A/66/313
International Convention on the Elimination of All Forms of Racial
Discrimination.
67. Recognition and strong political will may lead to results if they are also
coupled with an increased vigilance, especially with regard to the rise of certain
manifestations and forms of racism and racial discrimination, including the
phenomenon of extremist political parties, movements and groups, including
neo-Nazis and skinhead groups, as well as similar ideological extremist
movements. The Special Rapporteur recalls that no State is immune from such
phenomena. In this regard he reiterates that political leaders and political
parties must strongly condemn all political messages that disseminate ideas
based on racial superiority or hatred, incitement to racial discrimination or
xenophobia. Respect for human rights and freedoms, democracy and the rule of
law must always be the cornerstone of any programme or activity developed by
political parties, while they bear in mind the need to ensure that the political
and legal systems reflect the multicultural character of their societies at all
levels.
68. The Special Rapporteur encourages States to develop a comprehensive
approach when designing measures to address the negative impact of racism,
racial discrimination, xenophobia and related intolerance on the full enjoyment
of civil, cultural, economic, political and social rights.
69. Furthermore, while developing such a comprehensive approach, States
should take into account the structural dimension of racism, racial
discrimination, xenophobia and related intolerance, including as experienced
by some groups of individuals such as people of African descent, Roma and the
victims of discrimination based on work and descent. Indeed, the root causes of
structural discrimination need to be addressed through a comprehensive
approach that will make it possible to address this phenomenon in all its
dimensions. In this regard, the Special Rapporteur urges States to review and
redesign legislation, policies and programmes that have a disproportionate
effect, including the legislation, policies and programmes that discriminate
indirectly against some specific groups of individuals. He further recommends
the adoption of national strategies and plans of action against racism, focusing
on structural discrimination and the interrelation between racism and the
socio-economic or political exclusion of certain parts of their population.
70. An appropriate legal response is a fundamental pillar of the approach
recommended by the Special Rapporteur in the present report. Any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence should be prohibited by law, as should the dissemination of
ideas based on racial superiority or hatred, incitement to racial discrimination
as well as all acts of violence or incitement to such acts. In this regard, the
Special Rapporteur recommends the enactment of legislation consistent with
international human rights standards, including article 20, paragraph 2, of the
International Covenant on Civil and Political Rights and article 4 of the
International Convention on the Elimination of All Forms of Racial
Discrimination. States are also urged to introduce into their domestic criminal
law a provision according to which committing an offence with racist or
xenophobic motivation or aim constitutes an aggravating circumstance allowing
for heavier sanctions. The Special Rapporteur also calls upon States to fully
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