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84. The Special Rapporteur encourages States that have not done so to
seriously consider developing a comprehensive national plan of action against
racism, racial discrimination, xenophobia and related intolerance, especially in
the global context of a growing rise of xenophobic sentiments in a prolonged
migration crisis. In this regard, he recalls the recommendations made in his
most recent report to the Human Rights Council (A/HRC/32/50) in order to
combat racism and xenophobia.
85. The Special Rapporteur calls upon States, when developing national
action plans against racism, racial discrimination, xenophobia and related
intolerance, to establish a national specialized body as the key implementing
agency. States should note the unique potential of such bodies in combating
racism, xenophobia and other forms of discrimination, and should make every
effort to link their national action plans and their activities with the specialized
body. In this regard, he calls for more coordination between the objectives of
national action plans and the reinforcement of the mandate and resources of
national specialized bodies.
86. The Special Rapporteur also calls upon States, when establishing a
national specialized body against racism and other forms of discrimination, to
distinguish it from the general national human rights institution, but to do so in
compliance with the Paris Principles of independence and impartiality.
Whenever possible, this national specialized body should be mandated to
ensure follow-up of the objectives of the national plan of action and the
development of new plans.
87. In this regard, the Special Rapporteur recalls, as a good example, general
policy recommendation No. 2 of the European Commission against Racism and
Intolerance, on specialized bodies to combat racism, xenophobia, anti-Semitism
and intolerance at the national level, especially chapter C of the appendix
thereto, which states the functions and responsibilities of such bodies, in
particular: to work towards the elimination of the various forms of
discrimination; to monitor the content and effect of legislation with the aim of
combating racism; to advise the legislative and executive authorities with a
view to improving regulations and practice in the relevant fields; to provide
assistance to victims, including legal aid, in order to secure their rights before
institutions and the courts; to hear and consider complaints and petitions
concerning specific cases and to seek settlements; to issue advice on standards
of anti-discriminatory practice in areas of their application; to contribute to
the training of key groups; and to promote the awareness of the general public
on issues of discrimination and to produce and publish pertinent information
and documents. The Special Rapporteur calls upon States to take into account
such provisions when creating national specialized bodies.
88. Finally, the Special Rapporteur recommends that States ensure that
national specialized bodies are given the appropriate mandates and resources,
both human and financial, to be able to carry out their functions to their full
potential, in particular with regard to the challenges reported above.
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