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134. As a consequence of this scapegoating rhetoric, restrictive and punitive
immigration and asylum policies are emerging in some countries. Such policies
often provide for the detention of undocumented migrants and asylum seekers.
IV. Conclusions and recommendations
135. The Special Rapporteur is grateful to all States for the information
provided on the measures implemented pursuant to General Assembly
resolution 67/154. He also appreciates the contributions received from other
organizations and civil society. He recalls the importance of full cooperation
with his mandate as stipulated in Human Rights Council resolution 16/33.
136. The Special Rapporteur notes that some States referred in their replies to
an increase in their territory of the phenomena identified in General Assembly
resolution 67/154 and to the proliferation of extreme right-wing groups. Others
stressed that no such phenomena existed within their borders. The Special
Rapporteur wishes to emphasize that the human rights and democratic
challenges posed by extremist political parties, movements and groups are
universal and no country is immune from them. He calls upon States to increase
their vigilance and be proactive in strengthening efforts and political will to
recognize and effectively address them.
137. The Special Rapporteur wishes to stress that any commemorative
celebration of the Nazi Waffen SS organization and its crimes against
humanity, whether official or non-official, should be prohibited by States. The
Special Rapporteur wishes to recall paragraph 9 of General Assembly
resolution 67/154, which provides that such manifestations do injustice to the
memory of the countless victims of crimes against humanity committed in the
Second World War, in particular those committed by the SS organization and
by those who fought against the anti-Hitler coalition and collaborated with the
Nazi movement, and negatively influence children and young people, and that
failure by States to effectively address such practices is incompatible with the
obligations of States Members of the United Nations.
138. The Special Rapporteur welcomes the information provided regarding the
ratification of a range of instruments, including the International Convention
on the Elimination of All Forms of Racial Discrimination and its inclusion in
national legal and constitutional frameworks. He urges those States that have
not yet done so to ratify the Convention and make the declaration under its
article 14, thus providing competence to the Committee on the Elimination of
Racial Discrimination to receive and consider communications from individuals
or groups of individuals within its jurisdiction claiming to be victims of a
violation by a State party of any of the rights set forth in this Convention. No
communication can be received by the Committee if it concerns a State party
that has not made such a declaration.
139. Several countries informed the Special Rapporteur that their constitutions
and legislation enshrined the principles of equality and non-discrimination and
prohibited incitement to racial, religious and national hatred. Furthermore, the
Special Rapporteur notes that some countries have adopted legislation
specifically to tackle the challenges posed by extremist political parties,
movements and groups and have elaborated legal or constitutional provisions to
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