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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
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