Sixty-first session Agenda item 65 Elimination of racism and racial discrimination Report of the Third Committee Rapporteur: Ms. Elena Molaroni (San Marino) I. Introduction 1. At its 2nd plenary meeting, on 13 September 2006, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-first 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 agenda item 65 jointly with item 66 at its 38th to 40th meetings, on 6 and 7 November 2006, and considered proposals and took action on item 65 at its 45th, 46th, 48th, 50th and 51st meetings, on 13, 16, 17, 21 and 22 November. An account of the Committee’s discussion is contained in the relevant summary records (A/C.3/61/SR.38-40, 45, 46, 48, 50 and 51). 3. For its consideration of the item, the Committee had before it the following documents: Item 65 (a) Elimination of racism and racial discrimination Report of the Committee on the Elimination of Racial Discrimination Report of the Secretary-General on the financial situation of the Committee on the Elimination of Racial Discrimination (A/61/186) Report of the Secretary-General on the status of the International Convention on the Elimination of All Forms of Racial Discrimination (A/61/260) 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/61/335) Item 65 (b) Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action 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/61/337) 4. At the 38th meeting, on 6 November, the Officer-in-Charge of the New York Office of the United Nations High Commissioner for Human Rights made an introductory statement (see A/C.3/61/SR.38). 5. At the same meeting, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance made an introductory statement under sub-item (a). The Committee engaged in a question-and-answer session with the Special Rapporteur, in which the representatives of the Syrian Arab Republic, Finland (on behalf of the States Members of the United Nations that are members of the European Union), Saudi Arabia, the Russian Federation, Japan, Cuba, Egypt, the Libyan Arab Jamahiriya, Jamaica, Switzerland, Peru and Barbados took part (see A/C.3/61/SR.38). II. Consideration of proposals A. Draft resolution A/C.3/61/L.48 6. At the 45th meeting on 13 November, the representative of the Russian Federation, on behalf of Belarus, Cuba, 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” (A/C.3/61/L.48) and orally revised operative paragraph 1 by replacing the words “violent nationalist prejudice” with the words “violent nationalist ideologies based on racial and national prejudice”. Subsequently, Benin, the Central African Republic, Ethiopia and Nigeria joined in sponsoring the draft resolution. 7. At its 46th meeting, on 16 November, the Committee was advised that the draft resolution had no programme budget implications. 8. At the same meeting, the representative of the Russian Federation made a statement (see A/C.3/61/SR.46). 9. Also 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.3/61/SR.46). 10. Also at its 46th meeting, the Committee adopted draft resolution A/C.3/61/L.48, as orally revised by a recorded vote of 107 to 3, with 53 abstentions (see para. 23, 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, Burundi, Cambodia, Cameroon, Central African Republic, 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, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Grenada, Guatemala, Guyana, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Paraguay, Peru, Philippines, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Singapore, South Africa, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Thailand, Timor-Leste, Togo, Tunisia, Uganda, United Arab Emirates, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe. Against: Japan, Micronesia (Federated States of), United States of America. Abstaining: Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Cape Verde, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Haiti, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Nepal, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Republic of Korea, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania. 11. Before the adoption of the draft resolution, statements were made by the representatives of Finland (on behalf of the States Members of the United Nations that are members of the European Union); after the adoption of the draft resolution, statements were made by the representatives of Japan, Costa Rica and Qatar (see A/C.3/61/SR.46). B. Draft resolution A/C.3/61/L.49 12. At the 45th meeting, on 13 November, the representative of Belgium, on behalf of Albania, Argentina, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Croatia, Cyprus, the Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Haiti, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Moldova, Monaco, Namibia, the Netherlands, Pakistan, Panama, Poland, Portugal, the Republic of Korea, Romania, Rwanda, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey and the United Kingdom of Great Britain and Northern Ireland, introduced a draft resolution entitled “International Convention on the Elimination of All Forms of Racial Discrimination” (A/C.3/61/L.49). Subsequently, Andorra, Angola, Armenia, Azerbaijan, Bangladesh, Benin, Bolivia, Cameroon, Cape Verde, the Central African Republic, China, the Congo, Costa Rica, Côte d’Ivoire, the Democratic Republic of the Congo, the Dominican Republic, El Salvador, Guatemala, Honduras, Kazakhstan, Kenya, Lesotho, Liechtenstein, Madagascar, Mauritania, Morocco, Nigeria, Norway, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sri Lanka, South Africa, Thailand, Timor-Leste, Uzbekistan, Ukraine, Venezuela (Bolivarian Republic of), Zambia and Zimbabwe joined in sponsoring the draft resolution. 13. At its 48th meeting, on 17 November, the Committee was advised that the draft resolution had no programme budget implications. 