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established by States in cooperation with their civil society for the
implementation of the outcome document of the Conference.
60. Although some States chose not to participate in the Durban Review
Conference, the Special Rapporteur calls on those States to nonetheless publicly
express their support for the outcome document of the Review Conference and
to commit to its implementation in order to fight racism, racial discrimination,
xenophobia and related intolerance.
61. While measures need to be taken by States to fight incitement to racial or
religious hatred, the Special Rapporteur would like to recommend that States
refrain from adopting vague or overly broad restrictions on freedom of
expression which have often led to abuse by the authorities and to the silencing
of dissenting voices, particularly those of individuals and groups in vulnerable
situations, such as minorities. Freedom of expression makes an essential
contribution to the fight against racism and to the right to equality. It
empowers individuals and groups in vulnerable situations to fight for their
rights and allows them to provide a rational response to hate speech often
targeting them.
62. The Special Rapporteur would like to recall that a global agenda at the
national level against racism is the best way to effectively prevent hate speech.
Although legislative measures are necessary, States should also resort to
non-legislative measures, such as education and intercultural dialogue, in order
to fight racism. In this regard, States should closely cooperate with their civil
society in order to design, implement and evaluate the most appropriate and
effective measures against racism.
63. In order to further clarify the existing links between race and poverty, the
Special Rapporteur is of the view that it is necessary to collect ethnically
disaggregated data. While he is fully aware of the arguments against the
collection of such data, the Special Rapporteur recommends to shift from the
debate on the need or not to collect ethnically disaggregated data to a thorough
discussion on how to best collect them in order to comply with international
standards and to avoid the misuse or manipulation of these data.
64. Owing to the potential adverse effects of the current financial and
economic crisis on the efforts to fight racism and xenophobia, the Special
Rapporteur recommends that States take appropriate and effective measures to
prevent an eventual rise of xenophobic feelings, in particular vis-à-vis migrants
who are in vulnerable situations. Special vigilance is indeed required in these
times of economic turmoil and States should ensure that all necessary
legislative and institutional safeguards are put in place in order to prevent a
significant rise of xenophobia in their domestic society.
65. The Special Rapporteur believes that the most effective way to prevent
genocide or massive violence perpetrated against a specific group of individuals
is to ensure, at the national level, respect for human rights, democracy and the
rule of law, with particular attention to the principle of non-discrimination.
The same holds true in post-genocide or post-conflict situations. In this respect,
the Special Rapporteur recommends that Governments take concrete measures
aiming at fostering inter-ethnic cooperation so as to avoid the recurrence of
ethnic conflicts.
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