A/69/334 to vulnerable groups and national security should be emulated while remaining within the scope of article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination and article 20 of the International Covenant on Civil and Political Rights. 80. 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 the 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 the 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. 81. The Special Rapporteur notes with appreciation that several States have prescribed in their criminal codes that racist and xenophobic motivation constitute an aggravating circumstance attracting heavier sanctions against not only instigators but also followers. The Special Rapporteur reiterates the recommendations made in his report to the Human Rights Council (A/HRC/26/50), including that States fulfil their responsibility of bringing to justice the perpetrators of crimes with racist, xenophobic, anti-Semitic or homophobic motivation and to combat impunity. 82. 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 wishes to urge States to ensure the full and effective implementation of legal, policy and institutional measures protecting these groups of individuals. The gap between the provisions of the legal and institutional framework and the challenges faced by these vulnerable groups, including with regard to racist and xenophobic acts from extremist groups or individuals, remain of particular concern. The Special Rapporteur therefore 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 sanction of those responsible for racist crimes against them. 83. The Special Rapporteur remains deeply concerned about the confirmation of tendencies to scapegoat vulnerable groups, including migrants, asylum seekers and ethnic minorities. Scapegoating remains a powerful tool for politicians whose only goal is to mobilize the masses to the detriment of social cohesion and human rights. The continued blunt, uncensored and unpunished expressions of supremacist, anti-Semitic and hateful opinions by political leaders may be an indicator that societies are growing dangerously and increasingly tolerant of hate speech and extremist ideas. 14-59563 15/17

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