A/HRC/28/81
112. The representative of Morocco stated that anti-discrimination policies often failed to
materialize at two levels, in EU Member States and in the European Union Commission
and he inquired about whether there were issues of political will or differences across
Member States. The delegate added that the Rabat Plan of Action could be a blueprint for
OHCHR action in the area of incitement to racial, national and religious hatred and asked
whether the FRA incorporated the Plan in its work.
113. The EU stated that the FRA produces reliable and comparable data, helping the EU
institutions and Member States at the national and regional level and its work is transparent
and publicly available. It was noted that racism is a global issue, affecting every society and
country everywhere in the world, and urged other regions to share similar experiences with
regard to data collection.
114. The United States of America highlighted the fact that there is no need for new
standards, rather better implementation of existing standards was required. With reference
to LGBT issues, the delegate also requested information about how the FRA decided which
specific grounds would be covered in their survey and data collection work, and whether it
was on the basis of European Union law or regulation.
115. The delegate of Pakistan, on behalf of the OIC, stated that religious intolerance in
many parts of the world was increasing and emphasized that ICERD does not have a
definition of xenophobia, which created several loopholes in the existing standards.
116. The delegate of Algeria asked whether the FRA interacted with the European
Commission “European barometer work” and whether racial discrimination is considered in
those surveys. The delegate inquired how the European Charter was implemented on the
ground, and whether the FRA analysed the implications of case law related to xenophobia
and hate crime. Adding that preventative approaches, such as human rights education and
good practices are useful, there are, nonetheless, certain limits which require legal and
policy measures and that legal issues are part of a preventative approach. It was added that
when victims are forced to take their cases to the European Court of Human Rights, there is
likely a lack of protection.
117. In reply, the presenter noted that concerted and continuous efforts are required,
particularly in the area of education, as that is where young people learn how to live in
multicultural societies. He said that moving from a homogeneous to a multi-ethnic society
will take some time. He stated that the manifestation of Islamophobia varied, depending on
the Member State, and that there could be different reasons why Muslims would be treated
differently. The fact that victims could not distinguish between ethnic or religious
discrimination shows that they are intertwined. He noted that it is important to empower
victims to seek redress and improve the way police handle hate crimes. He added that
definitions could be discussed at length; however, it was important to see what people
experienced on the ground. In his view, there is sufficient case law that provides
definitions.
118. The delegate of Morocco highlighted the fact that perhaps victims were unable to
distinguish the exact grounds for the discrimination they faced because they faced multiple
forms of discrimination. He noted that surveys might not be the appropriate approach to
collect data about racial discrimination. He emphasized the need for victim-centred
approaches, as the victim of the discrimination might not be in a position to reply
adequately to the survey and that the understanding of a question, and hence the responses,
could change from one survey respondent to another.
119. The delegate of the Republic of South Africa pointed out that it had not been stated
that racism, racial discrimination, xenophobia and related intolerance are necessarily
attributed to one particular region, and noted that the persistence of xenophobia is a
rejection of multiculturalism.
44
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