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G. Human Rights

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"THE UNITED STATES CANNOT AFFORD TO RENOUNCE RESPONSIBILITY FOR SUPPORT OF THE VERY FUNDAMENTALS WHICH DISTINGUISH OUR CONCEPT OF GOVERNMENT FROM ALL FORMS OF TYRANNY": Letter From the President (Kennedy) to the President of the Senate (Johnson) Transmitting, for Advice and Consent to Ratification, Conventions on Abolition of Slavery, Forced Labor, and on Political Rights of Women, July 22, 1963 49

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UNITED NATIONS DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: Resolution 1904 (XVIII), Adopted by the U.N. General Assembly, November 20, 1963 50

The General Assembly,

Considering that the Charter of the United Nations 51 is based on the principles of the dignity and equality of all human beings and seeks, among other basic objectives, to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

Considering that the Universal Declaration of Human Rights 52 proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out in the Declaration, without distinction of any kind, in particular as to race, colour or national origin,

Considering that the Universal Declaration of Human Rights proclaims further that all are equal before the law and are entitled without any discrimination to equal protection of the law and that all are entitled to equal protection against any discrimination and against any incitement to such discrimination,

Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, and that the Declaration on the granting of independence to

49 White House press release dated July 22, 1963; the Department of State Bulletin, Aug. 26, 1963, pp. 322-328.

50 U.N. General Assembly Official Records, Eighteenth Session, Supplement No. 15 (A/5515), pp. 35-37. This resolution was adopted unanimously.

51 Text in American Foreign Policy, 1950-1955: Basic Documents, vol. I, pp. 134-161.

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Text in A Decade of American Foreign Policy: Basic Documents, 1941-49, pp. 1156-1159.

colonial countries and peoples proclaims in particular the necessity of bringing colonialism to a speedy and unconditional end,53

Considering that any doctrine of racial differentiation or superiority is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination either in theory or in practice,

Taking into account the other resolutions adopted by the General Assembly and the international instruments adopted by the specialized agencies, in particular the International Labour Organisation and the United Nations Educational, Scientific and Cultural Organization, in the field of discrimination,

Taking into account the fact that, although international action and efforts in a number of countries have made it possible to achieve progress in that field, discrimination based on race, colour or ethnic origin in certain areas of the world continues none the less to give cause for serious concern,

Alarmed by the manifestations of racial discrimination still in evidence in some areas of the world, some of which are imposed by certain Governments by means of legislative, administrative or other measures, in the form, inter alia, of apartheid, segregation and separation, as well as by the promotion and dissemination of doctrines of racial superiority and expansionism in certain areas,

Convinced that all forms of racial discrimination and, still more so, governmental policies based on the prejudice of racial superiority or on racial hatred, besides constituting a violation of fundamental human rights, tend to jeopardize friendly relations among peoples, cooperation between nations and international peace and security, Convinced also that racial discrimination harms not only those who are its objects but also those who practise it,

Convinced further that the building of a world society free from all forms of racial segregation and discrimination, factors which create hatred and division among men, is one of the fundamental objectives of the United Nations,

1. Solemnly affirms the necessity of speedily eliminating racial discrimination throughout the world, in all its forms and manifestations, and of securing understanding of and respect for the dignity of the human person;

2. Solemnly affirms the necessity of adopting national and international measures to that end, including teaching, education and information, in order to secure the universal and effective recognition and observance of the principles set forth below;

3. Proclaims this Declaration:

Article 1

Discrimination between human beings on the ground of race, colour or ethnic origin is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proER Text in American Foreign Policy: Current Documents, 1960, pp. 110-111.

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claimed in the Universal Declaration of Human Rights, as an obstacle to friendly and peaceful relations among nations and as a fact capable of disturbing peace and security among peoples.

Article 2

1. No State, institution, group or individual shall make any discrimination whatsoever in matters of human rights and fundamental freedoms in the treatment of persons, groups of persons or institutions on the ground of race, colour or ethnic origin.

2. No State shall encourage, advocate or lend its support, through police action or otherwise, to any discrimination based on race, colour or ethnic origin by any group, institution or individual.

3. Special concrete measures shall be taken in appropriate circumstances in order to secure adequate development or protection of individuals belonging to certain racial groups with the object of ensuring the full enjoyment by such individuals of human rights and fundamental freedoms. These measures shall in no circumstances have as a consequence the maintenance of unequal or separate rights for different racial groups.

