A/HRC/32/50
violations against members of such groups occur widely in the context of discriminatory,
xenophobic and racist practices”.28 Member States also highlighted the continuing
vulnerability of Africans and people of African descent, Asians and people of Asian
descent, and indigenous peoples, to xenophobia and related intolerance. Indeed, xenophobia
is also often conditioned by other forms of bias and hierarchy, meaning that its targets will
often include those labelled outsiders for expressing particular gender characteristics,
working in certain economic sectors, falling within an age or income range, or holding
distinct religious beliefs. The contemporary rise of anti-Muslim sentiment in various
regions around the world highlights the vulnerability of religious minorities in communities
where they are socially or politically constructed as outsiders. In that regard, one could also
underscore the historical and lingering anti-Semitism in some parts of Europe.
34.
Victims of xenophobia and xenophobic discrimination are targeted on account of
their actual or perceived status as foreigners. Individuals or groups may be targeted as
foreign on account of the multiple and intersecting categories of race, colour, ethnicity,
religion, national origin, lineage, nationality, sex, gender, sexual orientation, social class
and language, among others. Thus, many manifestations of xenophobic discrimination are
proscribed under existing international, regional and national law prohibiting discrimination
on these multiple and intersecting grounds. Although existing international and regional
human rights law may not use the term “xenophobic discrimination”, it applies to that form
of discrimination where those who are considered “foreigners” or “outsiders” are targeted
on the basis of the prohibited grounds of discrimination. The applicable frameworks
discussed below apply to direct and indirect forms of discrimination, and in some cases to
discriminatory structures that unlawfully exclude non-nationals and other minorities that
are often subjected to xenophobia including Islamophobia, anti-Semitism,
Christianophobia, Romaphobia, Afrophobia and other forms of related intolerance.
35.
Frameworks for combating xenophobia and xenophobic discrimination should be
implemented bearing in mind the vulnerability of the groups concerned. While States
should carefully monitor incidents of discrimination against a wide range of potentially
vulnerable groups — inter alia, ethnic or religious minorities, migrants and refugees — the
responses to such discrimination should be designed and implemented in a manner that
does not turn difference into additional fuel for further abuse and into a foundation for more
vulnerability.” As a concrete example of such adverse effects, the European Commission
against Racism and Intolerance noted in its 2014 annual report that in some countries,
legislation against hate speech had been disproportionately used against the historical ethnic
and religious minorities that it was supposed to protect.
C.
Trends and manifestations
36.
The movement of millions of people due to conflict and persecution but also
to search for better economic and social opportunities has transformed a large number of
societies across the globe. According to the Department of Economic and Social Affairs,
there are now close to 244 million people living outside their country of citizenship,
representing a 41 per cent increase since 2000.
37.
With migration, an exacerbation of long-standing divides around, inter alia, race,
ethnicity, religion, cultural identities and geographic origins has been observed. These
tensions have often led to discrimination, including xenophobic discrimination, and at times
to conflicts.
28
Ibid, para. 16.
11