A/HRC/41/54/Add.2 Ireland) Order 1997 (as amended).10 The Order prohibits certain forms of discrimination, victimization and harassment on racial grounds, defined as including colour, race, nationality, ethnic or national origin, and belonging to the Irish Traveller community. It prohibits racial discrimination in the areas of employment; education; the provision of goods, facilities or services; and the disposal or management of premises.11 Although the Order provides important protection against racial discrimination, the Equality Commission for Northern Ireland has identified significant shortcomings and gaps in the legal framework governing racial equality in Northern Ireland, which requires urgent reform to bring it in line with legislation in force in the rest of the United Kingdom and international human rights standards.12 The Commission has highlighted, inter alia, the lack of protection from intersecting and multiple forms of discrimination, as well as the lower levels of protection against racial discrimination on grounds of colour and nationality. 13 During the visit of the Special Rapporteur, the Northern Irish authorities noted that a review of the nation’s racial equality framework was initiated in 2018, in accordance with commitments made in the Race Equality Strategy 2015–2025.14 The Special Rapporteur welcomes this step and highlights that a comprehensive and timely review is crucial for ensuring compliance by the United Kingdom with its international human rights obligations. 10. In England and Wales, criminal law provisions address “racially or religiously aggravated offences”;15 prohibit acts and the possession of material “intended or likely to stir up racial hatred”;16; and enhanced sentencing “for racial or religious aggravation”. 17 Similar provisions exist in Scotland and Northern Ireland. Nonetheless, civil society in England and Wales has expressed concerns with this legal framework, most notably with the difference in legal standards applicable to racially and religiously motivated hate crimes. In contrast to racially motivated hate crimes, intent is required in cases of religiously motivated hate crimes.18 In practice, the different standards mean that certain groups enjoy lower levels of protection and that accountability for hate crimes against religious groups is much harder to secure. This is an acute problem for Muslims, who are the frequent targets of hate crimes in the United Kingdom. Where individuals are targeted for “looking” or “behaving” Muslim, and where perpetrators conflate religion with race, as is often the case in the United Kingdom, this difference in legal standard introduces evidentiary barriers that diminishes victims’ capacities to claim their rights and to take full advantage of available legal protections. The Special Rapporteur urges the United Kingdom to address the relevant discrepancies in its hate crime legislation review, initiated in early 2019. 19 11. Although the United Kingdom has passed legislation to provide for the incorporation of European Union law into domestic legislation, the withdrawal bill stipulates that the Charter of Fundamental Rights of the European Union will not be “part 10 11 12 13 14 15 16 17 18 19 4 www.legislation.gov.uk/nisi/1997/869/contents. Other relevant legislation in Northern Ireland includes the Northern Ireland Act 1998, section 75 of which requires public authorities to promote equality of opportunity between different racial groups, and the Criminal Justice (No. 2) (Northern Ireland) Order 2004, which includes provisions on racially motivated hate crime. www.equalityni.org/ECNI/media/ECNI/Publications/Individuals/RaceDiscrim ShortGuide2010.pdf. See www.equalityni.org/ECNI/media/ECNI/Publications/Delivering%20Equality/RaceLawReformFullReport.pdf, www.equalityni.org/ECNI/media/ECNI/Consultation%20Responses/2014/Gaps-inEquality-Law-in-GB-and-NI-March-2014.pdf and www.equalityni.org/DeliveringEquality/Addressing-inequality/Law-reform/Related-work. See, e.g., www.equalityni.org/ECNI/media/ECNI/Publications/Delivering%20Equality/Proposals _for_legislative_reform060209.pdf?ext=.pdf, pp. 5–6. www.executiveoffice-ni.gov.uk/sites/default/files/publications/ofmdfm/racial-equality-strategy-20152025.pdf, chap. 5. Crime and Disorder Act 1998 (as amended), arts. 28–33 (www.legislation.gov.uk/ukpga/1998/37/contents). Public Order Act 1986 (as amended by the Racial and Religious Hatred Act 2006), arts. 17–29 (www.legislation.gov.uk/ukpga/1986/64/contents). Criminal Justice Act 2003, art. 145 (www.legislation.gov.uk/ukpga/2003/44/contents). Public Order Act, art. 29B-F. www.lawcom.gov.uk/project/hate-crime/.