14. At the same meeting, the representative of Slovenia orally revised the draft resolution as follows: (a) Operative paragraph 2, which read: “2. Commends the Committee for its contributions to the effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, especially through the examination of reports under article 9 of the Convention, action on communications under article 14 of the Convention, early warning measures and urgent procedures and thematic discussions on issues such as the prevention of genocide, which contribute to the prevention and elimination of racism, racial discrimination, xenophobia and related intolerance”, was replaced by: “2. Commends the Committee for its contributions to the effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, especially through the examination of reports under article 9 of the Convention, action on communications under article 14 of the Convention and thematic discussions, which contribute to the prevention and elimination of racism, racial discrimination, xenophobia and related intolerance”; (b) At the end of operative paragraph 18, the words “one hundred and seventy-two” were replaced by the words “one hundred and seventy-three”; (c) In operative paragraph 24, at the end of the sentence, the words “under the item entitled ‘Elimination of racism and racial discrimination’” were added. 15. At the same meeting, the Committee adopted draft resolution A/C.3/61/L.49, as orally revised, without a vote (see para. 23, draft resolution II). 16. After the adoption of the draft resolution, the representative of the United States of America made a statement (see A/C.3/61/SR.48). C. Draft resolution A/C.3/61/L.53 and Rev.1 17. At the 45th meeting, on 13 November, the representative of South Africa, 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 “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.3/61/L.53). Subsequently, the Russian Federation joined in sponsoring the draft resolution, which read: “The General Assembly, “Recalling its resolution 60/144 of 16 December 2005, in which it reiterated its firm commitment to continue its global efforts towards the total elimination of the scourges of racism, racial discrimination, xenophobia and related intolerance, and towards the effective and comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, “Recalling also its resolution 59/177 of 20 December 2004, in which it firmly consolidated the global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance and recognized the absolute necessity and the imperative nature of the political will for the achievement of the commitments undertaken in the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, “Recalling further its resolution 58/160 of 22 December 2003, in which it decided to place emphasis on the concrete implementation of the Durban Declaration and Programme of Action as a solid foundation for a broad-based consensus for further actions and initiatives towards the total elimination of the scourge of racism, “Recalling its resolution 57/195 of 18 December 2002, in which it outlined the important roles and responsibilities of the various organs of the United Nations and other stakeholders at the international, regional and national levels, including, in particular, the Commission on Human Rights, and its resolution 56/266 of 27 March 2002, in which it endorsed the Durban Declaration and Programme of Action as constituting a solid foundation for further action and initiatives towards the total elimination of the scourge of racism, “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, “Welcoming Human Rights Council resolution 1/5 of 29 June 2006 entitled ‘Intergovernmental Working Group of the Durban Declaration and Programme of Action’, “Taking note of Commission on Human Rights resolutions 2002/68 of 25 April 2002, 2003/30 of 23 April 2003, 2004/88 of 22 April 2004 and 2005/64 of 20 April 2005, by which the international community put into effect mechanisms for the effective implementation of the Durban Declaration and Programme of Action, “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 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 interim report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, “Taking note of the report of the Secretary-General, “I “Basic 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. Expresses deep concern at recent attempts to establish hierarchies among 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; “4. 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; “5. 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; “6. Recognizes also 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, 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; “8. 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; “9. 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; “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, 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 foreign 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 are of paramount importance 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 Human Rights in its resolution 2005/64 to the effect that, with one hundred and seventy ratifications and only forty-six declarations, the deadline for universal ratification decided by the 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 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 on the Elimination of Racial Discrimination; “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 and article 5 of the Convention; “19. Reaffirms 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; “20. 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; “III “Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action “21. 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; “22. 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; “23. 