A/HRC/35/41/Add.1
On the administration of justice
108. The Special Rapporteur recommends that the Government establish a
multicultural approach to the administration of justice at the federal and provincial
levels. This requires the establishment of specialized courts to deal with indigenous
issues, the training of specialized judicial professionals and the integration of minority
groups in the judicial system. It also entails providing interpreters, translators and
free legal counsel through judicial processes.
109. The Special Rapporteur calls on the Supreme Court to play its role in setting
jurisprudence in cases presenting evidence of discrimination as a cause of denial of
rights.
110. The Special Rapporteur urges the Government to take immediate measures to
investigate the many cases of repression against minority rights defenders and their
persecution by federal and local authorities. The fight against impunity should be
proactive, and specialized investigation protocols and resources should be dedicated to
violent crimes against historically discriminated groups, especially indigenous peoples.
111. The Special Rapporteur recommends that the Government undertake
measures to put an end to racial profiling, strengthen the legal framework, including a
specific prohibition of racial profiling, and establish clear criteria for law enforcement
agents for initiating and conducting stops and identity checks.
112. While the Special Rapporteur recommends that the Government ensure
adequate resources for human rights and non-discrimination training with a practical
dimension for law enforcement agents, he recalls that addressing the problems of
racial profiling also requires awareness-raising to inform individuals of their rights
and particularly those groups likely to be profiled. Ethnic and cultural diversity
within the security forces is also essential. More measures to improve policecommunity relations and build trust should also be implemented.
113. Ethnically disaggregated data on the use of stops and identity checks by law
enforcement agents, including police forces, should also be collected. In that regard
the Special Rapporteur encourages the Government to promote the implementation of
good practices, such as the use of registration forms for the police to record all
identity checks. Such forms could provide the victims of racial profiling with a record
of their encounter with the police that could be used as a proof when seeking remedy.
On hate speech and xenophobic discourse
114. The Special Rapporteur acknowledges the good practice of establishing the
Media Ombudsperson and encourages the media to work with the Ombudsperson and
develop, in consultation with civil society, voluntary ethical codes of conduct and selfregulatory measures, policies and practices to combating racism.
115. The Special Rapporteur takes note with utmost gravity of the expression of
xenophobic and stigmatizing discourse by public officials and politicians. He is of the
view that xenophobic hate speech should be immediately sanctioned as this type of
discourse is detrimental to fostering a culture of inclusion. He urges the State to
sensitize its officials with regard to their responsibility in shaping public opinion and
therefore refrain from propagating inaccurate, stigmatizing ideas about certain
groups in society; and further encourages public figures to use their platforms to
foster a culture of mutual understanding and tolerance and provide a positive
narrative on the contribution of historical marginalized groups.
116. The media has an important role to play in promoting multicultural diversity,
and the influence they have in shaping opinions and attitudes on ethnic groups should
be used to promote tolerance and respect for diversity. The Special Rapporteur
encourages the Government to ensure diversity of voices in the media through
incentives and support to community media providing visibility and voice to victims of
racism.
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