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narratives away from linking COVID-19 to nationality, ethnicity or location.
They must reject manifestations of racism that threaten to undermine global
pandemic responses and instead promote tolerance and respect. The Special
Rapporteur calls upon States to counter conspiracy theories and contain their
spread. All responses to the pandemic should be evidence-based, legal and
non-discriminatory, in order to protect public health.
90. The Special Rapporteur urges States to adopt robust, multi-level, human
rights-centred approaches in their COVID-19 responses, and to address
intersecting inequalities in the context of COVID-19.
91. The Special Rapporteur reiterates that States have the obligation to
prosecute hate crimes committed with racist, xenophobic, antisemitic or
homophobic motivations and to fight against impunity. In order to effectively
prevent racially motivated crime linked to the pandemic, States should take
urgent steps to ensure prompt and impartial investigation of hate crimes, and
sanction those responsible. The Special Rapporteur also underscores the
importance of access to legal remedies for victims of crime that has been
motivated by racism or xenophobia. States should consult vulnerable groups and
minorities who are affected by COVID-19-related racist, antisemitic or
xenophobic crimes, and reinforce law enforcement and the criminal justice
system to respond to the increasing incidence of such crimes.
92. The Special Rapporteur recalls paragraph 59 of her earlier report to the
General Assembly (A/74/253), in which she called upon States to elaborate legal
provisions to prohibit organizations and associations that incite racial, religious
and national hatred and propagate extreme ideologies, and to do so in a manner
that respects the human rights to freedom of expression and speech. To this end,
the Special Rapporteur reiterates her encouragement to those States that have
made reservations to article 4 of the International Convention on the Elimination
of All Forms of Racial Discrimination to withdraw these reservations and
commit to their obligation to tackle hate speech and incitement to violence.
93. As emphasized by her predecessor in his thematic report (A/HRC/29/47),
the Special Rapporteur concurs that public officials, including law enforcement
officials, should receive comprehensive and mandatory human rights training
with a specific focus on antisemitic, racist and xenophobic crimes perpetrated by
individuals linked to extremist political parties, groups and movements. These
officials and law enforcement agents should engage with vulnerable groups to
reduce their legitimate fears and concerns and restore confidence in the
application of the rule of law, and ensure they can report such crimes
effectively. 62
94. Furthermore, the Special Rapporteur urges States to provide dedicated
funding for independent bodies that monitor hate crimes. These bodies play an
essential role in documenting racist crimes and other incidents by providing
hotlines to victims without them having to report to the police, and through
which vulnerable members of ethnic minorities or migrants can seek support
without fear of discrimination or risk of being detected.
95. The Special Rapporteur highlights the critical need for disaggregated data
collection by race, age, income, nationality, ethnicity, gender, religion, language
and sexual orientation. Reliable disaggregated data is critical to implement
adequate policy and practices, to analyse the impact of COVID-19 on racially
motivated crimes and other incidents, and for timely and publicly accessible
release of this information. The Special Rapporteur stresses the obligation of
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A/HRC/29/47, para. 52.
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