A/HRC/7/19/Add.3 page 8 18. Chapter II of this report analyses the political and legal strategy adopted by State institutions in Latvia, with a particular focus on the perceptions of State officials concerning the problems related to racism and discrimination in the country. Subsequently, in chapter III, the views of civil society organizations, representatives of minorities and victims of discrimination are introduced. This is followed in chapter IV by an analysis of the situation by the Special Rapporteur and in chapter V his recommendations to the Latvian Government. II. POLITICAL AND LEGAL STRATEGY OF THE PUBLIC AUTHORITIES A. The legal and institutional framework to combat racism and racial discrimination 1. Constitutional and legislative provisions 19. Through an amendment to the Latvian Constitution in 1998, a chapter on fundamental human rights was introduced. The general legal provision of equal treatment is contained in article 91, which asserts that: “All human beings in Latvia shall be equal before the law and the courts” and that: “Human rights shall be realized without discrimination of any kind”. 20. The Constitution also provides for particular protection for minorities under article 114, which asserts that: “Persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity”. 21. Incitement to national or racial hatred is prohibited under section 78 of the Criminal Code and carries a punishment of up to three years of detention. The restriction of rights based on racial or ethnic origin is also considered a criminal act that entails the same sanctions. In October 2006, the Saeima passed an amendment to the Criminal Code whereby racism is considered 1 of 14 aggravating factors in crimes. It is expected that this amendment should more clearly distinguish cases of incitement to racial, religious or ethnic hatred and racially motivated crimes. 22. Rather than taking the approach of passing broad anti-discrimination legislation, Latvia’s policy choice was to include provisions on anti-discrimination throughout its legal framework, such as in the Labour Law. The main mechanism available to redress alleged discrimination is the Office of the Ombudsman, which replaced the Latvian National Human Rights Office with a broader mandate, as well as national courts. 2. Office of the Ombudsman 23. The Office of the Ombudsman, the main mechanism available to redress alleged discrimination, replaced the Latvian National Human Rights Office on 1 January 2007, after the adoption of the Ombudsman Law. This Law entrusts the Ombudsman with an enlarged mandate and more robust resources, including twice as many staff as the National Human Rights Office. 24. The Office of the Ombudsman is responsible for activities such as awareness-raising among the general public concerning human rights; promoting recognition, monitoring and responding to violations of these rights; drafting programmes and coordinating the