A/64/271 established by States in cooperation with their civil society for the implementation of the outcome document of the Conference. 60. Although some States chose not to participate in the Durban Review Conference, the Special Rapporteur calls on those States to nonetheless publicly express their support for the outcome document of the Review Conference and to commit to its implementation in order to fight racism, racial discrimination, xenophobia and related intolerance. 61. While measures need to be taken by States to fight incitement to racial or religious hatred, the Special Rapporteur would like to recommend that States refrain from adopting vague or overly broad restrictions on freedom of expression which have often led to abuse by the authorities and to the silencing of dissenting voices, particularly those of individuals and groups in vulnerable situations, such as minorities. Freedom of expression makes an essential contribution to the fight against racism and to the right to equality. It empowers individuals and groups in vulnerable situations to fight for their rights and allows them to provide a rational response to hate speech often targeting them. 62. The Special Rapporteur would like to recall that a global agenda at the national level against racism is the best way to effectively prevent hate speech. Although legislative measures are necessary, States should also resort to non-legislative measures, such as education and intercultural dialogue, in order to fight racism. In this regard, States should closely cooperate with their civil society in order to design, implement and evaluate the most appropriate and effective measures against racism. 63. In order to further clarify the existing links between race and poverty, the Special Rapporteur is of the view that it is necessary to collect ethnically disaggregated data. While he is fully aware of the arguments against the collection of such data, the Special Rapporteur recommends to shift from the debate on the need or not to collect ethnically disaggregated data to a thorough discussion on how to best collect them in order to comply with international standards and to avoid the misuse or manipulation of these data. 64. Owing to the potential adverse effects of the current financial and economic crisis on the efforts to fight racism and xenophobia, the Special Rapporteur recommends that States take appropriate and effective measures to prevent an eventual rise of xenophobic feelings, in particular vis-à-vis migrants who are in vulnerable situations. Special vigilance is indeed required in these times of economic turmoil and States should ensure that all necessary legislative and institutional safeguards are put in place in order to prevent a significant rise of xenophobia in their domestic society. 65. The Special Rapporteur believes that the most effective way to prevent genocide or massive violence perpetrated against a specific group of individuals is to ensure, at the national level, respect for human rights, democracy and the rule of law, with particular attention to the principle of non-discrimination. The same holds true in post-genocide or post-conflict situations. In this respect, the Special Rapporteur recommends that Governments take concrete measures aiming at fostering inter-ethnic cooperation so as to avoid the recurrence of ethnic conflicts. 09-45097 15

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