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; “24. Also 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; “25. 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; “26. Calls upon all States that have not yet elaborated their national action plans on the combating of racism, racial discrimination, xenophobia and related intolerance to comply with their commitments undertaken at the World Conference; “27. 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; “28. 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; “29. 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; “30. 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; “31. 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; “32. Decides to convene by no later than 2009, the Durban Review Conference on the implementation of the Durban Declaration and Programme of Action and to this end requests the Human Rights Council to act as a preparatory committee for the event; to formulate a concrete plan by 2007 for the review conference; and to provide regular updates and reports to both the Secretary-General and the General Assembly; “33. Reaffirms that the Human Rights Council shall 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; “34. 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 and the Working Group of Experts on People of African Descent; “35. Welcomes the identification and/or the consideration by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, during its fourth session, of substantive and procedural gaps in the international instruments to combat racism, racial discrimination, xenophobia and related intolerance and, to this end, requests the Intergovernmental Working Group to continue its work and draft a base document for the Human Rights Council to prepare complementary international standards; “36. 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; “37. 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; “38. 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 international sporting bodies to promote, through their national, regional and international federations, a world of sport free from racism and racial discrimination; “39. 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, and 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, of the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance and of the Secretary-General during the 2006 World Cup; “IV “Special Rapporteur of the Human Rights Council on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits “40. Expresses its full support and appreciation for the work of the Special Rapporteur of the Human Rights Council on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and encourages its continuation; “41. 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; “42. Recognizes with deep concern the increase in anti-Semitism, Christianophobia and Islamophobia and religious intolerance 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; “43. 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; “44. 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; “45. 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 an interim report to the General Assembly at its sixty-second session; “46. Takes note of the recommendations contained in the interim report of the Special Rapporteur, and urges Member States and other relevant stakeholders to consider implementing those recommendations; “47. 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; “48. 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 “General “49. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its sixty-second session; “50. Decides to remain seized of this important matter at its sixty-second session under the item entitled ‘Elimination of racism and racial discrimination’.” 18. At its 50th meeting, on 21 November, the Committee had before it a revised draft resolution (A/C.3/61/L.53/Rev.1) submitted by the sponsors of draft resolution A/C.3/61/L.53, subsequently joined by Kazakhstan. 19. At the same meeting, the Secretary read out a statement regarding financial provisions relating to the draft resolution (see A/C.3/61/SR.50). 20. At the 51st meeting, on 22 November, the representative of South Africa orally revised draft resolution A/C.3/61/L.53/Rev.1 as follows: (a) The ninth preambular paragraph, which read: “Recalling the conclusions and recommendations agreed upon by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action at its fourth session, held in Geneva from 16 to 27 January 2006”, was deleted; (b) Operative paragraph 33, which read: “33. Decides to convene in 2009 a review conference on the implementation of the Durban Declaration and Programme of Action to be conducted within the framework of the General Assembly, making use of the three existing and ongoing follow-up mechanisms, and to this end requests the Human Rights Council to undertake preparations for this event and formulate a concrete plan by 2007 for the review conference and to provide updates and reports on this issue on an annual basis to both the Secretary-General and the General Assembly”, was replaced by: 33. Decides to convene in 2009 a review conference on the implementation of the Durban Declaration and Programme of Action to be conducted within the framework of the General Assembly, and, to this end, requests the Human Rights Council to undertake preparations for this event, making use of the three existing and ongoing follow-up mechanisms, and to formulate a concrete plan and provide updates and reports on this issue on an annual basis starting in 2007”; (c) Operative paragraph 36, which read: “36. Welcomes the identification and/or the consideration of substantive and procedural gaps by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action during its fourth session, bearing in mind the need to reinforce the