A/HRC/20/38
18.
As long as extremist political parties, movements and groups continue to exist,
they will remain a major challenge to democracy. In this regard, States should always
bear in mind that preserving and consolidating democracy is essential to effectively
preventing and combating racism, racial discrimination, xenophobia and related
intolerance. Therefore the Special Rapporteur recommends, as did the previous
mandate holder, that respect for human rights, democracy and the rule of law be the
cornerstone of any programme or activity developed by political parties. He further
urges political leaders and political parties to refrain from disseminating discourses
that scapegoat vulnerable groups. On the contrary, political leaders and political
parties have an important responsibility to explicitly and strongly condemn all
political messages that disseminate ideas based on racial superiority or hatred and
that incite racial discrimination or xenophobia. Political leaders and political parties
are therefore urged to promote multiculturalism within their societies, as well as
tolerance and mutual understanding and respect.
19.
The Special Rapporteur recommends that appropriate legislation conforming
to international human rights standards be adopted by States to prevent and address
such phenomenon. In this regard, he recalls that according to article 4 of the
International Convention on the Elimination of All Forms of Racial Discrimination,
States parties shall:
(a)
Declare as an offence punishable by law all 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, against any race or group of persons of another
colour or ethnic origin, and also the provision of any assistance to conduct racist
activities, including the financing thereof;
(b)
Declare illegal and prohibit organizations and all organized and other
propaganda activities which promote and incite racial discrimination, and recognize
participation in such organizations or activities as an offence punishable by law;
(c)
Not permit public authorities or public institutions, national or local, to
promote or incite racial discrimination.
In this connection, it is crucial to introduce into domestic criminal law a provision to
the effect that the commission of an offence with racist or xenophobic motivation or
aim constitutes an aggravating circumstance attracting heavier sanctions.
20.
Any form of impunity for crimes motivated by racist and xenophobic attitudes
weakens the rule of law and democracy and tends to encourage the recurrence of such
acts. Therefore, it is of utmost importance that States ensure that those responsible for
crimes with racist or xenophobic motivation are prosecuted and adequately
sanctioned. In this connection, prompt, thorough and impartial investigations are
crucial as a first step towards ensuring justice for the victims and fighting impunity.
Victims should be provided with effective access to legal remedies, including the right
to seek just and adequate reparation for any damage suffered as a result of a racist or
xenophobic crime.
21.
The Special Rapporteur strongly recommends that States collect data on racist
and xenophobic crimes in order to identify the types of offences committed, the
characteristics of the victims and of the perpetrators, including whether they are
affiliated with an extremist political party, movement or group. Such data would
further enable a better assessment of the effectiveness of measures taken to address
racist crimes. The Special Rapporteur also recommends that the necessary financial,
human and technical resources be provided to improve the quality of data-collection
systems where they already exist, while ensuring that civil society is involved in this
process.
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