A/HRC/14/43
Government outside of an electoral or constitutionally sanctioned process or instances
where the military is deployed internally to act against civilians.
During a conflict
71.
Hate speech based on racist ideology tends to create a culture of victimization
and to dehumanize certain categories of persons believed to be less equal. In situations
of conflict, victimization and dehumanization may become effective tools to incite
people to commit acts of violence, including killings, against specific individuals and
groups of individuals. The Special Rapporteur therefore calls upon States parties to
the International Convention on the Elimination of All Forms of Racial
Discrimination and to the International Covenant on Civil and Political Rights to fully
comply with their international obligations, in particular with article 4 of the former
and article 20 of the latter, and recalls that such obligations remain applicable in
times of conflict.
After a conflict
72.
Post-conflict situations often breed fragility, fear and mistrust. In order to
ensure lasting and sustainable peace and reconciliation, it is essential to ensure that
the root cases of a conflict be appropriately addressed to avoid the resurgence of
tensions and violence. The Special Rapporteur therefore recommends that human
rights, including issues related to racism, racial discrimination, xenophobia and
related intolerance, be systematically and fully integrated in all peace processes, in
particular in peace agreements and mandates establishing United Nations missions. In
addition, he recommends that the impact on human rights of all measures taken in the
framework of peace processes be thoroughly assessed.
73.
Addressing racism, racial discrimination, xenophobia and related intolerance
in an adequate manner contributes to the success of the peace process following a
conflict. Thus, the Special Rapporteur recommends that relevant stakeholders, in
particular States and the international community, acknowledge and address the
ethnic or racial dimensions of ethnic conflicts. Doing so will help to frame appropriate
solutions to the conflict and establish a clear mandate for those in charge of
monitoring or contributing to the implementation of related peace agreements.
74.
The Special Rapporteur recommends that human rights violations committed
during a conflict, including racial discrimination, be recognized and addressed
adequately in order to ensure sustainable peace. In particular, it is of utmost
importance to give prominent attention to the suffering of victims to allow for genuine
reconciliation.
75.
Given the volatility of a post-conflict situation, the Special Rapporteur
recommends that relevant stakeholders remain vigilant vis-à-vis renewed incitement
to violence or hatred, in particular with regard to the adverse consequences of hate
speech based on racist ideology.
76.
In order to avoid the resurgence of tensions, the Special Rapporteur
recommends that, following a conflict, the participation of all stakeholders, including
in any dialogue, be strongly encouraged and supported in order to consolidate the
often fragile peace existing in a post-conflict situation. In this regard, it is of utmost
importance to persuade the “winner” of the conflict, if any, about the necessity for the
peace process to be as participatory and open as possible. Consolidating democracy,
the rule of law and democratic governance are essential in order to reconstitute the
fabric of society on solid grounds. Should that not be the case, tensions may arise and
lay the ground for racism, racial discrimination, xenophobia and related intolerance
to become deeply entrenched within society.
20
GE.10-12566