Legislation prohibiting Legislation protecting Other information or Examples of or Relevant policies in incitement to national, freedom of speech observations in relation information on relevant relation to incitement to

EUROPE racial and religious (Indicate relevant to of public discussion jurisprudence on hatred and/or freedom of hatred (Indicate relevant paragraphs and where of both. incitement to hatred speech paragraphs and where possible text) and/or freedom of possible text) speech Albania Constitution Constitution The main concern voiced by all Very few limited data exist on the Article 9 : 2) Political parties and Article 22 : 1. 1 . Freedom of non-governmental stakeholders implementation of the criminal other organizations, the programs expression is guaranteed. with regard to the media in law provisions relating to racism, and activity of which are based on Albania is the lack of discrimination and intolerance. totalitarian methods, which incite independence of some of the Two cases were brought before and support racial, religious, principal television channels, the courts in 2005 and 2006 regional or ethnic hatred, which rather than issues of racist under Article 266 of the Criminal use violence to take power or discourse. A Code of Ethics for Code (breaching public order by influence state policies, as well as the audiovisual media was inciting hatred towards segments those with a secret character, are adopted in 2006, which covers, of the population). prohibited pursuant to the law. inter alia, the need for the media to respect opinions of all kinds Source: ECRI Report on Albania, Penal Code of Albania while countering any form of 2010, available at: Law 10221 on the Protection discrimination on grounds of race http://www.coe.int/t/dghl/monitori against Discrimination . or religion (among other ng/ecri/Country-by- Article 1 : categories). Albanian authorities country/Albania/ALB-CbC-IV- have not yet enacted the 2010-001-ENG.pdf Regulation of the Closed secondary legislation necessary Centre for irregular foreigners. to ensure that the constitutional Article 2 - Every foreigner guarantees relating to racism can detained in the Centre shall be be effectively applied by the treated by the personnel of the ordinary courts. centre equally, correctly, reputably and without any Source: ECRI Report on Albania, discrimination, fully respecting his 2010, available at: private life (privacy). http://www.coe.int/t/dghl/monitori ng/ecri/Country-by- country/Albania/ALB-CbC-IV- 2010-001-ENG.pdf

Austria Basic Law It appears from the available The case law of the The Internet is monitored by the Article 2 : all citizens are equal data and the information supplied Constitutional Court has clarified Federal Agency for State before the law to ECRI by civil society and the sufficiently that the Federal Protection and Counter-Terrorism Austrian authorities that the Constitutional Act Prohibiting (Verfassungschutz und Constitutional Federal Act authorities are continuing to Racial Discrimination not only Terrorismusbekämpfung) of the Article 7 : (1) All federal nationals address this issue with due protects foreigners against Ministry of the Interior, which has are equal before the diligence by rigorously discrimination against other set up a facility to enable users to law. Privileges based upon birth, implementing the Prohibition foreigners, but also in relation to report any neo-Nazi, racist or sex, estate, class, or religion are Statute (Verbotsgesetz), and that Austrian nationals (see Decision anti-semitic material published on excluded. there has been no significant VfSlg. 15.668/1999 as well as the the Internet; they can also report increase in the activities of these decision of 25 November 2002, it to the ISPA (Internet Service Federal Constitutional Act on organisations in Austria in recent file number B 792/02, and most Providers Austria) which works abolishment of all forms of years. This Prohibition Statute recently the Decision of 21 June with the Ministry of the Interior racial discrimination (Verbotsgesetz) and the Insignia 2004, file number 531/02). and service providers. The Article 1 : (1) Any form of racial Act (Abzeichengesetz) contain Internet is also monitored by the discrimination – also to the extent other relevant provisions, such as With regard specifically to Federal Criminal Police Office not already in contradiction with making it an offence to set up, Section 33 (5) of the Criminal (Bundeskriminalamt), which 1 Article 7 of the Federal support or promote Nazi Code, no court decision cooperates with the Federal Constitutional Act as amended organisations aimed at implementing this provision has Agency for State Protection and 1929 and Article 14 of the undermining the sovereignty of been recorded. Counter-Terrorism. The scheme Convention for the Protection of the state or jeopardising public seems to have paid off, as the Human Rights and Fundamental order, to participate in such The Court Decision of 31 authorities have told ECRI that Liberties, Federal Law Gazette organisations, to deny or trivialise December 2001, requiring there have been relatively few No. 210/1958 – is forbidden. Nazi crimes using means topographical signs to be cases of the Internet being used Legislation and execution shall accessible to several persons, to bilingual where Slovene speakers to disseminate racist, xenophobic refrain from any discrimination for disseminate printed or other form more than 10 % of the or anti-semitic comments and the sole reason of race, colour of material of a racist nature, to population, has still not been material. Some NGOs, however, skin, descent or national or ethnic wear in public Nazi insignia or to executed. point to signs that the problem origin. distribute them. Section 283 of may have intensified in recent the Criminal Code was rarely In several of its decisions, the years. Criminal Code applied by the courts. It conceded Austrian Constitutional Court has In the field of education, the Section 33: It is especially an that this might be partly due to stated that “any differentiating authorities have taken steps to aggravating circumstance, if the the fact that, where it was linked treatment against and among address the disadvantaged perpetrator with National Socialist ideas, foreigners is only admissible if, educational position of non- 5. acted out of racist, xenophobic behaviour that constituted an and only to the extent, that there Austrian children and have or other particularly heinous offence under Section 283 was in is a discernible reasonable continued their efforts to reasons. fact prosecuted under the ground and the differentiating implement the principle of Prohibition Statute. Another treatment is not disproportionate.” intercultural education. Section 283 : (1) Whoever publicly reason, in its view, was that in This principle is firmly established In the field of employment, in a manner that is likely to order for Section 283(1) to be in case-law together with the legislative amendments which endanger the public order; applied, the act of incitement general principle of equality came into force in January 2006 commits, or incites, a hostile act must be likely to jeopardise public under Austrian constitutional law. extend the right to stand for against a domestic church or order and target a specific group, election to the Chamber of religious society or against by and that the elements constituting Source: ECRI Report on Austria, Labour (hitherto reserved for their affiliation to such a church or the offences contained in Section 2010, avaialable at: Austrian citizens) and religious community, a race, a 283 were not clearly defined, http://www.coe.int/t/dghl/monitori workscouncils (hitherto reserved people, a tribe or a State, is which resulted in them being ng/ecri/country-by- for EEA citizens) to all punished with imprisonment up to construed very narrowly in case- country/austria/AUT-CbC-IV- employees, irrespective of their two years. law. Anti-Muslim statements 2010-002-ENG.pdf nationality. In the field of housing, (2) Will be punished in the same made by the candidate of one of long-term resident third country way, who publicly incites against the above-mentioned far-right nationals, in all the Länder, are one of the groups referred to in parties in the Graz city council now eligible for social housing on section 1 or in an insulting elections were duly and very the same terms as Austrian manner violating human dignity or strongly condemned by senior citizens. contempt. figures, including the President As regards migrants, people who and the federal Chancellor, and came to Austria for the purpose Section 115 : (1) Any person who Parliament lifted the immunity of of family reunification can now publicly, or in front of several the individual concerned in obtain a permit entitling them to people, insults, mocks, November 2008 so that she could work after one year of residence. physically abuses or threatens be prosecuted under Section 283 There have also been moves to with physical abuse is punishable, of the Criminal Code. facilitate integration, such as the if not punishable under any other setting-up in Vienna of a special provision with a more severe Austria is not a party to the department within the municipal penalty, with of up to three Protocol No. 12 to the European council. At the same time, the months or a fine of up to 180 Convention on Human Rights, conclusion of an agreement daily. which lays down a general between the federal government … prohibition of discrimination. In and the Lander and the adoption addition naturalisation remains, in of new legislation have paved the Section 117(3 ): the offender of an principle, subject to renunciation way for an improvement in the act as referred to in § 115, can be of previous citizenship and, care provisions for asylum- pursuid by the public prosecutor, except for those which come seekers without resources and 2 if they act against the victim under the Prohibition Statute, the unaccompanied minors in because it is a member of a Criminal Law provisions against principle receive specialised care targeted group as referred to in § racism and intolerance are rarely and are the subject of appropriate 283 para 1 groups and consists applied; the same is true of monitoring. eitherof mistreatment or abuse or Austria’s criminal administrative Lastly, efforts to raise awareness a threat to the victims human law. The provision which requires and provide training for those dignity, in a hurtful insult or employers, when making staff working in the criminal justice mockery. cuts, to dismiss foreign workers system in the statutory provisions first has not been repealed. and issues relating to racism and Verbotsgesetz (1947) Furthermore, the new federal xenophobia have been vigorously legislation on equal treatment pursued, and in Vienna there makes an inappropriate have been encouraging moves to distinction between employment recruit police officers of immigrant and other fields and contains a background. number of gaps. The specialised bodies responsible for combating Source: ECRI Report on Austria, discrimination lack the kind of 2010, available at: structural independence required http://ww.coe.int/t/dghl/monitoring to command full public /ecri/country-by- confidence and do not have country/austria/AUT-CbC-IV- sufficient resources. Overall, the 2010-002-ENG.pdf fragmented nature of the new anti-discrimination legislation and the number of institutions and procedures involved renders the Austrian system complex in a way that is liable to alienate and undermine its effectiveness. In the field of education, non- Austrian children continue to suffer a disadvantage compared with Austrian children. Black people and Muslims are especially vulnerable to racism and discrimination and the Roma still face serious difficulties. Anti- semitic prejudice remains very much alive in Austria and there are reports of Jewish and Muslim memorials, cemeteries and places of worship being desecrated.

Source: ECRI Report on Austria, fourth monitoring cycle, 2010, available at: http://www.coe.int/t/dghl/monitori ng/ecri/country-by- country/austria/AUT-CbC-IV- 2010-002-ENG.pdf

3 Azerbaijan Constitution Constitution According to the reports of Article 25 – Right to equality : Article 47 - Freedom of thought human rights organizations, I. All people are equal with and speech Article 283 Criminal Code in respect to the law and law court. I. Everyone may enjoy freedom practice has been applied in a II. Men and women possess of thought and speech. discriminatory fashion and has equal rights and liberties. II. Nobody should be forced to been used to curtail freedom of III. The state guarantees equality promulgate his/her thoughts and expression. (See Addendum) of rights and liberties of everyone, convictions or to renounce irrespective of race, nationality, his/her thoughts and convictions. The media field is dominated by religion, language, sex, origin, III. Propaganda provoking racial, State-controlled television financial position, occupation, national, religious and social channels. There has been no political convictions, membership discord and animosity is shift towards the establishment of in political parties, trade unions prohibited. a genuinely independent public and other public organizations. service broadcaster. There have Rights and liberties of a person, Article 48 - Freedom of been numerous reports of citizen cannot be restricted due to conscience: pressure and intimidation against race, nationality, religion, I. Everyone enjoys the freedom journalists who criticize the state language, sex, origin, conviction, of conscience. policy. political and social belonging. II. Everyone has the right to The Nagorno Karabakh conflict, define his/her attitude to religion, as well as the ongoing plight and Article 47 - Freedom of thought to profess, individually or potential return of the internally and speech together with others, any religion displaced persons, remains the III. Propaganda provoking racial, or to profess no religion, to major political and social national, religious and social express and spread one’s beliefs preoccupation of Azerbaijan. The discord and animosity is concerning religion. situation of asylum seekers and prohibited. III. Everyone is free to carry out refugees has never been the religious rituals, however this focus of media interest in Criminal Code should not violate public order Azerbaijan. This group is barely Article 283 - Excitation of national, and contradict public morals. represented and they do not racial or religious hostility : IV. Religious beliefs and participate in the public debate on 283.1. The actions directed on convictions do not excuse asylum and migration. Media excitation of national, racial or infringements of the law. reporting of the asylum issue is religious hostility, humiliation of characterized by the continuous national advantage, as well as Article 50 – Freedom of confusion between economic actions directed on restriction of information: migrants, immigrants and asylum citizens rights, or establishment of I. Everyone is free to look for, seekers. These terms are used the superiority of citizens on the acquire, transfer, prepare and as synonyms rather than different basis of their national or racial distribute information. terms to accurately convey the belonging, creeds committed II. Freedom of mass media is specific status and situation of publicly or with use of mass guaranteed. State censorship in individuals. media and is punished by the mass media, including press is penalty at a rate from one up to prohibited. The Constitution provides for two thousand of nominal financial freedom of religion in its Article unit, or restriction of freedom for 48, and the other laws and the term up to three years, or policies contribute to the imprisonment for the term from generally free practice of religion; two up to four years. however, onerous registration 283.2. The same acts committed: requirements, censorship of 283.2.1. with application of religious literature and selective violence or with threat of its harassment mar effective application; application of the law. 283.2.2. by person with use of the (See Addendum) service position; 283.2.3. by organized group and 4 is punished by imprisonment for the term from three up to five years.

Belgium Penal Code Constitution - One of the problems concerns In the last few years, the Belgian The Anti-Racism Action Plan : Article 377bis : In the cases Article 19: Freedom of worship, racist propaganda sites that courts have, on a number of On 14 July 2004, the federal provided for in this chapter, the public practice of the latter, as disseminate hate speech against occasions, applied the criminal government adopted the minimum of specific penalties are well as freedom to demonstrate immigrants or persons of law provisions which provide for principles of a federal action plan doubled in cases of imprisonment one’s opinions on all matters, are immigrant background, in an increased penalty if an offence to combat racism, anti-semitism, and increased by two years in guaranteed, except for the particular Moroccans, Turks, is racially motivated. They have xenophobia and related violence case of confinement, when one of repression of offences committed black persons and Jews. also applied the provisions in order to implement the the motives of the crime or when using this freedom. - Another recurring concern is prohibiting denial of the genocide recommendations of the World misdemeanor is the hatred, Article 25 : The press is free; electronic chain mail, and in committed by the Nazi regime Conference on Racism (Durban, contempt or hostility against a censorship can never be particular e-mails containing (Act of 23 March 1995), handing 2001). This plan also draws on person because of his supposed established; security from messages denigrating Muslims. down suspended or non- ECRI recommendations, race, his color, his descent, authors, publishers or printers - Most of the media are making suspended prison sentences to particularly those formulated in its national or ethnic origin, his cannot be demanded. an effort to provide objective persons who made revisionist third report on Belgium. The plan, nationality, gender, sexual When the author is known and reporting on minority groups and statements, fining them and/or involving all the federal and orientation, his civil status, birth, resident in Belgium, neither the the racism and discrimination that withdrawing their civil and federated entities, focuses on the his age, his fortune, his religion or publisher, nor the printer, nor the they encounter and that cases of political rights. The provisions of following 10 points: belief, its present or future health distributor can be prosecuted. racism are “extremely rare”. The the Act of 30 July 1981 against implementation of anti- status, disability, language, media are not immune, however, racism have also been applied on discrimination legislation, follow- political opinion, trade union to the lure of sensationalism, several occasions by the Belgian up of complaints, the Internet as beliefs, a physical or a genetic publishing newspaper articles courts, which have handed down a vehicle for racist and anti- trait or social origin. that promote racist stereotypes non-suspended prison sentences semitic ideologies, distribution of Article 534quater : In the cases and prejudice. in the most serious cases. racist pamphlets, combating stipulated in Articles 534bis and - There are Neo-Nazi and Circular No. col 6/2006 issued by prejudice, the media, police 534ter, the minimum of the extreme rightwing groupings the Board of Prosecutors General forces, state security, measures penalties specified in those active in Belgium. They regularly at the Courts of Appeal on 21 to protect target groups, and the articles are doubled in case of organise public meetings and March 2006 sought to fine-tune setting up of a tolerance correctional punishments and concerts in which Nazi chants are the nomenclature for identifying barometer. increased by two years in case of sung. the racist motivations of certain confinement, where one of the - Three Bills have been offences. Under the terms of this the Centre for Equal motives of the offense consists of introduced with the aim of circular, in the case of an Opportunities and the Fight hatred , the contempt or hostility strengthening the legal arsenal ordinary offence with a racist against Racism is responsible for against a person because of his for fighting against the activism of motivation, the police and the following this up and an supposed race, his color, his Neo-Nazi groups within Belgian prosecution service must evaluation report was drafted on descent, national or ethnic origin, territory. There also exist extreme specifically mention this 11 January 2007. The plan has his nationality, gender, sexual right-wing movements whose motivation at the time of given rise to significant progress orientation, his civil status, birth, primary, ultra-nationalist recording the offence. A large in the fight against racism and his age, his fortune, his religion or message is a call for a number of cases are dropped by racial discrimination, even though belief, its present or future health “homogenous Flanders”, and prosecutors, without any real some projects are still being status, disability, language, whose extremist discourse is possibility of knowing why. implemented. In order to combat political opinion, trade union directed towards all non-Flemish racism, it is essential to radically beliefs, a physical or a genetic people, particularly the French- A number of political figures have change mentalities, which is a trait or social origin. speaking Belgians living in been prosecuted for long-term undertaking. The Flanders, especially on the disseminating racist ideology. In Belgian authorities should pursue Act of 30 July 1981 borders with Brussels-Capital and 2006, the leader of the National their approach to the fight against criminalising certain acts Wallonia. Front (FN) and his parliamentary racism by fully implementing their inspired by racism or - Even though acts of racist attaché were sentenced to federal action plan against xenophobia violence remain rare in Belgium, community service and fined racism, antisemitism, xenophobia Article 3 : This law aims, in relation since the last ECRI report there under Section 5 of the Act of 30 and associated violence and by to the matters referred to in Article have been a number of racist July 1981 criminalising certain allocating all the necessary 5, to establish a general attacks, one of which has proved acts inspired by racism and resources to ensure its success. 5 framework for combating fatal; this illustrates the fact that xenophobia for incitement to Intercultural Dialogue: The discrimination based on the problem of racist violence racial hatred through election natural counterpart to the fight nationality, a so-called race, color, must be closely monitored. materials and various caricatures. against racism is intercultural descent or national or ethnic - The authorities are attempting Under Section 5bis of the same dialogue, one of the key origin. to respond to these acts of Act, the FN leader was deprived components of peaceful co- Article 12 : In matters within the violence in a variety of ways. of his political rights for seven existence between all members scope of this Act, any form of - ECRI notes the persistence of years. In addition, three of society. The Belgian discrimination is prohibited. For intolerant acts and expressions candidates from the New Belgian authorities have decided to take the purposes of this title, directed against persons Front (FNB) were given a action via several initiatives, discrimination means: belonging to the Jewish suspended sentence of one some of which are referred to - Direct discrimination; community. month’s imprisonment and elsewhere in this report. The - Indirect discrimination; - The “cordon sanitaire” ordered to pay compensation for Commission on Intercultural - An instruction to discriminate; introduced by the main Belgian the legal costs incurred by the Dialogue was set up by the - Intimidation. parties, under which they refuse Centre for Equal Opportunities federal government in February to negotiate with the extreme and the Fight against Racism, for 2004. The objective of this Law to punish the denial, right-wing parties so as to having distributed racist tracts Commission was to review issues [minimalisation], justifification prevent them from ever coming to during municipal elections. On 9 relating to the multicultural or approval of genocide during power, has probably helped to November 2004, the Court of society taking shape in Belgium World War II by the German weaken these parties, with the Cassation upheld the decision of as elsewhere in Europe. This National Socialist regime 2007 general election seeing a the Court of Appeal of Ghent of Commission published a final Article 1 : With the imprisonment levelling off or even decline in 21 April 2004 to fine three report in May 2005, detailing its of eight days to one year and a support compared with the associations linked to Vlaams activities and making fine of twenty-six francs to five regional elections in 2004 Blok more than EUR 12,000 each recommendations to the Belgian thousand francs is punished, he for violating Section 3 of the Act authorities. Conferences on who under the circumstances The 2004 Federal Action Plan to of 30 July 1981 which prohibits interculturality are scheduled for specified in Article 444 of the combat racism, anti-semitism, participation in organisations that 2009 and examples of good Criminal Code, denies, grossly xenophobia and related violence advocate racism. The courts practice in this field are currently minimizes, approves or tries to calls for special attention to be have thus abandoned their being compiled in order to justify that during the second given to racist and anti-semitic former position, which was that present at these conferences world war genocide was ideologies that are spread over only the Assize Courts were cogent intercultural dialogue committed by the German Nazi the Internet. On 21 March 2006 a competent to deal with cases of mechanisms. regime. … symposium was held on this kind because they were “cyberhate: racism and “political offences”. Following this Source: ECRI Report on Belgium, Law to combat certain forms of discrimination on the Internet”, case, Vlaams Blok renamed itself 2009, available at discrimination (10 May 2007) following which a website was Vlaams Belang (Flemish Interest) http://www.coe.int/t/dghl/monitori Article 3 : This law aims, with created to enable anyone who and had to adopt a new, less ng/ecri/Country-by- regard to the issues in Article 5, to came across a racist site to extremist and xenophobic country/Belgium/BEL-CbC-IV- create a general framework for report it: www.cyberhate.be. A platform, although the changes 2009-018-ENG.pdf combating discrimination based guide for Internet users, entitled are more of a cosmetic nature, on age, sexual orientation, marital “delete cyberhate” has been the general ideology of the party status, birth, wealth, religion or distributed by the Centre for having remained the same. belief, political conviction, trade Equal Opportunities and the Fight union overtuiging, a language, against Racism. A number of In June 2006, the operators of present or future health status, individuals who have broadcast the “Belgian Islamic Centre of disability, physical or a genetic statements inciting to racial Molenbeek” website - a racist trait or social origin. hatred have been prosecuted. In propaganda website - were Article 14 : In matters within the 2005, for example, several sentenced to a 10-month term of scope of this Act, any form of persons were fined for imprisonment, 5 months of which discrimination is prohibited. For broadcasting a racist version of a were suspended, and fined EUR the purposes of this title, popular children’s song over the 15,000 for clear incitement to discrimination means: Internet. hatred against the Israeli people - Direct discrimination; and Jews in general. T - Indirect discrimination; Source: ECRI Report on Belgium, - An instruction to discriminate; 2009, available at: Source: ECRI Report on Belgium, 6 - Intimidation. http://www.coe.int/t/dghl/monitori 2009, available at: ng/ecri/Country-by- http://www.coe.int/t/dghl/monitori country/Belgium/BEL-CbC-IV- ng/ecri/Country-by- 2009-018-ENG.pdf country/Belgium/BEL-CbC-IV- 2009-018-ENG.pdf See Addendum

