A/HRC/7/19/Add.2 page 21 VI. RECOMMENDATIONS 85. State authorities in the executive, legislative and judiciary powers should constantly reaffirm their political will and commitment to fight all forms of racism and discrimination. In particular, they need to be proactive and vigilant concerning the new challenges that arise from growing migration, multiculturalism and the dynamics of identity transformation. It is especially important to firmly condemn any racist or xenophobic action or discourse, including by political parties and the media. 86. Through its close interaction with its neighbours throughout the centuries, Estonia has developed a societal basis of tolerance and multiculturalism that still exists in the heart of its society. State authorities and civil society should build on these plural traditions to strengthen all actions against racism and discrimination and to promote a democratic multiculturalism that will be central to include new minorities into the Estonian society. 87. In what concerns the legal framework to fight racism and discrimination, despite the existence of separate provisions in different legislation, including the general principle of non-discrimination enshrined in the Constitution, the Special Rapporteur recommends that the Government adopt national holistic legislation covering all forms of discrimination in a comprehensive legal act. It is particularly important that this legislation be precise in terms of the punishment and prosecution of racially motivated crimes and incitement to racial hatred. This would complement the relevant legislative basis that already exists in Estonia and, most importantly, ensure that no protection gaps remain. 88. The Special Rapporteur recommends that the Government develop best practices and general guidelines for the prosecution of cases of incitement to racial hatred and racially motivated crimes, developing clear criteria for the threshold of evidence that is required to be presented and for the investigative conduct of law enforcement officials. 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 Articles 151 and 152 of the Estonian Penal Code, Article 20 of ICCPR and Article 4 of ICERD. 89. The Government should further strengthen the capacity of the Chancellor of Justice, including in terms of financial and human resources, to act on allegations of racist crimes and incitement to racial, ethnic or religious hatred. To complement the role of the Chancellor of Justice, the Special Rapporteur recommends that the Government put in place an independent institution entrusted with a mandate to fight discrimination. Rather than duplicating the role of the Chancellor of Justice, this institution would be responsible for linking the fight against discrimination with the active promotion of multiculturalism as the long-term solution to all forms of discrimination. 90. In what concerns the issue of statelessness, the Special Rapporteur recommends that Estonia accede to the 1954 Convention relating to the Status of Stateless Persons as well as the 1961 Convention on the Reduction of Statelessness. Such a decision would strengthen the protection of minorities in Estonia and highlight the Government’s commitment to finding an equitable solution to the problem.

Select target paragraph3