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. 43

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