A/64/271
3.
Genocide
46. On 21 January 2009, the Special Rapporteur participated in a seminar on the
prevention of genocide organized by the Office of the United Nations High
Commissioner for Human Rights. On that occasion, he recalled that genocide, ethnic
cleansing and other war crimes were traditionally linked to the emergence of
exclusionary ideologies based on race or ethnicity and that extreme forms of racism,
often hidden under the guise of radical nationalism, could lead to unspeakable
catastrophes. However, while it was clear that genocide was frequently accompanied
by extreme forms of racism, the Special Rapporteur cautioned against sweeping
causal statements. He highlighted that racism was a widespread and pervasive
phenomenon, affecting countries in all regions of the globe, whereas genocide, on
the other hand, had been confined to a limited number of cases which had taken
place under specific circumstances.
47. Reflecting on the need to better understand the conditions under which racism
leads to genocidal violence, the Special Rapporteur referred to the helpful efforts
undertaken by the Committee on the Elimination of Racial Discrimination. The
substantive work carried out by the Committee allowed for the identification of
long-term and short-term factors leading to genocide. On the long term, the
importance of addressing systematic discrimination against particular distinct
groups was emphasized and early-warning signs helping to detect such systematic
discrimination were identified by the Committee. Short-term factors were also
indicated as being essential to explain how long-term causes were triggered into
mass violence at particular times. Although a system of early warning was never fail
proof, the Special Rapporteur stressed its absolute necessity against the crime of
genocide. Such a system allowed identifying situations that should be placed on a
“watch list” of countries at risk and also offered a sense of the long- and short- term
measures required to overcome the problem.
48. While political solutions lay at the centre of these efforts, the Special
Rapporteur underlined the set of human rights concerns which should also guide
such political decisions, as they allowed for action on issues at the root causes of the
conflict. Dealing with these root causes of ethnic conflict was considered by the
Special Rapporteur as a fundamental strategy to prevent genocide. Indeed, the
international community had often tried to remedy situations of conflict, while
disregarding the real sources of the problem. As a consequence, racial or ethnic
tensions remained long after a peace agreement was signed, only to lead to conflict
recurring years later. An anti-racism and anti-discrimination approach was thus
essential in post-conflict situations, particularly in post-genocide contexts, in order
to ensure that such tragedies would not recur in the future. In particular, the Special
Rapporteur stated that racial or ethnic fractures that opened during conflict needed
to be addressed with broad programmes of national reconciliation that fostered
inter-ethnic cooperation.
49. While national reconciliation must be a priority in a post-conflict situation, the
Special Rapporteur also recalled that combating impunity was to remain on the top
of the agenda. The investigation, prosecution and punishment of those responsible
were an absolute necessity leading to a comprehensive and lasting reconciliation
process. The culture of anti-impunity was at the core of the mandates of several
international tribunals, which should be globally supported. Nonetheless, the Special
Rapporteur considered that these international mechanisms were the last resort
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