A/HRC/62/56
I. Introduction
1.
The present report, submitted pursuant to Human Rights Council resolution 80/192,
contains an exploration of the implementation of this resolution on combating glorification
of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of
racism, racial discrimination, xenophobia and related intolerance.
2.
The report is informed by submissions received in response to a call for submissions
addressed to States and other stakeholders, as well as additional research. The Special
Rapporteur thanks those that submitted information.
3.
In the present report, the Special Rapporteur presents an overview of the foundational
principles and State obligations under international human rights law . Consistent with the
positions of previous mandate holders, the Special Rapporteur stresses the importance of
effective implementation of racial equality and non-discrimination standards under
international human rights law, with particular attention to their application in combating
glorification of Nazism, neo-Nazism and other practices. She calls upon Member States to
demonstrate the resolute commitment required to confront the documented rise in hate crime
and incitement to violence against ethnic, racial and religious minorities and groups
worldwide. The Special Rapporteur further reminds Member States that the United Nations
was established, in the aftermath of the horrors of the Second World War, with the express
purpose of preventing future wars and protecting succeeding generations from the scourge of
armed conflict. The Special Rapporteur calls upon all States to redouble their efforts to
counter every form of ethnic, racial and religious hatred, and to actively promote tolerance
and understanding both within and among nations.
II. International Human Rights Law Framework
4.
The prohibition of racial discrimination constitutes a peremptory norm of general
international law, binding upon all States without exception and admitting of no derogation.
Any treaty or international agreement inconsistent with this norm is, accordingly, void. The
most comprehensive codification of this prohibition is found in the International Convention
on the Elimination of All Forms of Racial Discrimination (ICERD). This prohibition is
further affirmed across the principal international human rights instruments, including the
International Covenant on Civil and Political Rights (ICCPR), the International Covenant on
Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the
Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD). Each
of these instruments enshrines the foundational principle that all persons, by virtue of their
inherent humanity, are entitled to the enjoyment of human rights without distinction of any
kind. Upon ratification, States assume legally binding obligations to respect, protect and fulfil
the rights guaranteed therein.1
5.
The Special Rapporteur recalls that States bear an unequivocal obligation to ensure
that their laws, policies and practices are free from discrimination in both design and
application. Article 2(1) of ICERD imposes a positive duty upon States and all public
authorities — at both national and local levels — to refrain from engaging in any act or
practice of racial discrimination. This obligation extends further: States must neither sponsor,
defend nor support racial discrimination perpetrated by any person, group or organization,
including those that propagate doctrines of racial superiority or incite racial intolerance.
6.
States are equally obligated to protect individuals within their jurisdiction from
discriminatory conduct by non-State actors. This duty requires the enactment of
comprehensive, effective anti-discrimination legislation that prohibits all forms of racial
discrimination and guarantees equal and effective protection before the law. In this regard,
the Special Rapporteur aligns with the guidance of the Office of the United Nations High
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A/HRC/59/63.