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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.
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