A/HRC/14/43
access to economic, social and cultural rights for all individuals within the State’s
territory and subject to its jurisdiction. In this regard, he recommends that State
actors take all necessary measures to prevent, prohibit, sanction and offer
compensation for socio-economic discriminatory practices targeting certain groups of
individuals. While legislative measures are indispensable to counter socio-economic
discrimination, affirmative action, education, effective administration of justice and
the existence of accessible and effective remedies are also needed to complement
legislative measures.
68.
Political manipulation of racist or nationalist ideology fosters ethnic enmity and
is therefore a significant factor contributing to the triggering of conflict. The
effectiveness of such political manipulation depends however on a number of
structural conditions, such as unmet human development needs, the socio-economic
deprivation of some groups relative to others and the absence or weakness of the rule
of law and democratic structures. The degree of representativeness of all groups of the
population in political institutions and the role of the media are also essential in this
regard. Therefore the Special Rapporteur recommends that State actors ensure that
minorities are adequately represented in all areas of public life, including in State
institutions. He also cautions against the concentration of media ownership by the
State and recommends that the media, when reporting on different groups, do so in a
way that fosters a better understanding of the groups. He strongly calls upon the
media to disengage from negative stereotypes of individuals and groups and
incitement to hatred.
69.
The Special Rapporteur is conscious that other issues may also contribute to
the triggering of conflict. As such, he refers to the list of key indicators developed by
the Committee on the Elimination of Racial Discrimination (CERD/C/67/1) in order to
assess the existence of factors known to be important components of situations leading
to conflict and genocide. Such indicators have to a certain extent been addressed in
this report and include, inter alia, the systematic exclusion — in law or in fact — of
groups from positions of power, employment in State institutions and key professions
such as teaching, the judiciary and the police; grossly biased versions of historical
events in school textbooks and other educational materials as well as the celebration of
historical events that exacerbate tensions between groups and peoples; systematic and
widespread use and acceptance of speech or propaganda promoting hatred and/or
inciting violence against minority groups, particularly in the media; and significant
disparities in socio-economic indicators evidencing a pattern of serious racial
discrimination.
70.
In addition, the Special Rapporteur also refers to the Analysis Framework of
the Special Adviser of the Secretary-General on the Prevention of Genocide.22 The
Framework may be used as a guide to monitor and assess the risk of genocide in any
given situation. Issues to be analysed in order to determine such a risk include, inter
alia, inter-group relations, including records of discrimination and/or other human
rights violations committed against a group; circumstances that affect the capacity to
prevent genocide, such as the absence of an independent judiciary or an independent
media; acts which serve to encourage divisions between national, racial, ethnic and
religious groups; circumstances that facilitate the perpetration of genocide, such as
the sudden increase in inflammatory rhetoric or hate propaganda, especially by
leaders, that sets a tone of impunity; and triggering factors such as a change of
22
GE.10-12566
See footnote 5 above.
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