Bulgaria Constitution of the Republic of Constitution of the Republic of Hate speech towards ethnic and The case law of the Commission Bulgaria Bulgaria religious minorities continued to for Protection Against Art. 39. (1) Everyone shall be Art. 39. (1) Everyone shall be dominate in some Discrimination (CPAD) on hate entitled to express an opinion or entitled to express an opinion or media. These include most of all speech developed in a positive to publicise it through words, to publicise it through words, the SKAT television and its direction over the years. On written or oral, sound or image, or written or oral, sound or image, programmes Paralax, several occasions, the CPAD in any other way. or in any other way. UpFront, Discussion Studio, etc., ruled in line with the international (2) This right shall not be used to (2) This right shall not be used to as well as the Ataka newspaper standards that stereotypical the detriment of the rights and the detriment of the rights and published by the negative statements reputation of others, or for the reputation of others, or for the extreme nationalist party bearing against minorities are a violation incitement of a forcible change of incitement of a forcible change of the same name. Hate speech of human dignity and create a the constitutionally established the constitutionally established against ethnic minorities, hostile and abusive order, the perpetration of a crime, order, the perpetration of a crime, religious communities and people environment in contradiction with or the incitement of enmity or or the incitement of enmity or with different sexual orientation the law. The CPAD is consistent violence against anyone. violence against anyone. occurred sporadically in advocating that in other media as well. freedom of expression is not Penal Code absolute and that instilling Article 162 : (1) Who propagates (see Addendum) intolerance goes beyond its or incites racial or national boundaries. The commission hostility or hatred or racial ruled against hate speech in a discrimination shall be punished series of printed and by imprisonment of up to three electronic media, qualifying it as years and by public reprobation. abuse.There were some positive (2) Who applies violence against practices of the Supreme another or damages his property Administrative Court (SAC) as because of his nationality, race, well. In religion or his political conviction December, it found a Sofia shall be punished by municipal mayor guilty of abuse imprisonment of up to three years of Roma. The court held that and by public reprobation. the mayor anti-Roma statements (3) Who forms or heads an on a radio station constitute a organisation or a group whose violation of the goal is the perpetration of the act dignity of all Roma and create an under the preceding paragraphs abusive environment for them. shall be punished by imprisonment of one to six years There have been instances of and by public reprobation. racist and xenophobic political (4) A member of such an speeches and comments, organisation or a group shall be pronounced mainly by members punished by imprisonment of up of an extreme right-wing party to three years and by a public and its leader. The latter has reprobation. twice been sentenced for racist Article 163 : (1) The persons who remarks in response to participate in a crowd for attack complaints by members of civil on groups of the population, society. Six further complaints individual citizens or their property are currently before the courts. in connection with their national or As stated above, a strong 7 racial belonging shall be message from the authorities punished: would be necessary to counter 1. the instigators and leaders - by the harmful impact of this party imprisonment of up to five years; and of any other political 2. all the rest - by imprisonment of personality who indulges in the up to one year or corrective same kind of rhetoric, by labour. ensuring that the prosecuting (2) If the crowd or some of the authorities make sure that the participants are armed the legislation on incitement to hatred punishment shall be: is enforced. The political party's 1. for the instigators and leaders - television channel regularly imprisonment of one to six years; broadcasts a programme 2. for all the rest - imprisonment attacking ethnic minorities and of up to three years. foreigners. To date, however, no (3) If an attack is carried out and action has been taken against as a result of it a serious bodily this channel, even though harm or death has followed the representatives of ethnic instigators and the leaders shall minorities have lodged be punished by imprisonment of complaints against it. three to fifteen years and all the rest - by imprisonment of up to five years, unless they are subject to a more serious punishment. Article 164 : Who propagates hatred on religious grounds through speeches, publications, activities or in any other way shall be punished by imprisonment of up to three years or by corrective labour. Article 165 : (1) Who, by force or threat obstructs the citizens to profess their faith or carry out their rituals and services which do not violate the laws of the country, the public peace and the good morals shall be punished by imprisonment of up to one year. (2) The same punishment shall be imposed on those who, in the same way, compels another to participate in religious rituals and services. (3) For the acts under art. 163 committed against groups of the population, individual citizens or their property in connection with their religious belonging shall apply the punishments stipulated by it.

Czech Rep Criminal Code See Addendum In accordance with the Right of Strategy on Combating Section 42(b) Assembly Act (No. 84/1990), the Extremism: On 23 March 2009, authorities may put a stop to a the government adopted a 8 Section 352 march or other such Resolution on solving acute demonstration immediately if problems of social exclusion and Section 355 illegal activities occur. This rule took note of a document entitled has been successfully applied in “Identification of Social Exclusion Section 356 the past to disperse a neo-Nazi Problems”. The authorities have parade at which racist slogans indicated that this document is to section 400-405 were chanted. However, the form the basis of a Strategy for same Act requires officials who Combating Extremism, which is consider that a planned event to be submitted to the should not take place at all to government by the end of 2009 impose a ban on the event within and of which the conceptual part three calendar days of receiving was discussed by the notification of the event. This rule government on 4 May 2009. The has been strictly interpreted by Strategy consists of two parts. the courts, which in early 2008 Part I contains a report on the overturned a decision by the issue of extremism in the Czech mayor of Plzen to ban a march Republic in 2008, which provides that had been approved by a information on developments lower authority a month earlier. within the extremist scene, Some local authorities as well as activities of extremists, recorded many civil society actors consider criminal activities having an that the three-day rule itself, or at extremist subtext, and problems least the manner in which it is and security risks that must be presently applied, is too strict to tackled. Part II sets out a policy allow effective action to be taken for combating extremism, which to prevent neo-Nazi or other seeks to give priority to specific, public gatherings at which racist simple and targeted solutions discourse or actions that are in over declarations that cannot be breach of the law can be put into practice. The policy is expected. ECRI understands that based on five pillars: 1) a request to strike down the rule communication, openness and is now pending before the offering alternatives to extremist Constitutional Court. propaganda; 2) arming citizens with knowledge against Source: ECRI Report on the dangerous ideas, in particular Czech Republic, 2009, available through schools; 3) involving both at http://www.coe.int/t/dghl/ governmental and non- monitoring/ecri/country-by- governmental actors in the fight country/czech_republic/CZE- against extremism; 4) CbC-IV-2009-030-ENG.pdf guaranteeing the professionalism of experts engaged in the fight against extremism; 5) imposing sanctions on extremist offenders through effective use of existing means and mechanisms.

Source: ECRI Report on the Czech Republic, 2009, available at http://www.coe.int/t/dghl/ monitoring/ecri/country-by- country/czech_republic/CZE- CbC-IV-2009-030-ENG.pdf

9 Denmark Criminal Code Constitution The general climate has Police are still very reluctant to The Danish Government made a Section 266 (b) : (1) Any person Section 77 : Any person shall be continued to deteriorate in register complaints of racist decision in 2002 to either who, publicly or with the intention entitled to publish his thoughts in Denmark, with some politicians statements and to investigate and withdraw or limit the funds of wider dissemination, makes a printing, in writing, and in speech, and parts of the media constantly press charges under Article 266 previously allocated to many statement or imparts other provided that he may be held projecting a negative image of b) of the Criminal Code, partly NGOs and other specialised information by which a group of answerable in a court of minority groups in general and due to the fact that freedom of bodies, as they were considered people are threatened, insulted or justice. Censorship and other Muslims in particular. In this speech is given priority by the Government to be “judges degraded on account of their preventive measures shall never regard, the relevant law on consideration in Denmark. The of taste” who were attempting to race, colour, national or ethnic again be introduced. incitement to racial hatred is few cases that are brought to “repress public debate with their origin, religion or sexual seldom applied to those who court only result in a fine. tyranny”. As a result, many inclination shall be liable to a fine make statements against these Between January 2001 and the NGOs and bodies dealing with or to imprisonment for any term groups, thus creating a sense of end of September 2003, 23 racial discrimination have either not exceeding two years. (2) impunity that contributes to a cases were brought to court closed down or have severely When the sentence is meted out, further worsening of the public against 32 people and 24 limited the scope of their the fact that the offence is in the climate. convictions were passed, which activities. This compounded with nature of propaganda activities included a 20 days’ imprisonment the many problems faced by the shall be considered an Source: ECRI Report on sentence. On this question, some Complaints Committee, has aggravating circumstance.” Denmark, 2006, available at: NGOs have informed ECRI that created a vacuum that has http://hudoc.ecri.coe.int/XMLEcri/ the number of racist statements placed minority groups in an even Section 81 : In determining the ENGLISH/Cycle_03/03_CbC_en made by, inter alia, members of more vulnerable situation than penalty it shall, as a general rule, g/DNK-CbC-III-2006-18-ENG.pdf the Danish People’s Party (which noted in the second ECRI report be considered a circumstance in has been supporting the (European Commission Against aggravation Government since 2002) has Racism and Intolerance) of 2001, (...) increased dramatically in the last as there are now very few 6) that the offence stems from few years. In 2003, 16 court organisations which are able to others’ ethnical origins, religious decisions were rendered against address issues of particular beliefs, sexual politicians under Article 266 b) of concern to them. The lack of orientation or the like; the Criminal Code and NGOs voices that can bring the have noted an increase in 2005 problems faced by minority in the number of complaints groups, refugees and asylum against politicians, especially for seekers to the forefront of the statements made regarding public debate and thus provide a Muslims and Islam. 3 NGOs point counterbalance to the manner in out that this is partly linked to the which they are perceived by the local elections held on 15 public at large has contributed to November 2005 as politicians a climate of intolerance against often resort to populist rhetoric to them. In this regard, many NGOs win votes. Very few cases are have indicated that a brought to court and there are Discrimination Ombudsman who few convictions in Denmark for would take up cases of racial racist or discriminatory acts, discrimination in the Danish mainly due to the fact that the administration is needed in judges, prosecutors and lawyers Denmark. They consider such a do not take adequate notice of measure all the more necessary the relevant national and as the current Parliamentary international legislation. The Ombudsman does not examine Danish Ministry of Justice has whether there is a discriminatory informed ECRI in this regard, that element in the manner in which it is considering publicizing the public authorities implement the jurisprudence on these questions law. on its internal WebPages for the benefit of local prosecutors as Source: ECRI Report on well as local police forces. Denmark, 2006, available at However, for the moment, http://hudoc.ecri.coe.int/XMLEcri/ 10 judges, lawyers and prosecutors ENGLISH/Cycle_03/03_CbC_en receive very little formal training g/DNK-CbC-III-2006-18-ENG.pdf on racism and racial discrimination either during their training period or when they have started their career. ECRI is further deeply concerned by reports according to which some judges show prejudice towards ethnic minority witnesses and defendants. Although in 2003, a number of cases of incitement to racial hatred in general, and against Muslims in particular were successfully prosecuted, ECRI notes that the police are generally reluctant to investigate complaints made by Muslims concerning hate speech directed against them.

Source: ECRI Report on Denmark, 2006, available at http://hudoc.ecri.coe.int/XMLEcri/ ENGLISH/Cycle_03/03_CbC_en g/DNK-CbC-III-2006-18-ENG.pdf

Estonia Constitution Constitution The ECRI notes that the Equal The authorities have informed Estonian authorities have Article 9 (1): The rights, liberties, Article 40 : (1) Everyone shall Treatment Act is, generally, in ECRI that since its third report, adopted an Estonian Integration and duties of everyone and all have freedom of conscience, conformity with its General Policy no one has been arrested or Strategy 2008-20013, which is a persons, as listed in the religion and thought. … Recommendation No. 7 on brought to court for a violation of follow-up to the Integration in Constitution, shall be equal for national legislation to combat Article 151 of the Criminal Code. Estonia Strategy 2000-2007, and Estonian citizens as well as for Article 45 : (1) Everyone shall racism and racial discrimination. It does not appear that there aims to ensure the integration of, citizens of foreign states and have the right to freely circulate Estonia still has not ratified have been cases where the amongst others, Russian- stateless persons who are ideas, opinions, persuasions, and Protocol No. 12 to the European media has been prosecuted for speaking minorities and stateless present in Estonia. other information by word, print, Convention on Human Rights. incitement to racial hatred. One persons at the following 3 levels: picture and other means. This The provisions of the Criminal person was fined for anti- 1) educational and cultural; 2) Article 12 : (1) All persons shall be right may be restricted by law for Code regarding racism are still semitism on the Internet. social and economic, and 3) legal equal before the law. No one the purpose of protecting public very rarely implemented, and political. The Estonian may be discriminated against on order or morals, or the rights and primarily due to Article 151 which Source: ECRI Report on Estonia, authorities have informed ECRI the basis of nationality, race, liberties, health, honor and criminalises such acts only if they 2010, available at that a mid-term review of the color, sex, language, origin, reputation of others. The law result in danger to the life, health http://www.coe.int/t/dghl/monitori implementation of this strategy creed, political or other may likewise restrict this right for or property of a person. ECRI ng/ecri/Country-by- will be carried out in 2010. The persuasions, financial or social state and local government therefore considers that the country/Estonia/EST-CbC-IV- Estonian Integration Strategy status, or other reasons. officials, for the purpose of Criminal Code does not, in fact, 2010-003-ENG.pdf 2008-2013 contains a number of (2) The propagation of national, protecting state or business punish hate speech wide-ranging goals to address racial, religious or political hatred, secrets or confidential independently of specific issues of concern to Russian- violence or discrimination is communication, which due to consequences. speaking minorities and stateless prohibited and punishable by their service the officials have Measures to train judges, persons, including providing law. The propagation of hatred, access to, as well as of prosecutors, employers and Estonian language lessons, violence or discrimination protecting the family life and employment agencies as well as combating inequalities between between social strata is equally privacy of other persons, and in public servants are necessary to Russians and Estonians in the prohibited and punishable by law. the interests of justice. ensure the full implementation of employment sector, reducing the (2) There shall be no censorship. the Equal Treatment Act. number of stateless persons as 11 Criminal Code Further measures are still well as preserving the culture and Article 151 : (1) Activities which necessary to reduce the number identity of ethnic minorities. publicly incite to hatred, violence of stateless people, as they In 2007, Estonia joined the Task or discrimination on the basis of comprise 8 % of the population. Force for International nationality, race, colour, sex, Roma are particularly vulnerable Cooperation on Holocaust language, origin, religion, sexual to discrimination in employment Education, Remembrance and orientation, political opinion, or and continue to be the subject of Research and a Teacher’s Guide financial or social status if this stereotypes and prejudice, to the Holocaust. In addition, in results in danger to the life, health sometimes carried by the media, accordance with the law which or property of a person are and Roma children continue to be provides for mother tongue punishable by a fine of up to 300 placed in specialised schools for teaching at the request of the fine units or by detention. disabled children when they are parents of at least 10 children, 2 (2) Same act, if not disabled. A high dropout rate schools are operating with 1) if it causes the death of a and late entry into the school government funding. person or results in damage to system also continues to be health or other serious noted among Roma children. Source: ECRI Report on Estonia, consequences, or Measures to combat racially- 2010, available at 2) it was committed by a person motivated crimes still need to be http://www.coe.int/t/dghl/monitori who has previously been improved in terms of police ng/ecri/Country-by- punished by such act, or registration of such crimes as country/Estonia/EST-CbC-IV- 3) it was committed by a criminal well as their treatment of the 2010-003-ENG.pdf organisation, - is punishable by victims as reports indicated pecuniary punishment or up to 3 lacunae in this area. The years’ imprisonment. authorities further need to Article 152 : (1) Unlawful improve their response to anti- restriction of the rights of a person semitic acts. or granting of unlawful preferences to a person on the Source: ECRI Report on Estonia, basis of his or her nationality, 2010, available at race, colour, sex, language, http://www.coe.int/t/dghl/monitori origin, religion, sexual orientation, ng/ecri/Country-by- political opinion, financial or social country/Estonia/EST-CbC-IV- status is punishable by a fine of 2010-003-ENG.pdf up to 300 fine units or by detention. (2) The same act, if committed: 1) at least twice, or 2) significant damage is thereby caused to the rights or interests of another person protected by law or to public interests, is punishable by a pecuniary punishment or up to one year of imprisonment.

