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
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