RES/6/21 Elaboration of international complementary standards to the International Convention on the Elimination of All Forms of Racial Discrimination

Human Rights Council

Resolution 6/21. Elaboration of international complementary standards to the International Convention on the Elimination of All Forms of Racial Discrimination

The Human Rights Council,

Recalling the Durban Declaration and Programme of Action adopted in

September 2001 by the World Conference against Racism, Racial Discrimination,

Xenophobia and Related Intolerance (A/CONF.189/12 and Corr.1),

Recalling also the International Convention on the Elimination of All Forms

of Racial Discrimination, proclaimed by the General Assembly in resolution 2106 A

(XX) of 4 January 1969,

Recalling further the International Covenant on Civil and Political Rights,

proclaimed by the General Assembly in its resolution 2200 A (XXI) of 16 December

1966, in particular article 20, paragraph 2, of the Covenant, which stipulates that any

advocacy of national, racial or religious hatred that constitutes incitement to

discrimination, hostility or violence, shall be prohibited by law,

Underlining the importance of the Declaration on the Elimination of All

Forms of Intolerance and Discrimination Based on Religion or Belief, proclaimed by

the General Assembly in its resolution 36/55 of 25 November 1981,

Emphasizing that general recommendation No. 15 (1993) of the Committee on

the Elimination of Racial Discrimination on article 4 of the International Convention

stipulates that the prohibition of the dissemination of all ideas based upon racial

superiority or hatred is compatible with the freedom of opinion and expression,

Underlining that the Durban Declaration and Programme of Action urged

States that had not yet done so to accede to the International Convention on the

Elimination of All Forms of Racial Discrimination, as a matter of urgency, with a

view to achieving its universal ratification by 2005, to consider making the

declaration envisaged under article 14 thereof, and to withdraw reservations contrary

to the object and purpose of the Convention, all of which have regrettably not been

accomplished to date,

Deeply alarmed at the sharp increase in xenophobic tendencies and intolerance

towards various racial and religious groups and cultures, where people belonging to

minorities, migrants, refugees, asylum-seekers and illegal migrants are the worst

affected victims of such tendencies and acts,

Emphasizing the imperative need to find the necessary political will to

address comprehensively, by all available measures, the various forms and

manifestations of racism, racial discrimination, xenophobia and related intolerance,

and to provide adequate remedies to the victims,

Recalling its decision 3/103 of 8 December 2006, by which, heeding the

decision and instruction of the 2001 World Conference against Racism, Racial

Discrimination, Xenophobia and Related Intolerance, it decided to establish the Ad

Hoc Committee of the Human Rights Council on the Elaboration of Complementary

Standards, with the mandate to elaborate, as a matter of priority and necessity,

complementary standards in the form of either a convention or additional protocol(s)

to the International Convention on the Elimination of All Forms of Racial

Discrimination, filling the existing gaps in the Convention, and also providing new

normative standards aimed at combating all forms of contemporary racism, including

incitement to racial and religious hatred,

Regretting that the mandate of the Five Experts on Complementary Standards

was not accomplished in accordance with the requirements set out in its decision

3/103,

Decides:

(a) To convene the inaugural session of the Ad Hoc Committee in the first

quarter of 2008 to commence its mandate;

(b) To allocate no more than two days at the beginning of the inaugural

session of the Ad Hoc Committee, to reflect on all contributions and studies presented

by various stakeholders and the relevant mechanisms which are necessary for the

realization of its mandate.

22nd meeting

28 September 2007

[Adopted by a recorded vote of 32 to 10, with 4 abstentions

In favour: Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, Cameroon, China, Cuba, Djibouti,

Egypt, Ghana, Guatemala, India, Indonesia, Jordan, Madagascar, Malaysia, Mali,

Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Qatar, Russian

Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Zambia.

Against: Bosnia and Herzegovina, Canada, France, Germany, Italy, Netherlands, Romania,

Slovenia, Switzerland, United Kingdom of Great Britain and Northern Ireland.

Abstaining: Japan, Republic of Korea, Ukraine, Uruguay.]

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