A/HRC/23/24
democracy. Greater vigilance from States and all relevant actors is therefore required.
In this regard, the Special Rapporteur is of the view that a comprehensive approach
based on a solid legal framework complemented by other measures should be
developed and implemented in an effective, inclusive and cooperative manner with the
involvement of relevant actors. Particular attention should be paid to victims; good
practices should also be exchanged on a regular basis among all actors working in this
field. To this end, the Special Rapporteur makes the specific recommendations below.
31.
As stated in the outcome document of the Durban Review Conference, 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 this regard,
the Special Rapporteur calls upon all States to respect the commitments made in the
Durban documents. He calls upon States parties to the International Convention on
the Elimination of All Forms of Racial Discrimination to comply fully with their
obligations as enshrined in article 4 of the Convention. In this connection, it is crucial
to introduce into domestic criminal law a provision to the effect that the commission
of an offence with racist, xenophobic, anti-Semitic or homophobic motivation or aim
constitutes an aggravating circumstance attracting heavier sanctions.
32.
The Special Rapporteur recalls that States have the responsibility of bringing
to justice the perpetrators of crimes with racist, xenophobic, anti-Semitic or
homophobic motivation and to fight against impunity. Indeed, as stated in paragraph
81 of the Durban Declaration, any form of impunity for crimes motivated by racist
and xenophobic attitudes plays a role in weakening the rule of law and democracy and
tends to encourage the recurrence of such acts. States should therefore ensure prompt,
thorough and impartial investigation into these crimes, and that those responsible are
adequately sanctioned.
33.
The Special Rapporteur reiterates his recommendation that States should
collect disaggregated data and statistics on racist, xenophobic, anti-Semitic and
homophobic crimes in order to identify the types of offences committed, the
characteristics of the victims and of the perpetrators, whether they are affiliated with
an extremist political party, movement or group. Such disaggregated data would
allow for a clear and concise assessment of the phenomenon and of the effectiveness of
measures taken to address these crimes. Adequate financial, human and technical
resources should be provided to improve the quality of data-collection systems where
they already exist, while ensuring that civil society is involved in this process and that
it is undertaken in such a way as to guarantee the protection of privacy.
34.
The Special Rapporteur also recommends that the capacity of law enforcement
officials and members of the judiciary be strengthened further to address crimes
motivated by racist, xenophobic, anti-Semitic or homophobic biases. Complete and
mandatory human rights training, including training with a specific focus on racist
and xenophobic crimes perpetrated by individuals linked to extremist political parties,
groups and movements should be available to public officials. Law enforcement agents
should also be provided with the necessary guidelines and procedures to be able to
identify, investigate and register such crimes. States should also ensure that law
enforcement agents further engage with vulnerable groups who are particularly at
risk of racist, xenophobic, anti-Semitic or homophobic crimes in order to reduce their
fears and concerns, restore confidence in the application of the rule of law and report
such crimes adequately.
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