A/HRC/23/56/Add.2
the continuing challenges and emerging problems related to the economic problems in
the country. Spain has a strong legal framework against discrimination, important
policies to combat racism and credible institutions in the fight against racism. It is
crucial that Spain make the agenda of combating racism, racial discrimination,
xenophobia and related intolerance a priority. In particular, there is a need for a clear
and more visible political leadership in combating racism and xenophobia. The
struggle against racism cannot be effective unless it is led by the most senior political
leadership. The technical processes in various ministries and independent agencies are
not sufficient in the absence of such political leadership.
58.
While the economic crisis has put pressure on the Government and severely
affected Spanish society, it should not become the reason for rolling back progress in
the fight against racism and xenophobia. Indeed, there is already an ongoing dynamic
that the Government should seriously take into consideration in order to avoid a
deterioration of the situation with regard to racism in Spain. Besides the loss of
financial support to groups working on the issues of racism and xenophobia, the
situation has also led to incidents of scapegoating of some vulnerable groups such as
the Roma and migrants, seen as the cause of the economic hardship. As events
elsewhere have demonstrated, blaming vulnerable groups for the economic crisis can
create a climate of racial hostility and violence against such groups.
59.
It is of utmost importance that budgetary cuts do not affect disproportionately
policies to combat racism and promote integration and social cohesion.
On the legal framework
60.
The Special Rapporteur recommends that the Constitution explicitly guarantee
to non-citizens the right to equality before the law. He also recommends improving the
anti-discrimination legislation through the adoption of comprehensive legislation on
racism, racial discrimination, xenophobia and related intolerance. In this regard, he
encourages the Government to use the draft presented by the previous legislature as a
basis, while maintaining the positive aspects it offers and improving its shortcomings,
if any. He recommends the wide and effective consultation and participation of all
actors, including local and regional authorities, civil society, NGOs and the victims of
racism such as the Roma population, as well as the Office of the High Commissioner
for Human Rights and other United Nations entities. The Special Rapporteur also
recommends that the Government effectively implement the existing anti-racism laws.
Adequate financial, technical and human resources should be provided while ensuring
that implementation is in conformity with international human rights standards.
Furthermore, measures to raise awareness about the anti-discrimination legal
framework, including among the judiciary and law enforcement officials, should be
strengthened. More training on human rights and racial discrimination should be
provided, while ensuring that training is regular and compulsory.
61.
The Special Rapporteur recommends that Spain provide more clarity and
coherence in reforming the Penal Code, while ensuring that it is done in line with
international human rights standards. He recommends, inter alia, that Spain ensure
that racial motivations are harmonized throughout the Penal Code in conformity with
article 1 of the International Convention on the Elimination of All Forms of Racial
Discrimination, and ensure a better implementation including of the provisions
relating to racial motivation as an aggravating circumstance.
62.
While commending efforts made to ensure a better recording of racist
incidents, the Special Rapporteur recommends that data and statistics on racist
crimes be registered and published at the national and regional levels. He encourages
the Government to ensure the effective implementation of the commitment made in
15