implementation of existing international instruments and the elaboration of complementary standards, and, to this end, requests the Intergovernmental Working Group to continue its work in the drafting of a base document for the preparation of complementary international standards”, was replaced by: “36. Welcomes the conclusions and recommendations of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action during its fourth session, and welcomes in particular, the identification and/or consideration of substantive and procedural gaps, as well as the request for the nomination of five highly qualified experts to further study the content and scope of those gaps, including but not limited to the areas identified in the conclusions of the Chair of the high-level seminar, and, in consultation with human rights treaty bodies, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and other relevant mandate holders, to produce a base document that contains concrete recommendations on the means or avenues to bridge those gaps, including but not limited to the drafting of a new protocol to the International Convention on the Elimination of All Forms of Racial Discrimination or the adoption of new instruments, and for the Committee on the Elimination of Racial Discrimination to conduct further study on possible measures to strengthen the implementation of the Convention and its proposals regarding the assessments and evaluation of the implementation of existing international human rights instruments by States parties, and to this end encourages the Intergovernmental Working Group to continue its work related to the preparation of complementary international standards in accordance with the Durban Declaration and Programme of Action”. 21. At the same meeting the Committee adopted draft resolution A/C.3/61/L.53/Rev.1, as orally revised, by a recorded vote of 174 to 2, with 3 abstentions (see para. 23, draft resolution III). The voting was as follows: 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, Cambodia, 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, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Micronesia (Federated States of), Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, 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, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, 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, Canada, Marshall Islands. 22. Before the adoption of the draft resolution, statements were made by the representatives of the United States of America, Finland (on behalf of the States Members of the United Nations that are members of the European Union), Canada and Israel (see A/C.3/61/SR.51). III. Recommendations of the Third Committee 23. 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, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant human rights instruments, Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 2004 and 2005/5 of 14 April 2005, as well as General Assembly resolution 60/143 of 16 December 2005 on this issue and its resolution 60/144 of 16 December 2005 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 the Waffen SS organization and all its integral parts 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, 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, and taking note of his report, 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, 1. Reaffirms the provision of the Durban Declaration,6 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; 2. Expresses deep concern over the glorification of the Nazi movement 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; 3. 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 observed by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; 4. 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 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; 5. 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; 6. Also stresses that such practices fuel contemporary forms of racism, 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; 7. Emphasizes the need to take the necessary measures to put an end to the practices described above, and calls upon States to take more effective measures to combat those phenomena and the extremist movements, which pose a real threat to democratic values; 8. 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; 9. Calls upon 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; 10. 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; 11. Invites Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the aforementioned task; 12. Decides to remain seized of the issue. Draft resolution II International Convention on the Elimination of All Forms of Racial Discrimination The General Assembly, Recalling its previous resolutions on the International Convention on the Elimination of All Forms of Racial Discrimination, most recently resolution 59/176 of 20 December 2004, Bearing in mind the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25 June 1993, in particular section II.B of the Declaration, relating to equality, dignity and tolerance, Reiterating the need to intensify the struggle to eliminate all forms of racism, racial discrimination, xenophobia and related intolerance throughout the world, Reiterating also the importance of the Convention, which is one of the most widely accepted human rights instruments adopted under the auspices of the United Nations, Reaffirming that universal adherence to and full implementation of the Convention are of paramount importance for promoting equality and non-discrimination in the world, as stated in the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance on 8 September 2001, Mindful of the importance of the contributions of the Committee on the Elimination of Racial Discrimination to the effective implementation of the Convention and to the