A/HRC/41/54/Add.1 regard to the principles of equality and non-discrimination. They also advance a substantive vision of equality – one that requires Morocco to eliminate intentional or purposeful racial discrimination, as well as to combat de facto or unintentional racial discrimination. Prohibited racial discrimination can occur even where there is no racial animus or prejudice in operation.4 10. During her visit, the Special Rapporteur encountered various stakeholders who believed that racism generally did not exist in Morocco, but rather occurred in isolated incidents. The Special Rapporteur is concerned that this may indicate a narrow understanding of the term racial discrimination. In this context, she wishes to underline that racial discrimination must be understood in broad terms, and that structures of exclusion that operate even in the absence of explicit prejudice are central to the problem of racism. 11. The prohibition of racial discrimination is absolute and cannot be interpreted restrictively. This means, among other things, that: (a) racial discrimination is prohibited in the enjoyment of all civil, political, economic, social, and cultural rights; 5 (b) racial discrimination is prohibited under any circumstances, including in the context of migration;6 and (c) racial equality must be guaranteed for everyone regardless of ancestry or descent, including persons belonging to racial and ethnic minorities, and non-citizens (regardless of their legal status).7 Achieving substantive racial equality also requires an intersectional analysis of the problem of racial discrimination and intolerance. An intersectional approach takes seriously the different experiences of racial discrimination that individuals endure because of their race, ethnicity, national origin, or culture, in combination with their gender, sex, sexual orientation, religion, disability status, age and any other social category. 12. The Special Rapporteur recalls that special measures are permissible under article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination. Pursuant to that provision, temporary special measures may be needed “to secure to disadvantaged groups the full and equal enjoyment of human rights and fundamental freedoms”.8 13. Finally, the Special Rapporteur notes that Morocco was due to report on its implementation of the International Convention on the Elimination of All Forms of Racial 4 5 6 7 8 Child, art. 2 (1) and (2); and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 7. See, for example, Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, paras. 6–7. International Covenant on Civil and Political Rights, art. 2; International Covenant on Economic, Social and Cultural Rights, art. 2 (2); and International Convention on the Elimination of All Forms of Racial Discrimination, art. 5. See also Committee on the Elimination of Racial Discrimination, general recommendation No. 20 (1996) on article 5 of the Convention, para. 1. See Human Rights Committee, general comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency, para. 8; A/HRC/7/23, para. 35; International Covenant on Civil and Political Rights, art. 4 (1); A/72/287, para. 47; and Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2004) on discrimination against non-citizens. See Human Rights Committee, general comment No. 18 (1989) on non-discrimination; Committee on the Elimination of Racial Discrimination, general recommendation No. 22 (1996) on refugees and displaced persons in the context of article 5 of the Convention; Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997) on the rights of indigenous peoples; Committee on the Elimination of Racial Discrimination, general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination; Committee on the Elimination of Racial Discrimination, general recommendation No. 27 (2000) on discrimination against Roma; Committee on the Elimination of Racial Discrimination, general recommendation No. 29 (2002) on descent in the context of article 1 (1) of the Convention; Committee on the Elimination of Racial Discrimination, general recommendation No. 30; Committee on the Elimination of Racial Discrimination, general recommendation No. 34 (2011) on racial discrimination against people of African descent; and Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights. See Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 11. 5