A/HRC/35/42
A.
Political measures
35.
While the Special Rapporteur notes with appreciation that several States have
made significant efforts to counter extremist political parties, groups and movements,
he reiterates the need for greater vigilance and condemnations of all messages
disseminating ideas based on racial superiority or hatred. Political leaders and parties
must be aware of their moral duty and should use their leading position to promote
tolerance and respect. The Special Rapporteur also welcomes the increase in good
practices that should be exchanged among all actors working in this field. However,
important challenges remain and a comprehensive approach based on a solid legal
framework and completed by other measures, such as education, awareness-raising
programmes and a victim-centred approach, should be further developed. States
should also address the increasing discrepancy in distribution of income and wealth
and realize that the consequences of this disparity fuels populist rhetoric and
extremist ideologies. (See A/HRC/23/24, para. 37, A/HRC/26/50, para. 50,
A/HRC/29/47, paras. 43-44, and A/HRC/32/49, paras. 17-18.)
B.
Legislative measures
36.
The Special Rapporteur appreciates the information received 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 calls upon States that
have not yet done so to ratify the Convention and to make the declaration under
article 14. This will allow the Committee on the Elimination of Racial Discrimination
to receive and consider communications from groups or individuals claiming to be
victims of a violation by a State party of any of the rights set forth in the Convention.
37.
The Special Rapporteur would like to recall that paragraph 13 of the outcome
document of the Durban Review Conference states that any advocacy of national
racial or religious hatred 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.
38.
The Special Rapporteur notes that several States have introduced into their
criminal codes a provision stating that the commission of any offence with racist,
xenophobic, anti-Semitic or homophobic motivations or aims constitutes an
aggravating circumstance attracting heavier sanctions, not only for their instigators
but also their followers.
39.
The Special Rapporteur would, however, like to underline the need for the
States to ensure the full and effective implementation of legal, policy and institutional
measures protecting minority groups. States should also ensure that these groups are
being effectively granted, without discrimination of any kind, the right to security,
access to justice, adequate reparation, legal aid and medical and psychological
assistance. States should also facilitate better reporting of such crimes.
40.
States have an obligation to prosecute the perpetrators of crimes with racist,
xenophobic or anti-Semitic motivations, as well as to fight against impunity.
Therefore, States should ensure prompt and thorough investigation into such crimes,
and that those responsible are adequately sanctioned. (See A/HRC/23/24, para. 31,
A/HRC/26/50, paras. 52-53, A/HRC/29/47, paras. 45-47, and A/HRC/32/49, paras. 1921.)
C.
Education and capacity-building
41.
As stated in his previous reports, the Special Rapporteur would like to recall
that formal and non-formal education remains one of the most effective means of
countering the negative influence that extremist movements, political parties and
groups may have on young people. States should recognize the importance of
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