A/HRC/14/43
I. Introduction
1.
The present report is prepared pursuant to Human Rights Council resolution 7/34. It
is the second report submitted to the Human Rights Council by the present mandate holder,
appointed on 1 August 2008.
2.
At the 2001 World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, States affirmed that racism, racial discrimination, xenophobia and
related intolerance “are an obstacle to friendly and peaceful relations among peoples and
nations, and are among the root causes of many internal and international conflicts,
including armed conflicts”1 and that they were “very often one of its consequences”.2
Furthermore, the Durban Declaration underscored “the need for all parties to armed
conflicts to abide scrupulously by [the fundamental principle of non-discrimination] and for
States and the international community to remain especially vigilant during periods of
armed conflict and continue to combat all forms of racial discrimination”.3 Similarly, at the
2009 Durban Review Conference, States deplored “the occurrences of armed conflicts as
well as ethnic or religious violence, and [noted] relevant provisions of the 2005 World
Summit outcome, in particular paragraphs 138 and 139”,4 thereby referring to the
responsibility to protect populations from genocide, war crimes, ethnic cleansing and
crimes against humanity.
3.
Against this background, the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance aims to analyse how racism, racial
discrimination, xenophobia and related intolerance and conflict interrelate. For the purpose
of the present report, the term “conflict” shall be understood in a broad sense, therefore
including not only armed conflict but also political or social conflict, as well as acts of
violence targeting specific groups of the population. Since the impact of racism, racial
discrimination, xenophobia and related intolerance may vary depending on the stage of the
conflict, the Special Rapporteur examines three situations in the report, namely, before,
during and after a conflict. In chapter II he addresses racism, racial discrimination,
xenophobia and related intolerance in pre-conflict situations and analyses issues relating to
the debates surrounding the concept of so-called “national identity”, socio-economic
discrimination against members of certain groups of the population and political
manipulation of racist or nationalist ideology. In chapter III he examines how hate speech
based on racist ideology may incite people to commit racist and violent acts and thereby
intensify conflicts. Chapter IV is devoted to racism, racial discrimination, xenophobia and
related intolerance in post-conflict situations. Chapter V contains a summary of the
activities of the Special Rapporteur undertaken in the last year, such as country missions
and participation in seminars and conferences. Finally, conclusions and recommendations
are presented in chapter VI.
II. Racism, racial discrimination, xenophobia and related
intolerance in pre-conflict situations
4.
In this chapter, the Special Rapporteur analyses how racism, racial discrimination,
xenophobia and related intolerance, due to the marginalization or discrimination they
1
2
3
4
4
Durban Declaration, preamble.
Ibid., para. 20.
Ibid.
Outcome document of the Durban Review Conference, para. 14.
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