efforts of the United Nations to combat racism, racial discrimination, xenophobia and related intolerance, Emphasizing the obligation of all States parties to the Convention to take legislative, judicial and other measures in order to secure full implementation of the provisions of the Convention, Recalling its resolution 47/111 of 16 December 1992, in which it welcomed the decision, taken on 15 January 1992 by the Fourteenth Meeting of States Parties to the International Convention on the Elimination of All Forms of Racial Discrimination, to amend paragraph 6 of article 8 of the Convention and to add a new paragraph, as paragraph 7 of article 8, with a view to providing for the financing of the Committee from the regular budget of the United Nations, and reiterating its deep concern that the amendment to the Convention has not yet entered into force, Stressing the importance of enabling the Committee to function smoothly and to have all necessary facilities for the effective performance of its functions under the Convention, I Reports of the Committee on the Elimination of Racial Discrimination 1. Takes note of the reports of the Committee on the Elimination of Racial Discrimination on its sixty-sixth and sixty-seventh and its sixty-eighth and sixty-ninth sessions; 2. Commends the Committee for its contributions to the effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination,1 especially through the examination of reports under article 9 of the Convention, action on communications under article 14 of the Convention and thematic discussions, which contribute to the prevention and elimination of racism, racial discrimination, xenophobia and related intolerance; 3. Calls upon States parties to fulfil their obligation, under article 9, paragraph 1, of the Convention, to submit their periodic reports on measures taken to implement the Convention in due time; 4. Expresses its concern at the fact that a great number of reports are overdue and continue to be overdue, in particular initial reports, which constitutes an obstacle to the full implementation of the Convention; 5. Encourages States parties to the Convention whose reports are seriously overdue to avail themselves of the advisory services and technical assistance that the Office of the United Nations High Commissioner for Human Rights can provide, upon their request, for the preparation of the reports; 6. Encourages the Committee to continue to cooperate and exchange information with United Nations bodies and mechanisms, in particular with the Human Rights Council, the Subcommission on the Promotion and Protection of Human Rights and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and with intergovernmental organizations, as well as with non-governmental organizations; 7. Encourages States parties to continue to include a gender perspective in their reports to the Committee, and invites the Committee to take into account a gender perspective in the implementation of its mandate; 8. Notes with appreciation the engagement of the Committee in the follow-up to the Durban Declaration and Programme of Action;3 9. Expresses its appreciation for the efforts made so far by the Committee to improve the efficiency of its working methods, and encourages the Committee to continue its activities in this regard; 10. Welcomes in this regard measures taken by the Committee to follow up on its concluding observations and recommendations, such as the decision to appoint a follow-up coordinator and to adopt guidelines on the follow-up; 11. Encourages the continued participation of members of the Committee in the annual inter-committee meetings and meetings of chairpersons of the human rights treaty bodies, especially with a view to a more coordinated approach to the activities of the treaty body system and standardized reporting; II Financial situation of the Committee on the Elimination of Racial Discrimination 12. Takes note of the report of the Secretary-General on the financial situation of the Committee on the Elimination of Racial Discrimination; 13. Expresses its profound concern at the fact that a number of States parties to the International Convention on the Elimination of All Forms of Racial Discrimination have still not fulfilled their financial obligations, as shown in the report of the Secretary-General, and strongly appeals to all States parties that are in arrears to fulfil their outstanding financial obligations under article 8, paragraph 6, of the Convention; 14. Strongly urges States parties to the Convention to accelerate their domestic ratification procedures with regard to the amendment to the Convention concerning the financing of the Committee and to notify the Secretary-General expeditiously in writing of their agreement to the amendment, as decided upon at the Fourteenth Meeting of States Parties to the International Convention on the Elimination of All Forms of Racial Discrimination on 15 January 1992,4 endorsed by the General Assembly in its resolution 47/111 and further reiterated at the Sixteenth Meeting of States Parties on 16 January 1996; 15. Requests the Secretary-General to continue to ensure adequate financial arrangements and to provide the necessary support, including an adequate level of Secretariat assistance, in order to ensure the functioning of the Committee and to enable it to cope with its increasing amount of work; 16. Also requests the Secretary-General to invite those States parties to the Convention that are in arrears to pay the amounts in arrears, and to report thereon to the General Assembly at its sixty-third session; III Status of the International Convention on the Elimination of All Forms of Racial Discrimination 17. Takes note of the report of the Secretary-General on the status of the International Convention on the Elimination of All Forms of Racial