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and human rights law in international and non-international armed conflicts. 63
International human rights law also applies in broader situations of systemic societal
violence, which may not constitute an international or non -international conflict. In
the present section, the Special Rapporteur presents a non-exhaustive analysis of key
international human rights and humanitarian standards.
39. The international human rights law framework obliges States to prevent, address
and ensure accountability for all manifestations of racial discrimination, including
those related to the various stages of conflict. The most comprehensive prohibition of
racial discrimination can be found in the International Convention on the Elimination
of All Forms of Racial Discrimination. States Parties to the Convention have
committed themselves to pursuing the realization of a domestic and international
community free of all forms of racism. To facilitate the substantive realization of
racial equality, in line with article 2 of the Convention, States Parties are required to
ensure that they neither take part in any act of racial discrimination nor further
programmes that lead to racial inequality. Furthermore, where racism, racial
inequality or racial discrimination exists, States Parties have an obligation to take
effective and immediate action. This obligation to act is absolute. States’ obligations
to prevent racial inequality and racial discrimination encompass both preventive and
remedial actions. These comprehensive duties to address racial discrimination and
ensure substantive equality apply to all manifestations of the interconnection between
conflict and racism. These obligations also apply extraterritorially, as has been
confirmed by the Committee on the Elimination of Racial Discrimination. 64
40. As highlighted above, special measures can play an important role in building
fair and inclusive societies that can help to prevent conflict. The meaning of the term
“special measures” and the obligation of States to take special measures are contained
in article 1, paragraph 4, and article 2, paragraph 2, of the International Convention
on the Elimination of All Forms of Racial Discrimination. Article 7 of the Convention
is also highly relevant to conflict prevention. In it, States are called upon to “adopt
immediate and effective measures, particularly in the fields of teaching, education,
culture and information, with a view to combating prejudices which lead to racial
discrimination and to promoting understanding, tolerance and friendship among
nations and racial or ethnical groups”.
41. In relation to the interconnected relationship between hate speech and conflict,
the Special Rapporteur highlights article 4 of the International Convention on the
Elimination of All Forms of Racial Discrimination and the Committee’s general
recommendation No. 35 (2013), on combating racist hate speech. In it, the role of
hate speech in conflict is acknowledged and obligations to address persistent racial
hatred and promote inter-ethnic understanding and tolerance that are relevant to
conflict related peace, reconciliation and justice processes are outlined. 65
42. Article 5 of the International Convention on the Elimination of All Forms of
Racial Discrimination, read in conjunction with article 2, is highly relevant to the
disproportionate impact of conflict on those from marginalized racial and ethnic
groups. It guarantees the right of everyone, without distinction as to race, colour or
national or ethnic origin, to equality before the law, including in relation to several
specific rights. These rights include the right to the security of person and protection
by the State against violence or bodily harm, whether inflicted by government
officials or by any individual group or institution, the right to freedom of movement,
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25-16958
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,
Advisory Opinion, I.C.J. Reports 2004, p. 136; Human Rights Committee, general comment
No. 29 (2001), para. 3; and E/C.12/1/Add.69.
See CERD/C/100/3; CERD/C/ISR/CO/14-16; CERD/C/ISR/CO/13; and CERD/C/304/Add.45.
General recommendation No. 35 (2013), para. 35.
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