A/HRC/14/43/Add.2
in accordance with the “Charter for Diversity” supported by all Federal Government
ministries and agencies, specific measures aimed at increasing the number of persons with a
migration background in public life are being implemented. While he is encouraged by
these initiatives, he believes that more comprehensive efforts need to be made, including
through the adoption of legally binding frameworks, in order to ensure an adequate
representation of persons with a migration background in State institutions.
VI. Recommendations of the Special Rapporteur
On the legal and institutional framework
77.
The Special Rapporteur recommends that:
(a)
The concept of racism both in the legislative framework and in practice
be expanded beyond a focus on right-wing extremism and towards a comprehensive
understanding of racism, racial discrimination, xenophobia and related intolerance, in
line with the International Convention on the Elimination of All Forms of Racial
Discrimination;
(b)
The Federal Government work alongside the governments of the Länder
and the municipal administrations in order to ensure that Germany’s international
obligations to fight racism, racial discrimination, xenophobia and related intolerance
are implemented at lower levels of government, where many of the competences to
promote equal treatment truly lie;
(c)
The Federal Anti-Discrimination Agency be provided with the human
and financial resources necessary for it to be present in all 16 Länder. In addition, its
mandate should be made more robust, allowing it to investigate complaints brought to
its attention and to bring proceedings before the courts. Finally, the Agency should be
empowered to conduct proprio motu investigations, including in areas such as
employment and housing discrimination;
(d)
The Government undertake awareness-raising campaigns in order to
inform the public about anti-discrimination legislation and the institutional
framework;
(e)
The National Action Plan against Racism be strengthened through the
involvement of civil society and associations representing migrants. In particular, the
Action Plan should focus on structural discrimination, legislative reforms and the
need to strengthen enforcement of anti-discrimination legislation;
(f)
The Government continue to make use of sections 84 and 85 of the
Criminal Code and Article 4 (b) of the International Convention on the Elimination of
All Forms of Racial Discrimination in order to declare illegal and prohibit
organizations which promote and incite racial discrimination.
On law enforcement and hate crimes
78.
The Special Rapporteur recommends that an explicit reference to racism as an
aggravating circumstance in crimes be added under section 46 of the Criminal Code.
In addition, the Government should develop additional training for police officers,
prosecutors and judges on the identification and characterization of racist hate
crimes, extending the existing training programmes provided by the German Judicial
Academy.
GE.10-11624
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