Equal Treatment Act (2008) Article 1 : (1) The purpose of this Act is to ensure the protection of persons against discrimination on the grounds of nationality (ethnic origin), race, colour, religion or other beliefs, age, disability or sexual orientation. (2) In order to fulfil the objective 12 specified in subsection (1) of this section, the following shall be provided by law: 1) the principles of equal treatment; 2) duties upon implementation and promotion of the principle of equal treatment; 3) resolution of discrimination disputes. Article 2 : Scope of application of Act (1) Discrimination of persons on the grounds of nationality (ethnic origin), race or colour is prohibited in relation to: 1) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion; 2) entry into employment contracts or contracts for the provision of services, appointment or election to office, establishment of working conditions, giving instructions, remuneration, termination of employment contracts or contracts for the provision of services, release from office; 3) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience; 4) membership of, and involvement in, an organisation of employees or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations; 5) social protection, including social security and healthcare, and social advantages; 6) education; 7) access to and supply of goods and services which are available to the public, including housing. 13 (2) Discrimination of persons on the grounds of religion or other beliefs, age, disability or sexual orientation is prohibited in relation to: 1) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion; 2) entry into employment contracts or contracts for the provision of services, appointment or election to office, establishment of working conditions, giving instructions, remuneration, termination of employment contracts or contracts for the provision of services, release from office; 3) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience; 4) membership of, and involvement in, an organisation of employees or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations. (3) This Act does not preclude the requirements of equal treatment in labour relations on the basis of attributes not specified in subsection 1 (1) of this Act, in particular due to family-related duties, social status, representation the interests of employees or membership in an organisation of employees, level of language proficiency or duty to serve in defence forces. (4) The Administrative Procedure Act applies to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act. 14

Law on Employment Contracts Section 10 : 10. Prohibition on discrimination against employees (3) Discrimination prohibited on the basis of subsections (1) and (2) of this section shall be taken to occur where a person applying for employment or an employee is discriminated against on grounds of sex, racial origin, age, ethnic origin, level of language proficiency, disability, sexual orientation, duty to serve in defence forces, marital or family status, family-related duties, social status, representation the interests of employees or membership in workers' associations, political opinions or membership in a political party or religious or other beliefs.

France Penal Code Declaration of the Rights of Tant les questions d’incitation à Concernant plus spécifiquement Outre le fait que la France est en Article 225 : Man and of the Citizen la haine raciale, de les réfugiés et s’agissant de la train de préparer un plan national 1) Discrimination comprises any (included in the Preamble of discriminations que de liberté question de la liberté de lutte contre le racisme, nous distinction applied between the Constitution) d’expression font d’expression, aucune disposition pouvons mentionner les natural persons by reason of their Article 11 : The free traditionnellement l’objet de juridique interne n'édicte initiatives utiles qui ont été prises origin, sex, family situation, communication of ideas and débats publics intenses en d'obligation de réserve à leur ces dernières années sur la physical appearance or opinions is one of the most France, et ceux-ci ont été encontre (même si celle-ci a pu question de la lutte contre patronymic, state of health, precious of the rights of man. particulièrement vifs depuis la être invoquée dans le passé mais l’incitation à la haine raciale handicap, genetic characteristics, Every citizen may, accordingly, présidence de Nicolas Sarkozy aucune affaire n'a été signalée avec : sexual morals or speak, write, and print with en 2007. La question de la depuis l'affaire Diouri en juin * la création de mécanismes orientation, age, political opinions, freedom, but shall be responsible discrimination a atteint son 1991 (un réfugié marocain -auteur étatiques pour prévenir et union activities, or their for such abuses of this freedom paroxysme avec la polémique qui d'un livre sur Mohamed V- combattre la discrimination membership or non-membership, as shall be defined by law. entoure depuis le début de l’été expulsé vers le Gabon). raciale au niveau départemental true or supposed, of a given 2010 la question du Plus précisément, la Commission avec les commissions pour la ethnic group, nation, race or Law on the Freedom of the démantèlement des campements nationale du droit d’asile (CNDA), promotion de l’égalité des religion. Press (29 July 1881) illégaux et du rapatriement des juge en appel des décisions de chances et de la citoyenneté Discrimination also comprises any Article 24-6: Are punished by the Roms en Roumanie et Bulgarie l’OFPRA, pourrait être amenée à (COPEC) et en 2007 les pôles distinction applied between legal penalties provided for in the sixth et qui est toujours en cours. connaître dans le cadre de ses anti-discrimination dans les persons by reason of the origin, paragraph of Article 24, those attributions consultatives des Parquets des tribunaux de sex, family situation, physical who have challenged by one of Il est en tout état de cause ardu décisions d’éloignement du grande instance, appearance or patronymic, state the means set forth in Article 23, de résumer en quelques lignes la territoire relevant du champ * la création d’un organisme of health, handicap, genetic the existence of one or more nature et l’enjeu -entre autres d’application des articles 31, 32 officiel indépendant par la loi du characteristics, sexual morals or crimes against humanity as politique- du débat public et 33 de la convention de Genève 30 décembre 2004, la HALDE orientation, age, political opinions, defined by Article 6 of the Statute entourant ces questions de 1951 -et qui auraient pu être (Haute Autorité de Lutte contre union activities, membership or of the International Military auxquelles la société civile -avec prises pour atteinte grave à les discriminations et pour non-membership, true or Tribunal annexed to the London entre autres un secteur associatif l’ordre public en relation avec les l’égalité), qui a pour mission supposed, of a given ethnic Agreement of 8 August 1945 and très réactif et des réseaux questions d’incitation à la haine générale de lutter contre les group, nation, race or religion of have been committed either by académiques/universitaires très raciale et de liberté d’expression- discriminations directe ou one or more members of these members of an organization engagés- ainsi que les mais aucune demande d’avis à indirectes prohibées par la loi, de legal persons. declared criminal under Article 9 organisations syndicales sont de cet égard n’a été adressée à la fournir toute l’information 2) Discrimination defined by of that statute, or by a person plus particulièrement sensibles CNDA depuis de nombreuses nécessaire, d’accompagner les 15 article 225-1, committed against a convicted of such crimes by a mais il est indéniable que la années. victimes, d’identifier et de natural or legal person, is French or international court. France fait actuellement l’objet promouvoir les bonnes pratiques punished by three years' … d’un examen très attentif par As regards the criminal justice pour faire entrer dans les faits le imprisonment and a fine of Article 29 : Any allegation or diverses instances régionales - system’s response to racist principe d’égalité. Elle peut se €45,000 where it consists: imputation of a fact which notamment de la Commission offences, the National saisir d’office ou être saisie par 1° of the refusal to supply goods undermines the honor or européenne- et internationales et Consultative Commission for tout citoyen ou encore par les or services; 2° of obstructing the reputation of the person or body que les nombreuses (26) Human Rights (CNCDH), which associations et elle dispose de normal exercise of any given to which the act is attributed is a préoccupations/ has been monitoring this question pouvoirs d’investigation, economic activity; 3° of the libel. The publication or recommandations du Comité des for a number of years, noted in its * la création par la loi du 31 mars refusal to hire, to sanction or to reproduction by the allegation or NU pour l’élimination de la 2008 report that over the 2006 de l’Agence nationale pour dismiss a person; 4° of subjecting imputation is punishable, even if discrimination raciale à la suite previous five years, the number la cohésion sociale et l’égalité the supply of goods or services to done as doubtful or if it is for a de l’examen de la France en août of convictions for racist or anti- des chances (Acsé), qui soutient a condition based on one of the person or body not specifically 2010 sont assez éloquentes à cet semitic offences had grown. The la mise en œuvre des politiques factors referred to under article named, but whose identification égard. CNCDH considers that this publiques visant à prévenir les 225-1; 5° of subjecting an offer of is made possible by the wording increase reflects an improved discriminations raciales et à employment, an application for a of the speeches, shouting, Aussi, dans le cadre de la response to this type of offence promouvoir l’égalité de course or a training period to a threats, written or printed présente demande, il nous by the criminal courts. It believes traitement, condition based on one of the placards or posters. Any semble nécessaire de limiter nos that the figures can be linked to * la création par la loi du 9 mars factors referred to under article offensive expression, terms of observations aux populations des the initial impact on the criminal 2004 susmentionnée d’une 225-1; 6 ° of refusing to accept a contempt or invective which does demandeurs justice system’s activities, as nouvelle peine (également person onto one of the courses not contain any imputation of fact d’asile/réfugiés/éventuellement from 2005, of the new rules and applicable aux mineurs), le stage referred to under 2° of article is an insult. des déboutés. new operating methods (in de citoyenneté, qui a pour objet L.412-8 of the Social Security particular the appointment of de rappeler, notamment à Code. Where the discriminatory Article 32 : The defamation of Nous ne voyons pas de contact prosecutors introduced in l’auteur d’un acte raciste ou refusal referred to under 1° is individuals by one of the means problèmes particuliers à signaler 2004. In the official statistics antisémite, les valeurs committed in a public place or in set forth in Article 23 shall be en ce qui concerne la liberté provided by the government there républicaines de tolérance et de order to bar the access to this punished by a fine of 12,000 d’expression, dont ils bénéficient has been an increase in criminal respect de la dignité humaine, place, the penalties are increased euros. Defamation committed by pleinement à l’instar des convictions for racist acts in the to five years’ imprisonment and to the same means against a ressortissants français et dans last few years. These statistics * l’instauration d’un numéro a fine of €75,000. person or group of persons les limites susmentionnées. indicate that, on the whole, the d’appel gratuit (le 114) pour les 3) The provisions of the previous because of their origin or their number of new racist, anti-semitic victimes de discrimination raciale, article do not apply to: belonging or not belonging to Concernant la question de or “anti-religion” cases registered * l’acceptation des CV anonymes, 1° discrimination based on state their ethnic group, nation, race or l’incitation à la haine raciale (ou by prosecutors’ offices tends to * les très nombreuses actions de of health, when it consists of religion is punishable by one year religieuse), il nous semble utile increase and that the percentage sensibilisation faites dans le operations aimed at the 'imprisonment and a fine of € de mentionner le problème posé of cases in which there has been cadre de l’école, prevention and coverage of the 45,000 or one of these two par la présence en France de a “criminal – justice - response” * la création en 2009 « d’internats risk of death, of risks for the penalties. … quelques ressortissants rwandais has also increased slightly. d’excellence » pour les élèves de physical integrity of the person, or (déboutés de leur demande Extensive use was made of quartiers défavorisés et souvent the risk of incapacity to work or Civil Code d’asile) susceptibles d’être des procedural alternatives to issus de l’immigration et invalidity. However, when it is Article 9 : Everyone has the right génocidaires. prosecution, which primarily have l’augmentation notable de la based on the consideration of to respect for his private life. La politique des autorités an educational purpose, in proportion de boursiers dans les predictive genetic tests relating to Without prejudice to françaises les concernant -mais particular for cases involving grandes écoles (30% en 2010) an illness that has not yet compensation for injury suffered, également les pratiques du under-age or young-adult destinée entre autres à ces commenced or the genetic the court may prescribe any secteur judiciaire- ne sont pas offenders. In general, anti-racism mêmes publics, efforts predisposition towards an illness, measures, such as vraiment claires -voire NGOs have informed ECRI that considérés comme une priorité this discrimination is punished by sequestration, seizure and cohérentes- et un certain they too have noted an nationale. the penalties provided for by the others, appropriate to prevent or laxisme, pour le moins, pourrait improvement in the criminal previous article; put an end to an invasion of leur être reproché dans la justice system’s response to 2° discrimination based on state personal privacy; in case of mesure où il semble qu’elles racist acts in recent years. of health or handicap, if it consists emergency those measures may n’ont pas nécessairement fait However, in a few rare instances, of a refusal to hire or dismiss be provided for by interim order. diligence pour répondre à toutes they did not know, or based on a medically established les demandes d’extradition du comprehend, why decisions had incapacity, according to either the TPI d’Arusha comme elles en ont been taken to drop certain cases provisions of title IV of book II of l’obligation légale. or to deem that the racist 16 the Labour Code, or of the laws motivation of an offence had not defining the statutory framework Sur le plan plus général des been established. The one of the public service; discriminations raciales -dont les problem which remains 3° recruitment discrimination réfugiés vivant en France outstanding is the too high based on gender when the fact of peuvent souffrir au même titre number of victims of racist acts being male or female constitutes que les étrangers de droit who hesitate to lodge complaints, the determining factor in the commun mais pas plus à notre particularly with the police. exercise of an employment or avis- malgré les efforts des professional activity, in pouvoirs publics et sous divers Source: ECRI Report on France, accordance with the provisions of gouvernements de s’attaquer au 2010, available at: the Labour Code or problème général de la http://www.coe.int/t/dghl/monitori of the laws defining the statutory discrimination raciale à l’emploi et ng/ecri/Country-by- framework of the public service. au logement et malgré le fait que country/France/FRA-CbC-IV- 4) Legal persons may incur cette discrimination fait l’objet 2010-016-ENG.pdf criminal liability for the offence d’un traitement plus protecteur defined under article 225-2, que les autres types de pursuant to the conditions set discriminations, le chantier reste out under article 121-2. The immense, complexe et la penalties incurred by legal question plus générale de persons are: l’intégration des populations 1° a fine, pursuant to the immigrées constituera sans doute conditions set out under article l’une des préoccupations 131-38; majeures des gouvernements 2° the penalties enumerated futurs pour encore un certain under 2°, 3°, 4°, 5°, 8° and 9° of nombre d’années. article 131-39. Les autorités françaises se sont The prohibition referred to in 2° of d’ailleurs vues remettre un cahier article 131-39 applies to the des charges par le Comité des activity in the exercise of which or NU susmentionné assez lourd on the occasion of the exercise of (avec quelques brefs délais pour which the offence was committed. démontrer les améliorations faites …). 18) Where the offences defined under the previous article were Parmi les recommandations du committed by reason of the Comité, nous relevons que la membership or non-membership, France -qui invoque officiellement true or supposed, of the l’article premier de sa deceased persons to any given Constitution selon lequel elle est ethnic group, nation, race or une République indivisible qui religion, penalties are increased assure l’égalité devant la loi de to three years' imprisonment and tous les citoyens sans distinction to a fine of €45,000 in for the d’origine, de race ou de religion, offences defined under the first pour ne pas procéder à un two paragraphs of article 225-17 recensement de la population and to five years' imprisonment fondé sur des indicateurs and to a fine of €75,000 in relation ethniques ou raciaux- s’est vue to the offence defined by the last expressément demander par ledit paragraph of that article. Comité d’affiner les statistiques démographiques, en particulier Article 624 celles relatives aux personnes 3) Private defamation against a issues de l’immigration ou de person or group of persons based groupes ethniques et de procéder on their origin, or their belonging à un recensement sur la base or non membership -real or d’une auto-identification ethnique 17 presumed- to an ethnic group, ou raciale qui soit volontaire et nation, race or religion, is anonyme. punishable by the fine provided for violations of the 4 th class. Nous avons été étonnés en … revanche que ne figure pas dans 4) Private insult committed lesdites recommandations la against a person or group of nécessité de réviser la liste des persons because of their origin or emplois « réservés » aux their belonging or non- ressortissants français, soit un membership, real or supposed, to vivier considérable de possibilités an ethnic group, nation, race or d’accès au marché de l’emploi religion is punishable by the fine dans un pays où de plus la for violations of the 4th class.… fonction publique tient une part particulièrement importante. Les Article 132 raisons pour interdire ou limiter 76) The sentence imposed for a un certain nombre de professions crime or misdemeanor is greater aux étrangers/réfugiés semblent when the infraction is committed de plus en plus archaïques et due to the victim's adherence or contraires aux intérêts non-adherence, real or imagined, économiques du pays mais to a particular ethnic group, malgré cela, les voix qui s’élèvent nation, race or religion. depuis plusieurs années de façon The aggravating circumstance argumentée pour revenir dessus, defined in the first paragraph is émanant notamment established when the offense is d’associations spécialisées et preceded, accompanied or reconnues, ne sont toujours pas followed by, writing, images, entendues. objects or acts of any kind detrimental to the honor or Concernant le climat général qui reputation of the victim or group s’est beaucoup dégradé en to which the victim belongs France depuis quelques années because of their membership or avec une augmentation notable non-membership, real or des crimes et délits à caractère supposed, to an ethnic group, raciste (et antisémite), l’on se nation, race or religion. félicitait jusqu’à présent que les populations des demandeurs See Addendum d’asile/réfugiés n’étaient pas ciblées en tant que telles comme cela pouvait être le cas dans d’autres pays de l’UE mais plusieurs faits sont venus en 2010 contredire ce constat (avec notamment l’incendie criminel d’un campement de « migrants » et demandeurs d’asile Afghans à Cherbourg en septembre et des actes de dégradation d’un CADA (centre d’accueil pour demandeurs d’asile quelques mois auparavant). S’ils restent rares, il nous semble que ces passages à l’acte traduisent un tournant inquiétant d’une certaine opinion publique. 18

Cela dit, si l’on peut avoir des motifs d’inquiétude sur l’amélioration rapide de la situation présente, s’agissant du débat public, il nous semble qu’il est riche, nourri, que de nombreux media importants sont souvent en première ligne sur ces premières questions et vigilants, qu’il y a un réel intérêt pour ces questions au sein du grand public, et que les dérapages, notamment verbaux de la part de certains responsables politiques, font l’objet d’une véritable critique et d’un contrôle, éventuellement judiciaire. En revanche, le développement de discours racistes sur Internet est très préoccupant et les pouvoirs publics se sont vus demander par le comité des NU déjà cité à l’issue de la session d’août 2010 de prendre les mesures appropriées pour le combattre.

