A/80/496 and human rights law in international and non-international armed conflicts. 63 International human rights law also applies in broader situations of systemic societal violence, which may not constitute an international or non -international conflict. In the present section, the Special Rapporteur presents a non-exhaustive analysis of key international human rights and humanitarian standards. 39. The international human rights law framework obliges States to prevent, address and ensure accountability for all manifestations of racial discrimination, including those related to the various stages of conflict. The most comprehensive prohibition of racial discrimination can be found in the International Convention on the Elimination of All Forms of Racial Discrimination. States Parties to the Convention have committed themselves to pursuing the realization of a domestic and international community free of all forms of racism. To facilitate the substantive realization of racial equality, in line with article 2 of the Convention, States Parties are required to ensure that they neither take part in any act of racial discrimination nor further programmes that lead to racial inequality. Furthermore, where racism, racial inequality or racial discrimination exists, States Parties have an obligation to take effective and immediate action. This obligation to act is absolute. States’ obligations to prevent racial inequality and racial discrimination encompass both preventive and remedial actions. These comprehensive duties to address racial discrimination and ensure substantive equality apply to all manifestations of the interconnection between conflict and racism. These obligations also apply extraterritorially, as has been confirmed by the Committee on the Elimination of Racial Discrimination. 64 40. As highlighted above, special measures can play an important role in building fair and inclusive societies that can help to prevent conflict. The meaning of the term “special measures” and the obligation of States to take special measures are contained in article 1, paragraph 4, and article 2, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination. Article 7 of the Convention is also highly relevant to conflict prevention. In it, States are called upon to “adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups”. 41. In relation to the interconnected relationship between hate speech and conflict, the Special Rapporteur highlights article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination and the Committee’s general recommendation No. 35 (2013), on combating racist hate speech. In it, the role of hate speech in conflict is acknowledged and obligations to address persistent racial hatred and promote inter-ethnic understanding and tolerance that are relevant to conflict related peace, reconciliation and justice processes are outlined. 65 42. Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, read in conjunction with article 2, is highly relevant to the disproportionate impact of conflict on those from marginalized racial and ethnic groups. It guarantees the right of everyone, without distinction as to race, colour or national or ethnic origin, to equality before the law, including in relation to several specific rights. These rights include the right to the security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution, the right to freedom of movement, __________________ 63 64 65 25-16958 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136; Human Rights Committee, general comment No. 29 (2001), para. 3; and E/C.12/1/Add.69. See CERD/C/100/3; CERD/C/ISR/CO/14-16; CERD/C/ISR/CO/13; and CERD/C/304/Add.45. General recommendation No. 35 (2013), para. 35. 15/21

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