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comprehensive approach based on a solid legal framework, complemented by
other key measures, including education and awareness-raising programmes,
and victim-centred approaches, which should be further developed. Good
practices such as those mentioned herein should be exchanged on a regular
basis among all actors working in the field.
83. The Special Rapporteur reiterates his call to political leaders and parties
to strongly condemn all messages disseminating ideas based on racial
superiority or hatred, incitement to racial discrimination or xenophobia.
Leaders should be aware of the moral authority that they represent and use it
to promote tolerance and respect and refrain from forming coalitions with
extremist parties of a racist or xenophobic character, taking into account the
need to ensure that political and legal systems reflect the multicultural
character of their societies.
B.
Legislative measures
84. 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 article 14 thereof, thus providing the Committee on the
Elimination of Racial Discrimination with the competence 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.
85. 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 Convention. 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 that regard, he recalls that any legislative or constitutional measures
adopted should be in conformity with the relevant international human rights
standards. He also urges States to implement their obligations under article 4
of the Convention and articles 19 to 22 of the International Covenant on Civil
and Political Rights.
86. 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. While welcoming the information
provided regarding measures taken to prevent discrimination against members
of minority groups, people of African descent, Roma, migrants, refugees and
asylum seekers and to ensure their integration into society, the Special
Rapporteur urges States to ensure the full and effective implementation of
legal, policy and institutional measures protecting those groups of individuals
and recommends that States effectively guarantee to members of those groups,
without discrimination of any kind, the rights 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 responsible for racist
crimes against them, including the right to seek reparation for damages
suffered as a result of such crimes.
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