A/HRC/4/19/Add.2 page 27 90. With regard to incidents of police violence, the Special Rapporteur wishes to remind the federal and cantonal authorities of their obligations under international norms for the protection of human rights, which apply to everyone without distinction. In this regard, he strongly recommends, pending the establishment of the aforementioned federal commission, the creation of independent mechanisms to investigate allegations of racism, racial discrimination, xenophobia and related intolerance by various bodies and administrations at the federal, cantonal and communal levels. 91. The Special Rapporteur, having noted the weakness of Swiss administrative and civil legislation regarding protection against discrimination, particularly in the areas of housing, employment and access to public places, considers that Swiss legislation in these areas should explicitly incorporate effective anti-discriminatory and anti-racist norms. Swiss law should also provide for legislation for the implementation of anti-racist norms, and provide for compensation or reparation. 92. The Special Rapporteur supports the planned adoption by the Swiss authorities of two articles to supplement article 261 dealing with distinctive symbols of a discriminatory attitude based on race or the public use of slogans, gestures or forms of salutation with a racist meaning, and with the criminalization of the creation of, or participation in, groups that intend to commit acts prohibited under article 261 bis. 93. He also recommends that Swiss legislation introduce the right of associations and non-governmental organizations to appear in court and act on behalf of victims, since this would provide better protection for persons who are reluctant or unable to take their cases to the courts. 94. The Special Rapporteur encourages the Swiss authorities to withdraw the reservations to article 2, paragraph 1 (a), and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. 95. The Special Rapporteur is aware that the legal strategy alone cannot combat prejudices which, in Switzerland as elsewhere, are deeply rooted in history and culture. He therefore recommends that the political and legal strategy be supplemented by a cultural and ethical strategy with the aim - in order to overcome the deadlocks and tensions of an ideological and partisan management of de facto uncontrolled multiculturalization - of the voluntary, gradual and long-term construction of a democratic, egalitarian, non-discriminatory and interactive multiculturalism centred around two related areas: the promotion of reciprocal knowledge among communities reflecting the diversity of Swiss society and the promotion of interaction and cross-fertilization among these communities. Action must be taken, here and now, to promote fruitful and non-antagonistic coexistence, the dialectic of unity and diversity, the founding principle of Swiss federalism, bearing in mind the current twofold challenge of the growing complexity of diversity as a result of non-European and non-Christian immigration, and of the dynamic of attempts to defend identity, which is exploited for political ends.

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