A/HRC/32/49
III. Conclusions and recommendations
15.
Given that the situation has not changed in the period that the Special
Rapporteur has reported on the issue, he reiterates the recommendations made in his
previous reports submitted to the Human Rights Council (A/HRC/23/24,
A/HRC/26/50 and A/HRC29/47) and the General Assembly (A/69/334 and A/70/321),
as they remain valid and relevant. They are summarized below, clustered by thematic
area.
16.
The Special Rapporteur requests all States to submit information regarding
measures taken within their respective territories in relation to the provisions set out
in General Assembly resolution 70/139 on combating glorification of Nazism, neoNazism and other practices that contribute to fuelling contemporary forms of racism,
racial discrimination, xenophobia and related intolerance.
A.
Political measures
17.
The Special Rapporteur appreciates the efforts made by States to counter
extremist political parties, movements and groups, including neo-Nazis, skinhead
groups and similar extremist ideological movements. While good practices have been
identified, important challenges remain. The Special Rapporteur is of the view that a
comprehensive approach based on a solid legal framework, complemented by other
measures, including key policy measures such as education and awareness-raising
programmes, and a victim-centred approach should be developed further and
implemented.
18.
States should always bear in mind that preserving and consolidating the values
of democracy are essential to preventing and combating racism, racial discrimination,
xenophobia and related intolerance effectively. Political leaders and parties must
therefore unequivocally condemn all messages disseminating ideas based on racial
superiority or hatred, incitement to racial discrimination or xenophobia. They 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.
B.
Legislative measures
19.
As stated in the outcome document of the Durban Declaration and Programme
of Action, any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence should be prohibited by law, as
should be the dissemination of ideas based on racial superiority or hatred, incitement
to racial discrimination, and all acts of violence or incitement to such acts. In that
regard, the Special Rapporteur calls upon all States to respect the commitments made
in the Durban Declaration and Programme of Action, which is a comprehensive
framework for action against racism, racial discrimination and xenophobia. He also
recommends that States adopt legislation that conforms to international human rights
standards, including the International Convention on the Elimination of All Forms of
Racial Discrimination, paying particular attention to their obligations under article 4
of the Convention. In that connection, States should introduce into domestic criminal
law a provision to the effect that the commission of any offence with racist,
xenophobic, anti-Semitic or homophobic motivations or aims constitutes an
aggravating circumstance attracting heavier sanctions.
20.
The Special Rapporteur reiterates that States have an obligation to prosecute
the perpetrators of crimes with racist, xenophobic or anti-Semitic motivations and to
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