A/RES/58/160 GA

United Nations A/RES/58/160 General Assembly Distr.: General 2 March 2004 Fifty-eighth session Agenda item 115 03 50418 Resolution adopted by the General Assembly on 22 December 2003 [on the report of the Third Committee (A/58/506)] 58/160. 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 56/266 of 27 March 2002, in which it endorsed the Durban Declaration and Programme of Action, adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held at Durban, South Africa, from 31 August to 8 September 2001,1 as constituting a solid foundation for further action and initiatives towards the total elimination of the scourge of racism, Recalling also 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, Taking note of Commission on Human Rights resolutions 2002/68 of 25 April 20022 and 2003/30 of 23 April 2003,3 Stressing that the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993,4 attaches importance to the elimination of racism, racial discrimination, xenophobia and other forms of intolerance, Recognizing 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 and other opinion, social origin, property, birth and other status, _______________ 1 See A/CONF.189/12 and Corr.1, chap. I. 2 See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. 3 Ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 4 A/CONF.157/24 (Part I), chap. III. A/RES/58/160 2 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, Reaffirming its commitment to a global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance, Reaffirming that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination5 are of paramount importance for the promotion of equality and non-discrimination in the world, Convinced that racism, racial discrimination, xenophobia and related intolerance reveal 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, Reaffirming its firm determination and its commitment to eradicate totally and unconditionally racism and racial discrimination, and its conviction that racism and racial discrimination constitute a negation of the purposes and principles of the Charter of the United Nations and the Universal Declaration of Human Rights,6 Recognizing that the successful implementation of the Durban Programme of Action requires political will, international cooperation and adequate funding at the national, regional and international levels, Deeply concerned that, despite continuing efforts, racism, racial discrimination, xenophobia and related intolerance and acts of violence persist and even grow in magnitude, incessantly adopting new forms, including tendencies to establish policies based on racial, religious, ethnic, cultural and national superiority or exclusivity, Alarmed, in particular, 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, Recognizing 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, _______________ 5 Resolution 2106 A (XX), annex. 6 Resolution 217 A (III). A/RES/58/160 3 Emphasizing that poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, racial discrimination, xenophobia and related intolerance and contribute to the persistence of racist attitudes and practices, which in turn generate more poverty, Deeply concerned about the misuse, by those advocating racism and racial discrimination, of new communication technologies, including the Internet, to disseminate their repugnant views, Noting that the use of such technologies can also contribute to combating racism, racial discrimination, xenophobia and related intolerance, Noting also developments that have occurred within the framework of the Commission on Human Rights through its intersessional working groups and other mechanisms created for the effective implementation of the Durban Declaration and Programme of Action, in particular the work of the group of independent eminent experts, the Working Group of Experts on People of African Descent and the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, Welcoming all the regional initiatives being undertaken to implement the Durban commitments, and in this context expressing its appreciation to the Governments of Mexico, Kenya and the Czech Republic for hosting the regional expert seminars with a view to the implementation of the Durban Declaration and Programme of Action within their respective regions, and encouraging other regions to take the necessary action in this regard, 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. Affirms that racism and racial discrimination, and xenophobia and related intolerance, where they amount to racism and racial discrimination, constitute serious violations of and obstacles to the full enjoyment of all human rights; 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. 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 A/RES/58/160 4 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; 7. 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; 8. 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; 9. Condemns also political platforms and organizations based on racism, xenophobia or doctrines of racial superiority and related discrimination, as well as legislation and practices based on racism, racial discrimination, xenophobia and related intolerance as incompatible with democracy and transparent and accountable governance; 10. 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, peoples and countries; 11. 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; 12. Expresses its concern at the increasing incidents of racism in various sporting events; 13. Notes with appreciation the efforts being made by some sporting governing bodies to combat racism, and encourages other such bodies to take similar actions; II International Convention on the Elimination of All Forms of Racial Discrimination 14. Urges States that have not yet done so to consider ratifying or acceding to the international human rights instruments that combat racism, racial discrimination, xenophobia and related intolerance, in particular to accede to the International Convention on the Elimination of All Forms of Racial Discrimination5 as a matter of urgency, with a view to achieving universal ratification by 2005, and to consider making the declaration envisaged under article 14 thereof, to comply with their reporting obligations, to publish and act upon the concluding observations of the Committee on the Elimination of Racial Discrimination, to withdraw reservations contrary to the object and purpose of the Convention and to consider withdrawing other reservations; 15. Invites States parties to the Convention to ratify the amendment to article 8 of the Convention, on the financing of the Committee on the Elimination of Racial Discrimination, and calls for adequate additional resources from the United Nations regular budget to enable the Committee to discharge its mandate fully; A/RES/58/160 5 16. 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 Rights6 and article 5 of the Convention; 17. Notes that the Committee on the Elimination of Racial Discrimination 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; 18. Welcomes the emphasis placed by the Committee on the Elimination of Racial Discrimination on the importance of follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the measures recommended to strengthen the implementation of the Convention as well as the functioning of the Committee;7 III Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action 19. 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 20. Also emphasizes, in that context, the fundamental and complementary role of national human rights institutions, regional bodies and centres and civil society, working jointly with States towards the achievement of the objectives of the Durban Declaration and Programme of Action; 21. Calls upon States to elaborate action plans, in consultation with national human rights institutions, other institutions created by law to combat racism, and civil society, and to provide the United Nations High Commissioner for Human Rights with such action plans and other relevant materials on measures taken to implement the provisions of the Durban Declaration and Programme of Action; 22. 