A/HRC/18/44
effective, inclusive and cooperative manner with the involvement of relevant actors.
Particular attention should be paid to victims, and the sharing of good practices
should also be taken into consideration by States. In this regard, the Special
Rapporteur makes the recommendations below.
32.
As stated in the outcome document of the Durban Review Conference, any
advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence should be prohibited by law, as should the
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. In this regard,
the Special Rapporteur calls upon all States to respect the commitments made in the
Durban documents. He calls upon States parties to the International Convention on
the Elimination of All Forms of Racial Discrimination to comply fully with their
obligations as enshrined in article 4.
33.
In order to prevent and to address in an effective manner the perpetration of
racist or xenophobic crimes by individuals and groups of individuals closely linked to
extremist political parties, movements and groups, States are urged 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 sanctions.
34.
In this regard, States have the responsibility of bringing to justice the
perpetrators of crimes with racist or xenophobic motivation and to fight against
impunity. Indeed, as stated in paragraph 81 of the Durban Declaration, any form of
impunity for crimes motivated by racist and xenophobic attitudes plays a role in
weakening the rule of law and democracy and tends to encourage the recurrence of
such acts. Therefore States should ensure prompt, thorough and impartial
investigation of racist and xenophobic crimes, and ensure that those responsible are
adequately sanctioned.
35.
Due attention should also be paid to the victims of such crimes, whose rights to
life and security of person are violated. In this respect, the Special Rapporteur urges
States to ensure the full access of victims of crimes motivated by racist or xenophobic
attitudes to effective legal remedies, including the right to seek just and adequate
reparation for any damage suffered as a result of such crimes. The Special
Rapporteur also recommends that States ensure that victims of racist or xenophobic
crimes are provided with necessary legal, medical and psychological assistance. States
should also ensure that all victims are made aware of their rights and of existent
judicial and non-judicial remedies. The Special Rapporteur reiterates that States
should further engage with vulnerable groups who are at particular risk of racist or
xenophobic crimes, reduce their fear, restore confidence in law enforcement officers
and allow for better reporting of such crimes.
36.
The Special Rapporteur notes with concern the increased use of the Internet by
extremist political parties, movements and groups to proliferate, promote and
disseminate racist content. He would like to reaffirm the positive role that freedom of
expression can play in promoting democracy and combating racist and xenophobic
ideologies. In this respect, the Special Rapporteur 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. He also encourages States to use new technologies,
including the Internet, to promote the values of equality, non-discrimination, diversity
and democracy.
37.
The Special Rapporteur strongly recommends that law enforcement agents
collect data on racist and xenophobic crimes and that they improve the quality of such
data-collection systems. As the Special Rapporteur stated in his previous report
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