A/HRC/53/60
high-level conference for the twenty-fifth anniversary of the European Commission against
Racism and Intolerance.4
17.
The Special Rapporteur’s predecessors also advocated for the rights of those affected
by racism, racial discrimination, xenophobia and related intolerance in other ways. For
example, mandate holders submitted several amicus curiae briefs in strategic litigation in
various jurisdictions.5 Mandate holders also sent open letters on key issues relating to racism
and racial discrimination to international organizations and forums, including the
International Criminal Court; the twelfth Ministerial Conference of the World Trade
Organization; the intergovernmental consultations to agree on the Progress Declaration of
the International Migration Review Forum; and the Security Council Committee established
pursuant to resolution 1373 (2001) concerning counter-terrorism.6
IV. Scope and applicable international legal and policy
frameworks
18.
The Special Rapporteur interprets the scope of her mandate on the basis of the Human
Rights Council resolutions establishing and extending her mandate 7 and the General
Assembly resolutions mandating her to report on trends in the glorification of Nazism.8 In
accordance with the reference to the International Convention on the Elimination of All
Forms of Racial Discrimination in the latest Human Rights Council resolution renewing her
mandate,9 the Special Rapporteur interprets the mandate as encompassing all grounds for
discrimination covered by article 1 of the Convention, which states that the term “racial
discrimination” means 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.
19.
Accordingly, the Special Rapporteur intends to ground her work in the Convention,
which contains the most comprehensive prohibition of racial discrimination in international
human rights law. She aligns herself with previous mandate holders, who have stressed the
comprehensive and holistic nature of the obligations of States under article 2 of the
Convention. 10 The Convention and the prohibition of racism set out therein require
multifaceted responses from State parties, encompassing both positive and negative actions,
to realize racial equality. In accordance with article 2 of the Convention, State parties must
ensure that they neither take part in any act of racial discrimination nor further programmes
that lead to racial inequality. In accordance with their obligations under the Convention,
States must also take steps to prevent all forms of racism and racial discrimination. Under
article 6 of the Convention, in incidences of racism, racial inequality or racial discrimination,
States have an obligation to facilitate access to remedy for affected individuals through
competent national tribunals and other State institutions. The Special Rapporteur, at the
outset of her mandate, stresses the multifaceted and comprehensive nature of the obligations
of States under the Convention. She calls upon States to increase their efforts to fulfil such
obligations, including by continuing and expanding efforts to implement the concluding
observations of the Committee on the Elimination of Racial Discrimination.
4
5
6
7
8
9
10
GE.23-09089
See https://www.ohchr.org/en/special-procedures/sr-racism/activities.
Ibid.
Ibid.
For example, Human Rights Council resolutions 52/36 and 43/36 and Commission on Human Rights
resolutions 1993/20 and 1994/64.
For example, General Assembly resolution 76/149.
Human Rights Council resolution 52/36.
See the amicus curiae brief submitted in 2022 by the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance to Le Conseil d’État of France
concerning the systemic use of racial profiling within law enforcement activities, available at
https://www.ohchr.org/sites/default/files/documents/issues/racism/sr/amicus/2022-0628/AmicusBrieftoFrance-Third%20party-intervention-SR-Achiume-EN.pdf.
5