A/HRC/18/44
28. It is imperative that political leaders avoid playing the game of populism to gain
votes and take all the measures necessary to deal adequately with certain social and
economic issues, such as immigration, unemployment and insecurity, in particular in the
current period of economic crisis and sometimes the discontent with and mistrust of the
population in traditional political parties. As emphasized by the Special Rapporteur in his
previous report (A/HRC/15/45, para. 30), political leaders and parties should provide
answers to the populist and oversimplified statements of extremist political parties,
movements and groups through reasoned argument, especially on the issues posed by
immigration, insecurity and unemployment.
29. In the above context, the Special Rapporteur would like to recall that any measures
to counter extremist political parties, movements and groups have to be taken in
accordance with international human rights law and in a manner that upholds democratic
principles. The Special Rapporteur is concerned about reports indicating that, in some
cases, the law on extremism has been used to deprive political opponents of democratic
legitimacy by labelling them as extremist and to unduly limit freedom of expression,
including of the media. He recalls that States must ensure that all individuals and groups of
individuals enjoy fully their rights to freedom of expression, assembly and association as
enshrined in articles 19, 21 and 22 respectively of the International Covenant on Civil and
Political Rights. The Special Rapporteur further reiterates that, in any democratic society,
individuals must be able to challenge the system in place and propose ideas for change.
Indeed, the free expression of the will of the people must be respected. All individuals,
regardless of their ideas, including those deemed radical, should be guaranteed without
discrimination the right to take part in the conduct of public affairs, directly or through
chosen representatives, and to vote or to be elected at genuine elections.
30. Some stakeholders also provided information about the increased use of the Internet
by individuals and groups of individuals closely linked to extremist movements to
disseminate racist ideas. In this regard, the Special Rapporteur would like to express his
concern about the use of the Internet to propagate racism, xenophobia, racial
discrimination and related intolerance. In accordance with the provisions of the Durban
Declaration and Programme of Action and the outcome document of the Durban Review
Conference, the Special Rapporteur encourages States to use the opportunities provided by
new technologies, including the Internet, to counter the dissemination of ideas based on
racial superiority or hatred. Furthermore, he reiterates that determining which acts or
expressions may meet the thresholds determined in articles 19 to 22 of the International
Covenant on Civil and Political Rights, and in article 4 of the International Convention on
the Elimination of All Forms of Discrimination, is ultimately a decision that is best made
after a thorough assessment of the individual circumstances of each case. This decision
should always be guided by well-defined criteria, in accordance with international
standards, and be made by an independent and impartial court or tribunal, taking into
account the local conditions, history, culture and political context.
IV.
Conclusions and recommendations
31. The Special Rapporteur takes note of the efforts made by States to counter
extremist political parties, movements and groups, including neo-Nazis and skinhead
groups, and similar extremist ideological movements. However, while good practices
have been identified, important challenges remain that require greater efforts and
increased vigilance from States. Indeed, extremist political parties, movements and
groups continue to pose major challenges, especially with regard to the protection of
vulnerable groups of individuals against racist and xenophobic crimes, and the
protection and consolidation of democracy and human rights in general. It is crucial
that a comprehensive approach based on a solid legal framework that also includes
key complementary measures be developed and that it be implemented in an
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