From the Report of the Third Committee: Elimination of racism, racial discrimination, xenophobia and related intolerance”, A/65/454

Draft resolution III

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 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 World Conference, and in this regard underlining
the importance of their full and effective implementation,
Recalling its resolution 64/148 of 26 March 2010, in which it, inter alia, called
for the 10-year commemoration of the Durban Declaration and Programme of
Action adopted by the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, 1 which represents an important opportunity
for the international community to reaffirm its commitment to the eradication of
racism, racial discrimination, xenophobia and related intolerance, including by
mobilizing political will at the national, regional and international levels, with a
view to achieving concrete results,
Taking note of Human Rights Council decision 3/103 of 8 December 2006,2 by
which, heeding the decision and instruction of the World Conference, the Council
established the Ad Hoc Committee of the Human Rights Council on the Elaboration
of Complementary Standards, and encouraging the Committee to continue making
progress in the discharge of its mandate,
Bearing in mind the responsibility and obligations of the Human Rights
Council emanating from the outcome of the Durban Review Conference,3
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
well-being 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 needed to address
all forms and manifestations of racism, racial discrimination, xenophobia and
related intolerance,
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
large as a result, inter alia, 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,
Acknowledging the centrality of resource mobilization, effective global
partnership and international cooperation in the context of paragraphs 157 and 158
of the Durban Programme of Action1 for the successful realization of commitments
undertaken at the World Conference,
Expressing grave concern at the lack of progress made in the implementation
of the Durban Declaration and Programme of Action, in particular key paragraphs
157 to 159 of the Programme of Action,1
Welcoming the continued commitment of the United Nations High
Commissioner for Human Rights to profiling and increasing the visibility of the
struggle against racism, racial discrimination, xenophobia and related intolerance,
and recognizing the need for the High Commissioner to make this a cross-cutting
issue in the activities and programmes of her Office,
Welcoming the work of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action at its seventh
and eighth sessions, held from 5 to 16 October 2009 and from 11 to 22 October
2010, respectively, in particular the recommendation on the commemoration of the
tenth anniversary of the adoption of the Durban Declaration and Programme of
Action, and looking forward to the consideration by the Human Rights Council of
the conclusions and recommendations of the Working Group,
Recognizing the potential of sport as a universal language contributing to the
education of people on the values of diversity, tolerance and fairness and as a means
to combat racism, racial discrimination, xenophobia and related intolerance,
Welcoming the hosting of the 2010 and 2014 International Federation of
Association Football World Cups in South Africa and Brazil, respectively, and
stressing the importance of making continuing use of those events to promote
understanding, tolerance and peace, and to promote and strengthen efforts in the
fight against racism, racial discrimination, xenophobia and related intolerance,

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;
2. Expresses its profound concern about and its unequivocal condemnation
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;
3. Re-emphasizes that international cooperation is a key principle in
achieving the goal of 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
4. Expresses deep concern at inadequate responses to emerging and
resurgent forms of racism, racial discrimination, xenophobia and related intolerance,
and urges States to adopt measures to address those scourges vigorously with a view
to preventing their practice and protecting victims;
5. Underlines the imperative need to address all the contemporary forms
and manifestations of racism, racial discrimination, xenophobia and related
intolerance, which include, inter alia, incitement to such hatred, racial profiling and
the propagation of racist and xenophobic acts through cyberspace, with a view to
maximizing protection for victims, providing legal remedies and combating
impunity;
6. Stresses that States and international organizations have a responsibility
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;
7. Recognizes that States should implement and enforce appropriate and
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;
8. Also recognizes that racism, racial discrimination, xenophobia and
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
discrimination based on other related grounds, such as sex, language, religion,
political or other opinion, social origin, property and birth;
9. Reaffirms that any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be prohibited by
law;
10. Emphasizes that it is the responsibility of States to adopt effective
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;
11. Urges all States to review and, where necessary, revise their immigration
