited the Preparatory Committee for the Durban Review Conference to submit its reports to the General Assembly, Bearing in mind that the modalities of the Review Conference have yet to be finalized, 1. Welcomes the report of the Preparatory Committee for the Durban Review Conference on its first session, 3 including its annexes and appendices, in particular the decisions adopted by the Preparatory Committee at its organizational session; 4 2. Endorses the decisions adopted by the Preparatory Committee at its organizational session.

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1

2

3 4

Official Records of the General Assembly, Sixty-second Session, Supplement No. 53 (A/62/53), chap. II, sect A. See A/HRC/6/L.11 (to be issued in final form as part of Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53), chap. I, sect. B. A/62/375. Ibid., annex I.

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27. The Third Committee also recommends to the General Assembly the adoption of the following draft decision:

Document considered by the General Assembly in connection with the elimination of racism and racial discrimination
The General Assembly decides to take note of the report of the SecretaryGeneral 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. 1

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1

A/62/480.

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