(See Addendum)

Germany Basic Law (Constitution) Basic Law (Constitution) The success in local and In the field of criminal law, the Article 3 – Equality before the law: Article 5 - Freedom of regional elections of certain authorities have been active in (1) All persons shall be equal expression, arts and sciences: parties expressing racist, anti- investigating and prosecuting before the law. (1) Every person shall have the semitic or revisionist views is members of neo-Nazi groups. (2) Men and women shall have right freely to express and worrying, and support for such Section 130 of the Criminal Code equal rights. The state shall disseminate parties has increased in recent was strengthened in March 2006, promote the actual his opinions in speech, writing years. At the same time, and with respect to the expression of implementation of equal rights for and pictures, and despite the considerable efforts racist views at public gatherings. women and men and take steps to inform himself without of the authorities to combat The number of demonstrations by to eliminate disadvantages hindrance from generally racism, xenophobia and anti- neo-Nazi organisations is that now exist. accessible sources. Freedom of semitism and promote a tolerant reported to have decreased in (3) No person shall be favoured the press and freedom of society, incidents of hate speech 2007 thanks to this change. or disfavoured because of reporting by means of broadcasts continue to occur, including racist Section 129 of the Criminal Code sex, parentage, race, language, and films shall be guaranteed. propaganda on the internet, and has also been successfully used homeland and origin, faith, There shall be no censorship. neither the prevalence of racist to sentence the members of a or religious or political opinions. (2) These rights shall find their expression on the internet nor the right-wing extremist music group. No person shall be limits in the provisions of general number of Neo-Nazis and other Successes in fighting racist, disfavoured because of disability. laws, in provisions for the right-wing extremists appear to xenophobic or anti-semitic protection of young persons, have decreased. As regards the speech on the internet have also Criminal Code and in the right to personal expression of racist views at been achieved. Beyond Section 130 - Agitation of the honour. public gatherings, in March 2006, prosecuting individual offences, People : (3) Arts and sciences, research §130.4 of the Criminal Code was the authorities have adopted a (1) Whoever, in a manner that is and teaching shall be free. strengthened. It now provides range of measures aimed at capable of disturbing the public The freedom of teaching shall not that a person who publicly or in a fighting right-wing extremist, 19 peace: release any person from gathering disturbs the public xenophobic and anti-semitic 1. incites hatred against allegiance to the constitution. peace by harming the dignity of crimes. These include supporting segments of the population or the victims of the Nazi regime or victims, assisting perpetrators to calls for violent or arbitrary who approves, glorifies or break out of extremist groups and measures against them; or justifies the genocide committed seeking to prevent young people 2. assaults the human dignity of under the Nazi regime can be from going down the path of others by insulting, maliciously sentenced to imprisonment for up extremist activity. The police are maligning, or defaming segments to three years. This section also taking an increasingly active of the population, shall be applies in particular to memorial role in working to prevent racist, punished with imprisonment from places of Holocaust victims. xenophobic and anti-semitic three months to five years. According to the Ministry of the crime. Local programmes (2) Whoever: Interior, the number of continue to be funded, although 1. with respect to writings demonstrations by neo-Nazi some on only a short-term basis. (Section 11 subsection (3)), which organisations clearly decreased incite hatred against segments of in 2007 (down from 126 in 2006 At the time of writing, debates the population or a national, racial to 66 in 2007), thanks to the were also occurring on the or religious group, or one intensified application of §130.4 possibility of introducing racist characterized by its folk customs, of the Criminal Code. The motivations as a specific which call for violent or arbitrary authorities have also referred to aggravating circumstance under measures against them, or which section 129 of the Criminal Code, section 46 of the Criminal Code. assault the human dignity of which prohibits forming, being a Although the concept of “hate others by insulting, maliciously member of, recruiting members crimes” is not expressly maligning or defaming segments to or supporting organisations of recognised as such in the of the population or a previously which the aims or activity are German Criminal Code since indicated group: directed towards the commission 2001 the police have gathered a) disseminates them; of crimes. This provision was statistics on “politically motivated b) publicly displays, posts, successfully used to sentence the offences” (divided into four presents, or otherwise makes members of a right-wing categories: “left-wing”, them accessible; extremist music group that “rightwing”, politically motivated c) offers, gives or makes sought to use their band as a activities by foreigners and other accessible to a person under political instrument and to stir up types of politically motivated eighteen years; or hatred. crimes). These statistics cover, d) produces, obtains, supplies, inter alia, offences directed stocks, offers, announces, Some worrying developments against individuals due to their commends, undertakes to import have occurred in the political political beliefs, nationality, ethnic or export them, in order to use arena in Germany. The success origin, race, colour, religion, them or copies obtained from in Mecklenburg-Western ideology, origin, sexual them within the meaning of Pomerania in 2006 of the orientation, disability, appearance numbers a through c or facilitate National Democratic Party (NPD) or social status. Offences are such use by another; or – which has flags and symbols considered to be “extremist” if 2. disseminates a presentation of similar to Nazi paraphernalia and they are aimed at overthrowing the content indicated in number 1 which was labelled as “racist, the state. Xenophobic crimes by radio, anti-semitic and revisionist” in the (committed due to the victim’s shall be punished with 2006 Verfassungsschutzbericht – real or perceived nationality, imprisonment for not more than is a particular case in point. The ethnicity, race, skin-colour, three years or a fine. leader and two senior members religion or origin) and anti-semitic (3) Whoever publicly or in a of the NPD were indicted in early crimes (committed because of an meeting approves of, denies or 2008 on charges of racial anti-Jewish sentiment) are renders harmless an act incitement. Support for the party, registered as sub-groups of these committed under the rule of which receives state funding, offences. The vast majority of National Socialism of the type quadrupled in local elections in anti-semitic and xenophobic indicated in Section 220a Saxony in June 2008, and it is crimes recorded as politically subsection (1), in a manner now represented in all 10 motivated offences are registered capable of disturbing the public regional councils of Saxony. in the right-wing category. 20 piece shall be punished with Supporters of this party have Overall, 24.4% of right-wing imprisonment for not more than distributed xenophobic and anti- politically motivated crimes five years or a fine. semitic tracts in schools in recorded in 2007 were (4) Subsection (2) shall also apply several Länder and chanted anti- considered to be hate crimes. In to writings (Section 11 subsection semitic slogans during protest 2007, the Federal Criminal Police (3)) with content such as is marches. Attempts to ban the Office registered 17,176 indicated in subsection (3). party in 2003 failed, as some politically motivated offences, of (5) In cases under subsection (2), evidence against it had been which 980 were acts of violence. also in conjunction with improperly gathered by In 2006, 17,597 such offences subsection (4), and in cases of undercover informants; however, were recorded, 1,047 of which subsection (3), Section 86 suggestions that efforts should be were acts of violence. 16% of subsection (3), shall apply made to have the party banned registered right-wing extremist correspondingly. resurfaced in 2008. Meantime, offences registered in 2007 were the far-right German People’s recorded as having a xenophobic Union (DVU) won a number of background. NGOs working with seats in the Brandenburg victims of such crimes note, legislature. As mentioned however, that the parallel elsewhere in this report, a single- statistics they keep of racist issue anti-mosque movement incidents reported to them are created in Cologne won 5% of consistently higher than the votes (as well as 5 seats) in official statistics for the relevant recent local elections there. While politically motivated offences. most mainstream parties have for Representatives of victims of the most part avoided racist racist violence also emphasise comments or overtones, some that one of the key barriers to discourse aimed at Muslims has successful prosecutions of tended to focus essentially on offenders in this field is the security issues, or on a supposed narrow understanding of racism integration deficit of Muslims in that currently prevails in German society. Germany. As mentioned above (§ 84), there is no definition of Source: ECRI Report on racism in German law but it is Germany, 2009, available at: understood (including in official http://www.coe.int/t/dghl/monitori documents) as a view held ng/ecri/country-by- essentially by right-wing country/germany/deu-cbc-iv- extremists, and based on 2009-019-eng.pdf considerations as to the supposed biological superiority of certain “races” over others. NGOs point out that this understanding is widespread throughout German society, including in the criminal justice system, i.e. amongst police, prosecutors and judges. Thus, unless the perpetrators of crimes are clearly identifiable as members of right-wing extremist groups or sympathisers of such groups, crimes based on racist motivations may not be investigated or prosecuted as such. Even if they are, judges’ understanding of racism, 21 combined with the absence of a specific reference in the Criminal Code to racist motivations as an aggravating circumstance for ordinary offences may again make it difficult to get an appropriate conviction. ECRI is concerned that because of this, persons having committed racist offences may be escaping due prosecution and punishment for their acts. The mere fact that the perpetrator of a violent crime has no manifest links with the extreme right-wing scene does not mean that they had no racist motivations for their act.

Source: ECRI Report on Germany, 2009, available at: http://www.coe.int/t/dghl/monitori ng/ecri/country-by- country/germany/deu-cbc-iv- 2009-019-eng.pdf

Greece Law L. 927/1979 Constitution Although racist propaganda Very limited jurisprudence on A legislative Drafting Committee Article 1 : Whoever, either orally or Article 14 : 1. Every person may leading to violence against incitement to hatred exists. The has been established in the in the press or in written articles express and propagate his immigrants and refugees is an most famous trial was the one of Ministry of Justice with the aim of or images or by any other means, thoughts orally, in writing and escalating phenomenon in Kostas Pleuris who was accused transposing into Greek legislation incites on purpose actions through the press in compliance Greece, limited action has been for violations of L. 927/1979 (as the Council Framework Decision possible to cause discrimination, with the laws of the State. taken to tackle the issue. writer of an allegedly anti-semitic 2008/913/JHA of 28 November hatred or violence against 2. The press is free. Censorship Incidents of racist violence are book) but was found innocent at 2008 on combating certain forms persons based only on reasons of and all other preventive rarely reported to the police due appeal stage. and expressions of racism and racial or national origin, is measures are prohibited. to alleged indifference by the A number of persons have xenophobia by means of criminal punished with imprisonment up to 3. The seizure of newspapers police and impunity of the however been successfully law. two years or with a fine or with and other publications before or perpetrators. Moreover, many of prosecuted in the last couple of both punishments after circulation is prohibited. the victims are undocumented years for anti-semitic or anti- A Code of Police Ethics has been Seizure by order of the public migrants or refugees who fear Roma publications : adopted and an order was issued prosecutor shall be allowed arrest and deportation in case On 19 September 2008, the in 2004 on the non-use of exceptionally after circulation and they approach the police Court of Appeals of Athens degrading terms by the police, in case of: authorities to report such sentenced the publisher of the either in writing or orally, against a) an offence against the incidents. The authorities, on newspaper “Eleftheros Kosmos” Roma. The Greek authorities Christian or any other known their part 'turn a blind eye' and do and one of its former columnists have informed that the religion. not initiate criminal procedures to a five-month suspended audiovisual and written media b) an insult against the person of against extreme right groups who sentence under this law for an have adopted a code of conduct the President of the Republic. organise racist propaganda either article in the newspaper’s 12 and that as concerns the former, c) a publication which discloses on the internet or in the streets. March 2006 issue which the National Radio and Television information on the composition, Racist propaganda by so called contained anti-semitic Council can impose sanctions in equipment and set-up of the “angry citizens”, including statements. The same persons cases of racist speech, and has armed forces or the fortifications members of the extreme right were also convicted, with a third done so. The authorities of the country, or which aims at organisation ‘Chrisi Avgi’ is defendant for an article published consider, however, that freedom the violent overthrow of the organised in urban areas, where in the same paper on 18 June of speech should prevail and regime or is directed against the there is a high concentration of 2006 with language inciting emphasis should be placed on territorial integrity of the State. immigrant and refugee population hatred against Roma. On 13 awareness-raising. The 22 d) an obscene publication which such as the area of Agios December 2007, a person well authorities have informed that a is obviously offensive to public Panteleimonas in central Athens. known for his extreme right-wing campaign on multiculturalism in decency, in the cases stipulated It includes demonstrations opinions was also sentenced, by the media to promote cultural by law. shouting slogans against the Athens Court of Appeal under dialogue has been waged. 4. In all the cases specified under immigrants, dissemination of Law 927/1979, for a patently anti- the preceding paragraph, the leaflets and recruitment of young semitic book to a 14 month Source: the 2009 ECRI Report on public prosecutor must, within members in schools. suspended sentence and 3 years Greece, available at: twenty-four hours from the probation. However, the http://www.coe.int/t/dghl/monitori seizure, submit the case to the defendant appealed and was ng/ecri/Country-by- judicial council which, within the acquitted on 27 March 2009. country/Greece/GRC-CbC-IV- next twenty-four hours, must rule Overall, law 927/1979 continues 2009-031-ENG.pdf . whether the seizure is to be to be rarely implemented, maintained or lifted; otherwise it although information indicates shall be lifted ipso jure. An cases of incitement to racial appeal may be lodged with the hatred in Greece. For example, Court of Appeals and the the leader of a right-wing Supreme Civil and Criminal Court extremist party, who often makes by the publisher of the public anti-semitic and racist newspaper or other printed statements, including blaming matter seized and by the public immigrants for a surge in drug- prosecutor. related crimes and violence, has 5. The manner in which full not been prosecuted for any of retraction shall be made in cases his statements under Law of inaccurate publications shall 927/1979 so far. There are also be determined by law. reports on reports of some 6. After at least three convictions prosecutors, including the chief within five years for the criminal prosecutor, making racist or anti- acts defined under paragraph 3, semitic statements without facing the court shall order the definitive any sanctions. ban or the temporary suspension NGOs have further informed that of the publication of the paper the above cases were brought to and, in severe cases, shall court on their initiative. Therefore, prohibit the convicted person more action on the Prosecutor’s from practising the profession of part is necessary in this regard as journalist as specified by law. it appears that he rarely brings The ban or suspension of cases to court ex officio. The publication shall be effective as Greek authorities have informed of the date the court order that, for this purpose, a special becomes irrevocable. Prosecutor has been recently 7. Press offences shall be subject appointed as a contact person in to immediate court hearing and respect of such crimes and, by shall be tried as provided by law. circular of the Ministry of Justice, 8. The conditions and all prosecutions based on Law qualifications requisite for the 927/1979 are monitored, relevant practice of the profession of statistical details being sent to the journalist shall be specified by National Focal Point on Racism law. and Xenophobia. 9. The law may specify that the means of financing newspapers Source: the 2009 ECRI Report on and periodicals should be Greece, available at: disclosed. http://www.coe.int/t/dghl/monitori ng/ecri/Country-by- country/Greece/GRC-CbC-IV- 2009-031-ENG.pdf . 23 Hungary Constitution Constitution A particularly alarming Article 70/A : (1) The Republic of Article 61 : (1) In the Republic of development has occurred in Hungary shall ensure the human Hungary everyone shall have the Hungary in the form of a sharp rights and civil rights for all right to freedom of expression, rise in racism in public discourse. persons on its territory without and furthermore to receive and Anti-semitic articles regularly any kind of discrimination, such impart information of public appear in the press and on the as on the basis of race, color, interest. internet, and anti-Roma gender, language, religion, (2) The Republic of Hungary shall discourse appears to be political or other opinion, national recognize and protect the becoming increasingly virulent or social origins, financial freedom of the press. and wide-spread. The creation situation, birth or on any other (3) A majority of two-thirds of the and increasing visibility of one grounds whatsoever. votes of the Members of radical right-wing group in (2) Any kind of discrimination Parliament present shall be particular has led to grave described in paragraph (1) shall required to pass the statute on concerns amongst members of be strictly penalized by the the public access to information civil society and the government, statute. of public interest and the statute due not only to the group’s (3) The Republic of Hungary shall on the freedom of the press. openly anti-Roma and anti- promote the equality of rights for (4) A majority of two-thirds of the semitic discourse but also to its everyone through measures votes of the Members of paramilitary-style uniforms and aimed at eliminating the inequality Parliament present shall be insignia that are strongly in opportunity. required to pass the statute on reminiscent of a right-wing party the supervision of public radio, that briefly held power in Hungary Criminal Code television and the public news during the second World War, Section 155 : (1) The person who - agency, as well as the and during whose term in power with the aim of the total or partial appointment of the directors tens of thousands of Jews and extermination of a national, thereof, on the licensing of Roma were killed. At least one ethnic, racial or religious group - commercial radio and television, act of racist violence appears to a) kills the members of the group, and on the prevention of have been linked to the racist b) causes serious bodily or information monopolies. discourse of this group. mental injury to the members of Building on, at least in part, from the group because they belong to a series of highly charged anti- the group, government demonstrations at c) constrains the group into such the end of 2006, there has been conditions of life which menace a disturbing increase in racism the group or certain members and intolerance in public thereof with death, discourse in Hungary. In d) takes such a measure which is particular, the creation and rise of aimed at the impediment of births the radical right-wing Hungarian within the group, Guard (Magyar Garda) – a group e) displaces the children bearing close ties to a well known belonging to the group into radical right-wing political party – another group is consistently cited as a cause commits a felony and shall be for deep concern. Since its punishable with imprisonment creation in August 2007 and the from ten to fifteen years or life public swearing in of several imprisonment. hundred new members in (2) The person who commits October 2007, the Hungarian preparation for genocide, shall be Guard has organised numerous punishable for a felony with public rallies throughout the imprisonment from two country, including in villages with years to eight years. large Roma populations; despite apparently innocuous articles of Section 157 : (1) The person who - association, amongst the group’s with the aim of the obtention and chief messages is the defence of 24 maintenance of domination by ethnic Hungarians against so- one racial group of people called “Gypsy crime”. Members of over another racial group of the Hungarian Guard parade in people and/or with the aim of the matching, paramilitary-style black regular oppression of the other boots and uniforms, with insignia racial group - and flags closely resembling the a) kills the members of a racial flag of the Arrow Cross Party, an group or groups, openly Nazi organisation that b) constrains a racial group or briefly held power in Hungary groups to such conditions of life during World War II, and during by which it strives for the total or whose spell in power tens of partial physical thousands of Jews and Roma annihilation of the groups were killed or deported. commits a felony and shall be In January 2008, the Prosecutor punishable with imprisonment General initiated court from ten to fifteen years or life proceedings to ban the imprisonment. Hungarian Guard; at the time of (2) The person who commits writing, these proceedings were another crime of apartheid, shall still pending. As reported by be punishable for a felony from eyewitnesses, an ugly five to ten years. atmosphere prevailed, however, (3) The punishment shall be at the hearing held in spring imprisonment from ten to fifteen 2008. No police were present years or life imprisonment, if the outside the courtroom, and criminal act of dozens of uniformed members of apartheid described in subsection the group blockaded the room, (2) has given rise to serious filling it with their own supporters consequences. and physically preventing (4) For the purposes of members of the public not subsections (2) and (3), the crime wearing the group’s colours from of apartheid shall mean the crime entering. A complaint, which is of apartheid defined in also still pending, was lodged paragraphs a)/(ii), a)/(iii), c), d), against the judge for failing to e), and f) of Article II of the keep order. Other extremist International Treaty on the marches and rallies have also Combat and Punishment of been held in recent months, Crimes of Apartheid, adopted on along with increasingly strong 30 November 1973 by the counter-demonstrations. In General Assembly of the the February 2008, an annual rally United Nations Organisation commemorating the attempt by in New York promulgated by Law- German and Hungarian troops to Decree No. 27 of 1976. break out of a besieged Budapest in 1945 was held in the Budapest Section 174/B : (1) The person city centre. During the march, a who assaults somebody else wooden cross displaying the because he belongs or is believed words “Blood and Honour” (the to belong to a national, ethnic, name of the banned extremist racial or religious group, or group of which the organiser of coerces him with violence or the rally was formerly a leader) menace into doing or not doing or was erected. At the same time, into enduring something, commits hundreds of anti-fascists a protested nearby. In March, a felony and shall be punishable neo-Nazi rally outside a Budapest with imprisonment up to five ticket office attracted around 25 years. 1000 demonstrators; close by, (2) The punishment shall be around 3000 people, including imprisonment from two years to the Prime Minister, held a eight years, if the act of crime is counter-demonstration. committed Beyond the contents of the a) by force of arms, message propounded by the b) in an armed manner, Hungarian Guard, civil society c) causing a considerable injury of actors have emphasised their interest, concern that some mainstream d) with the torment of the injured political parties have made little party, or no effort to distance e) in groups, themselves from the group, f) in criminal conspiracy. sending at least an implicit message to the broader public Section 269 : A person who incites that there is nothing disquieting in to hatred before the general its stance. Some NGOs have public against also underlined that by a) the Hungarian nation, repeatedly giving prominent b) any national, ethnic, racial coverage to this group – which, group or certain groups of the though active and highly vocal, at population, shall be punishable present remains relatively small – for a felony offense with , the Hungarian media is imprisonment up to three years. contributing to its rise. Moreover, latent racist and xenophobic Section 269/B : (1) The person attitudes are already reported to who be strong and deeply rooted. This a) distributes; is reflected, for example, in a b) uses before great publicity; survey carried out in February c) exhibits in public; 2007 in which 68% of the a swastika, the SS sign, an arrow- respondents said they would not cross, sickle and hammer, a five- accept in Hungary immigrants pointed red star or a symbol and refugees from Pyresia, a depicting the above, - fictitious country. It is also unless a graver crime is realized - reflected in at least some commits a misdemeanor, and instances of the media’s reporting shall be punishable with fine. of crimes in which the accused is a member of the Roma minority, as well as in reactions in some villages to the arrival of Roma residents. Overall, many actors emphasise a trend in which racist and xenophobic discourses are increasingly seen as legitimate by Hungarian society. A permanent Holocaust Memorial Centre was opened in February 2006, and efforts have been made to determine the status and whereabouts of Hungary’s Holocaust records. In addition, Act XLVII of 2006 created an opportunity to seek compensation for individuals whose immediate relatives were killed in the 26 Holocaust or were sent to Soviet forced labour camps to seek compensation. A lump sum of 400 000 HUF (around 1 500 €) may be awarded to eligible individuals for each parent, sibling or child who was killed. The Act took effect on 31 March 2006 and, though initially scheduled to remain in force for only four months, was subsequently extended so as to expire in January 2007. 97 500 claims were made, many of which are still being processed. On a more symbolic level, the name of a former high-ranking Nazi official was removed from the title of the National Epidemiology Centre. Overall, however, the situation does not appear to have improved. As regards the expression of anti- semitic views, two weekly newspapers regularly publish anti-semitic material. In March 2008, a particularly virulent anti- semitic article was published by one of the major daily newspapers, and led to considerable protest. Numerous far-right web-sites that include anti-semitic material also exist. The content of these is reported to be subject to some monitoring by the authorities, due to the prohibition on the use of certain Nazi symbols; however, ECRI is not aware of any steps taken by the authorities against any of these sources, or indeed whether any of them have in fact contravened Hungarian law. Anti- semitism has also been openly espoused by certain political parties, which used xenophobic and anti-semitic slogans during the April 2006 elections for the National Assembly. Groups such as the Hungarian Guard also openly express anti-semitic views, and NGOs report that even some mainstream parties do little to distance themselves 27 from such opinions. Overall, the sense is that the expression of anti-semitic views is currently on the rise in Hungary. ECRI observes in this respect that the main problems faced by refugees and other migrants in integrating in Hungarian society appear to stem directly from the deeply entrenched negative stereotypes and attitudes of the general public towards them.

