A/HRC/6/22
page 42
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,
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