Ad Hoc Committee on Complementary Standards Hate Crimes
Thank you, Mr. Chairperson,
I have the honour to speak on behalf of the cross-regional group on Complementary Standards, namely, the delegations of Argentina, Brazil, Chile, Colombia, Dominican Republic,
Guatemala, Japan, Mexico, the Republic of Korea, Switzerland and Uruguay. Panama also joins this intervention.
Our Group is of the opinion that the question of hate crimes deserves full consideration within the discussions of this Ad Hoc Committee. The issue of hate crimes is also addresed in paragraph 59 of the Outcome Document of the Durban Review Conference. We recognize that victims can also be subject to hate crimes on the basis of racism and on other grounds of discrimination.
There is no justification for the commission of hate crimes on the basis of racism or situations of multiple discrimination that are explicitly mentioned in the DDPA, i.e. sex, language, religion, political or other opinion, social origin, property, birth or other status. In addition, we also need to highlight that that there is no justification for the commission of hate crimes on any other basis, including nationality, gender identity and sexual orientation.
In this regard, it should also be highlighted that many migrants, refugees, IDPs as well as lesbian, gay, bisexual and transgender people, face multiple discrimination as a result of the intersections of race and other elements (i.e. nationality or sexual orientation). These people are more likely to be subject to violence and in some cases are targeted within the framework of laws criminalising their personal condition.
There is a need for more understanding of this issue, including the intersectionality of hate crimes based on racial discrimination and multiple and aggravated forms of discrimination, and how to address those problems.
For this reason, our Group proposed that the Ad Hoc Committee on Complementary
Standards should consider compiling national legislation in the field of hate crimes to gather more information and, if deemed appropriate, consider preparing guidelines or model
provisions.
I thank you Mr. Chairperson.