ABSTRACT

Public opinion can be quite a negative force within society, manifesting itself as racial discrimination and prejudice, which serve to create stereotypes as well as xenophobic and hostile attitudes toward others based on their ethnic background. In the name of respecting public opinion, can States remain indifferent or silent in these situations? Apparently, they cannot. International law requires States not only to condemn racist opinion, organisations and propaganda, but also urges States to encourage, respect and observe human rights and fundamental freedoms. These principles are stated in the United Nations Declaration on the Elimination of All Forms of Racial Discrimination which was adopted by the General Assembly of the United Nations in 1963 (articles 1, 2, 8, 9 and 11). The preamble of the Declaration highlights the importance of the stance that any doctrine of racial differentiation or superiority is morally condemnable by anybody, including States, and that governmental policies, if based on racial prejudice or hatred, tend to jeopardise international peace and security.