A/HRC/28/81 D. Summary of the expert presentation and initial discussion on the topic of “Xenophobia” 101. The topic of “Xenophobia” was discussed at the 11th meeting on 14 October. A presentation was made by Mr. Ioannis Dimitrakopoulos, Head of the Equality and Citizen’s Rights Department at the EU Fundamental Rights Agency. He provided an overview of the work of the Fundamental Rights Agency (FRA), which is a body of the European Union, created in 2007. He stated that FRA undertakes data collection and analysis to assist EU institutions and Member States in their efforts, as duty bearers, to comply to European and international human rights standards reflected in the EU treaties and the EU Charter of Fundamental Rights. 102. He explained that the Agency’s mandate was to collect reliable, comprehensive and comparable data through a series of EU-wide surveys on discrimination and hate crime by interviewing large random samples of different target populations. The surveys target specific population groups, such as migrants and minorities, and select random samples who are asked how they are treated, if they experience discrimination and intolerance, and if their human rights are fulfilled. The surveys gave individual rights holders a voice through FRA reports which reach decision and policy makers, assisting the development of evidence-based legal and policy responses. 103. He pointed out that data published by law enforcement agencies and criminal justice systems in the EU Member States show great fluctuation between 2011 and 2012 in officially recorded crime in the EU with racist, xenophobic, anti-Roma, anti-Semitic or Islamophobic/anti-Muslim motives. In some countries there was a decrease in officially recorded racist crimes, while an increase of the same in other countries. Mr. Dimitrakopoulos noted that official data are not comparable, as they are collected using different methodologies, they are also not always comprehensive and cannot show the full extent of the problem, as hate crime tends to be both under-reported and under-recorded. 104. Mr. Dimitrakopoulos highlighted the fact that the results of large-scale surveys carried out by FRA, which target specific population groups, show that hate crime and discrimination remain a problem for a sizeable proportion of respondents. At the same time, the results also show that victims and witnesses of such crimes and discriminatory treatment often do not report, to law enforcement, the criminal justice system, other competent public bodies, NGOs or victim support groups. Between 57% and 74% of incidents of assault or threats experienced by members of minority or migrant groups surveyed in the EU were not reported to the police. He said that the main reasons for nonreporting for all these respondents include that “nothing would change” by reporting incidents, that “such incidents happen all the time”, and that they ��did not trust the police”. 105. In order to tackle the problem of hate crime, the EU has put in place a broad set of legal and policy measures, including criminal legislation penalizing public incitement to violence or hatred on the basis of race, colour, religion, descent or national or ethnic origin; legislation prohibiting discrimination on the grounds of racial or ethnic origin and religion; and also the provision of financial support to address racism, xenophobia, and related intolerance through financial instruments, such as the Fundamental Rights and Citizenship Programme and the Programme for Employment and Social Solidarity. In 2012, a directive establishing minimum standards on the rights, support and protection of victims of crime required individual assessments to take into account personal characteristics of the victim, including ethnicity, race, religion, sexual orientation, disability, residence status, and gender identity or expression. The assessments should also take account of whether it is a hate crime, or a crime committed with a discriminatory motive. 42