A/68/329 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 22/25 13-43012

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