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Muslims and those perceived as Muslim. This is particularly the case in countries
where Muslim identity is racialized or considered foreign. In a national security
context, the rhetoric and fear contribute to the legitimization of violence and
discriminatory acts of State officials. In many countries, affected groups and
communities thus experience an increased incidence of racism and xenophobia,
including hate crimes. Furthermore, the constant surveilla nce experienced by many
minority and migrant communities has a chilling effect on their freedom of
expression and undermines interpersonal and familiar relationships, as well as
religious practice.
44. The Special Rapporteur notes that, in the absence of effective integration
policies, experiences of racism and xenophobia are often accompanied by political,
social and economic exclusion. This leads many minority and migrant communities to
feel marginalized and alienated. A recent survey conducted in the European Union
found that Muslim respondents who felt discriminated against and/or experienced
harassment or violence because of their ethnic or immigrant background showed
lower levels of trust in the legal system and the police, as well as a lower level of
attachment to their country of residence.57 Racially motivated hate crimes often go
unreported because victims lack confidence in the ability or willingness of the police
to provide them with access to justice and appropriate remedies. 58
45. The Special Rapporteur expresses concern that the discrimination and exclusion
experienced by certain groups in the context of counter-terrorism creates new
grievances and escalates existing tensions between the majority and minorities in
some countries. Concerns have been expressed that terrorist groups exploit such
grievances in their recruiting strategies and that counter -terrorism measures may
therefore have counter-productive effects. In the United Nations Global CounterTerrorism Strategy ethnic, national and religious discrimination, political exclusion
and socioeconomic marginalization are recognized as some of the factors conducive
to the spread of terrorism. 59 In a preparatory report for the Strategy, it was argued that
exclusion or discrimination on the basis of ethnic origin or religious belief, and the
failure of many countries to integrate minorities or immigrants, create grievances that
can be conducive to the recruitment of terrorist, including feelings of alienation and
marginalization and an increased propensity to seek socialization in extremist
groups. 60 While the Special Rapporteur agrees that such arguments are compelling, he
emphasizes the need for further evidence-based research in this regard.
C.
International, regional and national norms prohibiting racism and
xenophobia, especially in the context of countering terrorism
46. The Special Rapporteur draws attention to the various legal and normative
frameworks that have been adopted at the international, regional and national levels
to curb racism and xenophobia while countering terrorism.
1.
International standards
47. The Special Rapporteur recalls that the principles of equality and
non-discrimination are enshrined in all core human rights treaties. While these
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57
58
59
60
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European Union Agency for Fundamental Rights, Second European Union Minorities and
Discrimination Survey: Muslims — selected findings (Luxembourg, Publications Office of the
European Union (15 September 2017)).
European Union Agency for Fundamental Rights, “European Union minorities and discrimination
survey: main results” (2009), p. 135.
See General Assembly resolution 60/288.
A/60/825, para. 35.
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