Discrimination; 18. Expresses its satisfaction at the number of States that have ratified or acceded to the Convention, which now stands at one hundred and seventy-three; 19. Urges States parties to comply fully with their obligations under the Convention and to take into consideration the concluding observations and general recommendations of the Committee; 20. Reaffirms its conviction that ratification of or accession to the Convention on a universal basis and the implementation of its provisions are necessary for the effectiveness of the fight against racism, racial discrimination, xenophobia and related intolerance and for the implementation of the commitments undertaken under the Durban Declaration and Programme of Action,3 and expresses its disappointment that universal ratification of the Convention was not achieved by the targeted date of 2005; 21. Urges all States that have not yet become parties to the Convention to ratify or accede to it as a matter of urgency; 22. Urges States to limit the extent of any reservation they lodge to the Convention and to formulate any reservation as precisely and as narrowly as possible in order to ensure that no reservation is incompatible with the object and purpose of the Convention, to review their reservations on a regular basis with a view to withdrawing them, and to withdraw reservations that are contrary to the object and purpose of the Convention; 23. Notes that the number of States parties to the Convention that have made the declaration provided for in article 14 of the Convention now stands at forty-nine, and requests the States parties that have not yet done so to consider making that declaration; 24. Invites the Chairman of the Committee on the Elimination of Racial Discrimination to present an oral report on the work of the Committee to the General Assembly at its sixty-third session under the item entitled “Elimination of racism and racial discrimination”; 25. Decides to consider, at its sixty-third session, under the item entitled “Elimination of racism and racial discrimination”, the reports of the Committee on the Elimination of Racial Discrimination on its seventieth and seventy-first and its seventy-second and seventy-third sessions, the report of the Secretary-General on the financial situation of the Committee and the report of the Secretary-General on the status of the Convention. 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 60/144 of 16 December 2005, in which it reiterated its firm commitment to continue its global efforts towards the total elimination of the scourges of racism, racial discrimination, xenophobia and related intolerance, and towards the effective and comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, Recalling also its resolution 59/177 of 20 December 2004, in which it firmly consolidated the global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance and recognized the absolute necessity and the imperative nature of the political will for the achievement of the commitments undertaken in the Durban Declaration and Programme of Action, Recalling further its resolution 58/160 of 22 December 2003, in which it decided to place emphasis on the concrete implementation of the Durban Declaration and Programme of Action as a solid foundation for a broad-based consensus for further actions and initiatives towards the total elimination of the scourge of racism, Recalling its resolution 57/195 of 18 December 2002, in which it outlined the important roles and responsibilities of the various organs of the United Nations and other stakeholders at the international, regional and national levels, including, in particular, the Commission on Human Rights, and its resolution 56/266 of 27 March 2002, in which it endorsed the Durban Declaration and Programme of Action as constituting a solid foundation for further action and initiatives towards the total elimination of the scourge of racism, 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, Recalling Human Rights Council resolution 1/5 of 30 June 2006, Taking note of Commission on Human Rights resolutions 2002/68 of 25 April 2002, 2003/30 of 23 April 2003, 2004/88 of 22 April 2004 and 2005/64 of 20 April 2005, by which the international community put into effect mechanisms for the effective implementation of the Durban Declaration and Programme of Action, 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 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, the interim report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and Human Rights Council decision 1/102 of 30 June 2006, I Basic 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. Expresses deep concern at recent attempts to establish hierarchies among 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; 4. 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; 5. 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; 6. 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, 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; 8. 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; 9. 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; 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 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,1 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 Human Rights in its resolution 2005/646 to the effect that, with one hundred and seventy-three ratifications and only forty-nine declarations, the deadline for universal ratification decided by the 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 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 on the Elimination of Racial Discrimination; 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 and article 5 of the Convention; 19. Welcomes the work of the Committee on the Elimination of Racial Discrimination 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; 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; 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;1 25. Also 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; 26. 