A/80/496
negotiations and peacebuilding processes and mechanisms could be a powerful tool
in preventing such relapses.
36. Another vital consideration in preventing the relapse into conflicts is ensuring
truth, accountability and reparation for human rights violations. Effective peace and
reconciliation require truth and accountability for human rights violations that have
taken place during the outbreak and escalation of conflict, including violations of the
prohibition of racial discrimination. Transitional justice processes and mechanisms,
including judicial and non-judicial processes, can play an indispensable role in t his
respect. Transitional justice processes and mechanisms focus on the investigation,
prosecution and remedy of past human rights violations, including in conflict
situations. They can also include efforts to reform institutions and memorialize
historical events and cultural initiatives. The Special Rapporteur stresses the
importance of the consistent integration of analysis of the racial and ethnic
dimensions of conflict and equality, non-discrimination and racial justice standards
into transitional justice processes.
37. Addressing conflict-related human rights violations in a lasting manner and
remedying impunity also requires a systemic approach that acknowledges, addresses
and remediates colonialism, enslavement and apartheid as grave human rights
violations and major drivers of conflict. As was articulated in one of the submissions
received by the Special Rapporteur, “sustainable peace is not possible without
addressing the entrenched systems of racial inequality and colonial domination that
often underpin modern conflicts”. 60 In this respect, the Special Rapporteur welcomes
the joining up of work on anti-racism and transitional justice and calls for reparatory
justice within the work of the Office of the United Nations High Commissioner for
Human Rights and the racial justice and human rights mechanisms. 61 For example,
the High Commissioner’s agenda towards transformative change for racial justice and
equality contains calls for comprehensive processes to halt, reverse and repair the
lasting consequences and ongoing manifestations of the legacies of enslave ment, the
transatlantic trade in enslaved Africans and colonialism. 62 The Special Rapporteur
stresses the importance of the broader mainstreaming of reparatory justice
approaches, which acknowledge, address and remedy colonialism, enslavement and
apartheid, into the conflict prevention and resolution work of States, the Uni ted
Nations and other multilateral actors.
IV. Applicable international legal framework
38. Equality and non-discrimination and the maintenance of international peace and
security are both embedded within the Charter of the United Nations and central to
the rationale and objectives of the United Nations. International human rights and
humanitarian law have further elaborated on and enshrined the relevant obligations
of States and other actors in ensuring equality, non-discrimination, peace and security.
International human rights law and international humanitarian law have a symbiotic
relationship and are both important to conflict and racial discrimination. International
human rights law plays an important role in preventing armed conflict, given that
respect for such standards often prevents violence. International humanitarian law
starts to apply in situations of international and non-international armed conflict. The
Special Rapporteur stresses the concurrent applicability of international humanitarian
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60
61
62
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Submission from Baku Initiative.
See for example, A/HRC/60/72, A/HRC/60/77 and A/74/321.
See A/HRC/47/53.
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