ACFC/56DOC(2016)001
and cultural practices and backgrounds, and who often live in the country as citizens,
whether naturalised or by birth.82 It is essential that all segments of society, majorities and
minorities alike, are addressed in order for integration strategies to effectively facilitate the
formation of societal structures where diversity and respect for difference are acknowledged
and encouraged as normal, through recognition, mutual accommodation and active
engagement on all sides.83
b) Protection from hostility and hate crime
55.
Article 6(2) contains the obligation of states parties to protect all persons against
violence and discrimination on ethnic grounds, in other words not only persons belonging to
national minorities. Minorities cannot thrive in a society in which diversity is not tolerated or
even serves as a pretext for hate crimes and discrimination. This is why it is vital that all
states parties strive to apply and achieve the aims of Article 6 of the Framework Convention
fully, even those states parties that have explicitly declared that they have only ratified the
Framework Convention out of solidarity.
56.
The Advisory Committee considers that ethnically based violence must be recognised
as an especially nefarious form of violence that concerns and threatens society as a whole,
and must thus be resolutely opposed and prevented. In order to address hate crime in a
comprehensive manner, criminal codes must contain appropriate provisions that criminalise
hate speech, threats and violence based on ethnic grounds as well as public incitement to
violence and hatred. In addition, racial motivation must be considered an aggravating
circumstance of any offence and law enforcement agents should be appropriately trained to
ensure that racially or ethnically motivated attacks and discrimination are identified and
recorded, as well as duly investigated and punished through targeted, specialised and
prompt action.
57.
Fear of discrimination or even violent attack may discourage persons belonging to
national minorities from enjoying their right to free self-identification. The downplaying of
ethnically based violence as “hooliganism” or the usual wrongdoings of youth can lead to
perceptions of tacit approval of such actions by law enforcement agents and thereby
dramatically weaken efforts to promote respect and dialogue among different groups. In
order to protect individuals from such attacks, it is therefore of equal importance that any
such incidents are promptly and unequivocally condemned by senior public figures and
community leaders at all levels, and that appropriate messages are communicated to the
public through the media and government information channels.
58.
The Advisory Committee refers in this context to other bodies with the specific
mandate and expertise to address issues related to racial discrimination and protection from
hate crime.84 It notes in particular the role of the European Commission against Racism and
Intolerance (ECRI) in assessing the applicability and effectiveness of anti-discrimination tools
and mechanisms, whose monitoring work and reports are central for a systematic
82. See consecutive Opinions on Liechtenstein, for example.
83. The OSCE HCNM has taken a similar approach. The Ljubljana Guidelines on Integration of Diverse Societies,
adopted in 2012, define integration as a process that requires all members of society to accept and create a
shared sense of belonging to a given state and common public institutions. See the Ljubljana Guidelines on
Integration of Diverse Societies, OSCE HCNM, November 2012.
84. See in particular the UN Committee on the Elimination of Racial Discrimination and the OSCE/ODIHR hate
crime reporting initiative.
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