A/HRC/7/19/Add.3
page 21
V. RECOMMENDATIONS OF THE SPECIAL RAPPORTEUR
81. State authorities in the executive, legislative and judiciary branches should highlight
their strong political will and commitment to fighting all forms of racism and
discrimination in Latvian society and their vigilance as to the new challenges that arise
from growing migration, multiculturalism and identity changes. It is especially important
to firmly condemn any racist or xenophobic action or discourse, including by political
parties and the media.
82. Latvia has a strong heritage of tolerance and multiculturalism that originated in its
strategic position of the trade route in the Middle Ages, bringing many different ethnic
groups together. State authorities and civil society should build on these pluralistic
traditions to strengthen all actions against racism and discrimination and to promote a
democratic multiculturalism that will be central to including new minorities in Latvian
society.
83. Insofar as Latvia’s legal framework is concerned, to fight racism and discrimination,
despite the existence of separate provisions in various different laws, the Special
Rapporteur recommends that the Government adopt comprehensive national legislation
dealing with all forms of discrimination in a readily identifiable legal act. This would
complement the relevant legislative basis that already exists in Latvia and, most
importantly, ensure that no protection gaps remain.
84. In order to deter and punish hate crimes, particularly racially, ethnically and
religiously motivated crimes, the Government should also adopt complementary legislation
that unambiguously specifies criminal liability for all types of hate crimes, building on the
recent amendment to the Criminal Code that considers racism an aggravating
circumstance. However, apart from legislative changes, training programmes for law
enforcement agencies and prosecutors to improve the implementation of this legislation are
required, including the drafting of clear guidelines for the investigation and prosecution of
hate crimes. Additionally, the Government should systematically collect data on hate
crimes and make them publicly available, allowing for monitoring by civil society and
international instruments.
85. The Government should develop best practices and general guidelines for the
prosecution of cases of incitement to racial hatred, developing clear criteria for the
threshold of evidence that is required to be presented and for the investigative conduct of
law enforcement bodies. Whilst developing these guidelines, the Government should bear
in mind the need for the prohibition of incitement to racial, religious or ethnic hatred
established by section 78 of the Criminal Code, article 20 of the International Covenant on
Civil and Political Rights and article 4 of the International Convention on the Elimination
of All Forms of Discrimination.
86. The Government should also strengthen the capacity of the Office of the Ombudsman
to thoroughly investigate and act on allegations of racist crimes and incitement to racial,
ethnic or religious hatred. In particular, the anti-discrimination unit of the Office, which
currently employs four officials, should be significantly strengthened and enlarged.