E/CN.4/1995/78 page 22 8. Representing the territories vis-à-vis the national Government and other entities of which they form part; and 9. Discharging the functions provided by the Constitution and the law. The exploitation of natural resources in the indigenous territories shall not be to the detriment of the cultural, social and economic integrity of the indigenous communities. The Government shall encourage representatives of the communities concerned to participate in the adoption of decisions regarding such exploitation." 96. Article 246 of the Constitution, for its part, grants the indigenous communities jurisdictional capacity: "The authorities of the indigenous peoples may exercise jurisdictional functions in their territory in accordance with their own rules and procedures, provided that they are not contrary to the Constitution and the laws of the Republic. The law shall establish how this special jurisdiction must be coordinated with the national judicial system." 97. Article 171 of the Constitution provides for the establishment of a special constituency for the election of two senators by the indigenous communities. The persons elected must have exercised traditional authority in their respective community. E. France 98. France has a variety of laws and regulations for the punishment of crimes and offences inspired by racism. These measures are designed, in particular, to punish acts of violence deriving from racism and xenophobia, the production and dissemination of racist propaganda material, and incitement to racism and xenophobia. They also punish refusal to provide goods or services, hinderance of the normal exercise of economic activity, refusal to take a person into employment or the fact of penalizing or dismissing him, or the fact of basing the supply of goods or services or an offer of employment on religious, ethnic, national or religious discrimination. 99. By way of example, the Rapporteur would like to mention below a number of important provisions of this legislation whose innovative aspects may inspire other States. 100. Article 225-18 of the new French Penal Code, which entered into force on 1 March 1994, imposes imprisonment or a fine for the violation or desecration of tombs, graves or monuments and an attack on the integrity of corpses, when such offences have been committed for racist reasons. This measure provides a means of combating the desecrations of Jewish graves and monuments which occurred in great numbers in France between 1992 and 1993. 101. Article 24 (5) of the Freedom of the Press Act of 29 July 1881, as amended, punishes provocation to racial discrimination, hatred or violence, while article 24 bis of the same Act punishes those who, by written, oral or visual means, contest the existence of one or more crimes against humanity.