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 12 GE.10-12566

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