A/HRC/29/47
groups and similar extremist ideological movements. While good practices have been
identified, important challenges remain, such as the rise in extremist political parties,
movements and groups, including neo-Nazis, skinhead groups and similar extremist
ideological movements, which continue to pose major human rights and democratic
challenges. Greater vigilance from all States and relevant actors is therefore required.
In that regard, the Special Rapporteur is of the view that a comprehensive approach
based on a solid legal framework, complemented by other measures including key
policy measures such as education and awareness-raising programmes, and a victimcentred approach, should be further developed and implemented. Good practices such
as those mentioned in the present report should also be exchanged on a regular basis
among all actors working in the field. To that end, the Special Rapporteur makes the
following specific recommendations.
44.
As long as extremist political parties, movements and groups continue to exist
legally or illegally, they will remain a major challenge to democracy. In that regard,
States should always bear in mind that preserving and consolidating the values of
democracy are essential to preventing and combating racism, racial discrimination,
xenophobia and related intolerance effectively. Political leaders and parties must
therefore strongly condemn all messages disseminating ideas based on racial
superiority or hatred, incitement to racial discrimination or xenophobia. They should
be aware of the moral authority they bear, promote tolerance and respect, and refrain
from forming coalitions with extremist parties of a racist or xenophobic character.
Respect for human rights and freedoms, democracy and the rule of law should always
be the cornerstone of all their programmes and activities, bearing in mind the need to
ensure that political and legal systems reflect the multicultural character of their
societies.
Legislative measures
45.
As stated in paragraph 13 of the outcome document of the Durban Declaration
and Programme of Action, any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence should be prohibited by
law, as should be the dissemination of ideas based on racial superiority or hatred,
incitement to racial discrimination as well as all acts of violence or incitement to such
acts. In that regard, the Special Rapporteur calls upon all States to respect the
commitments made in the Durban Declaration and Programme of Action, which is a
comprehensive framework for action against racism, racial discrimination and
xenophobia. He also recommends that States adopt legislation that conforms to
international human rights standards, including the International Convention on the
Elimination of All Forms of Racial Discrimination, paying particular attention to their
obligations under article 4 of the Convention. In that connection, in order to prevent
and address in an effective manner the commission of racist or xenophobic crimes by
individuals and groups of individuals closely linked to extremist political parties,
movements and groups, States should introduce into domestic criminal law a
provision to the effect that the commission of an offence with racist, xenophobic, antiSemitic or homophobic motivation or aim constitutes an aggravating circumstance
attracting heavier sanctions.
46.
The Special Rapporteur reiterates that States have the obligation to prosecute
the perpetrators of crimes with racist, xenophobic, anti-Semitic or homophobic
motivations and to fight against impunity. States should ensure prompt, thorough and
impartial investigation into those crimes, and that those responsible are adequately
sanctioned.
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