A/HRC/29/47
promote the values of non-discrimination, equality, diversity, democracy and respect for all.
He recognizes, nonetheless, the important role of parents and family in helping to foster a
culture of tolerance and respect.
16.
The Special Rapporteur is concerned about ongoing reports that victims are reluctant
to come forward and report incidents to the appropriate authorities for fear of reprisals, fear
of prosecution, especially if their residence status is precarious or irregular, a belief that
police will not investigate, a lack of trust in the criminal justice system in addition to
language barriers and ignorance of their rights. The Special Rapporteur urges States to take
further measures to better engage with victims so as to reduce fears, create a sense of trust
between victims, police and prosecution and promote the reporting of such crimes.
Similarly, he encourages the provision of training for law enforcement officers and
members of the judiciary in order that they may properly address racist and xenophobic
crimes in an effective, appropriate manner, one that is compatible with international human
rights standards.
17.
The Special Rapporteur takes this opportunity to reiterate the concerns set out in his
previous report (A/HRC/23/24) that many racist crimes go underreported, thus potentially
underestimating the scope and nature of the problem. The lack of accurate and current
ethnically disaggregated data, which include sex-disaggregated data, particularly in the case
of irregular migrants and asylum seekers, may give the impression that racist crimes by
extremist political parties, movements and groups do not exist, or are less prevalent than in
reality. Some national action plans lack mechanisms and sufficient financial support for
collecting and disseminating disaggregated data. Collection of such data is critical, as it can
help inform policy decisions on combating those crimes. The Special Rapporteur is of the
opinion that both States and civil society should establish detailed systems for recording,
reporting and monitoring such incidents and for encouraging victims to report them.
III. Cyberracism and hate propaganda disseminated in social
media by extremist political parties, movements and groups1
18.
According to information received, racist and intolerant hate speech in political
discourse is escalating, in particular against refugees and asylum seekers. In the media, on
the Internet and in social networks, expressions of racism and xenophobia against
foreigners and ethnic minorities have become commonplace, as has abusive language, when
referring, for example, to the Roma. In Eastern Europe, the Special Rapporteur has received
reports of an open anti-Roma campaign waged by the media in one country where Roma
are presented as a demographic threat. According to reports, there is a worrying tolerance
of such practices on the part of the public.
19.
The Special Rapporteur notes with regret that very few cases of hate speech have
been dealt with by justice systems and also that the conviction rate is so low. In one Eastern
European country in 2014, out of a total of 56 pretrial proceedings which were initiated
under the crime of preaching hatred on religious grounds, not one resulted in a conviction.
The trend appears to be that criminal law provisions in force to combat hate speech are
rarely invoked and hardly ever successfully. That sets a dangerous precedent implying that
hate speech is not a serious offence and can be used with impunity. Although the Special
Rapporteur welcomes the response of some high-level public figures who have issued
declarations condemning such acts and appealing for solidarity, he notes that some attempts
1
See also the report of the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance to the Human Rights Council (A/HRC/26/49).
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