A/HRC/15/45 B. The rights to life and to security of person 11. In some cases, the rhetoric of extremist political parties, movements and groups may advocate more than discrimination against specific groups; it may publicly and directly incite people to commit acts of violence on behalf of extremist ideology, or may justify the use of violence against certain groups of the population or against buildings, monuments, historical or religious sites. Even when extremist political parties, movements and groups do not directly and publicly incite violence, their ideology and activities may contribute to a climate conducive to the escalation of violence. 12. In this context, the perpetration of racist and xenophobic crimes by individuals and groups of individuals closely linked to extremist movements constitutes a major challenge to societies, which are becoming increasingly diverse. The Special Rapporteur is indeed extremely concerned by reports of individuals being harassed, assaulted, attacked, beaten, stoned, stabbed or even murdered just because of their perceived national or ethnic origin, their skin colour or other physical attributes. Migrants, refugees, asylum-seekers and members of minorities appear to be among the vulnerable groups targeted by these acts, which constitute a blatant violation of the rights to life and to security of person, guaranteed by articles 6 and 9, respectively, of the International Covenant on Civil and Political Rights. 13. The perpetration of racist and xenophobic crimes may ruin the lives of the targeted individuals, but it may also have a significant impact on society as a whole by instigating a climate of fear, in particular if the perpetrators go unpunished. The Special Rapporteur would therefore like to emphasize that these crimes ought to be recognized and addressed with resolve by States through legislative and other measures. For instance, it is essential that domestic laws criminalize acts motivated by racist hatred and xenophobia, or recognize racism or xenophobia as an aggravating factor warranting greater penalties. States should also ensure that those responsible are held accountable before the law. In addition, specific instructions and training should be provided to law enforcement officers and the judiciary to help them deal with racist and xenophobic crimes in an effective and appropriate manner. Accurate and up-to-date ethnically disaggregated data collection on racist and xenophobic crimes is also important, since it may help inform policy decisions to combat such crimes. Furthermore, States should ensure that victims are made aware of their rights and therefore have access to justice, including reparation. This is all the more important since victims of racial hatred and xenophobia are often part of marginalized groups in society, and may not know where to submit a complaint or be reluctant to report a crime to the police, owing to lack of trust or fear of reprisal, especially if they happen to be illegal immigrants. C. The rights to freedom of expression, assembly and association 14. States are faced with a complex dilemma when countering the intolerant, discriminatory or xenophobic rhetoric and activities by extremist political parties, movements and groups. While measures should be taken to counter this kind of rhetoric and activities, States must also ensure that, in accordance with international human rights law, all individuals and groups of individuals enjoy fully their right to freedom of expression, and they must also allow all political parties, movements and groups to exist and enjoy their right to freedom of assembly and association. As stated in the Durban Review Conference outcome document, “the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society and stresses further the role these rights can play in the fight against racism, racial discrimination, xenophobia and related intolerance worldwide” (para. 58). The difficulty therefore consists in assessing when restrictions on the rights to freedom of expression, assembly and association may be warranted. GE.10-15022 5