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.

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