A/HRC/38/52
dangerous normalization and mainstreaming of racist and xenophobic discourse in public
discourse, in part due to the growth and spread of ethno-nationalist ideologies. Political
parties and leaders have shown increasing and disturbing tolerance for ethno-nationalist
messages of hatred and intolerance in their political platforms. Countries that have long
celebrated immigration as central to their national identity have now taken steps to vilify and
undermine immigration, with a disproportionate effect on certain racial, religious and
national groups. Even countries such as Argentina, which have been celebrated by holders of
this mandate in the past for their human rights-based immigration policies, are now rolling
back these policies under anti-immigrant political leadership.55
41.
The rise of populist nationalism and right-wing extremism has delivered a devastating
blow to racial equality, especially in the global North. Non-citizens, including refugees and
stateless persons, have been the most vulnerable as a result of the ethno-nationalism that has
accompanied this rise, although others have been targets, including women, sexual minorities
and people with disabilities. Racist and xenophobic speech and violence against racial and
other minorities, and against refugees and migrants in particular, escalated in the wake of the
decision by the United Kingdom to leave the European Union, or “Brexit”, and national
elections in Europe, North America and Australia.56 At the same time, States and politicians
have used offensive and Islamophobic rhetoric to justify blanket immigration bans and
military force and fences at border crossings in violation of their obligations under
international human rights law and international refugee law. In other countries, the primary
targets of blanket immigration prohibitions have been Africans and people of African
descent. 57 Reputable reports have uncovered the underhanded tactics of ethno-nationalist
political leaders and even official government leaders who have been willing to spend
millions deliberately to spread “fake news” or false information about refugees and
involuntary migrants. 58 These lies are dangerous and even fatal when they raise national
resistance to and violence against asylum seekers and migrants, and more generally escalate
racial, ethnic and religious intolerance.59
42.
Present day Europe offers a multitude of examples of national identity anxiety ranging
from explicitly articulated calls for racial or ethnic purity, to coded calls for religious or
linguistic preservation. In some cases, ethno-nationalist arguments are pretextually framed
as defences of linguistic, cultural or religious identity. But when linguistic and cultural
requirements in naturalization or immigration laws have the effect of excluding groups from
the benefits of the State on the basis of their race, ethnicity or religion, these requirements
should be seen as an urgent and unlawful threat to racial equality. The Special Rapporteur
expresses grave concern about the growing number of States that have threatened and even
adopted blanket bans against refugees of particular religions or national origin, most
commonly Muslims and Muslim majority countries. 60 Religious discrimination blatantly
55
56
57
58
59
60
See A/HRC/35/41/Add.1. A 2017 presidential decree took the regressive step of overturning or
undermining one of the most progressive immigration policies in the world, in an atmosphere of
growing racism and xenophobia against non-nationals. See Alejandro Grimson, “Argentina’s antiimmigrant about-face”, North American Congress on Latin America Report on the Americas, vol. 49,
No. 2 (2017), p. 123. Available at www.tandfonline.com/doi/abs/10.1080/10714839.2017.1331792.
See, for example, A/HRC/35/41/Add.2, para. 56; A/HRC/35/42, paras. 17–18; A/72/287, paras. 11–
17; A/HRC/32/50, paras. 64–65.
See OHCHR, “Israel: UN experts urge immediate halt of plans to deport Eritrean and Sudanese
nationals”, 1 March 2018. Available at www.ohchr.org/EN/NewsEvents/Pages/
DisplayNews.aspx?NewsID=22741&LangID=E.
See Human Rights Watch, “Hungary’s xenophobic anti-migrant campaign”, 13 September 2016.
Available at www.hrw.org/news/2016/09/13/hungarys-xenophobic-anti-migrant-campaign.
See OHCHR, “Hungary: opinion editorial by UN High Commissioner for Human Rights Zeid Ra’ad
Al Hussein”, 6 March 2018. Available at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22765.
In the case of International Refugee Assistance Project v. Trump, 883 F.3d 233, 269 (2018), the
United States Court of Appeals for the Fourth Circuit noted that “plaintiffs offer undisputed evidence
that the President of the United States has openly and often expressed his desire to ban those of
Islamic faith from entering the United States. The Proclamation [travel ban] is thus not only a likely
Establishment Clause violation, but also strikes at the basic notion that the government may not act
based on ‘religious animosity’” (p. 52). See also Secretary General of the Council of Europe, “No
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