laws, policies and practices so that they are free of racial discrimination and
compatible with their obligations under international human rights instruments;
12. Calls upon all States, in accordance with the commitments undertaken in
paragraph 147 of the Durban Programme of Action,1 to take all measures necessary
to combat incitement to violence motivated by racial hatred, including through the
misuse of print, audio-visual and electronic media and new communications
technologies, and, in collaboration with service providers, to promote the use of
such technologies, including the Internet, to contribute to the fight against racism, in
conformity with international standards of freedom of expression and taking all
measures necessary to guarantee that right;
13. 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, as well as information on
the follow-up to and implementation of the Durban Declaration and Programme of
Action;
14. Stresses the responsibility of States to mainstream a gender perspective
into 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
15. Reaffirms that universal adherence to and full implementation of the
International Convention on the Elimination of All Forms of Racial Discrimination4
are of paramount importance for the fight against racism, racial discrimination,
xenophobia and related intolerance, and for the promotion of equality and
non-discrimination in the world;
16. Expresses grave concern that universal ratification of the Convention has
not yet been reached, despite commitments under the Durban Declaration and
Programme of Action, and calls upon those States that have not yet done so to
accede to the Convention as a matter of urgency;
17. Urges, in the above context, the Office of the United Nations High
Commissioner for Human Rights to maintain on its website and issue regular
updates on a list of countries that have not yet ratified the Convention and to
encourage those countries to ratify it at the earliest possible time;
18. Expresses concern at the serious delays in the submission of overdue
reports to the Committee on the Elimination of Racial Discrimination, which impede
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 requesting countries in the preparation of
their reports to the Committee;
19. 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;
20. 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 Rights5 and
article 5 of the Convention;
21. 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;
22. 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;
23. Calls upon Member States to do their utmost to ensure that their
responses to the current financial and economic crisis do not lead to increased
poverty and underdevelopment and, potentially, a rise in racism, racial
discrimination, xenophobia and related intolerance against foreigners, immigrants
and persons belonging to national, ethnic, religious and linguistic minorities all over
the world;

III
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance, and follow-up to his visits
24. Takes note of the report of the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance6 and the
recommendations contained therein;
25. Also takes note of the work done by the Special Rapporteur, and
welcomes Human Rights Council resolution 7/34 of 28 March 2008,7 by which the
Council decided to extend the mandate of the Special Rapporteur for a period of
three years;
26. Further takes note of the reports of the Special Rapporteur, 8 and
encourages Member States and other relevant stakeholders to consider implementing
the recommendations contained therein;
27. 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;
28. 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;
29. 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;
30. Requests the High Commissioner to continue to provide States, at their
request, with advisory services and technical assistance to enable them to implement
fully the recommendations of the Special Rapporteur;
31. Requests the Secretary-General to provide the Special Rapporteur with
all the human and financial assistance necessary to carry out his mandate efficiently,
effectively and expeditiously and to enable him to submit a report to the General
Assembly at its sixty-sixth session;
32. Requests the Special Rapporteur, within his mandate, 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;
33. 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;
34. Recommends that States engage in broad efforts to eliminate racism,
racial discrimination, xenophobia and related intolerance and to promote cultural,
ethnic and religious diversity, and in that regard emphasizes the crucial role of
education, including human rights education, training and learning, and a variety of
awareness-raising measures which contribute to the creation of tolerant societies in
which mutual understanding may be ensured;
35. Recommends that all States give due attention to and closely monitor the
way in which the concept of national identity is debated within their societies, with
a view to preventing it from being used as a tool to create artificial differences
among some groups of the population;
36. Expresses concern at recent deeply marked tendencies within numerous
societies to characterize migration as a problem and a threat to social cohesion and,
in this context, notes the numerous human rights challenges in combating racism,
racial discrimination, xenophobia and related intolerance;
37. Recommends that States conduct human rights training, including on the
