A/HRC/14/43
IV.
Racism, racial discrimination, xenophobia and related
intolerance in post-conflict situations
31.
Post-conflict situations often breed fragility, fear and mistrust. In order to ensure
lasting and sustainable peace and reconciliation, the Special Rapporteur believes that it is
essential to ensure that the root causes of a conflict are appropriately addressed. This is of
particular importance when ethnic tensions, racism, racial discrimination, xenophobia and
related intolerance have been at the heart of an internal conflict. Internal conflicts are
fought among people who live intermingled with each other, forced to share the same
territory or resources. It is therefore essential to find the means that enable these people to
live together again. In this regard, peacekeeping missions, special political missions and
peace agreements play a key role.
32.
In recent years, human rights have been more systematically integrated in the
mandates of United Nations peacekeeping or special political missions, as well as in peace
agreements. With regard to the latter, the Special Rapporteur emphasizes that addressing
racism, racial discrimination, xenophobia and related intolerance in an adequate manner
contributes to the success of the peace process following a conflict.
A.
Acknowledging the ethnic or racial dimension of a conflict
33.
A conflict may be efficiently resolved only if its causes are adequately identified and
addressed. Accordingly, the resolution of an ethnic conflict needs to acknowledge and
address the ethnic or racial dimension of the conflict. Including those aspects will help to
frame appropriate solutions and establish a clear mandate for those in charge of monitoring
or contributing to the implementation of related peace agreements. In this regard, the peace
agreements concluded in Burundi and in Nepal, described briefly below, are instructive.
34.
The Arusha Peace and Reconciliation Agreement for Burundi (2000) contains many
references to the ethnic dimension of the conflict it was drafted to end and refers to
measures to address it. As such, the Arusha Agreement not only recognizes the ethnic
origin of the conflict but also integrates it in the solutions proposed. To this end, in protocol
I, chapter I, article 4, of the Agreement the Parties recognize that “(a) the conflict is
fundamentally political, with extremely important ethnic dimensions; (b) it stems from a
struggle by the political class to accede to and/or remain in power” and state that “in the
light of the foregoing, the Parties undertake to abide by the principles and implement the
measures set forth in Chapter II of the present Protocol”.
35.
The solutions proposed in protocol I, chapter II of the Agreement include, inter alia,
the “institution of a new political, economic, social and judicial order in Burundi, in the
context of a new constitution inspired by Burundian realities and founded on the values of
justice, the rule of law, democracy, good governance, pluralism, respect for the
fundamental rights and freedoms of the individual, unity, solidarity, equality between
women and men, mutual understanding and tolerance among the various political and
ethnic components of the Burundian people” (art. 5, para. 1), and “a reorganization of the
State institutions to make them capable of integrating and reassuring all the ethnic
components of Burundian society” (art. 5, para. 2), as well as the “banning of all political or
other associations advocating ethnic, regional, religious or gender discrimination or ideas
contrary to national unity” (art. 7, para. 3).
36.
Moreover, the following fundamental values, among others, are identified in
protocol II, chapter I of the Agreement:
“1.
All Burundians are equal in value and dignity. All citizens are entitled to
equal rights and to equal protection of the law. No Burundian shall be excluded from
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