A/73/305 C. The applicable legal framework 44. Insofar as nationalist populism advances ideologies of racial superiority and practices and structures of discriminatory exclusion and intolerance on grounds of race, colour and national or ethnic origin, it runs directly counter to international human rights law and principles. This section explains how racist and xenophobic expression contravenes existing international human rights obligations. It begins with an overview of States’ legal obligation to combat the structural effects of nationalist populism, such as institutionalized discrimination and exclusion, and the shrinking of civic and democratic space, all of which should be seen as undermining racial equality. Structural or institutionalized discrimination and exclusion 45. As discussed above, nationalist populist rule can lead to institutionalized legal and policy measures that violate the obligations of Member States to uphold the rights to non-discrimination and equality before the law for all. Article 1 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. The Special Rapporteur would like to recall that the prohibition on racial discrimination in international human rights law is aimed at much more than a formal vision of equality. Equality in the international human rights framework is substantive and requires States to take action to combat intentional or purposeful racial discrimination, as well as to combat de facto or unintentional racial discrimination. The Committee on the Elimination of Racial Discrimination underscored that States have an obligation to dismantle discriminatory structures, in addition to tackling intentional discrimination. 46. This framework for substantive racial equality means that all measures that are aimed at voter suppression, or that undermine judicial independence, threaten the lives of human rights defenders and undermine press freedom, all in the service of advancing non-plural, mono-racial, mono-ethnic or mono-religious nations, must be addressed as a matter of urgency by Member States. These mechanisms, which directly and indirectly target and undermine the rights of marginalized racial, ethnic, national or religious groups, must be understood as contravening the prohibition of racial discrimination under international human rights law. 47. Noting in particular the dramatic increase in law and policy in right -wing nationalist populist contexts targeting the rights of non-nationals, the Special Rapporteur would like to recall the international legal framework applicable to non-nationals, as laid out in her most recent report to the Human Rights Council. 71 She reiterates that, while States have the sovereign right to regulate immigration, they must not do so in violation of their racial equality and non-discrimination obligations. In this regard, she also reiterates that laws and policies on immigration must not discriminate, in purpose or effect, on the basis of race, colour or national or ethnic origin. In particular, in the context of counter-terrorism, immigration and other measures must comply with the prohibition of racial discrimination, including with regard to racial and ethnic profiling or stereotyping. 48. It is equally important to recall that the rights outlined in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, __________________ 71 16/22 See A/HRC/38/52, paras. 16–21. 18-12945