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

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