A/72/291
stressed that indigenous women are particularly vulnerable to poverty, extreme
poverty, discrimination, invisibility and exploitation.
19. The Government recognizes that historical racism is a deeply rooted
phenomenon in Guatemalan society. In order to address the phenomenon, the
development of the indigenous peoples of the country is required. In that regard, the
Government refers to the study entitled “Diagnostic of racism in Guatemala”,
conducted in 2006, in which the conclusion was drawn that structural racism
particularly affected indigenous persons.
20. Although the Government has no specific information to report on the
situation of glorification of Nazism or neo-Nazism in the country, it refers to a
number of measures implemented in order to combat racism and racial
discrimination.
21. The Government has outlined the numerous institutions that play a role in the
promotion of the rights of indigenous peoples, indigenous women and persons with
disabilities. It referred to the policies currently being implemented, in particular the
public policy for coexistence and the elimination of racism and racial
discrimination; the national policy for the promotion of the integral development of
women; the agenda for Mayan, Garifuna and Xinka women; and the national policy
for persons with disabilities.
22. The Government noted that it has amended its criminal legislation and
introduced as offences acts of discrimination, including discrimination on the basis
of gender, ethnicity, race and disability status. The Government also referred to the
actions implemented on the margins of the International Decade for People of
African Descent.
D.
Italy
23. The Government has reported that it accepted 176 of the 186 recommendations
that were made in the context of the second cycle of the universal periodic review
process of the Human Rights Council and has taken note of the remaining 10. The
Government underlined the fact that all recommendations concerning the principle
of non-discrimination had been accepted and that Italy was “strongly committed” to
their “full implementation at the national and local levels”.
24. The Government indicated that, as part of that commitment, the country’s
legislative framework had evolved. It has reported that offences such as defamation
and menace now constitute aggravating circumstances, if deemed to be
discriminatory or based on ethnic, national, racial or religious hatred. The
Government highlighted that this means that the offender would face ex officio
prosecution, a higher sanction and the nullification of applicable mitigating
circumstances. On 16 June 2016, Italy amended article 3 of Act No. 654/1975, in
compliance with articles 6, 7 and 8 of the Rome Statute of the International
Criminal Court to include definitions of international crimes and the prohibition of
denials of the Holocaust. Article 112 of the Constitution provides that public
prosecutors are obliged to investigate any alleged discriminatory motive associated
with a crime regardless of the findings of the police report. The Government has
specified that, under articles 516-518 of the Code of Criminal Procedure, the court
can admit additional evidence, should new elements emerge. In Italy, victims of
discrimination may thus resort to criminal procedures, administrative court
procedures and civil procedures.
25. The Government also made reference to the actions it had undertaken to
address discrimination. The Observatory for Security against Discriminatory Acts
17-13411
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