Source: ECRI Report on Hungary, 2009, available at http://www.coe.int/t/dghl/monitori ng/ecri/country-by- country/hungary/HUN-CbC-IV- 2009-003-ENG.pdf

Iceland Constitution Constitution The climate of opinion regarding Article 65 : Everyone shall be Article 73: Everyone has the right Muslims in Iceland is reported to equal before the law and enjoy to freedom of opinion and belief. have somewhat deteriorated human rights irrespective of sex, Everyone shall be free to express since ECRI’s last report, religion, opinion, national origin, his thoughts, but shall also be particularly as a result of the race, colour, property, birth or liable to answer for them in court. association sometimes made other status. The law may never provide for between Muslims and Men and women shall enjoy equal censorship or other similar fundamentalism or terrorism. rights in all respects. limitations to freedom of Negative stereotypes and expression. generalisations concerning Criminal Code Freedom of expression may only Muslims are reported to be found Article 180 : Anyone who in the be restricted by law in the in the media, notably private course of business or service interests of public order or the television and radio channels, but practice refuses delivery of goods security of the State, for the also in some cases in political or services to a person in equal protection of health or morals, or and public debate. A few measure to others on the basis of for the protection of the rights or instances of physical or verbal the nationality of the latter, colour, reputation of others, if such harassment of Muslims have also race, religion or sexual inclination restrictions are deemed been reported to ECRI. More shall be subject to fines or necessary and in agreement with generally, ECRI’s attention has imprisonment for up to 6 months. democratic traditions. been drawn to surveys which … seem to point to a certain Criminal Code mistrust of the general public Article 233, a): Anyone who does Article 125 : Anyone officially towards Muslims. Stereotyping by means of ridicule, ridiculing or insulting the dogmas and stigmatising remarks on calumniation, insult, threat or or worship of a lawfully existing members of minority groups are otherwise assault a person or religious community in this reported to be made sometimes group of persons on account of Country shall be subject to fines on the broadcast private media. their nationality, colour, [race, or imprisonment for up to 3 On some occasions, material religion or sexual inclination] shall months. Lawsuits shall not be portraying immigrants in a be subject to fines or brought except upon the negative or stereotypical way has imprisonment for up to 2 years instructions of the Public also appeared in the press. ECRI Prosecutor. notes that codes of self- regulation of journalists exist in Iceland and that on a few 28 occasions they have been used to address these instances.

Ireland Prohibition of Incitement To Constitution The Irish police keep records of Hatred Act Article 40, 6): 1° (i) The right of the number of reported racist Article 2 : (1) It shall be an offence the citizens to express freely their crimes. According to their for a person— convictions and opinions. statistics, 85 offences with a ( a ) to publish or distribute written The education of public opinion racist motive were recorded in material, being, however, a matter of such 2005 and 66 were recorded in ( b ) to use words, behave or grave import to the common 2004. 81 such offences were display written material— good, the State shall endeavour recorded in 2003 and 102 were (i) in any place other than inside a to ensure that organs of public noted in 2002. These statistics private residence, or opinion, such as the radio, the further indicate that the most (ii) inside a private residence so press, the cinema, while common types of offences are that the words, behaviour or preserving their rightful liberty of criminal damage, public order material are heard or seen by expression, including criticism of offences and assault. Since persons outside the residence, Government policy, shall not be 2000, 18 cases have been or used to undermine public order brought under the Prohibition of ( c ) to distribute, show or play a or morality or the authority of the Incitement to Hatred Act 1989 recording of visual images or State. and seven resulted in a sounds, if the written material, The publication or utterance of conviction. One noteworthy words, behaviour, visual images blasphemous, seditious, or conviction was the sentencing of or sounds, as the case may be, indecent matter is an offence a man to 20 months’ are threatening, abusive or which shall be punishable in imprisonment for painting insulting and are intended or, accordance with law. swastikas on synagogues in having regard to all the Dublin. The Irish authorities have circumstances, Article 44, 2): 1° Freedom of informed ECRI that as there are are likely to stir up hatred. … conscience and the free problems with the enforcement of Article 3 : (1) If an item involving profession and practice of the Prohibition of Incitement to threatening, abusive or insulting religion are, subject to public Hatred Act 1989, a range of visual images or sounds is order and morality, guaranteed to criminal sanctions are used for broadcast, each of the persons every citizen. offences such as intimidation, mentioned in subsection (2) is assault and harassment. Few guilty of an offence if he prosecutions have however been intends thereby to stir up hatred brought under this legislation. or, having regard to all the circumstances, hatred is likely to Source: ECRI Report on Ireland, be stirred up thereby. … 2007, available at: Article 4 : (1) It shall be an offence http://hudoc.ecri.coe.int/XMLEcri/ for a person— ENGLISH/Cycle_03/03_CbC_en ( a ) to prepare or be in g/IRL-CbC-III-2007-24-ENG.pdf possession of any written material with a view to its being distributed, displayed, broadcast or otherwise published, in the State or elsewhere, whether by himself or another, or ( b ) to make or be in possession of a recording of sounds or visual images with a view to its being distributed, shown, played, broadcast or otherwise published, in the State or else-where, whether by himself or another, 29 if the material or recording is threatening, abusive or insulting and is intended or, having regard to all the circumstances, including such distribution, display, broadcasting, showing, playing or other publication thereof as the person has, or it may reasonably be inferred that he has, in view, is likely to stir up hatred. … Article 6 : A person guilty of an offence under section 2, 3 or 4 shall be liable— ( a ) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or ( b ) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both.

Italy Law 645/1952 (implementing the Constitution In 2009-2010, UNHCR observed The case-law related to racial The National Office for the Constitutional norm on the Art. 21 : Anyone has the right to a hardening of official attitudes hatred has been significantly promotion of equal opportunities prohibition of reorganization of the freely express their thoughts in towards migrants including growing. However, it can be and the elimination of the fascist party) speech, writing, or any other form asylum seekers and an assumed that several cases do discrimination based on race and Article 1 : For the purposes of the of communication. increasingly worrying public not emerge due to the vulnerable ethnicity (UNAR) is the equality twelfth transitory and final (first The press may not be subjected debate of these issues - in position of the victims (ex. body which was established, paragraph) of the Constitution, it to any authorisation or particular within the political irregular migrants) or to their fear under the governmental was reorganizing the dissolved censorship. discourse - related to of retaliation or for being Department for equal fascist party when an association, Seizure may be permitted only by migration/asylum, Roma addressed with an action for opportunities, within the domestic a movement or at least a group of judicial order stating the reason population and integration, slander. However, the implementation of the Directive at least five people pursue their and only for offences expressly sparking xenophobia and hate aggravating circumstance of 2000/43. UNAR is the national undemocratic goals of the fascist determined by the law on the speech. In this context, UNHCR racial hatred can be directly institution in charge for granting party, enhancing, or threatening press or in case of violation of the has been the driving force in a raised by the public prosecutor, the effective implementation of using violence as a method of obligation to identify the persons national campaign against racism and not only by the injured party. racial, ethnical and religious political struggle or advocating the responsible for such offences. and xenophobia, undertaken by a Examples: antidiscrimination rules, through suppression of the freedoms In such cases, when there is network of NGOs and - An important case regards F. monitoring and supervising guaranteed by the Constitution or absolute urgency and timely stakeholders, and supported the Tosi, current mayor of the activities (including a referral denigrating democracy, its intervention of the introduction of the "Charter of municipality of Verona (member mechanism providing assistance institutions and values of strength, Judiciary is not possible, a Rome" (a code of conduct for of the city council at the time of for victims of discrimination) and or acting racist propaganda, periodical may be confiscated by guiding the media on how to the described events), and other active campaigns. which addresses its activities to the criminal police, which shall report on asylum and migration five members of his political the exaltation of leaders, immediately and in no case later issues, adopted by the Italian party. The offences stemmed principles, facts and methods of than 24 hours refer the matter to Federation of Journalists in 2008) from a political campaign, entitled that party or its outward the Judiciary for validation. In and a consequent Observatory "Via gli zingari da Verona!", with manifestations of character turns default of such validation in the on its effective implementation. the purpose to exclude the Sinti fascist. following 24 hours, the measure Moreover, the adoption in 2008 of minority from the local Article 2 : Anyone who promotes, shall be revoked and considered a set of governmental measures community. The first instance organizes or directs associations, null and void. involving a number of restrictive judge convicted the six persons movements or groups indicated in The law may introduce general provisions on migration and accused for the crime set out in Art. 1, shall be punished with provisions for the disclosure of asylum law (known as "Security Art. 3, par. 1 L. 654/75: spread of 30 imprisonment from five to twelve financial sources of periodical Package") seriously affected the racist ideas and incitement to years and a fine ranging from two publications. general approach towards commit racial discrimination acts to twenty million dollars. Publications, performances, and migrants, thus fueling hostility. (Tribunal of Verona, dec. Anyone participating in such other exhibits offensive to public Moreover, with reference to the 2203/2004). The second instance associations, movements or morality shall be prohibited. recent incident occurred in the judge confirmed the sentence groups shall be punished with Measures of preventive and Mediterranean sea involving the with regard to the offence of imprisonment from two to five repressive measure against such Libyan patrol-boat shooting at an “spreading”, but discharged the years and a fine ranging from violations shall be established by Italian fishing-vessel (12 Sept. defendants from "instigation", 1,000,000 to 10,000,000 lire. law. 2010), the Minister of Interior, in a according to Art. 3.1 as reframed If the association, movement or TV-news interview, declared that by the 2006 amendment (Court of group takes in all or part of the the Libyans might have thought it Appeal of Venice, dec. 2.4.2007). character of armed or paramilitary was a boat carrying irregular The Supreme Court of Cassation organization, which makes use of migrants (“clandestini”). This issued a judgement on the case, violence, the penalties mentioned ambiguous statement could lead stating the inconsistency of the in the preceding paragraphs shall to misinterpretation: it might be Court of Appeal's reasoning be doubled. read by the public opinion as a (Cass. 13234/2008): the Court of The organization is considered potential justification of violent Appeal restructured the armed if the promoters and actions against migrants and argumentation but confirmed the participants, however, the refugees. In addition, we have sentence to two months availability of weapons or also noted a general lack of imprisonment exclusively for explosives are stored anywhere. awareness on the relevance of “propaganda” of racist ideas (C. Without prejudice to art. 29, first racial hatred affecting the public Appeal Venice 20.10.2008, finally paragraph, of the Criminal Code, debate. The inadequate standard corroborated by Cass. the conviction of the promoters, of respect for human dignity and 41819/2009). organizers or leaders of the diversity in the political discourse - A second example concerns matter in any case, the represents a crucial aspect but last year's incidents which deprivation of rights and of the has been "normalized": hence, it occurred in Venice during a offices specified in art. 28, second is not fully perceived as a public initiative to celebrate the paragraph, points 1 and 2 of the distortion/danger by the public Lega Nord political party (Sept. Criminal Code for a period of five opinion. Finally, it is to be 2009). A group of activists years. The condemnation of the mentioned that because of the assaulted two persons participants matter for the same lack of integration assistance, respectively of Algerian and period of five years deprivation of migrants and refugees often Albanian origin, and damaged the rights under Art. 28, second remain destitute and end up in restaurant they were working for. paragraph, no 1, Penal Code poor living conditions (ex. In the case, which is still pending: squatting in abandoned buildings the public prosecutor requested Law 962/1967 (implementation of or train stations) and labour for the application of the the 1948 Genocide Convention) exploitation. This is the situation aggravating circumstance of Article 8 : Whoever publicly incites in many large cities and other racial hatred and the first hearing to commit any crimes predicted in areas of Campania, Calabria, before the criminal judge was articles 1 to 5, shall be punished, Apulia and Siciliy. In this context, held on 28.9.2010. simply because of the instigation, racism and xenophobia may - The Supreme Court of with imprisonment from three to grow, as happened in Rosarno Cassation has developed twelve years. (Calabria), where migrant farm different interpretations on the The same penalty applies to workers were attacked by aggravating circumstance of anyone who publicly advocates residents (8/10.1.2010). racial hatred, in similar cases of any of the crimes provision in the insults targeting third country preceding paragraph. nationals (as per Art. 594 criminal code, which sanctions in general Law 654/1975 (implementation of offences against personal 1966 ICERD) reputation and dignity). In Cass. Art. 3 : Unless the act constitutes Sez. V, dec. 19378/05, calling a a serious crime, for the person “marocchino” instead of implementation of the provisions using name/surname was 31 of Art. 4 of the Convention shall punished; in Cass. dec. be punished with imprisonment 44295/05, using the insulting from one to four years: words “sporche negre” was not a) who in any way disseminates deemed to imply any racial ideas based on racial superiority hatred for lack of external or hatred; dimension of the related b) a person who incites to behaviour; on the contrary, in discrimination in any way, or Cass. Sez. V, dec. 9381/06, the incites to commit or committing same insult was considered as acts of violence or provocation of based on racial discrimination violence against people because grounds: the Court stated that they belong to a national, ethnical when targeting a member of an or racial group. ethnic minority, “sporco negro” is prohibited any organization or always constitutes an aggravated association having among its insult. purposes to incite racial hatred or discrimination. Who participates in such organizations or associations, or renders assistance to their business, shall be punished merely because of participation or assistance, with imprisonment from one to five years. Penalties are increased for the leaders and promoters of these organizations or associations.

The Criminal Code (freedom of religion)

Kazakhstan Constitution Constitution. On 29-30 June 2010, Kazakhstan Article 14 : 1. Everyone shall be Article 20: 1. The freedom of hosted the OSCE Conference on equal before the law and court. speech and creative activities Tolerance and Non- 2. No one shall be subject to any shall be guaranteed. Censorship Discrimination where the issues discrimination for reasons of shall be prohibited. of religious tolerance were origin, social, property status, 2. Everyone shall have the right predominantly discussed while occupation, sex, race, nationality, to freely receive and disseminate the issues of tolerance towards language, attitude towards information by any means not migrants and refugees did not religion, convictions, place of prohibited by law. The list of receive any coverage. residence or any other items constituting state secrets of The official statistics on hate circumstances. the Republic of Kazakhstan shall crimes is provided by the be determined by law. Committee of Legal Statistics and Article 19 : 1. Everyone shall have 3. Propaganda of or agitation for Special Reporting of the the right to determine and indicate the forcible change of the Prosecutor General’s Office of or not to indicate his national, constitutional system, violation of Kazakhstan. However, this data party and religious affiliation. the integrity of the Republic, is not disaggregated in terms of 2. Everyone shall have the right to undermining of state security, the characteristics of a victim use his native language and and advocating war, social, (their origin, age, etc.), culture, to freely choose the racial, national, religious, class perpetrator, motive, type of crime, language of communication, and clannish superiority as well etc. According to UNHCR data, education, instruction and as the cult of cruelty and violence during 2010, there have been no creative activities. shall not be allowed. serious incidents of manifestations of discrimination 32 Article 20 : against any of the ethnicities 3. Propaganda of or agitation for including the refugee population. the forcible change of the UNHCR and its implementing constitutional system, violation of partner (Kazakhstan International the integrity of the Republic, Bureau for Human Rights and undermining of state security, and Observation of Lawfulness) advocating war, social, racial, regularly hold seminars and national, religious, class and training sessions for law- clannish superiority as well as the enforcement bodies, the cult of cruelty and violence shall migration police, prosecutors and not be allowed. judiciaries to ensure the understanding of refugee and asylum concepts in line with international refugee law standards. UNHCR with assistance of other local NGOs (such as Red Crescent Society) and local city councils annually organises public events dedicated to the World Refugee Day with broadcasting refugee-related films, photo exhibitions and other events for both the local population and refugees in order to raise the public awareness and promote the tolerance in respect of refugees. Life stories to demonstrate the positive image of refugees are periodically published in local newspapers.

