A/HRC/56/68/Add.1
concerned and disappointed that similar efforts to add caste to the list of protected grounds
in California’s anti-discrimination legislation were vetoed by the Governor, despite being
passed by both houses of the state legislator. Nor was the Special Rapporteur convinced by
the California Governor’s rationale that existing provisions provide protection from
caste-based discrimination. To the contrary, precision in specifying all forms of racial
discrimination is vital.
O.
Hate speech and hate crime
58.
The Special Rapporteur is deeply concerned by the high and growing levels of racist
hate speech, including online and offline hate speech, and hate crime. Data published by the
Federal Bureau of Investigation in 2022 recorded 11,634 hate crime incidents involving
13,337 offences.28 Such figures, despite being very high, are likely an underestimate, due to
gaps and weaknesses in hate crime reporting, including the fact that the reporting of hate
crimes by law enforcement agencies to the Federal Bureau of Investigation is voluntary, as
well as fear and mistrust in reporting among the communities affected. The Special
Rapporteur perceives hatred, othering and stereotyping to be key features of systemic racism
and white supremacy and is concerned about the growing prevalence and mainstream
acceptance of racial hatred, including the use of hate speech among political figures. She
commends measures to address hatred, including the Attorney General’s Memorandum on
Improving the Department’s Efforts to Combat Hate Crimes and Hate Incidents, the
COVID-19 Hate Crimes Act and the Emmett Till Antilynching Act.
P.
Anti-Black racism and hatred against those of African descent
59.
The Special Rapporteur is alarmed by information indicating that hate crime against
people of African descent continues to be the most common form of such hatred. 29
Extremism, accelerationist ideologies, white supremist ideas, and the glorification of terrorist
activities targeting those of African descent have become significantly more integrated in
mainstream society and politics. They are also more widely disseminated, including through
the sharing and amplification of such hateful materials on mainstream social media platforms.
These forms of racist hatred have motivated many horrifying race-based hate crimes,
including mass shootings in El Paso, Texas; Buffalo, New York; and Jacksonville, Florida.
60.
While welcoming broad government initiatives on hate incidents, the Special
Rapporteur was concerned by the absence of information she received during her visit about
specific, targeted measures to address pervasive hatred against people of African descent.
Q.
Anti-Asian hate
61.
The Special Rapporteur received concerning information about high levels of
anti-Asian hatred, including verbal harassment, bullying, microaggressions, and
discriminatory treatment in shops and on public transport. It was described to her how Asians
experienced cyclical patterns of hate, which often involved scapegoating Asians for adverse
events, such as the COVID-19 pandemic. The Special Rapporteur was deeply concerned by
reports of violent hate crimes, including fatal incidents, believed to potentially be motivated
by racial scapegoating of Asians for the COVID-19 pandemic.
62.
The Special Rapporteur welcomes steps taken at the federal level to address anti-Asian
hate, including the COVID-19 Hate Crimes Act and the Presidential Memorandum
Condemning and Combating Racism, Xenophobia and Intolerance Against Asian Americans
and Pacific Islanders in the United States. She also welcomes federal legislation, such as
28
29
14
Federal Bureau of Investigation, “FBI releases 2022 hate crime statistics”, available at
https://www.justice.gov/hatecrimes/hate-crime-statistics.
FBI, “Crime Data Explorer”, available at
https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/explorer/crime/hate-crime.
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