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prohibit organizations and associations that incite discrimination, national,
racial or religious hatred and violence and propagate fascist ideology.
140. The various programmes and activities coordinated at the national level to
combat and prevent the spread of extremism in society are positively received
by the Special Rapporteur. The recently witnessed strong measures taken in
some countries to counter violent right-wing extremist groups posing a threat to
vulnerable groups and national security are good practices that should be
emulated while remaining within the scope of article 4 of the International
Convention on the Elimination of All Forms of Racial Discrimination and
article 20 of the International Covenant on Civil and Political Rights.
141. The Special Rapporteur encourages States to adopt the legislation
necessary to combat racism, while ensuring that the definition of racial
discrimination complies with article 1 of the International Convention on the
Elimination of All Forms of Racial Discrimination. He calls for the
modernization of national anti-racism legislation in the light of the increasingly
open expression of hate speech and incitement to violence against vulnerable
groups. In this regard, he recalls that any legislative or constitutional measures
adopted with a view to countering extremist political parties, movements and
groups, including neo-Nazis and skinhead groups and similar extremist
ideological movements, should be in conformity with the relevant international
human rights standards. He urges States to fully respect and implement their
obligations under article 4 of the International Convention on the Elimination
of All Forms of Racial Discrimination and articles 19 to 22 of the International
Covenant on Civil and Political Rights. It is also important that draft
legislation be carefully reviewed by independent bodies so as to ensure that the
rights of the most vulnerable are not affected, especially with regard to
immigration laws.
142. The Special Rapporteur notes with appreciation that several States have
prescribed in their criminal codes that racist and xenophobic motivation
constitute an aggravating circumstance attracting heavier sanctions against not
only instigators but also followers. In the light of the various reports of cases of
hate speech that remain unpunished and the widespread impunity enjoyed by
perpetrators, the Special Rapporteur wishes to emphasize that it is extremely
dangerous to institutionalize impunity, given that this sends the wrong signal to
perpetrators and weakens the rule of law. He reiterates the recommendation
made in his report to the Human Rights Council (A/HRC/23/24, para. 32) and
calls upon States to fulfil their responsibility of bringing to justice the
perpetrators of crimes with racist, xenophobic, anti-Semitic or homophobic
motivation and to combat impunity. Any failure on the part of a State to fulfil
these obligations represents a threat to the rule of law and democracy.
143. While welcoming the information provided regarding measures taken to
prevent discrimination against members of minorities, people of African
descent, Roma, migrants, refugees and asylum seekers and to ensure their
integration into society, the Special Rapporteur wishes to urge States to ensure
the full and effective implementation of legal, policy and institutional measures
protecting these groups of individuals. The gap between the provisions of the
legal and institutional framework and the challenges faced by these vulnerable
groups, including with regard to racist and xenophobic acts from extremist
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