A/HRC/7/19/Add.4 page 21 fight all forms of discrimination. In this regard, it offers an important degree of protection to potential victims of racism and discrimination, as well as providing opportunities for them to redress violations in different realms. The Law on National Minorities is also an important legal tool and a progressive instrument due to its formal recognition of the cultural autonomy of minority communities as well as its explicit embrace of multiculturalism, rather than assimilation, as the official State policy regarding integration. 75. Alongside its overarching legislation, Lithuania has managed to establish institutions that are well placed to provide effective remedies to racism and discrimination. The Special Rapporteur was particularly impressed by the quality of the work performed by the Ombudspersons on Equal Opportunities and Children’s Rights in attempting to correct and prevent violations of the Law on Equal Treatment. He also recognizes the awareness and vigilance of the Office of the Prosecutor General concerning new challenges that are emerging in the fight against racism in Lithuania, particularly regarding new migrants, and its proactive policy to initiate investigations of racist crimes and incitement to racial and religious hatred. 76. Apart from institutions operating on the legal realm, the Special Rapporteur was also encouraged by the work of other government bodies that focus on social and cultural policies towards vulnerable groups. In particular, he wants to highlight the central role played by the Department of National Minorities and its director to protect and promote the cultural traditions of national minorities. Despite the limited amount of funding, it has managed to develop creative and innovative policies to address the needs of minorities and promote multiculturalism, being clearly recognized by minority communities as a legitimate interlocutor. The Ministries of Education and Culture, in the Special Rapporteur’s view, also show a positive and creative contribution to the promotion of multiculturalism. It is especially relevant to highlight the Ministry of Culture’s activities in the realm of Vilnius’s selection as the European “Capital of Culture” in 2009, when a number of events to illustrate Lithuania’s diversity will be organized. 77. However, despite the existence of a progressive legal and institutional framework, there are still a few protection gaps that need to be corrected through the adoption of complementary legislation or amendments. In particular, a number of civil society interlocutors have pointed out that various cases of racist aggressions tend to be viewed by law enforcement agencies as acts of hooliganism or vandalism, thus disqualifying the racial motivation. This worrisome tendency to equate racial attacks with hooliganism was also noted by the Special Rapporteur in his meetings with a few State authorities, including the President of the Supreme Court. In order to correct this legal gap, and in line with recommendations made by other international bodies, it is important for Lithuania to amend its criminal code in order to recognize racism as an aggravating circumstance in racist crimes. Such a measure would help law enforcement agencies bring perpetrators to justice and act as an important legal deterrent for future aggressions. 78. A second frequently mentioned problem with the existing legal framework regards the full application of its provisions. Human rights NGOs and representatives of minorities pointed out cases where existing laws have not been fully applied or enforced. The most common example that was mentioned concerned instances that would characterize as incitement to racial hatred. Despite a clear constitutional prohibition of incitement to racial hatred, in practice very few cases have been brought to justice or they led to light punishment, often an administrative fine. The challenges in effectively prosecuting cases of hate speech, in particular the issues of intent and burden of proof as well as the question of the balance between freedom of expression and the full