A/HRC/42/58 Summary of issues and possible elements discussed pertaining to the implementation of General Assembly resolution 73/262 and Human Rights Council resolution 34/36 on “the commencement of the negotiations on the draft additional protocol to the Convention criminalizing acts of a racist and xenophobic nature”1 (agenda item 8) 108. States parties undertake to criminalize the following acts of a racist and xenophobic nature perpetrated online and offline against specific persons and specific groups irrespective of the author: (a) (b) crimes; Dissemination of hate speech; Inciting, aiding and abetting the commission of racist and xenophobic hate (c) Dissemination of ideas and materials that advocate and promote racial superiority, intolerance and violence; (d) [All contemporary forms of discrimination based on religion or belief]. 2 (e) Compel social media networks to remove expediently, in accordance with national legislation, racist and xenophobic content from online media platforms, including social media; (f) Hold accountable or liable persons and companies in the information and communications technology sector who broadcast racist and xenophobic content or material; (g) States parties commit themselves to adopt the following preventive measures to combat racist and xenophobic discrimination: (i) Promote cultural diversity through education and awareness; (ii) Counter proliferation of contemporary forms of supremacist ideologies, including by awareness-raising about the horrific consequences of such ideologies in the past; (iii) Put an end to discriminatory racial and ethnic profiling and derogatory stereotypes in all their forms; (iv) Ensure non-discriminatory access to the enjoyment of all human rights, such as birth registration, access to health, education, employment and housing; (v) Provide human rights education and training to civil servants working in the areas of justice, civil service, immigration, customs, law enforcement and social services; (vi) 1 2 18 Provide guidance on appropriate conduct by law enforcement officials; The 28 Member States of the European Union, Japan, Switzerland, and Ukraine maintained their position that there are no substantive or procedural gaps in the Convention. In that regard, they referenced A/HRC/4/WG.3/6 and the opinions of some experts that have been expressed during the 10 sessions of the Committee, who argued that there were no substantive or procedural gaps in the Convention. Those participants consider that the Convention is a living instrument that can adapt to contemporary reality and that the only existing gap is in implementation of the Convention and that the focus should remain on reaching universal ratification of the Convention. The 57 States members of OIC, the Plurinational State of Bolivia, Cuba, the Russian Federation and the Bolivarian Republic of Venezuela referenced A/HRC/4/WG.3/6, in which it was mentioned that the root causes of racial abuse, discrimination and xenophobia were complex and manifested themselves in many contemporary forms such as Islamophobia, Christianophobia and anti-Semitism. They maintained their position that it was important that the proposed additional protocol criminalize all contemporary forms of discrimination, including discrimination and hatred based on religion or belief, as an extension of the term “racial discrimination”.

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