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; 27. Calls upon all States that have not yet elaborated their national action plans on the combating of racism, racial discrimination, xenophobia and related intolerance to comply with their commitments undertaken at the World Conference; 28. Also 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; 29. 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; 30. 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; 31. 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; 32. 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; 33. Decides to convene in 2009 a review conference on the implementation of the Durban Declaration and Programme of Action to be conducted within the framework of the General Assembly, and, to this end, requests the Human Rights Council to undertake preparations for this event, making use of the three existing and ongoing follow-up mechanisms, and to formulate a concrete plan and provide updates and reports on this issue on an annual basis starting in 2007; 34. Reaffirms that the Human Rights Council shall 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; 35. 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 and the Working Group of Experts on People of African Descent; 36. Welcomes the conclusions and recommendations of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action during its fourth session, and welcomes in particular the identification and/or consideration of substantive and procedural gaps, as well as the request for the nomination of five highly qualified experts to further study the content and scope of those gaps, including but not limited to the areas identified in the conclusions of the Chair of the high-level seminar, and, in consultation with human rights treaty bodies, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and other relevant mandate holders, to produce a base document that contains concrete recommendations on the means or avenues to bridge those gaps, including but not limited to the drafting of a new protocol to the International Convention on the Elimination of All Forms of Racial Discrimination or the adoption of new instruments, and for the Committee on the Elimination of Racial Discrimination to conduct further study on possible measures to strengthen the implementation of the Convention and its proposals regarding the assessments and evaluation of the implementation of existing international human rights instruments by States parties, and to this end encourages the Intergovernmental Working Group to continue its work related to the preparation of complementary international standards in accordance with the Durban Declaration and Programme of Action; 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 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, of the Secretary-General and of the Special Rapporteur on 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; 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 an interim report to the General Assembly at its sixty-second session; 47. Takes note of the recommendations contained in the interim report of the Special Rapporteur,8 and urges Member States and other relevant stakeholders to consider implementing those recommendations; 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 General 50. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its sixty-second session; 51. Decides to remain seized of this important matter at its sixty-second session under the item entitled “Elimination of racism and racial discrimination”. Official Records of the General Assembly, Sixty-first Session, Supplement No. 18 (A/61/18). The delegation of Mauritania subsequently indicated that it had intended to vote in favour, and the delegation of Ukraine indicated that, had it been present, it would have abstained. Resolution 217 A (III). See resolution 2200 A (XXI), annex. Resolution 2106 A (XX), annex. 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.4/2005/18 and Add.1 and Add.1/Corr.1 and Add.2-6. See A/61/335. Resolution 2106 A (XX), annex. A/CONF.157/24 (Part I), chap. III. See A/CONF.189/12 and Corr.1, chap. I. See CERD/SP/45, annex. Official Records of the General Assembly, Sixtieth Session, Supplement No. 18 (A/60/18). Ibid., Sixty-first Session, Supplement No. 18 (A/61/18). See ibid., Sixtieth Session, Supplement No. 18 (A/60/18), annex IV. Ibid., Sixty-first Session, Supplement No. 18 (A/61/18), annex VI. A/61/186. A/61/260. See A/CONF.189/12 and Corr.1, chap. I. Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II.A, resolution 1/5. See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. Ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. Ibid., 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. A/61/337. A/61/335. Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II.B. Resolution 2106 A (XX), annex. Resolution 217 A (III). See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. E and F. __________________ __________________  sss1 \* MERGEFORMAT A/61/441 sss1 \* MERGEFORMAT A/61/441 FooterJN \* MERGEFORMAT 06-55014 \* MERGEFORMAT 14 \* MERGEFORMAT 15 FooterJN \* MERGEFORMAT 06-55014 United Nations A/61/441 General Assembly Distr.: General 29 November 2006 Original: English jobn \* MERGEFORMAT 06-55014 (E) 121206 Barcode \* MERGEFORMAT *0655014* 11/12/2006 13:24:40 - \* MERGEFORMAT 12/12/2006 5:11:00 PM sss1 \* MERGEFORMAT A/61/441 sl \* Caps\p \* MERGEFORMAT W:\Mswdocs\_3Final\0655014E.Doc 11/12/2006 13:24:40 - \* MERGEFORMAT 12/12/2006 5:11:00 PM sss1 \* MERGEFORMAT A/61/441 sl \* Caps\p \* MERGEFORMAT W:\Mswdocs\_3Final\0655014E.Doc \* MERGEFORMAT 30 \* MERGEFORMAT 29