Kyrgyzstan Constitution Constitution There are no publicly available The Government established the Article 5 : 1. The state language of Article 16 : 2. Every person in the statistics on hate crimes. State Directorate for Rebuilding the Kyrgyz Republic shall be the Kyrgyz Republic shall enjoy the The events which took place in and Reconstruction of Osh and Kyrgyz language. right: to free expression and April 2010 in Maevka village Jalalabat to oversee and 2. The Kyrgyz Republic dissemination of ones thoughts, (http://www.rferl.org/content/For_ coordinate reconstruction guarantees the preservation, ideas, opinions, freedom of Meskhetian_Turks_Kyrgyz_Attac activities (page 11 of Kyrgyzstan equal and free development and literary, artistic, scientific and ks_Are_More_Of_The_Same/201 Flash Appeal). Later the functioning of the Russian technical creative work, freedom 9565.html ) Government conducted a language and all the other of the press, transmission and and in June 2010 in the Southern roundtable discussion "Inter- languages, used by the dissemination of information provinces of Osh and Jalalabat ethnic dialogue: agreement and population of the Republic. (ICG report "The Pogroms in tolerance", funded by the Turkish 3. Infringement upon citizens’ Kyrgyzstan" No. 193, 23 August government (Russian version: rights and freedoms based upon 2010, http://www.atamekenkg.com/inde lack of knowledge or command of http://www.crisisgroup.org/en/regi x.php?option=com_content&view the state language is not allowed. ons/asia/central- =article&id=7646:2010-10-04-10- asia/kyrgyzstan/193-the- 12-00&catid=99:politic&Itemid Article 15 : 3. All persons in the pogroms-in-kyrgyzstan.aspx ) are =29 ) Kyrgyz Republic shall be equal still awaiting qualification. before the law and the court. No Such a qualification may be one may be exposed to any offered by an International discrimination, infringement of Commission of Inquiry rights and freedoms, on the (http://www.hrw.org/en/news/201 33 motives of origin, sex, race, 0/07/07/kyrgyzstan-international- nationality, language, creed, investigation-planned ). political and religious convictions The conclusions on whether the or by any other public or personal above mentioned acts were conditions or circumstances. related to hate crimes/incitement to hatred can be made only upon completion of the investigation. The civil society urges the international community to conduct an independent investigation (http://enews.ferghana.ru/article.p hp?id=2664 )

Latvia Constitution Constitution The number of racially-motivated As regards implementation, the Several programmes have been Section 91 : All human beings in Section 100 : Everyone has the attacks targeting visible minorities Latvian authorities have indicated adopted and are being Latvia shall be equal before the right to freedom of expression, has been increasing while the that since the entry into force of implemented, including the law and the courts. Human rights which includes the right to freely response to such attacks by the the Criminal Code in 1999, Article National Programme “Integration shall be realised without receive, keep and distribute authorities including within the 150 and 151 have never been of Society in Latvia”, the National discrimination of any kind. information and to express their criminal law justice system applied. From 1999 until the end Programme for the Promotion of views. Censorship is prohibited. cannot be deemed adequate. of 2006, proceedings under Tolerance in Latvia (2005-2009) Criminal Code The use of racist discourse, by Article 78 were introduced in 26 and the National Action Plan on Section 48 : (1) The following may some politicians and in the media cases, out of which 13 were Roma in Latvia (2007-2009). be considered to be aggravating remains a problem. Such racist initiated in 2005. These cases Efforts have been made to circumstances: 14) the criminal discourse is geared towards mostly concern instances of increase the number of non- offence was committed due to immigrants, particularly racist speech, but also racist citizens being granted Latvian racist motives. newcomers, asylum seekers and violence. The majority of the citizenship, either by encouraging refugees, certain ethnic groups cases initiated in 2005 and 2006 or facilitating naturalisation. Section 71 : For a person who such as Roma, and religious are still under investigation while Measures have been taken to commits genocide, that is, minorities such as Muslims and some have been re-qualified as encourage the learning of the commits intentional acts for Jews. Some media and hooliganism or closed for a lack State language by members of purposes of the destruction in politicians also try to stir up of evidence or on other grounds. ethnic minorities including whole or in part of any group of interethnic tensions between In 2007, a total of 12 cases were through the establishment of the persons identifiable as such by Latvians and the Russian- initiated on the basis of Article 78 National Agency for Latvian nationality, ethnic origin, race, speaking population. The of the Criminal Code. There are Language Training. social class or a defined collective naturalisation process remains only a small number of those An anti-discrimination unit was belief or faith, by killing members slow and there is an urgent need cases which have been brought created within the Office of the of the group, inflicting upon them to solve the problems linked to to Court and ended up with a Ombudsman. physical injuries hazardous to life the status of non-citizens which conviction of the perpetrators. or health or causing them to makes people concerned feel like (Source: ECRI Third Report on become mentally ill, intentionally “second-class citizens”. Roma Latvia, adopted on 29 June 2007) causing conditions of life for such communities continue to suffer people as result in their physical from racism and discrimination, destruction in whole or in part, particularly in access to utilising measures the purpose of employment and education. which is to prevent the birth of children in such group, or (Source: ECRI Third Report on transferring children on a Latvia, adopted on 29 June 2007) compulsory basis from one group of persons into another, the applicable sentence is life imprisonment or deprivation of liberty for a term of not less than three and not exceeding twenty 34 years.

Section 78 : (1) For a person who commits acts knowingly directed towards instigating national or racial hatred or enmity, or knowingly commits the restricting, directly or indirectly, of economic, political, or social rights of individuals or the creating, directly or indirectly, of privileges for individuals based on their racial or national origin, the applicable sentence is deprivation of liberty for a term not exceeding three years or a fine not exceeding sixty times the minimum monthly wage. (2) For a person who commits the same acts, if they are associated with violence, fraud or threats, or where they are committed by a group of persons, a State official, or a responsible employee of an undertaking (company) or organisation, the applicable sentence is deprivation of liberty for a term not exceeding ten years.

Section 150 : For a person who commits direct or indirect restriction of the rights of persons or creation of whatsoever preferences for persons, on the basis of the attitudes of such persons towards religion, excepting activities in the institutions of a religious denomination, or commits violation of religious sensibilities of persons or incitement of hatred in connection with the attitudes of such persons towards religion or atheism, the applicable sentence is deprivation of liberty for a term not exceeding two years, or community service, or a fine not exceeding forty times the minimum monthly wage.

Section 151 : For a person who commits intentional interference 35 with religious rituals, if such are not in violation of law and are not associated with violation of personal rights, the applicable sentence is community service, or a fine not exceeding ten times the minimum monthly wage.

Liechtenstein Liechtenstein Penal Code Constitution of the Principality 1 JG 2005.32-49 § 283 Racial discrimination: of Liechtenstein The court found the person I. A person shall be punished with Art.40 : concerned guilty for violation of § imprisonment of up to two year, if Every person shall be entitled to 283 Penal Code. He put up a the person: freely express his opinion and to swastika banner as well as 1) publicly incites hatred or communicate his ideas by word another banner showing a Nazi discrimination against a person or of mouth or in writing, print or symbol, which could both be a group of persons on the basis of pictures within the limits of the seen from outside of his property. race, ethnicity, or religion; law and morality; no censorship Also, he publicly disseminated 2) publicly disseminates may be exercised except in ideologies aimed at the ideologies aimed at the respect of public performances systematic disparagement or systematic disparagement or and exhibitions. defamation of members of a race defamation of members of a race, or religion. Furthermore, he ethnicity or religion; imported, stored and distributed 3) organizes, promotes, or CD’s with Nazi content. participates in propaganda actions with the same objective; 4) publicly disparages or discriminates against a person or a group of persons on the basis of race, ethnicity, or religion in a manner violating human dignity, by means of spoken words, writing, images, electronically transmitted symbols, gestures, physical violence, or any other means; 5) publicly denies, grossly plays down the harm of, or attempts to justify genocide or other crimes against humanity, by means of spoken words, writing images, electronically transmitted symbols, gestures, physical violence, or a ny other means; 6) denies a service he or she provides that is meant for the general public to a person or a group of person on the basis of race, ethnicity, or religion; 7) participates as a member in an association whose activity consists of promoting or inciting racial discrimination. II) A person shall be punished in 36 the same manner, if the person 1) manufacters, imports, stores or distributes, for the purpose of further dissemination, documents, sound or image recordings, electronically transmitted symbols, depictions, or other objects of this sort whose content is racial discrimination within the meaning of paragraph 1; 2) publicly recommends, exhibits, offers or presents them. III) Paragraph 1 and 2 do not apply if the propaganda material or the act serves the purpose of art or science, research or education, appropriate reporting on current events or history, or similar purposes. § 33 Special aggravating circumstances It shall in particular be considered an aggravating circumstance if the perpetrator 5) has acted out of racist, xenophobic, or other particularly reprehensible motives.

Lithuania Constitution Constitution Investigations into the possible Article 25: … Freedom to express Article 25 : The human being shall breach of article 170 of the convictions and to impart have the right to have his own Criminal Code have been information shall be incompatible convictions and freely express opened, notably as concerns the with criminal actions—incitement them. The human being must not display of anti-semitic material in of national, racial, religious, or be hindered from seeking, the context of mass events led by social hatred, violence and receiving and imparting the local leaders of an extremist discrimination, with slander and information and ideas. Freedom political party. The Lithuanian disinformation. ... to express convictions, to receive media operates under a code of and impart information may not self-regulation, but material has Article 29 : All persons shall be be limited otherwise than by law, been published by them inciting equal before the law, the court, if this is necessary to protect the racial hatred, targeting notably and other State institutions and health, honour and dignity, the Jewish, Roma and Chechen officials. The rights of the human private life, and morals of a communities, but also material being may not be restricted, nor human being, or to defend the stigmatising these groups in a may he be granted any privileges constitutional order. more general way, including on the ground of gender, race, Freedom to express convictions reports revealing the ethnic origin nationality, language, origin, and to impart information shall be of persons found responsible of, social status, belief, convictions, incompatible with criminal or being investigated for or views. actions—incitement of national, committing crimes. racial, religious, or social hatred, In February and March 2004 a Criminal Code violence and discrimination, with series of articles of an anti- Article 169 : A person who has slander and disinformation. semitic character were published committed acts aimed at a certain The citizen shall have the right to in the daily newspaper group or members thereof on receive, according to the Respublika and that in March account of their ethnic procedure established by law, 2004 these articles were 37 background, race, sex, sexual any information concerning him published in a separate edition orientation , origin or religion with that is held by State institutions. which was received by all readers a view to interfering with their of that newspaper and of another right to participate as equals of newspaper, Vakaro žinios . ECRI other persons in political, notes that, at the request of civil economic, social, cultural or society organisations, the employment activity or to restrict General Prosecutor’s Office the human rights or freedoms of opened an investigation into such a group or its members, possible breach of Article 170 of shall be punished with the Criminal Code. ECRI also (a) community service work notes that the Inspector of (b) a fine Journalists’ Ethics and the (c) detention or Commission on the Ethics of (d) imprisonment for up to 3 Journalists and Editors concluded years. that the provisions against incitement to racial or religious Article 170 : A person who, by hatred contained in the Law on making public statements orally, Provision of Information to the in writing or by using the public Public had been breached and media, ridicules, expresses that an ad hoc commission set up contempt of, urges hatred to consider these articles towards or encourages concluded that the articles in discrimination against a group of question amounted to incitement residents or against a specific to racial hatred. However, ECRI person, on account of his or her notes that in March 2005 the sex, sexual orientation , race, General Prosecutor’s Office nationality, language, ethnicity, decided to discontinue the case, social status, faith, religion or reportedly on grounds, inter alia , beliefs, shall be punished with (a) that these articles did not a fine, (b) detention or (c) constitute incitement to racial imprisonment for up to 3 years hatred, but were rather of a humorous nature. Following Code of Administrative much public criticism of the Violations decision of the General Article 214 (12): Prosecutor’s Office to discontinue Article 214 (13): the case, the latter decided more recently to re-open the investigations. Other investigations into the possible breach of Article 170 have been opened, notably as concerns the display of anti- semitic material in the context of mass events led by the local leaders of an extremist political party. Investigations have also been opened into cases of desecration of Jewish cemeteries as well as destruction of private property and violation of public order with anti-semitic connotations. Some Lithuanian media have published material inciting to racial hatred, targeting 38 notably the Jewish, the Roma and Chechen communities, but also material stigmatising these groups in a more general way, including reports revealing the ethnic origin of persons found responsible of, or being investigated for committing crimes. A new code of self- regulation has been adopted and that the provisions against this type of material have been further clarified in the new code. There have been a number of cases where the Inspector of Journalists’ Ethics and the Commission on the Ethics of Journalists and Editors have taken action against the appearance of material of concern to ECRI. However, civil society organisations have consistently stated that media reporting on minority groups and their portrayal of such groups, which amount in some cases to incitement to hatred, constitutes at present a matter of priority concern to them. Reports indicate that racially inflammatory material is widely disseminated through the Internet. Apart from material contained in racist or xenophobic websites, this material also includes mail sent by members of the public onto Internet fora. Once again, the Jewish, Roma and Chechen communities are the most frequent targets of this material. In spite of cases having been reported to the General Prosecutor’s Office, no action has been taken in response to these cases. The Inspector of Journalists’ Ethics and the Commission on the Ethics of Journalists and Editors have reportedly reminded those in charge of the Internet fora of their responsibility to remove all material that incites to racial hatred. However, the material in question is reported to remain 39 available online for very long periods of time.

Source: ECRI Report on Lithuania, 2006, available at: http://hudoc.ecri.coe.int/XMLEcri/ ENGLISH/Cycle_03/03_CbC_en g/LTU-CbC-III-2006-2-ENG.pdf

Malta Criminal Code Constitution UNHCR has observed that the There is an ongoing court case Article 83B: General Provision Article 41: Protection of Freedom web-edition of the Times of Malta relating to freedom of speech applicable to offences which are of Expression: and other cyber blogs frequently involving a notorious political racially aggravated or motivated (1) Except with his own consent include private individuals' figure (Norman Lowell, the leader by xenophobia”: The punishment or by way of parental discipline, derogatory comments about of the right-wing party Imperium established for any offence shall no person shall be hindered in refugees and migrants, at times Europa) who regularly uses very be increased by one to two the enjoyment of his freedom of in quite aggressive language. explicit racial and religious degrees when the offence is expression, including freedom to Investigations were carried out by discriminatory discourse and was racially or religiously aggravated hold opinion without interference, the Police relating to YouTube convicted of three charges of within the meaning of sub-articles freedom to receive ideas and videos uploaded by a Maltese racial hatred. (3) to (6), both inclusive, of article information without interference, person expressing racial hatred 222A or is motivated, wholly or freedom to communicate ideas towards African migrants, as well partly, by xenophobia. and information without as to an anti-migrant Facebook interference (whether the page posting racist and Article 222A: Increase in communication be to the public xenophobic comments.There are punishment in certain cases”: (2) generally or to any person or also several places where graffiti The punishments established in class of persons) and freedom are seen, inciting racial or the foregoing provisions of this from interference with his religious hatred. In addition, sub-title shall also be increased correspondence. UNHCR receives reports from by one to two degrees when the (2) Nothing contained in or done refugees who have experienced offence is racially or religiously under the authority of any law racial discrimination or abuse. aggravated or motivated, wholly shall be held to be inconsistent or partly, by xenophobia within with or in contravention of the meaning of the following subsection (1) of this section to subarticles. the extent that the law in question (3) An offence is racially or makes provision -- religiously aggravated or (a) that is reasonably required -- motivated by xenophobia if: (i) in the interests of defence, (a) at the time of committing the public safety, public order, public offence, or immediately before or morality or decency, or public after the commission of the health; or offence, the offender (ii) for the purpose of protecting demonstrates towards the victim the reputations rights and of the offence hostility, aversion freedoms of other persons, or the or contempt based on the victim’s private lives of persons membership (or presumed concerned in legal proceedings, membership) of a racial or preventing the disclosure of religious group; or information received in (b) the offence is motivated, confidence, maintaining the wholly or partly, by hostility, authority and independence of aversion or contempt towards the courts, protecting the members of a racial group based privileges of Parliament, or on their membership of that group regulating telephony, telegraphy, (4) In subarticle (3) (a): posts, wireless broadcasting, “membership”, in relation to a television or other means of 40 racial or religious group, includes communication, public exhibitions association with members of that or public entertainments; or group; “presumed” means (b) that imposes restrictions upon presumed by the offender. public officers, (5) It is immaterial for the and except so far as that purposes of subarticle (3) (a) or provision or, as the case may be, (b) whether or not the offender’s the thing done under the hostility is also based, to any authority thereof is shown not to extent, on any other factor not be reasonably justifiable in a mentioned in those paragraphs. democratic society. (6) In this article: “racial group” (3) Anyone who is resident in means a group of persons Malta may edit or print a defined by reference to race, newspaper or journal published descent, colour, nationality daily or periodically: (including citizenship) or ethnic or Provided that provision may be national origins; “religious group” made by law -- means a group of persons (a) prohibiting or restricting the defined by reference to religious editing or printing of any such belief or lack of religious belief. newspaper or journal by persons under twenty-one years of age; and (b) requiring any person who is the editor or printer of any such newspaper or journal to inform the prescribed authority to that effect and of his age and to keep the prescribed authority informed of his place of residence. (4) Where the police seize any edition of a newspaper as being the means whereby a criminal offence has been committed they shall within twenty-four hours of the seizure bring the seizure to the notice of the competent court and if the court is not satisfied that there is a prima facie case of such offence, that edition shall be returned to the person from whom it was seized. (5) No person shall be deprived of his citizenship under any provisions made under section 301(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions.

