A/HRC/20/38
The Special Rapporteur draws the attention of States and relevant actors to prejudice and
behaviour that tends to stigmatize and place individuals into a single category. Like his
predecessor, he recalls that the identity of each individual is made up of a multitude of
components, including gender, age, nationality, profession, sexual orientation, political
opinion, religious affiliation and social origin (A/HRC/14/43, para. 13). He calls for further
tolerance, mutual understanding and respect for all, without prejudice, stereotyping or
discrimination of any kind. In this regard, it is essential that appropriate measures be taken
by States to address the multiple and often interlinked forms of discrimination faced by
individuals on the basis of their race, colour, descent, national or ethnic origin and sexual
orientation.
9.
The Special Rapporteur shares the view of the High Commissioner that States
should investigate promptly all reported killings and other serious incidents of violence
perpetrated against individuals because of their actual or perceived sexual orientation or
gender identity, whether carried out in public or in private by State or non-State actors
(A/HRC/19/41, para. 84 (a)), including extremist movements and groups, and to hold the
perpetrators accountable. Indeed, reports received indicate that racist, xenophobic and
intolerant acts perpetrated by persons belonging or linked to extremist political parties,
movements and groups are not always prosecuted or adequately sanctioned. In this regard,
the Special Rapporteur received information about a case regarding the murder of nine
migrants by a neo-Nazi group during a 13-year crime spree, which the authorities allegedly
failed to adequately investigate. Cases of law enforcement agents, including the police,
refusing to record and investigate acts of racial violence perpetrated by individuals linked to
extremist movements, groups or political parties were also often reported. Yet without
investigation and prosecution, the rights of the victims to justice, including access to
effective remedies and reparation, remain hampered. Some reports further indicate that in
some instances, police officers did not intervene to stop harassment, verbal abuse and
violent attacks targeting, in particular, members of minorities, including Roma. Similarly,
the Special Rapporteur notes with concern that racist crimes committed by individuals
linked to extremist groups are sometimes sanctioned by light sentences. As an illustration,
he highlights the case reported about a neo-Nazi supporter who was sentenced to 400 hours
of community labour for having gravely attacked a Roma.7
10.
While the Special Rapporteur notes with appreciation measures taken to end the
recruitment of police officers from extreme right-wing groups, and specific training
provided by civil society actors to law enforcement agents on recognizing and dealing with
hate crimes as well as threats posed by extremist movements and groups, he urges States to
duly prosecute and sanction those responsible for racist and xenophobic violence, while
taking into account the rights and interests of the victims. He also urges States to ensure
that mandatory training on human rights, including on how to address racially motivated
crimes committed by individuals linked to extremist political parties, movements and
groups, are provided to law enforcement agents, including the police. Furthermore, the lack
of data remains an important obstacle to effectively addressing racist, xenophobic and
intolerant crimes by individuals closely linked to extremist political parties, movements and
groups. In this regard, the Special Rapporteur reiterates, as his predecessor, the importance
of collecting accurate data on racist and xenophobic crimes. He further encourages States
and civil society actors to establish systems for recording, reporting and monitoring racist
incidents and to encourage the victims of racist acts to report them.
7
6
Alternative report submitted to the Committee on Racial Discrimination at its 79th session (8 August2 September 2011).
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