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; 23. Urges States to support the activities of existing regional bodies and centres that combat racism, racial discrimination, xenophobia and related intolerance in their respective regions, and recommends the establishment of such bodies or centres in all regions where they do not exist; 24. 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; _______________ 7 See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI. A/RES/58/160 6 25. Emphasizes that, in accordance with the Durban Declaration and Programme of Action, States have a shared responsibility, at the international level and within the framework of the United Nations system, to determine modalities for the overall review of the implementation of the Declaration and Programme of Action; 26. 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 of the United Nations, 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; 27. 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; 28. Invites all relevant organs, organizations and bodies of the United Nations system to become involved in the follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and invites specialized agencies and related organizations of the United Nations system to strengthen and adjust, within their respective mandates, their activities, programmes and medium-term strategies to take into account the follow-up to the Conference; 29. Invites all human rights treaty-monitoring bodies and all mechanisms and subsidiary bodies of the Commission on Human Rights to consider the relevant provisions of the Durban Declaration and Programme of Action in the discharge of their respective mandates; 30. Reaffirms that the Economic and Social Council shall oversee the system-wide coordination of the implementation of the Durban Declaration and Programme of Action; 31. Takes note of the recommendations adopted by consensus by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action at its first session, on 21 March 2003;8 32. Notes that the Working Group will continue its future sessions on the basis of the thematic approach adopted during its first session, and notes with appreciation that to this end the next session of the Working Group, which the representative of Chile has expressed interest in chairing, will analyse the themes relating to poverty eradication and education; 33. Also notes the convening of the sessions of the Working Group of Experts on People of African Descent, the renewal of its mandate and the adjustments effected thereto; 34. Welcomes the inaugural session of the group of independent eminent experts, held at Geneva from 16 to 18 September 2003, with the participation of representatives of Member States, the United Nations system and civil society, takes note of its substantive outcome, and in this context requests the United Nations High Commissioner for Human Rights to examine the possibility of the development of a racial equality index, as proposed by the group of independent eminent experts, and to report thereon to the Commission on Human Rights; _______________ 8 See E/CN.4/2003/20, sect. III, para. 33. A/RES/58/160 7 35. Acknowledges with appreciation the entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families9 on 1 July 2003, and invites all States that have not yet done so to consider acceding to that important instrument; 36. Notes with satisfaction the progress made during the first and second sessions of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, held in New York from 29 July to 9 August 2002 and from 16 to 27 June 2003; 37. Notes with appreciation the first and second sessions of the Permanent Forum on Indigenous Issues, held in New York from 13 to 24 May 2002 and from 12 to 23 May 2003; 38. Stresses the need to ensure adequate financial and human resources, including through the regular budget of the United Nations, for the Office of the United Nations High Commissioner for Human Rights to carry out its responsibilities efficiently in the implementation of the Durban Declaration and Programme of Action; 39. Encourages improvements in the current efforts of the Anti-Discrimination Unit of the Office of the High Commissioner in providing strong leadership and greater support to the mechanisms created by the Commission on Human Rights to follow up the implementation of the Durban Declaration and Programme of Action; IV Implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination and coordination of activities 40. Notes with great concern that, despite the many efforts of the international community, the objectives of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination have largely not been achieved, welcomes, therefore, the adoption of the Durban Declaration and Programme of Action,1 and calls for its full implementation at the national, regional and international levels; 41. Decides, after considering the report of the Secretary-General on the extent of the implementation of the Programme of Action for the Third Decade,10 to close the Third Decade; 42. Decides also, as part of the activities to combat racism, racial discrimination, xenophobia and related intolerance, 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; _______________ 9 Resolution 45/158, annex. 10 See A/58/80-E/2003/71. A/RES/58/160 8 V Special Rapporteur of the Commission on Human Rights on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits 43. Expresses its full support and appreciation for the work of the Special Rapporteur of the Commission on Human Rights on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and encourages its continuation; 44. Reiterates its call to all Member States, intergovernmental organizations, relevant organizations of the United Nations and non-governmental organizations to cooperate fully with the Special Rapporteur; 45. Requests the Special Rapporteur to continue his exchange of views with Member States and relevant mechanisms and treaty bodies within the United Nations system in order to enhance further their effectiveness and mutual cooperation; 46. 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, communities of people of African descent, communities of people of Asian descent and other communities; 47. Requests the Special Rapporteur to collect information from all concerned, to respond effectively to reliable information that becomes available to him, to follow up on communications and country visits and to seek the views and comments of Governments and reflect them, as appropriate, in his reports; 48. Calls upon States to cooperate with the Special Rapporteur and to give serious consideration to his requests to visit their countries so as to enable him to fulfil his mandate fully and effectively; 49. 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; 50. 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; 51. 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 fifty-ninth session; 52. Takes note with appreciation of the recommendations contained in the interim report of the Special Rapporteur,11 and encourages the continuation of his work; 53. Urges Member States to consider implementing the recommendations contained in the reports of the Special Rapporteur, and invites other relevant stakeholders to implement those recommendations; _______________ 11 See A/58/313. A/RES/58/160 9 54. Calls upon the Special Rapporteur, in carrying out his mandate, to pay special attention to the increasing frequency of incidents of racism at various sporting events; VI General 55. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its fifty-ninth session; 56. Decides to remain seized of this important matter at its fifty-ninth session under the item entitled “Elimination of racism and racial discrimination”. 77th plenary meeting 22 December 2003

UN Project. “A/RES/58/160.” UN Project, https://un-project.org/votes/resolution/A-RES-58-160/. Accessed .

Copy citation