A/HRC/21/27
(A/HRC/18/44) and General Assembly (A/66/312) on the implementation of Assembly
resolution 65/199.
76.
He also submitted a report to the Human Rights Council at its twentieth session on
the implementation of General Assembly resolution 66/143 on the inadmissibility of certain
practices that contribute to fuelling contemporary forms of racism, racial discrimination,
xenophobia and related intolerance (A/HRC/20/38). In his report, the Special Rapporteur
emphasized that preserving and consolidating democracy was essential in order to prevent
and combat racism, racial discrimination, xenophobia and related intolerance. He
recommended that respect for human rights, democracy and the rule of law should be the
cornerstone of any programme or activity developed by political parties, and urged political
leaders and political parties to promote multiculturalism, tolerance, mutual understanding
and respect within their societies. In that context, the Special Rapporteur emphasized that
the Durban Declaration and Programme of Action, the Outcome Document of the Durban
Review Conference and the International Convention on the Elimination of All Forms of
Racial Discrimination were major comprehensive frameworks to be implemented. The
Special Rapporteur also addressed racism and democracy in his annual thematic report to
the Human Rights Council (A/HRC/20/33).
77.
Furthermore, the Special Rapporteur raised the issue of the human rights and
democratic challenges posed by extremist political parties, movements and groups during a
country visit where he noted with concern the resurgence of extremist ideas propagated by
politicians, public figures and certain groups of individuals who encouraged racial
discrimination and incited racial violence, particularly against Roma minorities
(A/HRC/20/33/Add.1).
III.
Conclusions
78.
Information from the contributions indicates that, while some countries have
specific legislation on racial discrimination, others favour general statutory
regulations prohibiting discrimination on grounds of race. By the same token, some
States have penal regulations specifically covering racism and racial discrimination,
but others generally cover those as incidental to general provisions of the Criminal
Code. In some States, racial motivation for a crime is considered as an aggravating
factor in evaluating the penal consequences of a crime.
79.
Some States are by statute required to intervene when political groups overstep
bounds, others understand independence of political competition to mean absence of
State intervention in the affairs of political parties. Some States have also
constitutionally prohibited political groups based on ideas of racial superiority.
80.
While some States have taken affirmative action measures to secure
participation of minorities and groups susceptible to discrimination in the political
process, other States rely on general legal provisions that provide for equality for all.
Generally, respondent States recognized the need for preventive measures and
collaborative action in responding to the threats posed to democracy by racism.
18
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