A/HRC/13/58
committed intentionally and without right, the following conduct:
distributing, or otherwise making available, racist and xenophobic material
to the public through a computer system;
2.
Each party shall adopt such legislative and other measures as may be
necessary to establish as criminal offence under its domestic law, the
following acts or conduct:
(a)
Threatening, through a computer system, with the commission
of a serious criminal offence as defined under its domestic law, (i) persons
for the reason that they belong to a group, distinguished by race, colour,
descent or national or ethnic origin, as well as religion, if used as a pretext
for any of these factors, or (ii) a group of persons which is distinguished by
any of these characteristics.
(b)
Insulting publicly, through a computer system, (i) persons for
the reason that they belong to a group, distinguished by race, colour, descent
or national or ethnic origin, as well as religion, if used as a pretext for any of
these factors, or (ii) a group of persons which is distinguished by any of these
characteristics.
109. The Chair opened the 12th meeting with a discussion on the issue of reparation and
remedies for victims of racism, racial discrimination, xenophobia and related intolerance.
19.
Reparation and remedies for victims of racism, racial discrimination, xenophobia and
related intolerance
110. Statements and/or text proposals were made by Nigeria (on behalf of the African
Group), Sweden (on behalf of the EU), Liechtenstein, and Algeria (see A/HRC/13/CRP.1).
111.
112.
GE.10-10366
The African Group submitted the following proposal:
1.
States parties shall assure to every victim of racial discrimination within
their jurisdiction adequate legal protection, through recourse to the
competent national courts/tribunals and/or other State institutions, as well as
the right to seek from such tribunals and/or State institutions just and
adequate reparation for any damage suffered as a result of such
discrimination;
2.
States parties shall guarantee the right of every victim of racial
discrimination to just and adequate reparation for any material or moral
damage suffered as a result of such discrimination;
3.
States parties shall provide free legal aid and assistance to victims of racism,
racial discrimination, xenophobia and related intolerance in accordance
with the victims’ needs and requirements;
4.
The provisions of paragraph (1) are without prejudice to other prosecutions,
including criminal prosecutions against the perpetrator(s) of such acts of
racial discrimination.
Sweden, on behalf of the EU, submitted the following proposals:
1.
States should investigate and prosecute those responsible for gross violations
of international human rights law;
2.
States should adopt appropriate and effective national legislative and
administrative measures to provide fair, effective and prompt access to
justice.
23
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