A/70/321
wishes to reiterate that these remain valid and current. They are presented
again below.
Legislative measures
76. 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 the inclusion of
the Convention 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 the Convention (A/69/334, para. 77).
77. The Special Rapporteur is pleased to note 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 prohibit organizations and associations that incite
national, racial or religious hatred and violence and propagate fascist ideology
(ibid., para. 78).
78. 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 updating 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 also urges States to 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 (ibid., para. 80).
79. 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 (ibid., para. 81). 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 (ibid., para. 82).
80. The Special Rapporteur recommends that States effectively guarantee to
these groups, without discrimination of any kind, the right to security and
access to justice, adequate reparation, legal aid and appropriate information
about their rights, as well as the prosecution and adequate sanction of those
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