A/HRC/26/50
pose major human rights and democratic challenges, especially regarding vulnerable
groups and individual victims of racist and xenophobic crimes. In that regard, the
Special Rapporteur is of the view that a comprehensive approach based on a solid
legal framework also includes key policy measures including education and
awareness-raising programmes which should be further developed and implemented.
50.
As long as extremist political parties, movements and groups continue to exist,
legally or illegally, they will remain a major challenge to democracy. In that regard,
States should always bear in mind that preserving and consolidating the values of
democracy is essential to effectively preventing and combating racism, racial
discrimination, xenophobia and related intolerance. Political leaders and parties must
therefore strongly condemn all messages disseminating ideas based on racial
superiority or hatred, incitement to racial discrimination or xenophobia. Political
leaders and parties should be aware of the moral authority they bear, promote
tolerance and respect, and refrain from forming coalitions with extremist parties of a
racist or xenophobic character. Respect for human rights and freedoms, democracy
and the rule of law should always be the cornerstone of all their programmes and
activities, bearing in mind the need to ensure that political and legal systems reflect
the multicultural character of their societies. Political leaders and parties are
therefore urged to promote diversity and multiculturalism, as well as tolerance,
mutual understanding and respect.
51.
The Special Rapporteur recommends that States adopt legislation that
conforms to international human rights standards. He emphasizes that the
International Convention on the Elimination of All Forms of Racial Discrimination,
the Durban Declaration and Programme of Action, the outcome document of the
Durban Review Conference and the Rabat Plan of Action constitute major
comprehensive frameworks for action against racism, racial discrimination and
xenophobia. He recalls that any advocacy of national, racial or religious hatred which
constitutes incitement to discrimination, hostility or violence should be prohibited by
law, as should 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 that regard, the Special Rapporteur calls upon all States parties to the
International Convention on the Elimination of All Forms of Racial Discrimination to
comply fully with their obligations enshrined in article 4 of the Convention.
52.
In order to prevent and address in an effective manner the perpetration of
racist or xenophobic crimes by individuals and groups of individuals closely linked to
extremist political parties, movements and groups, States should also introduce into
their criminal legislation provisions indicating that the commission of an offence with
a racist, xenophobic, anti-Semitic or homophobic motivation or aim constitutes an
aggravating circumstance resulting in heavier sanctions.
53.
The Special Rapporteur urges States to ensure that victims of crimes motivated
by racism or xenophobia have full access to effective legal remedies, including the
right to seek just and adequate reparation for any damage suffered as a result of such
crimes. The Special Rapporteur also recommends that States ensure that victims of
racist or xenophobic crimes are provided with the necessary legal, medical and
psychological assistance and are made aware of their rights and of existing judicial
and non-judicial remedies. States should further engage with vulnerable groups or
minorities who are at particular risk of racist or xenophobic crimes, reduce their fear,
restore confidence in law enforcement officers and allow for better reporting of such
crimes.
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