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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