A/HRC/15/45
24.
With regard to legislative measures, the Special Rapporteur calls upon States
parties to the International Convention on the Elimination of All Forms of Racial
Discrimination to comply fully with their international obligations. According to
article 4 of the Convention, States parties:
(a)
Shall declare an offence punishable by law all dissemination of ideas
based on racial superiority or hatred, incitement to racial discrimination, as well as all
acts of violence or incitement to such acts against any race or group of persons of
another colour or ethnic origin, and also the provision of any assistance to racist
activities, including the financing thereof;
(b)
Shall declare illegal and prohibit organizations, and also organized and
all other propaganda activities, which promote and incite racial discrimination, and
shall recognize participation in such organizations or activities as an offence
punishable by law;
(c)
Shall not permit public authorities or public institutions, national or
local, to promote or incite racial discrimination.
25.
The Special Rapporteur also calls on States to implement fully articles 19 to 22
of the International Covenant on Civil and Political Rights, which guarantee the
rights to freedom of expression, assembly and association and determine the
limitations thereto.
26.
The Special Rapporteur notes that public figures, and in particular politicians,
have a greater capacity to influence the public debate owing to the large audience that
they reach. He therefore stresses that public figures should be held politically
accountable for bigoted words that encourage discrimination and violence and create
a climate of fear for vulnerable groups.
27.
With regard to the perpetration of racist or xenophobic crimes by individuals
and groups of individuals closely linked to extremist political parties, movements and
groups, the Special Rapporteur calls upon States to guarantee the right to life and to
security of person, as well as to protection against violence or bodily harm. In this
regard, he urges States to take action against racially-motivated violence and ensure
the access of victims to effective legal remedies, including the right to seek just and
adequate reparation for any damage suffered as a result of such violence. He also
urges States to introduce into their domestic criminal law a provision according to
which committing an offence with racist or xenophobic motivation or aim constitutes
an aggravating circumstance allowing for heavier penalties.
28.
Law enforcement bodies and members of the judiciary are major actors in the
implementation of measures taken by States to prohibit and sanction racist or
xenophobic crimes. As such, the Special Rapporteur recommends that States design
mandatory human rights training, with a focus on violent acts based on racism, racial
discrimination, xenophobia and related intolerance. In particular, specific training
aimed at providing law enforcement bodies with necessary instructions, procedures
and resources to identify, investigate and register racist or xenophobic crimes should
be provided.
29.
The Special Rapporteur also encourages States to increase their efforts to reach
out to community groups, in particular vulnerable groups who are at particular risk
of racist or xenophobic crimes. He therefore calls upon States to engage with
concerned communities to reduce fears, instil a sense of trust between the police and
the communities, encourage the reporting of such crimes to the police, and improve
the quality of data collection in relation to racist and xenophobic crimes by law
enforcement bodies. The Special Rapporteur indeed believes that such data help
8
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