Freedom from hate State of the World’s Minorities and Indigenous Peoples 2014 Events of 2013 State of theWorld’s Minorities and Indigenous Peoples 20141 Events of 2013 Front cover: Roma gather in Athens, Greece, demanding equal treatment and better living conditions. Spirofoto/Demotix. Inside front cover: A woman from an occupational minority community in Somaliland. Susan Schulman. Inside back cover: Adivasi woman and child, India. Robert Wallis/Panos. Acknowledgements Support our work Minority Rights Group International (MRG) Donate at www.minorityrights.org/donate gratefully acknowledges the support of all MRG relies on the generous support of institutions organizations and individuals who gave financial and individuals to help us secure the rights of and other assistance to this publication, including minorities and indigenous peoples around the CAFOD and the European Union. world. 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Freedom from hate State of theWorld’s Minorities and Indigenous Peoples 20141 Events of 2013 Edited by Peter Grant Minority Rights Group International Introduction 6 Foreword Rita Izsák, UN Special Rapporteur on minority issues Part 1 Thematic essays 10 Hate crime: contexts and consequences Barbara Perry 18 Defining and diminishing hate speech Susan Benesch 26 Gender-based hatred against minorities and indigenous peoples – impacts and ways forward Nicole Girard 34 The role of hate speech and hate crime in the escalation of identity conflict Chris Chapman 40 Using the law to protect against hate crimes Lucy Claridge Part 2 Regional overviews 50 Africa Brilliant Mhlanga, Inga Thiemann Paige Wilhite Jennings, Laura A. Young 82 Americas Antonio Cicioni, Phyllis Gerstenfeld, Janet Oropeza Eng, Cecilia Toledo, Natalia Torres 106 Asia and Oceania Dawood Ahmed, Nicole Girard, Hanna Hindstrom, Gabriel Lafitte, Katya Quinn-Judge, Jacqui Zalcberg 162 Europe Paul Iganski 188 Middle East and North Africa Glenn Payot Part 3 Peoples under Threat 206 Peoples under Threat 2014: hate crimes and mass killing Mark Lattimer Part 4 Reference 222 Status of ratification of major international and regional instruments relevant to minority and indigenous rights 234 Selected abbreviations 235 Contributors 239 Acknowledgements Foreword Rita Izsák, UN Special Rapporteur on minority issues 6 Foreword State of the World’s Minorities 2009 nfortunately, no country or society Sudan, Syria, the United States and Uzbekistan is completely free from hatred and regarding concrete cases of threats, harassment, U it is often minorities who are the intimidation and attacks against ethnic, religious targets of that hate. But what are the causes or linguistic minorities. of that hatred and how does it evolve from There have been intensive discussions within a thought or a viewpoint, to infect a whole the United Nations system about the importance society or result in acts of violence? This is an of prevention of mass atrocity crimes such essential question that we must become better as ethnic cleansing or genocide, and how to at answering if we are to effectively confront become better at spotting and responding to the hatred in all its forms. My work reveals that, very early warning signs. The truth is that we have often, hatred is constructed, fuelled, maintained already failed if our attention is only captured and directed by certain individuals or groups by situations when people have already started against those individuals and communities who attacking and killing each other. Governments, are different from themselves – different in their civil society and the international community ethnicity, language or religion from the dominant must be alert to the warning signs much majority – often for political reasons or due to earlier: when the first words of hate speech are long-standing and entrenched discrimination. uttered, when media start to promote negative Hateful messages may fall on particularly fertile stereotypes, or once there is an atmosphere ground where there are wider social, economic or of discomfort and animosity when minorities political problems or divisions in society. exercise their right to use their language publicly I have found that the root causes of hatred or practise their religion. We must find ways often lie beyond purely ethnic or religious to truly hear and understand the feelings and difference. Such hatred very often stems from concerns of minority people, and not make quick wider societal shortcomings, including the or easy assumptions that minorities feel secure lack of access or unequal access to resources; because of Constitutions and laws that codify partisan politics; corruption; and the reality or minority rights on paper. the perception of bias and favouritism along I have been genuinely shocked by my own ethnic or religious lines, which can fuel distrust, recent exposure to hate speech with regard to suspicion and anger. This was made clear to me the Black Pete figure in the Dutch ‘Sinterklaas’ during some of my country visits, where I found celebration, a tradition which many believe evidence that such factors create the conditions perpetuates a negative stereotype and derogatory under which the roots of tensions and hatred image of Africans and people of African descent. can emerge and take hold. I have also found that With several other mandate-holders, I had sent where inclusive governance, equality and human a letter to the government of the Netherlands rights prevail and communities have placed trust raising concerns that many people consider in their leadership, there were fewer communal aspects of this tradition to be racist and highly fractures and concerns about minority rights. offensive. Shortly after the letter was made In my role as the United Nations Special public, my Facebook page was flooded by hostile Rapporteur on minority issues since 2011, and intolerant messages that drowned out the I have received numerous complaints and moderate and concerned voices. Some people of letters from minority groups from all regions African descent and others contacted me to tell reporting allegations of hate-based human me that the extreme and often racist social media rights violations, including attacks against reaction to their complaints had left them feeling individuals, communities, their properties or fearful and anxious about repercussions – some places of worship. I have written letters to decided to stay silent and no longer voice their numerous governments, including among others, legitimate concerns. those of the Central African Republic, China, The above example and many others like it Czech Republic, Dominican Republic, Egypt, from different regions have clearly proved to Ethiopia, France, Indonesia, Kyrgyzstan, Libya, me that there are legitimate grounds to limit Myanmar, the Netherlands, Pakistan, Sri Lanka, freedom of speech when that speech includes, State of the World’s Minorities Foreword 7 and Indigenous Peoples 2014 is motivated by, or seeks to incite racial, whether physical or verbal. religious or other forms of hatred. Some scholars It is hard to talk about upholding the values take the view that the right to freedom of of democracy and equality if certain groups are expression should be absolute. They refer to the completely excluded from participating in or fundamental nature of democracy and the social shaping that democracy in practice. Equally, contract under which everyone has the right to how can we talk about the pursuit of truth and express her or his views, suggesting that society justice if marginalized communities have no should not permit the exclusion of any views, access to public platforms and communication even if these are incompatible with democracy channels, and have no possibilities to influence or offensive and inflammatory. These theories public opinion, or to seek