Norway Criminal Code Constitution The use of racist and The Supreme Court judgment of Section 135, a) : 135 a. Any Article 100 xenophobic discourse by 21 December 2007 relating to person shall be liable to fines or There shall be freedom of Norwegian political parties virulent anti-semitic statements imprisonment for a term not expression. continues, often in connection made by the spokesman of an exceeding two years who by any No person may be held liable in with security concerns. For extreme right-wing group during utterance or other communication law for having imparted or instance, during the run-up to the an interview with one of Norway’s made publicly or otherwise received information, ideas or September 2005 general largest newspapers in July 2003. 41 disseminated among the public messages unless this can be elections, the Progress Party The accused had, among other threatens, insults, or subjects to justified in relation to the grounds (Fremskrittspartiet, FrP) things, stated that Jews were “the hatred, persecution or contempt for freedom of expression, which disseminated a brochure main enemy”, that they had any person or group of persons are the seeking of truth, the establishing, through text and “killed our people” and were because of their creed, race, promotion of democracy and the images, very clear links between “vicious murderers”. He had also colour or national or ethnic origin. individual’s freedom to form serious security issues and stated that Jews were “not The same applies to any such opinions. Such legal liability shall persons of foreign origin. More humans” but “parasites” that were offensive conduct towards a be prescribed by law. generally, many civil society to be “cleaned out”. He person or a group because of Everyone shall be free to speak actors find that the expression of furthermore stated that the their homosexual bent, life-style, his mind frankly on the anti-immigrant views in political organisation for which he was the or inclination. administration of the State and and public debate has become spokesman conducted weapons The same penalty shall apply to on any other subject whatsoever. more common in Norway in and combat training, and that he any person who incites or is Clearly defined limitations to this recent years. In particular, there did not care whether anything otherwise accessory to any act right may only be imposed when has reportedly been a rise in the happened to people he did not mentioned in the first paragraph. particularly weighty association of Muslims on the want in the country. The accused considerations so justify in one hand, and terrorism and was convicted by unanimous Article 349 a): Any person who in relation to the grounds for violence on the other, as well as decision of the district court. an occupational or similar activity freedom of expression. generalisations and stereotypes However, he was unanimously refuses any person goods or Prior censorship and other concerning persons of Muslim found not guilty by the court of services on the same conditions preventive measures may not be background. However, welcome appeal, which held that his as apply to others, because of his applied unless so required in initiatives have also been taken statements were protected by religion, race, colour of his skin, order to protect children and to curb the expression of racist freedom of expression. Following national or ethnic origin, shall be young persons from the harmful and xenophobic propaganda in an appeal by the Director of liable to fines or imprisonment for influence of moving pictures. politics. Thus, at the initiative of Public Prosecutions, the a term not exceeding six months. Censorship of letters may only be the Equality and Anti- Supreme Court unanimously set The same penalty shall apply to imposed in institutions. discrimination Ombud (LDO), in aside the court of appeal’s any person who in any such Everyone has a right of access to the course of the 2007 municipal acquittal on the basis of an error activity refuses a person goods or documents of the State and elections all main political parties in law and concluded that the services as mentioned because of municipal administration and a represented in Parliament signed statements were punishable his homosexual bent, life-style, or right to follow the proceedings of a pledge to refrain from racist or under Section 135a, as they inclination. … the courts and democratically xenophobic discourse, and contained a call or support for elected bodies. Limitations to this discourse that might stigmatise clear acts of physical injury to right may be prescribed by law to other vulnerable groups. Jews, and moreover involved a protect the privacy of the In spite of a considerable gross disparagement of Jews’ individual or for other weighty increase in the overall number of human worth. The judgment of reasons. complaints received by the Press the Supreme Court is based on It is the responsibility of the Complaints Commission since Section 135a as it stood before authorities of the State to create ECRI’s third report, complaints the amendments that entered into conditions that facilitate open and filed with this commission in force on 1 January 2006. enlightened public discourse. relation to issues of immigration, racism and/or persons with an However, the Supreme Court immigrant background have not refers to the parliamentary been significantly on the rise. At debates that led to the current the same time, civil society actors formulation of Article 100 of the have reported to ECRI that news Constitution and the Norwegian media have continued to refer to authorities consider that the suspects’ national origins and Supreme Court judgment ethnic backgrounds when these considerably contributes to the do not have any bearing on the clarification of the law as regards case. News coverage of violence the scope of Section 135a as it between close family members is currently stands. In particular, also reported to often include they stress that the emphasis put speculations with regard to by the Supreme Court on the cultural or religious motivations existence of a call or support for 42 when those involved have ethnic clear acts of physical injury and minority backgrounds, while of gross disparagement of a similar episodes involving ethnic group of people’s human worth Norwegians are portrayed as the will be helpful in developing a result of individual medical or consistent prosecution practice in psychological conditions. racist expression cases in the Furthermore, the sensationalism future. In 2007 the LDO brought and sweeping generalisations charges under Section 135a of with which the media has the Criminal Code against the reportedly often addressed publisher of a website for posting phenomena such as female offensive racist material in the genital mutilation and family form of jokes. ECRI understands violence regardless of the actual that the prosecuting authorities opinions or attitudes towards dismissed the case as they these phenomena among considered that it would fall members of the communities outside the scope of Section concerned, has continued to 135a as interpreted in the light of contribute to the stigmatisation of the recent Supreme Court entire groups. The most visible judgment. More generally, it has manifestations of anti-semitism in been pointed out that racist Norway are reported to have expression is still widely present taken the form of speech by on the Internet. ECRI notes that extreme right-wing groups the LDO has contacted website through different means of publishers to warn them that they communication. However, might be in breach of criminal manifestations of anti-semitism legislation and that there are intensified during the Israel- police units specialised in Hezbollah conflict in Lebanon in monitoring illegal content on the the summer of 2006, including an Internet. However, ECRI outbreak of desecrations and understands that so far there insults, threats and physical have been no convictions for attacks against members of breaches of Section 135a Jewish communities. In committed through the Internet. September 2006, several rounds from an automatic military rifle Source: ECRI Report on Norway, were also fired at the Oslo 2009, available at: synagogue. One person was http://www.coe.int/t/dghl/monitori convicted for this offence by Oslo ng/ecri/country-by- District Court in June 2008. ECRI country/norway/nor-cbc-iv-2009- notes that in general, 004-eng.pdf representatives of Jewish communities have valued the response made by the Norwegian authorities to the manifestations of anti-semitism that have occurred in Norway since ECRI’s last report. Cases of harassment of members of the Sami communities and hate speech targeting Sami on the internet have continued to be reported. Two surveys carried out among Sami on perception of 43 discrimination, 36% of the interviewees indicated having experienced discrimination in 2003-2004 and 25% in 2005- 2006.

Source: ECRI Report on Norway, 2009, available at: http://www.coe.int/t/dghl/monitori ng/ecri/country-by- country/norway/nor-cbc-iv-2009- 004-eng.pdf

Poland Consitution of Poland Consitution of Poland Reports on racial In Feb 2007 , the Supreme Court - Establishment of the Team on Article 13 : Political parties and Article 25 : discrimination. decided that holding a placard Racism and Xenophobia in the other organizations whose 1. Public authorities in the reading "we shall liberate Poland Ministry of Interior and programs are based upon Republic of Poland shall be On 14 September 2009 , the from (among others) Jews" did Administration totalitarian methods and the impartial in matters of personal Committee on the Elimination not amount to an offence under - Establishment of modes of activity of Nazism, conviction, whether religious or of Racial Discrimination has Article 256. The court referred to Plenipotentiaries for the fascism and communism, as well philosophical, or in relation to considered the consolidated article 51.1 of the constitution protection of human rights in as those whose programs or outlooks on life, and shall ensure seventeenth to nineteenth reports which protects the right to Police activities sanction racial or their freedom of expression of Poland. The Committee express opinions, the ordinary - Establishment of the national hatred, the application of within public life. welcomed several developments meaning of the word "liberate" Government Plenipotentiary for violence for the purpose of Article 49: The freedom and such as adoption of the Act on and the use of the indicative, as Equal Treatment at the obtaining power or to influence privacy of communication shall National Minorities, changes to opposed to the imperative, which Chancellery of the Prime the State policy, or provide for the be ensured. Any limitations the Law on Social Assistance and showed no intention to incite Minister, in the rank of a secrecy of their own structure or thereon may be imposed only in creating the post of national hatred. Under Article 29 Secretary of State membership, shall be prohibited. cases and in a manner specified Plenipotentiary for Equal of the Law on Associations, the - Implementation of the National Article 25: by statute. treatment. At the same time the court can disband an association Program for Counteracting Racial 1. Churches and other religious Article 54: Committee expressed its engaging in activities that are Discrimination, Xenophobia and organizations shall have equal 1. The freedom to express concerns with regard to the "flagrantly" or "repeatedly" Related Intolerance 2004-2009 rights. opinions, to acquire and to integration opportunities for against the law. So far action - The role and tasks of The 2. Public authorities in the disseminate information shall be Roma persons and the incidents has only been taken against the National Prosecutor’s Office Republic of Poland shall be ensured to everyone. against the persons of Arab, National-Radical Camp in Opole. - Training program for Police impartial in matters of personal Article 213 Asian and African origin. Full There has also been an - Program for the Roma conviction, whether religious or 2. The National Council of Radio report is available at investigation into Radio Maria Community in Poland philosophical, or in relation to Broadcasting and Television shall http://www.unhcr.org/refworld/doc (and related media) due to its (See Addendum) outlooks on life, and shall ensure safeguard the freedom of id/4acef1fb0.html anti-semitic broadcasts, but no their freedom of expression within speech, the right to information problem was found. Public tv has public life. as well as safeguard the public On 15 June 2010 , the European recently gone through a major Article 32: interest regarding radio Commission against Racism leadership crisis resulting from 2. No one shall be discriminated broadcasting and television. and Intolerance has published the appointment as its head of a against in political, social or Article 213 : The National Council its fourth monitoring report on person who had in the past economic life for any reason of Radio Broadcasting and Poland. ECRI welcomed some expressed anti-semitic views. whatsoever. Television shall safeguard the positive developments especially This crisis has been resolved with Article 53: freedom of speech, the right to with regard to the treatment of this person's replacement. A 1. Freedom of conscience and information as well as safeguard national minorities, however there bookstore selling anti-semitic religion shall be ensured to the public interest regarding radio were also some issues of material has been closed down, everyone. broadcasting and television. concern mentioned, such as but such material continues to be Article 233 : discriminatory attitudes in the sold openly in kiosks around 2. Limitation of the freedoms and fields of housing or employment Warsaw and elsewhere. rights of persons and citizens only as well as anti-semitism. With regard to the racist by reason of race, gender, motivation of offences, the language, faith or lack of it, social The full report may be accessed National Prosecutor’s Office has 44 origin, ancestry or property shall at taken three initiatives: closer be prohibited. http://www.coe.int/t/dghl/monitori supervision of investigation ng/ecri/Country-by- proceedings, appointment of Polish Penal Code of 6 June country/Poland/POL-CbC-IV- specially tasked prosecutors at 1997 2010-018-ENG.pdf appellate level and collection of Art. 118 : § 1. Any person who, specialised statistics. Generally with the intent to destroy, in whole Poland does not have an speaking, in recent years, the or in part, a national, ethnic, independent body specialised in number of racially motivated racial, political or religious group combating racism. There is an offences – investigated and or a group of persons with a Equal Treatment de facto prosecuted – has increased to a definite philosophical conviction, minister, who is also responsible certain degree. But racially kills a member of the group or for the national programme for motivated offences remain causes serious harm to the health counteracting racial underreported. of a member of the group, shall discrimination, xenophobia and be punished with imprisonment related intolerance, in place since Source: ECRI Report on Poland, for a time not shorter than twelve 2004. Openly anti-semitic 2010, available at: years, with imprisonment for political parties exist in Poland, http://www.coe.int/t/dghl/monitori twenty years, or with even though their influence is ng/ecri/country-by- imprisonment for life. marginal. The Catholic church country/poland/POL-CbC-IV- § 2. Any person who, with the could play a larger role than it 2010-018-ENG.pdf intent mentioned in § 1, inflicts on has up to now in speaking out persons belonging to such a against anti-semitism. On 4 May 2010 , the police group conditions of life calculated charged singer Doda, whose real to bring about its biological Source: ECRI Report on Poland, name is Dorota Rabczewska, destruction, or imposes measures 2010, available at: with violating the Criminal Code intended to prevent births within http://www.coe.int/t/dghl/monitori for saying in 2009 that the Bible the group, or forcibly transfers ng/ecri/country-by- was "unbelievable" and written by children of the group to another country/poland/POL-CbC-IV- people "drunk on wine and group, shall be punished with 2010-018-ENG.pdf smoking some kind of herbs". imprisonment for a time not On 8 March 2010 , the police shorter than five years, or with charged vocalist and guitarist imprisonment for twenty-five Adam Darski, of the Polish years. blackened death metal band § 3. Any person who attempts to Behemoth, with violating the commit the offence mentioned in Criminal Code. The charge arose § 1 or 2, shall be punished with out of a performance by imprisonment for a time not Behemoth in September 2007 in shorter than three years. Gdynia during which Darski Art. 119. § 1 Whoever uses allegedly called the Catholic violence or makes unlawful threat Church "the most murderous cult towards a group of person or a on the planet", and he tore up a particular individual because or copy of the Bible. their national, ethnic, political or On 14 April 2006 , the Jan Karski religious affiliation, or because of Association complained that a their lack of religious beliefs, shall broadcast on a Catholic radio be subject to the penalty of the station defamed the Jewish deprivation of liberty for a term of people and violated Article 257 of between 3 months and 5 years. the Criminal Code. Prosecutors § 2. The same punishment shall refused to pursue the matter. be imposed on anyone, who In February 2006, readers incites commission of the offence complained about an issue of the specified under § 1. magazine Machina , which Art. 195 : § 1. Whoever featured the likeness of the maliciously interferes with a the singer Madonna superimposed 45 public performance of a religious upon a depiction of the Virgin ceremony of a church or another Mary with Jesus. Prosecutors religious association with refused to pursue the matter. regulated legal status shall be On 28 October 2005 , a subject to a fine, the penalty of Provincial Court convicted restriction of liberty or the penalty Leszek Bubel of violating Article of deprivation of liberty for up to 2 257 of the Criminal Code by years. publishing anti-Semitic literature. § 2. The same punishment shall The Court sentenced Bubel to a be imposed on anyone who fine. maliciously interferes with a In December 2001 , Members of funeral, mourning ceremonies or the League of Polish Families rites complained that the artwork Art. 196 : Whoever offends the called "Passion" by Nieznalska religious feelings of other persons was a violation of Article 196 of by outraging in public an object of the Criminal Code. In July 2003, religious worship or a place the Provincial Court in Gdansk dedicated to the public found Nieznalska guilty. The celebration of religious rites, shall court sentenced her to a half-year be subject to a fine, the penalty of "restriction of freedom," ordered restriction of liberty or the penalty her to do community work, and of deprivation of liberty for up to 2 required her to pay all trial years. expenses. On 28 April 2004, the Art. 256: §1 Whoever publicly District Court in Gdansk quashed promotes a fascist or other the previous judgment. totalitarian system of state or In October 2001 , the prosecutor incites hatred based on national, in Krakow received complaints ethnic, race or religious that the movie Dogma violated differences or for reason of lack of Article 196 of the Criminal Code. any religious denomination shall The prosecutor refused to pursue be subject to a fine, the penalty of the matter. restriction of liberty or the penalty In August 1994 , the Regional of deprivation of liberty for up to 2 Prosecutor's Office in Poznan years. received complaints about the § 2. Whoever, in order to magazine Wprost , which featured distribute produces, records or a cover that had the Virgin Mary brings, buys, stores, posses, and Jesus wearing gas masks. presents, transports or sends The prosecutor refused to pursue print, record or other item the matter. containing the substance referred to in § 1 or being a carrier of the fascist, communist or other totalitarian symbolism shall be subject to a punishment as referred to in § 1. Art. 257 : Whoever publicly insults a group within the population or a particular person because of his national, ethnic, race or religious affiliation or because of his lack of any religious denomination or for these reasons breaches the personal inviolability of another individual shall be subject to the 46 penalty of deprivation of liberty for up to 3 years.

Labour Code of 26 June 1974 (with later changes) Art. 11 3: Any discrimination in employment, direct or indirect, especially on the grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic background, beliefs, sexual orientation or employment for definite or indefinite period, full or part time is forbidden. Art. 18 (3a) . § 1. Employees shall be treated equally in engaging and dissolving of the labor relationship, terms of employment, promoting opportunities as well as the access to the vocational training to enhance the work qualifications, especially without taking into regard sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic background, beliefs, sexual orientation or employment for definite or indefinite period, full or part time. § 2. Equal treatment in employment shall be understood as non-discrimination in any way, direct or indirect, on the grounds listed in § 1. § 3. Direct discrimination exists when the employee due to one or more grounds listed in § 1 was, is or could be treated in the similar situation less favorable than other employees § 4. Indirect discrimination is present if because of the seemingly neutral decision, criteria or undertaken action discrepancies exist with regard to the conditions of employment disadvantaging all or majority of the employees identified due to one or several grounds listed in § 1, if those discrepancies cannot be justified by other, objective 47 reasons. § 5. Indication of discrimination in notion of § 2 is also: 1) activity encouraging other person to violate the equal treatment rule in employment, 2) behavior, which aim or result is the violation of a dignity or humiliation or degradation of an employee (harassment). Art. 18 (3b) : § 4. Differentiation of the employees on the grounds of religion or belief does not constitute violation of the equal treatment rule, if due to the type and character of the activity run within the church structure or other confessional association, as well as organizations which goal is in direct connection with the religion or belief, the religion or belief of the employee consists a valid, justified and reasonable occupational requirement.

Portugal Constitution Constitution Article 240-2 b) was applied for The television programme “We” Article 13 : (1) All citizens have the Article 26 : (1) Everyone's right to the first time in 2001 against a (NÓS in Portuguese) which has a same social dignity and are equal his or her personal identity, civil member of Paredes Municipal 20-minute slot each day and a before the law. capacity, citizenship, good name Council, who was sentenced to 9 one hour slot each week has (2) No one is privileged, favored, and reputation, image, the right months’ imprisonment for making been broadcast since 2004 and is injured, deprived of any right, or to speak out, and the right to the racist remarks about Gypsies and aimed at depicting a pluralist, exempt from any duty because of protection of the intimacy of his Black people. Article 240 was multicultural and harmonious his ancestry, sex, race, language, or her private and family life is applied a second time on 6 July society. In addition, the annual territory of origin, religion, political recognized. 2005 by the Criminal Court of “Immigration and Ethnic or ideological convictions, Lisbon. The individuals in Minorities – Journalism for education, economic situation, or Article 37 : (1) Everyone has the question were being prosecuted Tolerance” prize was initiated in social condition. right to express and make known for racist activities, including the 2002 for journalists from all his or her thoughts freely by distribution of racist material in branches of the media in order to Criminal Code words, images, or any other one of the city’s squares. They promote tolerance and Article 240 : 1) Who: means, and also the right to received prison sentences integration. a) Creates or sets up an inform, obtain information, and be ranging from 6 to 18 months. organization, activity or organized informed without hindrance or Overall, very few cases involving Source: ECRI Report on propaganda that discrimination. racist offence are recorded. Portugal, 2007, available at: incites or encourages racial or (2) The exercise of these rights http://hudoc.ecri.coe.int/XMLEcri/ religious discrimination, hatred or may not be prevented or Source: ECRI Report on ENGLISH/Cycle_03/03_CbC_en violence, or restricted by any type or form of Portugal, 2007, available at: g/PRT-CbC-III-2007-4-ENG.pdf b) Participates in the organization censorship. http://hudoc.ecri.coe.int/XMLEcri/ or the activities referred to in the (3) Offences committed in the ENGLISH/Cycle_03/03_CbC_en preceding paragraph or provides exercise of these rights are g/PRT-CbC-III-2007-4-ENG.pdf them with assistance, including punishable under the general financing; principles of criminal law, the shall be punished with courts of law having jurisdiction imprisonment of 1-8 years. to try them. 2) -Who in public meeting, writing (4) The right of reply and 48 for public purposes or by any rectification and the right to other means of public Media: compensation for losses suffered a) brings about acts of violence are equally and effectively against a person or group of secured to all natural and artificial persons because of their race, persons. color, national origin, ethnic origin or religion, or Article 38 : (1) Freedom of the b) defamates or injures a person press is safeguarded. or group of persons because of (2) Freedom of the press their race, color, ethnicity, includes: nationality or religion, including a) The freedom of expression the denial of war crimes or crimes and creativeness for journalists against peace and humanity; with and literary collaborators as well intent to incite or encourage racial as a role for the former in giving or religious discrimination, is editorial direction to the punishable with imprisonment concerned mass media, save from 6 months up to 5 years. where the latter belong to the State or have a doctrinal or denominational character; b) The journalists' right of access to the sources of information, protection of their professional independence and secrecy, and election of editorial councils, in accordance with the law; c) The right to start newspapers and any other publication regardless of any prior administrative authorization, deposit, or qualification. (3) The law ensures, in a general way, disclosure of the ownership and forms of financing of the mass media. (4) The State ensures the freedom and independence of the mass media against the political and economic powers; it imposes the principle of specialty with respect to companies that own general information media; it treats and support the latter in a non-discriminatory fashion and prevents their concentration, notably through multiple or inter- locking financial interests. (5) The State ensures the existence and the operation of a public service of radio and television. (6) The structure and the operation of the media that remain within the public sector ensure their independence 49 against the Government, the administration, and other public bodies; it also ensures that the different lines of opinion may be expressed and confronted. (7) Radio and television stations may operate only where a license to that effect has been delivered pursuant to a public competition held in accordance with the law.

