A/HRC/28/81
106. He stated that these responses are apparently not sufficient. At the level of
legislation, hate crime should recognize the motivations underlying it and the effect it has
on victims. At the policy level, this means implementing policies that will lead to collecting
reliable data on hate crime that would record, at a minimum, the number of incidents of
hate crime reported by the public and recorded by the authorities; the number of
convictions of offenders; the grounds on which these offences were found to be
discriminatory; and the punishments issued to offenders. This should be supplemented by
practical mechanisms to encourage victims and witnesses to report incidents of hate crime,
as well as mechanisms that would show that authorities are taking hate crime seriously. He
noted that the Fundamental Rights Agency has recently been asked to work together with
Member States, at their request, to assist them in efforts to develop effective methods to
encourage reporting and ensure proper recording of hate crimes.
107. According to the speaker, what is currently necessary, in the EU context, is not
additional legal standards, but rather the implementation of existing standards and effective
monitoring. The FRA seeks to achieve this by developing specific indicators based on the
model developed by the OHCHR, for measuring implementation of human rights standards.
He said that in future, FRA will work on indicators concerning racism, xenophobia and
related intolerance focusing on hate crime. He stated that indicators are neither designed,
nor suitable for, ranking Member States, but that their objective is to highlight the norms
and principles of fundamental rights enshrined in the EU treaties and translate these into
contextually relevant indicators for implementing and measuring progress made at national
level. He suggested that developing such indicators and populating them with data can
contribute decisively in promoting human rights standards by strengthening accountability
and empowering those most vulnerable and marginalized.
108. The delegate of Pakistan, on behalf of Organization for Islamic Cooperation, stated
that there has been an increase in religious intolerance and discrimination in many parts of
the world, and asked the speaker to elaborate on concrete steps taken by the FRA to curb
religious intolerance and discrimination in European Union Member States. With regard to
the collection of data, the delegate inquired about evidence regarding incitement to
imminent violence.
109. The representative of the USA requested additional information on quantitative
indicators, including their usefulness, advantages and limitations.
110. The delegate of the Republic of South Africa, on behalf of the African Group,
pointed out that the speaker’s comment on the need for complementary standards was a
moot point, as the World Conference against Racism in Durban had already identified a
need to elaborate complementary standards, in the form of an additional protocol or a
convention, and that now the question was how this would occur.
111. In his reply to the delegates’ questions, Mr. Dimitrakopoulos emphasized that the
FRA applies existing definitions, as it is not a standard-setting institution. He noted that
during the FRA’s surveys rights-holders are questioned directly, through a detailed
questionnaire which asks them whether they had experienced unequal treatment, rather
their general views on the subject matter. With regard to religious intolerance, the presenter
said that the survey respondents sometimes were not able to distinguish whether the
discrimination they faced was ethnic, racial or religious discrimination. He said that in
2009, the FRA published a report analysing the survey data of Muslim respondents and in
2012, a FRA survey focused on Jewish people living in nine EU Member States. He
cautioned that a survey is a snapshot at time, and therefore FRA is committed to repeat
surveys over a regular period of time to identify trends. These trends allow Governments to
target their measures more efficiently. He also said that developing indicators is not an easy
task, however, measurement of factors tends to attract notice. He stated that human rights
implementation is measurable.
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