Article 3

1. Particular efforts shall be made to prevent discrimination based on race, colour or ethnic origin, especially in the fields of civil rights, access to citizenship, education, religion, employment, occupation and housing.

2. Everyone shall have equal access to any place or facility intended for use by the general public, without distinction as to race, colour or ethnic origin.

Article 4

All States shall take effective measures to revise governmental and other public policies and to rescind laws and regulations which have the effect of creating and perpetuating racial discrimination wherever it still exists. They should pass legislation for prohibiting such discrimination and should take all appropriate measures to combat those prejudices which lead to racial discrimination.

Article 5

An end shall be put without delay to governmental and other public policies of racial segregation and especially policies of apartheid, as well as all forms of racial discrimination and separation resulting from such policies.

Article 6

No discrimination by reason of race, colour or ethnic origin shall be admitted in the enjoyment by any person of political and citizenship rights in his country, in particular the right to participate in elections through universal and equal suffrage and to take part in the

government. Everyone has the right of equal access to public service in his country.

Article 7

1. Everyone has the right to equality before the law and to equal justice under the law. Everyone, without distinction as to race, colour or ethnic origin, has the right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by individual, group or institution.

2. Everyone shall have the right to an effective remedy and protection against any discrimination he may suffer on the ground of race, colour or ethnic origin with respect to his fundamental rights and freedoms through independent national tribunals competent to deal with such matters.

Article 8

All effective steps shall be taken immediately in the fields of teaching, education and information, with a view to eliminating racial discrimination and prejudice and promoting understanding, tolerance and friendship among nations and racial groups, as well as to propagating the purposes and principles of the Charter of the United Nations, of the Universal Declaration of Human Rights, and of the Declaration on the granting of independence to colonial countries and peoples.

Article 9

1. All propaganda and organizations based on ideas or theories of the superiority of one race or group of persons of one colour or ethnic origin with a view to justifying or promoting racial discrimination in any form shall be severely condemned.

2. All incitement to or acts of violence, whether by individuals or organizations, against any race or group of persons of another colour or ethnic origin shall be considered an offence against society and punishable under law.

3. In order to put into effect the purposes and principles of the present Declaration, all States shall take immediate and positive measures, including legislative and other measures, to prosecute and/or outlaw organizations which promote or incite to racial discrimination, or incite to or use violence for purposes of discrimination based on race, colour or ethnic origin.

Article 10

The United Nations, the specialized agencies, States and non-governmental organizations shall do all in their power to promote energetic action which, by combining legal and other practical measures, will make possible the abolition of all forms of racial discrimination. They shall, in particular, study the causes of such discrimination with a view to recommending appropriate and effective measures to combat and eliminate it.

Article 11

Every State shall promote respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations and shall fully and faithfully observe the provisions of the present Declaration, the Universal Declaration of Human Rights and the Declaration on the granting of independence to colonial countries and peoples.

1261st plenary meeting.

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PREPARATION OF A DRAFT INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: Resolution 1906 (XVIII), Adopted by the U.N. General Assembly, November 20, 1963 5+

H. Trusteeship, Self-Determination, and the Question of Colonialism

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"THOUGH WE AGREE THAT THE SITUATION IN THE PORTUGUESE TERRITORIES IN AFRICA GIVES RISE TO VERY SERIOUS INTERNATIONAL FRICTION AND MIGHT, IF CONTINUED, ENDANGER THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY, WE DO NOT AGREE THAT A THREAT TO THE PEACE ALREADY EXISTS": Statement Made by the U.S. Representative (Stevenson) in the U.N. Security Council, July 26, 1963 1

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"THE SITUATION IN THE TERRITORIES UNDER PORTUGUESE ADMINISTRATION IS SERIOUSLY DISTURBING PEACE AND SECURITY IN AFRICA”: Resolution Adopted by the U.N. Security Council, July 31, 1963 2

The Security Council,

Having examined the situation in the Territories under Portuguese administration as submitted by the thirty-two African Member States,3

54U.N. General Assembly Official Records, Eighteenth Session, Supplement No. 15 (A/5515), pp. 37-38. This resolution was adopted by a vote of 89 to 0, with 14 abstentions.

1U.S.-U.N. press release 4230; the Department of State Bulletin, Aug. 19, 1963, pp. 303-307.

U.N. doc. S/5380 and Corr. 1. This resolution was adopted at the 1049th meeting by a vote of 8 to 0, with 3 abstentions (France, U.K., U.S.).

U.N. doc. S/5347.

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