CERD/C/DEU/CO/18
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C. Concerns and recommendations
14.
While taking note of the explanations given by the delegation with regard to
legislative provisions preventing the State party from identifying ethnic groups in a census
or otherwise drawing a distinction between citizens on the grounds of ethnic, linguistic or
religious origin, the Committee expresses concern regarding the lack of statistical data in the
report of the State party on the ethnic composition of its population.
The Committee recommends that, in accordance with paragraphs 10 and
12 of its revised reporting guidelines (CERD/C/2007/1), the State party
provide information on the use of mother tongues, languages commonly
spoken, or other indicators of ethnic diversity, together with any
information derived from targeted social surveys performed on a
voluntary basis, with full respect for the privacy and anonymity of the
individuals concerned, so as to be able to evaluate the composition of its
population and its situation in economic, social and cultural fields.
15.
While noting the State party’s reservations with regard to the use of the term “race”,
the Committee is concerned that the State party’s strong focus on xenophobia, anti-Semitism
and right-wing extremism may lead to the neglect of other forms of racial discrimination.
The Committee is also concerned that the overall legislative design of key provisions of the
Criminal Code may not be sufficiently precise in relation to racist elements in crimes. In this
connection, the Committee also regrets the absence of a definition of racial discrimination in
the State party’s domestic legislation. (art.1)
The Committee recommends that the State party consider adopting a clear
and comprehensive definition of racial discrimination in its national
legislation, in accordance with article 1, paragraph 1, of the Convention.
The Committee also recommends that the State party broaden its approach
to combating racial discrimination with a view to countering such
discrimination in all its forms, including expressions of racist prejudices and
attitudes.
16.
While noting that the definition of the crimes in sections 86a and 130 of the Criminal
Code provides a basis for prosecuting crimes committed via racist propaganda on the
internet, the Committee remains concerned about reported incidents of hate speech,
including racist propaganda on the internet.(art.4 (a))
The Committee recommends that the State party increase its efforts to prevent
racially motivated offences including hate speech and racist propaganda on the
internet, and ensure that relevant criminal law provisions are effectively
implemented. The Committee recalls that the exercise of the right to freedom of
expression carries with it special duties and responsibilities, in particular the
obligation not to disseminate racist ideas. In this respect, the Committee
encourages the State party to ratify the Additional Protocol to the Convention
on Cybercrime.