A/HRC/53/62
events that may involve a form of discrimination, intolerance or hateful behaviour. Its
composition includes experts in the field of hate crimes, discrimination and intolerance. The
law also mandates the Office for Equal Treatment and Non-Discrimination to promote and
strengthen community projects to prevent racist discourses and social disharmony.
57.
A draft bill against racism in all its forms and expressions regulates the duty of public
administration personnel to intervene as soon as they have a well-founded suspicion or
knowledge of a situation of risk or the existence of racial discrimination. In such cases, public
administration personnel must apply appropriate and timely measures to put an end to the
situation of racial discrimination. In the event that the case could constitute a criminal
offence, in accordance with current regulations, such personnel must inform the Office of the
Public Prosecutor or the Office of the Prosecutor for Hate Crimes. The establishment of the
Office of the Prosecutor for Hate Crimes has been a step forward in the recognition of hate
crimes. However, according to the information provided, human rights organizations have
denounced the use of the Office’s mandate to prosecute social protest and to protect the right
of freedom of expression of those espousing fascist ideologies, including political parties
such as Vox. According to the information provided, this demonstrates that the current
Spanish legal framework is insufficient when it comes to condemning the glorification of
fascism. Despite the efforts of the Barcelona Hate Crimes Prosecutor to educate and to
prepare guidance for civil society organizations, there is limited knowledge among the
general population about the legal framework for hate crimes.
58.
According to the information provided, the response of Spain has focused on
awareness campaigns and programmes combating hate speech through the Spanish
Observatory on Racism and Xenophobia. However, its effectiveness is reportedly limited
because of a lack of effective coordination with regional governments, civil society
organizations and universities. In addition, Spain has reportedly tended to leave the care of
victims of discrimination and related crimes in the hands of a few civil society organizations,
which lack sufficient funding. The information provided describes a case in which two users
of the social media platform Twitter, who had auctioned off the Afro-descendent journalist
Mohamed Gerehou on the Internet, were convicted. In that case, the Madrid High Court
recognized the moral and psychological damage inflicted on the victim.
Center for International Law
59.
According to the information provided by the Center for International Law
(CenterLaw) in the Philippines, individuals, organizations and human rights defenders have
been subject to “red-tagging” by the armed forces, a term defined as to label, brand or
stigmatize as or accuse of being left-leaning or a subversive, communist or terrorist.
CenterLaw defines red-tagging as a form of incitement to violence and threatening rhetoric
against human rights defenders and other critics of the Government. It is reportedly a tactic
that puts the life, liberty and security of human rights defenders at risk, hampers legitimate
human rights activities and erodes trust between the Government and civil society actors. As
observed by the Special Rapporteur on extrajudicial summary or arbitrary executions on his
visit to the Philippines in 2007, the vilification, labelling or assumption of guilt by association
of human rights advocates and religious groups is among the most important underlying
causes of extrajudicial killings in the Philippines. Multiple human rights mechanisms have
reportedly expressed their concern about reports of the red-tagging of human rights
defenders, activists and other members of civil society, further exposing them to death
threats, intimidation, attacks, arbitrary arrest and detention, enforced disappearance and
extrajudicial killing.
60.
Despite the prevalence of red-tagging in the Philippines, there are reportedly no
specific legal provisions that punish the practice. Two bills pending before Congress are
aimed at defining and penalizing the crime of red-tagging.
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