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89. The Special Rapporteur recommends that Member States draw on relevant
guidance, including general recommendation No. 35 of the Committee on the
Elimination of Racial Discrimination and the Rabat Plan of Action on the
prohibition of advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence, to effectively balance the
regulation of hate speech and the right of freedom of expression within relevant
legislative and policy frameworks.
90. The Special Rapporteur also urges States to take concrete actions to ensure
the full and effective implementation and dissemination of the Durban
Declaration and Programme of Action.
91. She reiterates her recommendation that Member States should implement
the concrete recommendations that other United Nations bodies, especially the
Committee on the Elimination of Racial Discrimination, have made pertaining
to combating racist and xenophobic expression.
92. The Special Rapporteur would like to stress the importance of reliable
disaggregated data and statistics on racist and xenophobic crimes. The collection
of data regarding the ideological affiliations of perpetrators, as well as the
identity of victims, in cases involving suspected or alleged hate crimes is vital for
understanding the prevalence of hate incidents and for designing measures to
combat them. Data are also vital for monitoring racist crimes and assessing the
impacts of measures taken to address such crimes. A lack of consistent and
reliable reporting on antisemitic violence and other hate incidents is a
widespread issue, and official statistics are often much lower than those reported
by non-governmental organizations, which allow direct reporting on the
Internet. The discrepancy between official data and unreported incidents reveals
the need for more comprehensive, accessible, safe and dependable networks for
reporting antisemitic violence. Civil society must continue and strengthen its role
in collecting data and working with victims, who may not feel safe reporting
incidents to authorities.
93. The Special Rapporteur highlights the need to develop and implement
effective, inclusive and comprehensive frameworks complemented by other
means to combat racism. In this regard, collaboration with civil society and
international, regional and national human rights mechanisms can reinforce the
efforts to counter antisemitism and extremist movements and groups, including
neo-Nazis. In particular, civil society can play a vital role in collecting
information on racist crimes, working with victims and raising awareness. The
Special Rapporteur encourages robust coordination between governmental
structures and civil society entities to amplify efforts to develop and implement
relevant legislation and policies.
94. The Special Rapporteur calls upon Member States to suspend the adoption
and promotion of the International Holocaust Remembrance Alliance working
definition of antisemitism and the examples attached to it. In this context, she
reminds States that the urgency of combating antisemitism has been a cause that
she has consistently championed during her tenure in both thematic and country
reports.
95. She urges the United Nations system and Member States urgently to launch
an open and inclusive process to identify an enhanced response to antisemitism
at and by the United Nations consistently rooted in and supportive of human
rights. This process should consider multiple instruments relevant to fighting
antisemitism and involve, among others, the communities affected, experts and
relevant stakeholders excluded to date, as well as United Nations special
procedures mandate holders. She stresses that the elimination of the scourge of
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