challenges of racism, racial discrimination, xenophobia and related intolerance
faced by migrants, refugees and asylum-seekers, for law enforcement officials,
especially immigration officials and border police, so that they may act in
conformity with international human rights law;
38. Also recommends that States collect disaggregated data in order to design
appropriate anti-racial-discrimination legislation and policies and monitor their
effectiveness, while abiding by some key principles, including self-identification,
the right to privacy, and guaranteeing the consent of those concerned, in the design
and implementation of the exercise;

IV
Outcomes of the 2001 World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the 2009 Durban Review Conference
39. Reaffirms that the General Assembly is the highest intergovernmental
mechanism for the formulation and appraisal of policy on matters relating to the
economic, social and related fields, in accordance with Assembly resolution 50/227
of 24 May 1996, and that, together with the Human Rights Council, it shall
constitute an intergovernmental process for the comprehensive implementation of
and follow-up to the Durban Declaration and Programme of Action;
40. 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 the full and
effective implementation of all commitments and recommendations contained in the
Durban Declaration and Programme of Action as well as the outcome of the Durban
Review Conference, and in this regard welcomes the steps taken by numerous
Governments;
41. 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
of 2001;
42. 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;
43. Urges States to support the activities of existing regional bodies or
centres that combat racism, racial discrimination, xenophobia and related
intolerance in their respective regions, and recommends the establishment of such
bodies in all regions where they do not exist;
44. Calls upon those States that have not yet done so to consider signing and
ratifying or acceding to the instruments enumerated in paragraph 78 of the Durban
Programme of Action,1 including the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families of 1990;9
45. Emphasizes the fundamental and complementary role of national human
rights institutions, regional bodies or centres and civil society, working jointly with
States towards the elimination of all forms of racism and, in particular, towards the
achievement of the objectives of the Durban Declaration and Programme of Action;
46. Recognizes the fundamental role of civil society in the fight against
racism, racial discrimination, xenophobia and related intolerance, in particular in
helping States to develop regulations and strategies, in taking measures and action
against such forms of discrimination and through follow-up implementation;
47. 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, 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;10
48. Acknowledges that the World Conference of 2001, 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;
49. Also acknowledges that the outcomes of the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Durban
Review Conference are 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;
50. Decides to hold a one-day high-level meeting of the General Assembly to
commemorate the tenth anniversary of the adoption of the Durban Declaration and
Programme of Action, at the level of Heads of State and Government, on the second
day of the general debate of the sixty-sixth session, under the theme “Victims of
racism, racial discrimination, xenophobia and related intolerance: recognition,
justice and development”, consisting of an opening plenary meeting, consecutive
round tables/thematic panels and a closing plenary meeting, and calls on the
President of the General Assembly to appoint co-facilitators to conduct
consultations on the scope, modalities, format and organization of the high-level
meeting;
51. Also decides that the meeting will adopt a short and concise political
declaration aimed at mobilizing political will at the national, regional and
international levels for the full and effective implementation of the Durban
Declaration and Programme of Action and its follow-up processes;
52. Invites Member States, international and regional organizations, civil
society, including non-governmental organizations, and other stakeholders to
organize and support various high-visibility initiatives, aimed at effectively
increasing awareness at all levels, to commemorate the tenth anniversary of the
adoption of the Durban Declaration and Programme of Action;
53. Requests the Secretary-General to establish a programme of outreach,
with the involvement of Member States and United Nations funds and programmes
as well as civil society, including non-governmental organizations, to appropriately
commemorate the tenth anniversary of the adoption of the Durban Declaration and
Programme of Action;
54. Emphasizes the critical importance of increasing public support for the
Durban Declaration and Programme of Action and the involvement of relevant
stakeholders in its realization;
55. Welcomes the decision of the Human Rights Council to convene a panel
discussion during the high-level segment of its sixteenth session focusing on the full
enjoyment by people of African descent of their human rights, to mark the
International Year for People of African Descent;11
56. Calls upon Member States and the United Nations system to intensify
