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General recommendation No. 28 - On the follow up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance [2002] UNCERDGC 1; INT/CERD/GEC/7500 (19 March 2002)

Sixtieth session (2002)
General recommendation XXVIII on the follow-up to the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance

The Committee on the Elimination of Racial Discrimination,

Welcoming the adoption of the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the provisions of General Assembly resolution 56/266 which endorse or are designed to ensure the follow-up of those instruments,

Welcoming the fact that the instruments adopted at Durban strongly reaffirm all the fundamental values and standards of the International Convention on the Elimination of All Forms of Racial Discrimination,

Recalling that the Durban Declaration and Programme of Action refer to the International Convention on the Elimination of All Forms of Racial Discrimination as the principal instrument to combat racism, racial discrimination, xenophobia and related intolerance,

Noting in particular the affirmation in the Durban Declaration 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 promoting equality and nondiscrimination in the world,

Expressing its satisfaction at the recognition of the role and contribution of the Committee to the struggle against racial discrimination,

Conscious of its own responsibilities in the follow-up to the World Conference and of the need to strengthen its capacity to undertake these responsibilities,

Stressing the vital role of non-governmental organizations in the struggle against racial discrimination and welcoming their contribution during the World Conference,

Taking note of the recognition by the World Conference of the important role that national human rights institutions play in combating racism and racial discrimination, and of the need to strengthen such institutions and provide them with greater resources,

1. Recommends to States:

I. Measures to strengthen the implementation
of the Convention

(a) If they have not yet done so, to accede to the International Convention on the Elimination of All Forms of Racial Discrimination with a view to universal ratification by the year 2005;

(b) If they have not yet done so, to consider making the optional declaration envisaged under article 14 of the Convention;

(c) To comply with their reporting obligations under the Convention by presenting reports in a timely manner in conformity with the relevant guidelines;

(d) To consider withdrawing their reservations to the Convention;

(e) To make increased efforts to inform the public of the existence of the complaints mechanism under article 14 of the Convention;

(f) To take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention;

(g) To include in their periodic reports information on action plans or other measures they have taken to implement the Durban Declaration and Programme of Action at the national level;

(h) To disseminate the Durban Declaration and Programme of Action in an appropriate manner and provide the Committee with information on the efforts in this respect under the section of their periodic reports concerning article 7 of the Convention;

II. Measures to strengthen the functioning
of the Committee

(i) To consider setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow-up the concluding observations and general recommendations of the Committee;

(j) To include in their periodic reports to the Committee appropriate information on the follow-up to such concluding observations and recommendations;

(k) To ratify the amendment to article 8, paragraph 6, of the Convention adopted on 15 January 1992 at the 14th meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 15 December 1992;

(l) To continue cooperating with the Committee with a view to promoting the effective implementation of the Convention;

2. Also recommends:

(a) That national human rights institutions assist their respective States to comply with their reporting obligations and closely monitor the follow-up to the concluding observations and recommendations of the Committee;

(b) That non-governmental organizations continue to provide the Committee in good time with relevant information in order to enhance its cooperation with them;

(c) That the Office of the High Commissioner for Human Rights continue its efforts to increase awareness of the work of the Committee;

(d) That the competent United Nations bodies provide the Committee with adequate resources to enable it to discharge its mandate fully;

3. Expresses its willingness:

(a) To cooperate fully with all relevant institutions of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following up the Durban Declaration and Programme of Action;

(b) To cooperate with the five independent eminent experts to be appointed by the Secretary-General to facilitate the implementation of the recommendations of the Durban Declaration and Programme of Action;

(c) To coordinate its activities with the other human rights treaty bodies with a view to achieving a more effective follow-up of the Durban Declaration and Programme of Action;

(d) To take into consideration all aspects of the Durban Declaration and Programme of Action concerning the fulfilment of its mandate.

1517th meeting,

19 March 2002