A/HRC/41/24
externally into other languages, including officially by Slovenia. I urge all Member States
to translate the Framework into other languages and to use it to conduct risk and resilience
assessments and identify areas where they could strengthen their preventive capacities.
11.
Genocide and other atrocity crimes are typically preceded by less widespread or
systematic human rights violations of civil and political rights, as well as economic, social
and cultural rights, often linked to patterns of discrimination or exclusion of protected
groups, populations or individuals based on their ethnic, racial, national or religious
background. Building resilience within societies by addressing human rights concerns,
including discrimination, is therefore key. This means building a society which accepts and
values diversity and in which communities with different identities can coexist peacefully.
In order to do so, Member States must develop appropriate legal frameworks and build
State structures and institutions that are legitimate, respect international human rights law
and the rule of law in general, and that have the capacity to address and defuse sources of
tension before they escalate. They can do this individually and through membership in and
cooperation with subregional, regional and international organizations or initiatives.
12.
This section of the report focuses on three main areas for atrocity prevention:
national capacities; States’ participation in regional and subregional initiatives; and
mechanisms of early detection and prevention within the United Nations system.
A.
National capacities
13.
Preventing genocide and other atrocity crimes must start with developing adequate
legal frameworks that protect and promote human rights. As atrocity crimes are extreme
forms of human rights violations, the ratification and implementation of international
human rights treaties, including the Convention on the Prevention and Punishment of the
Crime of Genocide, should be at the core of national atrocity prevention strategies.
14.
International human rights treaties have been widely ratified by States and the 1949
Geneva Conventions have received universal acceptance. The Convention on the
Prevention and Punishment of the Crime of Genocide has 151 States parties; 43 Member
States have yet to become parties. Of those that have not ratified the Convention, 20 are in
Africa, 17 in Asia and 6 in the Americas. However, prevention goes beyond accepting new
legal obligations or making new commitments. Implementation is essential. Implementation
entails putting in place legislation and measures compatible with States’ treaty obligations.
15.
Many Member States have adopted constitutions and other laws protecting basic
human rights and, in particular, the rights of minorities as well as of refugees and internally
displaced persons, the groups most at risk of genocide and other atrocity crimes. By
upholding the rights of these groups, States not only set the foundations for protection
structures within their national borders, but also create the conditions for social stability and
cohesion. This builds resilience to genocide as an extreme form of identity-based violence,
but also to other atrocity crimes. For instance, the Canadian Charter of Rights and
Freedoms, which is entrenched in the Constitution of Canada, affirms that every individual
in Canada is considered equal, regardless of race, religion, national or ethnic origin, colour,
sex, age or physical or mental disability. The courts have held that this provision also
protects equality in respect of other characteristics not specifically set out in the Charter.
The Constitution of Singapore established in 1970 the Presidential Council for Minority
Rights. The Council’s main function is to examine all legislation to ensure that laws are not
disadvantageous to any racial or religious community. The Council also considers matters
affecting any racial or religious community referred by Parliament or the Government.
16.
Several Member States have also taken measures to introduce international crimes
into national legislation and provide effective remedies to victims of these crimes, including
through access to justice, as determined by international law. Some 120 States have enacted
national legislation criminalizing genocide. Ensuring accountability for human rights
violations and past atrocity crimes demonstrates that no one is above the law and may act as
a deterrent, thus contributing to the prevention of those violations and crimes. It also builds
the credibility of institutions and strengthens respect for the rule of law.
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