efforts to widely distribute copies of the Durban Declaration and Programme of
Action, and encourages efforts to ensure its translation and wide dissemination;
57. Requests the Office of the United Nations High Commissioner for
Human Rights and the Department of Public Information of the Secretariat to launch
a public information campaign for the commemoration of the tenth anniversary of
the adoption of the Durban Declaration and Programme of Action, including the
wide distribution of user-friendly information materials through the United Nations
system, inter alia, through United Nations information centres;
58. Welcomes the decision of the Human Rights Council to dedicate part of
the programme of work at its seventeenth session, under the item entitled “Racism,
racial discrimination, xenophobia and related forms of intolerance, follow-up to and
implementation of the Durban Declaration and Programme of Action” to a
discussion on, inter alia, best practices in the fight against racism, racial
discrimination, xenophobia and related intolerance in the context of the tenth
anniversary of the Durban Declaration and Programme of Action during the highlevel
segment of the General Assembly;11
59. Also welcomes the adoption of the laudable 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,1 expresses its appreciation for
contributions made to the voluntary fund established in this regard, and urges other
countries to contribute to the fund;
60. Expresses its appreciation for the continuing work of the mechanisms
mandated to follow up on the World Conference and the Durban Review
Conference;
61. Calls upon the Human Rights Council to ensure that, upon the
consideration and adoption of the conclusions and recommendations of the
Intergovernmental Working Group on the Effective Implementation of the Durban
Declaration and Programme of Action, the recommendations are brought to the
attention of the relevant United Nations agencies for adoption and implementation
within their respective mandates;
62. 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 Action1 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
political will necessary for the successful implementation of the Declaration and
Programme of Action;
63. Requests the Secretary-General to provide the resources necessary 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, the group of independent
eminent experts on the implementation of the Durban Declaration and Programme
of Action, and the Ad Hoc Committee on the Elaboration of Complementary
Standards;
64. Recalls the request to the Human Rights Council to consider necessary
measures to enhance the effectiveness of the follow-up mechanisms for the Durban
Declaration and Programme of Action and to ensure better synergy and
complementarities in the work of those mechanisms, and looks forward to the
discussions with a view to enhancing the interface among and focus of the follow-up
mechanisms in order to achieve greater synchronization and coordination at all
levels, within their respective mandates, including through the restructuring and
reorganization of their work, if deemed appropriate by the Council, and to allow
joint discussions and meetings;
65. Expresses 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
international sporting bodies to promote, through their national, regional and
international federations, a world of sport free from racism and racial
discrimination;
66. Welcomes the historic and unique dimension of the 2010 International
Federation of Association Football World Cup in South Africa, which marked the
first time that this major sporting event was held on the African continent;
67. Expresses serious concern at recent incidents of racism at sporting events
targeting, in particular, Africans and people of African descent, and recalls the need
to reverse this legacy of racism;
68. Expresses its appreciation, in this context, to the International Federation
of Association Football for the initiative to introduce a visible theme on non-racism
in football, and invites the Federation to continue this initiative at the 2014 World
Cup soccer tournament to be held in Brazil;
69. Calls upon States to take advantage of mass sporting events as valuable
outreach platforms to mobilize people and convey crucial messages about equality
and non-discrimination;
70. Acknowledges the guidance and leadership role of the Human Rights
Council, and encourages it to continue overseeing the implementation of the Durban
Declaration and Programme of Action and the outcome document of the Durban
Review Conference;
71. Requests the Office of the United Nations High Commissioner for
Human Rights to continue to provide the Human Rights Council with all the
necessary support for it to achieve its objectives in this regard;
V
Follow-up activities
72. Strongly recommends that future meetings of the Human Rights Council
focusing on the follow-up to the World Conference and the implementation of the
Durban Declaration and Programme of Action be scheduled in a manner that allows
broad participation and avoids overlap with the meetings devoted to the
consideration of this item in the General Assembly;
73. Requests the Secretary-General to submit to the General Assembly at its
sixty-sixth session a report on the implementation of the present resolution, with
recommendations;
74. Decides to remain seized of this important matter at its sixty-sixth
session under the item entitled “Elimination of racism, racial discrimination,
xenophobia and related intolerance”.