A/71/325
A.
Legislative measures
71. The Special Rapporteur welcomes the information provided regarding the
ratification of a range of instruments, including the International Convention
on the Elimination of All Forms of Racial Discrimination, and the inclusion of
the Convention in national legal and constitutional frameworks. He urges those
States that have not yet done so to ratify the Convention and to make the
declaration under its article 14, thus providing the Committee on the
Elimination of Racial Discrimination with the power to receive and consider
communications from individuals or groups of individuals within its
jurisdiction claiming to be victims of a violation by a State party of any of the
rights set forth in the Convention.
72. The Special Rapporteur encourages States to adopt the legislation
necessary to combat racism, while ensuring that the definition of racial
discrimination complies with article 1 of the International Convention on th e
Elimination of All Forms of Racial Discrimination. He calls for the updating of
national anti-racism legislation in the light of the increasingly open expression
of hate speech and incitement to violence against vulnerable groups. In this
regard, he recalls that any legislative or constitutional measures adopted with a
view to countering extremist political parties, movements and groups, including
neo-Nazis and skinhead groups and similar extremist ideological movements,
should be in conformity with relevant international human rights standards.
He also urges States to implement their obligations under article 4 of the
International Convention on the Elimination of All Forms of Racial
Discrimination and articles 19 to 22 of the International Covenant on Civil and
Political Rights.
73. The Special Rapporteur notes with appreciation that several States have
prescribed in their criminal codes that racist and xenophobic motivation
constitutes an aggravating circumstance, calling for heavier sanctions, not only
against instigators but also their followers. While welcoming the information
provided regarding measures taken to prevent discrimination against members
of minorities, people of African descent, Roma, migrants, refugees and asylum
seekers and to ensure their integration into society, the Special Rapporteur
urges States to ensure the full and effective implementation of legal, policy and
institutional measures protecting these groups of individuals and recommends
that States effectively guarantee to these groups, without discrimination of any
kind, the right to security and access to justice, adequate reparation, legal aid
and appropriate information about their rights, as well as the prosecution and
adequate sanctioning of those responsible for racist crimes against them,
including the right to seek reparation for damages suffered as a result of such
crimes.
74. The Special Rapporteur recalls paragraph 13 of the outcome document of
the Durban Review Conference, 3 which states that any advocacy of national,
racial or religious hatred that constitutes incitement to discrimination, hostility
or violence should be prohibited by law, as should be 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
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A/CONF.211/8.
16-13939