A/HRC/32/50
29.
Specifically, xenophobia must also be understood as rooted in particular histories
and political projects. For example, in the Durban Declaration and Programme of Action,
Member States of the United Nations identified the slave trade and colonialism as major
sources and manifestations of xenophobia, and of other related forms of intolerance. Hence,
vestiges of slavery, systems of apartheid, colonialism, and the displacement or genocide of
indigenous peoples in the construction of the nation State are proper intersections to
consider in addressing the phenomenon of xenophobia, where whole peoples were left
outside the national project or marginalized. Significantly, we must avoid presuming that
histories of inclusion and exclusion exist mainly or only in relation to national territories.
One of the legacies of colonialism is fragmented polities based on exclusion and distrust
among fellow citizens. Political projects related to nation-building or to the formation or
maintenance of regional political communities can also produce xenophobic rhetoric. This
xenophobic rhetoric, especially when espoused by political and other leaders, can be a
factor in the incitement of attacks against — or other forms of abuse of — “outsiders”
however defined.
30.
In the current era of increased mobility, manifestations of xenophobia are both
myriad and alarmingly on the rise. Increasingly widespread forms of overt physical
violence, hate speech, and intentional, implicit and structural discrimination are rooted in
xenophobia. Xenophobia can refer to explicitly held prejudice expressed verbally or
violently and can also be manifested through a wider range of discriminatory practices,
policies and structures. While many forms of xenophobia relate to exclusion from a
national territory, xenophobia may also be manifest in efforts to exclude groups from areas
of a country, of a city or even of a neighbourhood. It may also appear in efforts to exclude
persons or particular groups from accessing public or private services, institutions or
resources. Regardless of the way in which it manifests itself, xenophobia violates the
fundamental principles of equality and non-discrimination that are at the core of
international human rights law.
31.
Similarly, certain socioeconomic conditions are strongly correlated — but not
determinative — of xenophobic sentiments and acts. It was stressed in the Durban
Declaration, for example, that “poverty, underdevelopment, marginalization, social
exclusion and economic disparities”27 were closely associated with xenophobia and other
forms of related intolerance. Perceived and actual material scarcity, heightened by
economic crises, has in some cases contributed to increased manifestations of xenophobia,
as “insiders” seek to exclude “outsiders” whom they view as undeserving competitors for
public and private resources. While such conditions may increase the likelihood of
xenophobia, they do not determine its presence or form.
32.
A range of different actors may contribute to xenophobic discrimination, including
individuals acting alone, individuals acting in concert through informal groups, or formal
collectives which can include religious, political and economic organizations. Among these
actors are politicians, law enforcement and border control agents, including private security
forces, and even persons from the media, who may contribute to the stigmatization of
certain groups. Xenophobia may also be embedded in legal and policy frameworks, and in
institutions, that have either the purpose or the effect of discriminating against those
considered “outsiders” or foreigners, thereby denying them enjoyment of fundamental
rights and freedoms.
33.
In the Durban Declaration, Member States of the United Nations noted that
“xenophobia against non-nationals, particularly migrants, refugees and asylum seekers,
constitutes one of the main sources of contemporary racism” and that “human rights
27
10
Durban Declaration, para. 18.