A/80/496
47. Soft law standards have further expanded on the steps that States should take to
meet their obligations under international human rights and humanitarian laws. The
Durban Declaration and Programme of Action elaborated on the steps that States need
to take to ensure the eradication of all forms of racial discrimination. It recognizes
the connection between racial discrimination and conflict, including through an
emphasis on the centrality of equality and non-discrimination in post-conflict
reconciliation.
48. The 2005 Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law are also particularly relevant
to peace, reconciliation and justice in conflict situations. The Guidelines set out five
main elements of remedy and reparations for human rights violations: restitution;
compensation; rehabilitation; satisfaction; and guarantees of non -repetition. It is
explained in the guidelines that the principle of guarantee of non-repetition plays a
part in preventing human rights violations. Guarantees of non-repetition has been
interpreted as an obligation not only to ensure that individual victims do not suffer
the same treatment again, but also to systematically ensure, through measures such as
legislation and training and awareness-raising, that similar violations do not take
place in the future. It is stated in the Guidelines that they must be implemented in a
non-discriminatory manner. 66
V. Conclusions and recommendations
49. Violent conflict has intensified in recent years and rages around the world.
Moreover, there is a grave risk that such conflict will further increase in the coming
years. It is projected that, by 2030, more than half of the people living in poverty will
live in countries affected by high levels of violence. 67 As well as becoming more
prevalent, violent conflicts, both within and between States, are becoming more
protracted and increasingly complex, often involving a range of non -State actors.
Contemporary conflicts are also becoming more interconnected with other major global
challenges, including inequality and a lack of sustainable development for all, climate
change, natural disasters, cybersecurity threats and transnational organized crime.
50. The human rights-related impact of intensifying conflict is devastating.
Interconnections between racial discrimination, including systemic racism, and
violent conflict and its consequences are complex, layered and multidimensional. The
powerful and destructive interconnectedness of conflict and racial discrimination
contravenes both equality and non-discrimination and the maintenance of
international peace and security as foundational norms of the United Nations, the
post-World War Two international order and international law. The status quo,
whereby conflict and racial discrimination reinforce each another, deepening the
exclusion of and harm to racialized groups, is unacceptable and cannot be sustained.
Significantly increasing investment in anti-racism and conflict prevention and
resolution, as interconnected and mutually reinforcing goals, is vital and highly urgent.
51. The Special Rapporteur, while welcoming the findings and recommendations of
some human rights entities on the topic of racial discrimination and conflict, 68
observes that the topic has not been extensively explored by either human rights or
peace and security entities. In the current geopolitical context, it is urgent and
important to ensure that the connection between racial discrimination and conflict be
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25-16958
See General Assembly resolution 60/147.
United Nations and World Bank, Pathways for Peace.
See, for example, A/HRC/60/79; Committee on the Elimination of Racial Discrimination,
general recommendation No. 35 (2013); and various concluding observations of the Committee.
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