A/HRC/20/33
maintenance of separate rights for different racial groups and that they shall not be
continued after the objectives for which they were taken have been achieved.
IV. The role of key actors in preventing racism, racial
discrimination, xenophobia and related intolerance
23.
Preventing racism, racial discrimination, xenophobia and related intolerance is a
multidimensional challenge and any effective preventive agenda must recognize the key
roles of a diversity of actors. Whereas States bear the primary responsibility in combating
racism, racial discrimination, xenophobia and related intolerance, the complex nature of
racism requires cooperation between, inter alia, political parties, States, civil society,
national human rights institutions, the media and private actors. In areas such as education,
capacity building and training, awareness-raising, research and monitoring many non-State
actors have a central role to play.
A.
States
24.
States are the key actors responsible for creating a legal and policy framework for
the prevention of racism, racial discrimination, xenophobia and related intolerance as well
as for the effective implementation of the prevention measures and practices. The Special
Rapporteur urges States to take legislative and policy initiatives specifically targeted at the
prevention of racism. To complement enforcement measures, States should step up their
efforts towards prevention of racism, racial discrimination, xenophobia and related
intolerance in areas such as immigration policy, policing and administration of justice.
Human rights training for State officials is also central in this regard.
25.
Furthermore, and notwithstanding the diversity of views with regard to
multiculturalism, it is crucial that cultural diversity is not denied or suppressed through
coercive assimilationist policies and measures. The Special Rapporteur concurs with his
predecessors that even well-intentioned assimilationist policies can be in contradiction with
international human rights law and exacerbate the problem of marginalization and
invisibility of discriminated ethnic groups. Moreover, as stated by the Committee on
Economic, Social and Cultural Rights in its general comment no. 21 (2009) on the right of
everyone to take part in cultural life, this right imposes three types or levels of obligations
on States parties: (a) the obligation to respect; (b) the obligation to protect; and (c) the
obligation to fulfil. The obligation to respect includes the adoption of specific measures
aimed at achieving respect for the right of everyone, individually or in association with
others or within a community or group to freely choose their own cultural identity, to
belong or not to belong to a community, and have their choice respected. This includes the
right not to be subjected to any form of discrimination based on cultural identity, exclusion
or forced assimilation.16
26.
Monitoring and reporting on progress in addressing the challenges of racism, racial
discrimination and xenophobia is important for meaningful prevention and enforcement.
States have an obligation to their citizens as well as to the international community to report
on such progress particularly through the universal periodic review process of the Human
Rights Council and reports to the relevant treaty bodies.
16
E/C.12/GC/21, paras. 48-49.
9