A/HRC/10/25
page 14
importance to the respect for human rights, particularly in the long term, it is certainly an
insufficient tool where crimes against humanity are already being perpetrated. Finally, but
importantly, special procedures should be provided with sufficient resources to carry out their
activities, including fact-finding missions.
51. Relevant stakeholders could also benefit more from specific recommendations of special
procedures in the aftermath of large-scale violence in order to address the root causes of such
violence and prevent its recurrence. For example, in addition to criminal justice proceedings,
national commissions of inquiry could play an important role in identifying root causes of major
incidents of racial, ethnic or religious violence and in making recommendations to address
underlying tensions and thus prevent them from reigniting into genocidal violence. Special
procedures have provided both general and thematic advice on ensuring the effectiveness of
national commissions of inquiry (see A/HRC/8/3) and have reported on the progress of specific
inquiries, including detecting when the efforts of such commissions might be floundering.
Increased use could be made of special procedures to ensure more continuous and coherent
engagement by the international community in the work of national commissions of inquiry.
IV. HUMAN RIGHTS TREATY BODIES
52. The reports of the Secretary-General on the implementation of the Five-Point Action Plan
(E/CN.4/2006/84) and the activities of the Special Adviser to the Secretary-General on the
Prevention of Genocide (A/HRC/7/37) are of major relevance to the treaty body system, given
that a number of treaty bodies work on issues related to ethnically-based patterns of
discrimination and exclusion that may lead to hatred and violence and, in some instances, risk
degenerating into threats of genocide.
53. While the Convention on the Prevention and Punishment of the Crime of Genocide itself
does not provide for the establishment of a monitoring body, a number of monitoring bodies
established under human rights treaties subsequently adopted, including the International
Convention on the Elimination of All Forms of Racial Discrimination, the International
Covenant on Civil and Political Rights, the International Convention on Economic, Social and
Cultural Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, address issues of discrimination, exclusion and abuse that may be
considered to fall among the root causes of genocide.
54. By way of example, while the Genocide Convention defines as international crimes a
number of acts committed with the intention to destroy a national, ethnic, racial or religious
group, the International Convention on the Elimination of All Forms of Racial Discrimination
defines as racial discrimination distinctions and exclusions on the grounds of race, colour,
descent or national or ethnic origin that have the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise of human rights and fundamental freedoms. It could be said,
therefore, that genocide constitutes the most heinous form of racial discrimination, with the
purpose of nullifying all human rights, including the right to life itself. As all efforts to address
and overcome racial discrimination are therefore by implication also aimed at countering and
pre-empting tendencies that may have the potential to escalate into threats of genocide, the
Committee on the Elimination of Racial Discrimination, together with the Human Rights
Committee and other treaty bodies, have an important role to play in the monitoring, detection
and prevention of risks of genocide.
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