A/HRC/18/44 including the human rights principle of non-discrimination. Indeed, extremist political parties, movements and groups bring into question this fundamental principle by propagating an ideology based on racism, racial discrimination, xenophobia and related intolerance. Non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic principle in the protection of human rights. As stated in article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination, States have the obligation to prohibit racial discrimination by any persons, group or organization and not to sponsor, defend or support racial discrimination by any persons or organizations. 8. A number of States have indicated that their Constitution and legislation prohibit racial discrimination. The Special Rapporteur welcomes such a step. The Special Rapporteur also notes with interest the information provided by States about non-citizens being guaranteed equality before the law and human rights without discrimination. He also welcomes the legislative measures taken to combat racism in sport. However, the Special Rapporteur notes that domestic law does not always fully cover the definition of racial discrimination as enshrined in article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination. Consequently, the Special Rapporteur urges States parties to this important instrument to ensure that the definition of racial discrimination under their domestic order complies with the provisions of article 1 and prohibit and eliminate any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. The Special Rapporteur also recalls that, under article 20 of the International Covenant on Civil and Political Rights, “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. Furthermore, paragraph 13 of the outcome document of the Durban Review Conference reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited by law, as should be 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. 9. In their contributions, some countries admitted that, while a national law prohibiting racial discrimination had been adopted, it was not yet into force. The slow process of entry into force of legislation for diverse reasons, including those related to each national context at a certain time, may be an important barrier in addressing the major challenges that extremist political parties, movements and groups represents for human rights and democracy. Indeed, without any operational legal framework the rights of victims of racist or xenophobic crimes by extremist political parties, movements and groups can be hampered and the impunity of the perpetrators fostered. Therefore, it is crucial that appropriate measures be taken to ensure that the legal acts needed for the entry into force of relevant anti-discrimination legislation are adopted and the legislation is fully implemented. Governments must also ensure that the legislation adopted criminalizes racist acts perpetrated by extremist political parties, movements and groups. In this regard, the Special Rapporteur appreciates the fact that, in some countries, racial discrimination and incitement to racial hatred are declared an offence under the criminal code. He also welcomes information indicating that racist or xenophobic motive are aggravating factors in relation to some offences under criminal law. The Special Rapporteur recalls that States must ensure that the provisions adopted conform fully with their obligations under article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. 10. Furthermore, the Special Rapporteur notes with satisfaction the adoption of national action plans and policies to combat racism and racial discrimination and to promote the social integration of individuals belonging to minorities. He appreciates in particular the number of programmes specifically launched by some States to combat extremism. In this regard, measures regarding the legal aid provided to victims or programmes to steer youth 4

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