A/CONF.189/PC.1/7
page 27
− In the United States of America, Jews identified with a community on religious,
cultural and ethnic grounds generally enjoy a privileged position, due in particular to
favourable legislation (the clauses on non-establishment and the free exercise of
religion; see E/CN.4/1999/58/Add.1, paras. 41-42). However, that should not hide
the fact that they suffer from “hate crimes”. In January 1998, for example, of the
8,734 crimes classed as “hate crimes”, 1,400 were “religion-motivated”, and of these
more than 1,100 (nearly 80 per cent) were directed against Jews; these crimes mostly
take the form of attacks on property and the desecration of cemeteries (ibid.,
para. 43). In most cases, but particularly those involving discrimination against
Arabs, it is important to note, as the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance has done, that
“manifestations of racism and xenophobia against Arabs are increasingly
accompanied by a form of ‘Islamophobia’. It is therefore difficult to separate acts of
racial discrimination from acts of religious intolerance, as each may reinforce or
encourage the other” (E/CN.4/1998/79, para. 36).
105. Similarly, the Special Rapporteur on religious intolerance notes that the situation of
Muslims in the United States is “problematic”; Muslim representatives have said that they feel
that there is both latently and openly a form of Islamophobia and racial and religious intolerance
in American society (E/CN.4/1999/58/Add.1, para. 36). This is an extremely important
observation and deserves some comment:
(a)
A large number of ethnic and religious communities or groups or, a fortiori,
minorities also seem to us to be concerned by this overlap between race and religion,
independently of their status in the territory of the State (nationals or foreigners) or their
numerical relationship with the rest of the population (minority/majority, minority/minorities) or
of the definition of a minority;
(b)
The fact that it is difficult to establish clear distinctions when dealing with double
or even triple (racial/religious/sexist) discrimination is merely proof that those guilty of
discrimination are not targeting exclusively the racial or religious identity of the victim. They
target both identities because in their minds they completely reject the other, either in a confused
way or otherwise, on the grounds of the other’s beliefs, religious practices, rites and myths, as
much as his racial, ethnic or even cultural origin.115 In fact, it is not simply the superimposition
of two single forms of discrimination. The conceptual difficulty pointed out by the Special
Rapporteur hides a form of aggravated discrimination that cannot be described in terms of a
single identity and thus cannot be governed by an ordinary regime.
(c)
Discrimination involving a majority and religious minorities claiming membership of an
ethnic group
106. Some religious minorities initially make no claims for membership that might distinguish
them from the rest of the population sharing with them the same racial or ethnic membership and
sometimes even many characteristics, including cultural characteristics. A sort of mutation takes
place when factors such as State policy, extremism, the spreading of racist ideas and incitement
to ethnic and racial hatred add an ethnic dimension to the minority religion. As pointed out by
the Special Rapporteur on racism, this takes the form of physical aggression, murders, attacks on