A/HRC/50/61 through such actions as displays of racist symbols or the distribution of materials in addition to words. 77. Member States must take urgent action to ensure that racist expressions violating the standards set out in the Convention are made punishable by law. The Committee on the Elimination of Racial Discrimination has recommended that the criminalization of forms of racist expression be reserved for serious cases, to be proven beyond reasonable doubt; that the application of criminal sanctions be governed by the principles of legality, proportionality and necessity; and that less serious cases be dealt with using non-criminal sanctions. 78. The Special Rapporteur also recalls that in 2001, participants in the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance adopted the Durban Declaration, in which they condemned, in paragraph 84, the persistence and resurgence of neo-Nazism, neo-Fascism and violent nationalist ideologies based on racial or national prejudice. In paragraph 85 of the Declaration, they condemned political platforms and organizations based on, among other things, doctrines of racial superiority and related discrimination, as well as legislation and practices based on racism, racial discrimination, xenophobia and related intolerance, stating that they were incompatible with democracy and transparent and accountable governance. The participants also reaffirmed, in paragraph 94 of the Declaration, that the stigmatization of people of different origins by acts or omissions of public authorities, institutions, the media, political parties or national or local organizations was not only an act of racial discrimination but could also incite the recurrence of such acts, thereby resulting in the creation of a vicious circle that reinforced racist attitudes and prejudices and required universal condemnation. V. Conclusions and recommendations 79. The Special Rapporteur urges States to comply fully with their obligations as enshrined in article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, and reiterates her encouragement to those States that have entered reservations to article 4 of the Convention to withdraw those reservations and commit to the obligation to tackle hate speech and incitement to violence. 80. The Special Rapporteur recommends that States Members of the United Nations draw upon relevant guidance, including general recommendation No. 35 (2013) of the Committee on the Elimination of Racial Discrimination and the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, to effectively balance the regulation of hate speech and the right of freedom of expression within relevant legislative and policy frameworks. 81. The Special Rapporteur also urges States to take concrete actions to ensure the full and effective implementation and dissemination of the Durban Declaration and Programme of Action. 82. She reiterates her recommendation that Member States should implement the concrete recommendations that other United Nations bodies, especially the Committee on the Elimination of Racial Discrimination, have made pertaining to combating racist and xenophobic expression. 83. The Special Rapporteur would like to stress the importance of collecting, analysing and disseminating reliable disaggregated data and statistics on racist and xenophobic crimes. The collection of data on the ideological affiliations of perpetrators, as well as the identity of victims, in cases involving suspected or alleged hate crimes is vital for understanding the prevalence of hate incidents and for designing measures to combat them. Data are also vital for monitoring racist crimes and assessing the impacts of measures taken to address such crimes. A lack of consistent and reliable reporting on antisemitic violence and other hate incidents is a widespread issue, and official statistics are often much lower than those reported by non-governmental organizations, which allow direct reporting on the Internet. The discrepancy between official data and unreported incidents reveals the need for more comprehensive, accessible, safe and 14

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