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Resolution 1967 (2014) Final version
A strategy to prevent racism and intolerance in Europe
1. Racism, hatred and intolerance
are long-standing problems in Europe. Over the last decade, however, despite
Council of Europe member States having strengthened their legal
framework against hate crime and hate speech, physical and verbal
expressions of intolerance against individuals belonging to some
groups have increased both in gravity and in number.
2. The effects of the economic crisis on the social fabric and
governments’ failure to devise and implement adequate policies on
social cohesion, migration and Roma inclusion have triggered this
upsurge, which has been amplified by the increasing use of the Internet
and social media.
3. A report by the European Network Against Racism has emphasised
the responsibility borne by political decision makers who, on the
pretext of not remaining silent on real problems, issue dangerous
and stigmatising statements against certain communities. The rise
of the far right and its rhetoric may also influence conventional
political discourse.
4. The fact that some national legislation does not consider
racist insults and discrimination as criminal offences effectively
sends out a negative signal to European populations, as there is
no provision for any official sanction against these actions.
5. The Parliamentary Assembly believes that it has become urgent
to address racism, hatred and intolerance in Europe through a strategic
rather than a piecemeal approach. The urgency becomes even more acute
considering that these phenomena have repercussions that go well
beyond the single individuals that are directly targeted: they affect
entire groups, leading to group victimisation; they create divides
in society between different groups, affecting human rights and
social cohesion; and they erode even further the trust in public
authorities, the rule of law and ultimately democracy.
6. A strategic approach to racism, hatred and intolerance implies
the introduction or strengthening of a comprehensive legal framework,
accompanied by greater efforts to ensure its effective implementation.
The strategy should place emphasis on prevention, awareness raising
and human rights education, while relying on the Internet and social
media as valuable tools to reach out to a wider public.
7. Government representatives and politicians in general should
lead the efforts to eliminate racism, hatred and intolerance with
resolve and set an example by publicly challenging, rejecting and
condemning expressions of hatred, from whatever quarters they come.
In this regard, the Assembly expresses its support for the Declaration
of Rome against racism and intolerance, which was signed by 17 ministers
of European Union member States in September 2013.
8. In the light of these considerations, the Assembly calls on
the Council of Europe member States to:
8.1. as regards the legal framework on hate speech and hate
crime, and its implementation:
8.1.1. ensure that the legal
framework on hate speech and hate crime includes the broadest possible
range of discriminatory motives, including sex, race, colour, ethnicity,
language, religion, disability, migrant status, sexual orientation
and gender identity;
8.1.2. require mandatory recording, investigation and public
prosecution of suspected hate crimes;
8.1.3. introduce binding guidelines for law-enforcement officials
to ensure that any alleged hate motive associated with a crime is
promptly, impartially, effectively and thoroughly investigated and
duly taken into account in the prosecution and sentencing of those
crimes;
8.1.4. train criminal justice personnel, including prosecutors
and judges, on how to deal with hate crimes and work with victims;
8.1.5. ensure that the hate motives behind a crime are explicitly
mentioned in judicial decisions;
8.1.6. encourage victims and witnesses to report hate speech
and hate crimes to the authorities, by:
8.1.6.1. circulating,
as widely as possible, information on how to report them;
8.1.6.2. ensuring that reporting can be done on the Internet and
in other ways that are easily accessible;
8.1.6.3. waiving any fee for reporting or lodging a complaint;
8.1.6.4. ensuring that, when they are in an irregular situation,
those who report cannot be expelled while co-operating with law-enforcement
authorities;
8.1.7. sign and ratify the Additional Protocol to the Convention
on Cybercrime concerning the criminalisation of acts of a racist
and xenophobic nature committed through computer systems (ETS No.
189);
8.2. as regards data classification and collection:
8.2.1. collect and publish on an annual basis disaggregated data
on hate speech and crime, thereby enabling a better understanding
and comparability of patterns of victimisation and offending;
8.3. as regards prevention:
8.3.1. support the Council
of Europe campaign entitled No Hate Speech Movement;
8.3.2. organise large-scale awareness-raising campaigns on combating
racism, hatred and intolerance, also using the Internet and social
media;
8.3.3. promote the publication of educational material and the
provision of training on combating racism, hatred and intolerance
in schools;
8.3.4. ensure that law-enforcement officials are trained in diversity
and equality issues;
9. The Assembly invites its members to join the national committees
set up in the context of the No Hate Speech Movement and encourages
the Committee on Equality and Non-Discrimination to empower its members
to conduct campaigning activities against racism, hatred and intolerance,
in co-operation with their national parliaments. The Assembly also
calls on its members to co-operate more closely with the European Commission
against Racism and Intolerance (ECRI).
10. The Assembly invites national parliaments to adopt codes of
conduct for their members including safeguards against hate speech
and hate crime, on whatever grounds.