A/HRC/23/24
the legislative, policy and institutional measures taken by States in different sectors that
could be replicated in and adapted to local context. Such governmental measures have also
been complemented by encouraging initiatives developed by civil society organizations.
19.
The Special Rapporteur notes that a growing number of States include in their
Constitution and laws prohibitions against racial discrimination and xenophobia.
Furthermore, a growing number of States have incorporated the International Convention
on the Elimination of All Forms of Racial Discrimination into their domestic law, and have
recognized the competence of the Committee on the Elimination of Racial Discrimination
to receive and consider communications from individuals or groups of individuals claiming
to be victims of a violation by the State of any of the rights set forth in the Convention.
20.
Furthermore, a growing number of States have enacted either specific laws with, or
included in their general Criminal Code, provisions on aggravating circumstance for
offences committed on the grounds of persecution or hatred based on race, religion or
nationality, or for the purpose of completely or partially annihilating a national, ethnic,
racial or religious group or individual. The Special Rapporteur welcomes such legislative
developments at the domestic level.
21.
Similarly, a number of States have included provisions in their migration and
refugee laws that reaffirm the principle of non-discrimination and mandate the specific
institutions in charge of issues relating to migrants and refugees to take all measures
necessary to prevent discrimination against these vulnerable groups.
22.
In some cases, such legislative developments have also been accompanied by the
establishment of specific institutions, such as a national human rights institution or
ombudsperson, in accordance with the Paris Principles, to receive and consider
communications referred to in the International Convention on the Elimination of All
Forms of Racial Discrimination. Such institutions are sometimes also empowered to receive
complaints and investigate cases of racism, racial discrimination, xenophobia and related
intolerance. The Special Rapporteur welcomes these developments and recommends that
such specialized institutions also monitor and raise awareness about the challenges posed
by extremist political parties, movements and groups, and provide advice on measures to
counter them. States should ensure that such institutions have a robust mandate and
adequate resources to discharge it.
23.
The Special Rapporteur was also informed about and welcomes the establishment of
specific units or offices mandated to combat discrimination and xenophobia and responsible
for issues relating to discrimination, racism and xenophobia, which provide liaison with the
police, the judiciary and governmental and non-governmental organizations. These specific
units sometime register criminal offences with a racist or xenophobic motive and also
regularly monitor websites, web chat rooms and other forums associated or linked with
violent extreme right-wing groups.
24.
The Special Rapporteur also welcomes measures taken by States with regard to the
training of their officials, in particular law enforcement agents. He was informed of
programmes that include human rights training sessions developed for the police, the
judiciary and the Public Prosecutor’s Office. The Special Rapporteur also noted with
interest that some countries had developed specific statistics collection systems that
disaggregate data on hate crimes, including hate crimes committed against individuals on
the grounds of race, colour, ethnicity, origin or minority status, citizenship, language,
religion, disability, sexual orientation, gender or transgender. The Special Rapporteur also
noted that, in the absence of official data in some States, non-governmental organizations
play a key role by collecting statistical data on hate crimes. He welcomes these initiatives,
which allow the prevalence of such crimes and the impact of legislation on racist and
xenophobic crimes to be assessed.
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