Slovakia II. Criminal Code Act No. Article 26: 22. September 2010. Minister of The provisions of the Criminal I. The Government of the 300/2005 Coll. as amended (1) Freedom of expression and Foreign Affairs Mikuláš Dzurinda Code regarding racially-motivated Slovak Republic Action Plans Section 193, par {1}: the right to information shall be met on Tuesday morning with the crimes are seldom implemented to Prevent All Forms of the Any person, who by violence, guaranteed. Secretary General of the Council and few cases have been tried Discrimination, Racism, threat of violence or threat of (2) Every person has the right to of Europe Thorbjoern Jagland at although an increase in racially- Xenophobia, Anti-semitism and serious harm express his or her opinion in the UN in New York. The Slovak motivated violence against ethnic Other Forms of Intolerance a/ forces other person to take words, writing, print, images and Minister stated that the minorities including Roma, Action plan for the Period of parting religious act, any other means, and also to “information catalogues would not Hungarians, Jews as well as non- 2000-2001 b/ unlawfully prevent others in seek, receive and disseminate resolve the European problems nationals from Africa, Asia and Resolution of the Government of taking part in religious act, or ideas and information both with the Roma ethnic group.” Mr. Latin America has been observed the Slovak Republic No. c/ unlawfully prevent others to nationally and internationally. No Jagland initiated a forthcoming in the last few years. The 283/2000 Concerning the Action enjoy the freedom of religion, approval process shall be summit of ministers of foreign authorities have stated that when Plan for the Period of 2000-2001 shall be liable for a term of required for publication of the affairs to address the growing the above-mentioned new Explanatory report Concerning imprisonment of up to two years. press. Radio and television problems with the Romas in Criminal Code was adopted, a the Action Plan for the Period of Section 198 Defamation of a companies may be required to France. European politicians wish new system for gathering 2000-2001 nation, race or conviction: seek permission from to seek a joint approach to the statistics on racist crimes was Action plan 2002 - 2003 and (1) Every person, who publicly governmental authorities to set issue. “Let’s make sure that all introduced. As concerns these resolution of the Government of defames up private businesses. Further children attend school, including types of crimes, the authorities the Slovak Republic No. a) nation, its language or a race, details shall be provided by law. secondary schools; that concerns have noted that a high number of 207/2002, Submission Report or (3) Censorship shall be all of them, including all Roma them are committed by unknown Action Plan 2002-2003 b) group of inhabitants of the prohibited. children. Otherwise we shall perpetrators who, for example Conference on the occasion of Republic on the grounds of their (4) Freedom of expression and stagnate. Let’s not lose time with write graffiti on walls. They have the International Day of Human political opinion religion or the right to receive and activities that proved ineffective,” also noted cases of verbal Rights - ”Importance of Human because they do not belong to a disseminate information may be suggested Mr. Dzurinda. At the attacks at sports events and in Rights in Modern Society: religion, shall be punished by a lawfully limited only where, in a same time he offered Mr. Jagland stadiums. Slovakia One Year after Entry term of imprisonment of up to one democratic society, it is cooperation with the Slovak into EU”, Joint Statement by year, or by pecuniary penalty. necessary to protect rights and experts who had been involved in The authorities have indicated Conference Participants on (2) The offender will receive an freedoms of others, state preparing solutions to the that in 2006, 180 racially- the International Human Rights imprisonment sentence of up to security, law and order, health emergent situation. “Enough had motivated crimes were Day, 9.12.2005 three years if he commits the and morality. been said about the Romas. It is registered, in 2007, 155 such Action plan for the Period of offence referred to in paragraph 1 (5) Governmental authorities and time to act. This is not a matter of crimes were registered and as at 2006-2008 with at least two more persons." public administration shall be human rights. I believe it is a July 2008, 157 racist crimes were Resolution of the Government of Section 198a Incitement to ethnic obligated to provide reasonable cultural issue which we have to registered. The authorities the Slovak Republic No. or racial hatred: access to the information in the resolve together as soon as informed ECRI that between 287/2006 of the of 5 April (1) Every person who publicly official language of their work and possible,” said Mr. Dzurinda in January 2008 and September 2006 for the Period of 2004-2005 incites to hatred against a nation activities. The terms and conclusion of the meeting. 2008, there were 10 prosecutions and Action for the Period of 2006- or a race or who incites to the procedures of the execution in Košice and Prešov (areas with 2008 restriction of rights and freedoms thereof shall be specified by law. Source: a high number of Roma), some of persons belonging to a nation http://www.mzv.sk/servlet/parizoe under Article 424 of the Criminal II. The Manifesto of the or a race shall be punished by II. Act no. 245/2008 Coll. on cd?MT=/App/WCM/ZU/ParizOEC Code (incitement to racial hatred) Government of the Slovak a sentence of imprisonment of up education (Education Act) and D/main.nsf/vw_ByID/ID_621F529 and others under Article 422 (1) Republic - August 2006 to one year or by pecuniary amending certain laws 1AE4A5FD4C125715B004FFE51 (supporting and promoting (extracts) penalty." § 3 Principles of Education and _EN&OpenDocument=Y&LANG= groups leading to the 3. Social policy , Support for 50 (2) The same punishment shall Training: EN&HM=50- suppression of fundamental Social Inclusion: 3. 5 Support of be imposed on every person who Education and training under this spravy&NCH=Y&OB=1001&DS= rights and freedoms). There has Gender Equality; associates or assembles with Act are based on the principles Y&TG=BlankMaster&URL=/App/ been a rise in the last few years 6. Culture : 6. 4 Local and Minority others with the intent to commit … WCM/Aktualit.nsf/vw_ByID/ID_2F in racially-motivated physical and Culture; 6.6 Churches and the offence referred to in d) ban of all forms of 0089FFD485664AC12577A7003 verbal attacks against members Religious Societies paragraph 1." discrimination and segregation, in 589CF of ethnic minorities such as 7. Democracy and Rule of Law : Supporting and promoting of particularly … Roma, Hungarian and Jewish 7. 1 Democratic State; 7. 3 groups leading to the suppression j) preparation for responsible life September 2, 2010 Amnesty minorities, as well as against Internal Order and Security of fundamental rights and in a free society in a spirit of International has urged the foreigners such as Africans, freedoms understanding and tolerance, Slovak government to Asians and persons from Latin III. CIVIC RESPONSIBILITY Section 421: equality between men and immediately end the segregation America. The perpetrators of AND CO-OPERATION (1) Any person who supports or women, friendship among of Roma children in the country’s these acts are usually members Manifesto of the government of makes propaganda for a group of peoples, ethnic groups and education system. This practice of skinhead or neo-Nazi groups the Slovak Republic for the people which by violence, threat ethnic and religious tolerance… leaves thousands of Roma pupils and reports indicate that the period of 2010 – 2014, August of violence or threat of other l) integration of the educational in substandard education in authorities’ reaction to these 2010 serious harm aims at suppressing system of the Slovak Republic schools and classes for pupils crimes varies. It has been (extracts) fundamental rights and freedoms, into the European educational with “mild mental disabilities” or reported that it is not uncommon 3. State for citizens: shall be liable to a term of area with regard to their own ethnically segregated mainstream for prosecutors to charge the 3.1 Protection and promotion of imprisonment of one to five years. experiences and traditions … schools and classes. In a briefing offenders under the more easy to human rights Section 422: o) prohibiting the provision or to the Slovak government, Steps prove simple assault charge to 3.2 Labour, Social Affairs and (1) Any person who publicly disclosure of information or to end segregation in education, increase the likelihood of Family (Roma settlements and demonstrates, in particular, by misuse of information resources, Amnesty International points to conviction. This results in the marginalised communities; Art using flags, badges, uniforms, which could lead to distortions of serious gaps in the enforcement perpetrators avoiding the heavier and State language; slogans, his sympathies for morality or incite national, racial and monitoring of the ban on sentence which they would incur Disadvantaged groups, churches movements leading to the and ethnic hatred or other forms discrimination and segregation in under the relevant provisions of and religious communities) suppression of fundamental rights of intolerance the Slovak educational system. the Criminal Code. On this point, 4.2 Internal order and security and freedoms shall be liable to a Amnesty International called on the authorities have indicated that term of imprisonment of six month the Slovak authorities to: proving the racist motivation of a See Addendum to three years. * Provide the State crime is difficult. As Slovakia has Section 422a Production of School Inspectorate with amended the Criminal Code to extremist materials: adequate resources, including include racially motivated crimes, (1) Any person who produces robust, detailed guidelines and the relevant provisions of this extremist’s materials is liable to a procedures on how to identify, Code should be applied to all term of imprisonment from three monitor and combat segregation such crimes and that other to six years. in practice; provisions should not be relied Section 422b Dissemination of * Begin the systematic upon to prosecute these types of extremist materials: collection of data on education, crimes. The authorities have (1) Any persons who copies, disaggregated on the basis of indicated in this regard that the transports, contrives, makes gender and ethnicity; Criminal Code will be amended to accessible, circulates, imports, * Introduce a clear duty cover a broader range of crimes. exports, offers, sells, consigns or on all schools to desegregate disseminates the extremist education and provide them with Source: ECRI Report on materials, is liable to a term of effective support; Slovakia, 2009, available at: imprisonment from one to five * Introduce adequate http://www.coe.int/t/dghl/monitori years. support measures for Roma and ng/ecri/Country-by- Section 422c Harbouring of non-Roma children who need country/Slovakia/SVK-CbC-IV- extremist materials: extra assistance, so that they 2009-020-ENG.pdf (1) Any person who harbours the may achieve their fullest potential extremist’s materials is liable to a within mainstream schools. term of imprisonment up to two Constitutional Court years. Source: (ÚS) PL. ÚS 3/2001 Prohibition Section 423 Defamation of a http://www.amnesty.org/en/news- of multiple memberships in nation, race and conviction: and-updates/report/slovak- political parties (1) Any person who publicly government-urged-end- (ÚS) IV. ÚS 272/07 Alleged 51 defames segregation-romani-children- violation of a fundamental right a) a nation, its language, a race 2010-09-02 under Art. 47. 2 of the or an ethnic group, or Constitution and the Slovak b) a group of people because of See Addendum Republic under Art. Paragraph 37 their religion or because they sec. 2 of the Charter of have no religion shall be liable to Fundamental Rights and a term of imprisonment not Freedoms (ÚS) IV. ÚS 16/06 The exceeding one year. content of the basic right to Section 424 Incitement to freedom of expression and the national, racial and ethnic hatred: fundamental right to information (1) Any person who publicly (ÚS) I. ÚS 67/06 Collision a) threatens an individual or a between two fundamental rights group of people because of their before the general court nation, nationality, race or (ÚS) III. ÚS 169/03 The ethnicity or the colour of their skin fundamental right to information by restraining their rights and under Art. 26. 1 and 2 of the freedoms, or any person who Constitution of the Slovak made such a restriction, or Republic and Art. Paragraph 10 b) incites to hatred against a sec. 1 of the Convention on the nation or a race, or to the Protection of Human Rights and restriction of rights and freedoms Fundamental Freedoms of a nation, a nationality, a race, (ÚS) II. ÚS 26/02 Right to or an ethnic group, shall be liable information and freedom to to a term of imprisonment not search for and dissemination of exceeding three years. information - Art. 26. 1 and 2 of Section 424a Incitement, the Constitution of the Slovak defamation and threatening of Republic person for reason of race, nation, (ÚS) I. ÚS 13/02 The right to nationality, colour of skin, ethnic stand in elections, right to group or gender: information (1) Any person who publicly (ÚS) I. ÚS 57/2000 Rights of a) incites to violence or hatred petitioners for free reception and against a group of people or dissemination of information individual for the reason of race, (ÚS) III. ÚS 64/2000 Invoking nation, nationality, colour of skin, own right before independent and ethnic group, gender or for impartial court religion, if it is pretext for (ÚS) II. ÚS 44/2000 Impeding the incitement from given reasons, or exercise of the right of petition b) defames such a group or (ÚS) II. ÚS 7/2000 Right for free individual or threatens them by reception of information (Art.. 26 publicly excusing act considered sec. 1 of the Constitution) by articles 6,7 and 8 of the Rome (ÚS) II. ÚS 10/1999 Election – Statute of International Criminal NGO Civic eye and right to Court to be genocide, crime receive information, jurisdiction of against humanity or war crime or the Constitutional Court of the SR crime considered by article 6 of to rule in case of violation of the Rome Statute of International constitutional rights by the Criminal Court annexed to the Central Election Commission Agreement for the Prosecution (ÚS) PL. ÚS 15/1998 To the and Punishment of the Major constitutionality of the Act on War Criminals of the European election to the Slovak National Axis dated 8 August 1945 to be a Council crime against peace, war crime or (ÚS) PL. ÚS 19/98 Elections to crime against humanity, if the act municipal bodies, the 52 is committed against such a constitutionality of the group of people or individual, or if amendment to Act no. 233/1998 the perpetrator or co-perpetrator Z.z. on election to municipal of this act was condemned by bodies irrevocable sentence of the (ÚS) PL. ÚS 8/96 Linguistic international court, if it was not aspect of the application of abolished in legal proceeding, fundamental rights and freedoms publicly denies or seriously (ÚS) II. ÚS 28/96 About Freedom detracts such an act, if it is of Expression and Right to committed against such person or Information individual, is liable to e term if imprisonment from one to three years.

III. Act no. 372/1990 Coll. on offenses as amended § 49 Offences against civic propriety: (1) An offense is committed by a person who a) another hurts in honor, another offends or issues to hissing, … d) intentionally disturbs civic propriety, threats of injury to health, minor bodily harm, false accuses of misconduct, deliberate or otherwise rude behavior, (2) For an offense under paragraph 1. a) may be imposed a fine of up to 33 euros, for an offense under paragraph 1. b) to d) and. f) fine and to € 99 for an offense under paragraph 1. e) a fine of up to 331 euros.

Spain Constitution Spanish Constitution See Addendum See Addendum Article 14 : Spaniards are equal Article 20 : 1. The following rights before the law, without any are recognized and protected: 1. discrimination for reasons of birth, the right to express or freely race, sex, religion, opinion, or any disseminate thoughts, 2. ideas other personal or social condition and opinions through words, by or circumstance. writing or any other means; 3. the right to produce and create Criminal Code literature, artistic expression, Article 510 scientific or technical creations; 1. Those that incite to incur in 4. the right to enjoy academic discriminatory acts, hate or freedom; 6. the right to violence against groups or communicate or freely receive associations for racist truthful information for any means of diffusion. reasons, anti-Semitic or other Freedom of conscience and reasons that refer to ideology, professional secret in the religion or beliefs, family exercise of those rights will be situation, belonging of their regulated by law. 53 members to an ethnicity or 2. The exercise of those rights race, national origin, sex, cannot be restricted through any sexual orientation, illness or kind of previous censorship. handicap will be punished 3. The organization and parliamentary control of the with a penalty of prison media that are dependant of the between one to three years State or of any public entity will and a fine of six to twelve be guaranteed by law; as well as months of salary. the access to those media of 2. It will be punished with the relevant social and political same penalty the conduct of groups, with respect of the social, those that, with knowledge of its cultural and linguistic pluralism in untrue nature, spread offensive Spain. information about groups or 4. These freedoms have their associations with relation to their limit when respecting the rights ideology, religion or beliefs, recognized in this Title, in the belonging of their members to an legal clauses ethnicity or race, national origin, that regulate their implementation sex, sexual orientation, illness or and especially in the right to handicap. honor, intimacy, public image and youth Article 515 : and childhood protection. Illicit associations are punishable, 5. Confiscation of publications, including: e) Those that promote recordings, and other means of discrimination, hate and violence information will only be decided against persons, groups or upon judicial order associations for reasons of their ideology, religion or beliefs, Article 514 Criminal Code belonging of their members to a Those that impede the legitimate ethnic group, race or nation, their exercise of the freedoms of sex, sexual orientation, family association and demonstration or situation, illness or handicap or gravely perturb the celebration of incite to those conducts. a licit meeting or demonstration will be punished with a penalty of Article 518 : between two to three years of Those that with their economic or prison if the acts of impediment any relevant support, favor the are violent; and between six to creation of organizations or of twelve months if the impediment activities of associations included is made through other illegitimate in numbers 1 and 3 of article 515, means. will incur in the penalty of prison between one to three years, fine of twelve to twenty-four months of their salary and disablement for any employment or public appointment between one to four years.

Article 519 : Incitement, conspiracy and proposition to commit the crime of illicit association will be punished with a penalty inferior in one or two levels to that applied, 54 respectively, to the acts foreseen in the previous articles.

Article 522 : Those that incur in the following crimes will be punished with a fine of four to ten months of daily salary: 1. To impede, through violence, intimidation or other illegitimate means, a member or members of a religious confession to practice acts related to the practice of their religion beliefs. 2. To force others to practice acts of cult or rituals or act in a manner that might reveal the practice or absence of a religious belief, or to force others to change their religion.

Article 523 : The person that impedes, interrupts or perturbs acts, functions or ceremonies of the religious confessions registered in the public registry of the Interior and Justice Ministry, will be punished with a penalty of between six months to six years of prison, if the act has been committed in a place destined to the cult and with a fine of four to ten months of daily salary if the act is committed in any other place.

Article 524 : The person that in a place for cult or during a religious ceremony, execute an act of profanation, offending religious beliefs legally protected, will be punished with the penalty of prison from six months to one year or a fine between six to twenty-four months of daily salary.

Article 525 : 1. Those that, in order to offend the feelings of members of a religious confession, make public derision, orally, by writing or through any type of document, of 55 their dogmas, beliefs, rituals or ceremonies or mistreat, also publicly, those who practice that religion, will be punished with a fine between eight to twelve months of their salary. 2. Those that make public derision, orally or by writing, of persons who do not profess any religion will incur in the penalties set in the previous paragraph.

Article 607 : 1. Those who with the purpose of destroying totally or partially a national group, ethnic, racial or religious, by committing the following acts, will be punished: 1) With the penalty of prison between fifteen to twenty years, if they kill any of their members. A punishment of superior level will be imposed if one or two aggravating circumstances concur in the criminal act. 2) With prison between fifteen to twenty years if they sexually attack any of their members or produce any of the injuries foreseen in article 149. 3) With prison of eight to fifteen years if they place the group or any of its members into conditions of existence that would endanger their life or provoke grave damage to their health, or if they produce them injuries foreseen in article 150. 4) With the same punishment actions that provoke forced displacement of the group or any of its members, adopt any measure with the intention to impede their way of life or reproduction, or forcibly displace individuals from one group to another, will be sanctioned. 5) With four to eight years of prison if they produce any other injury than those foreseen in numbers 2. The diffusion, through any means, of ideas or doctrines that deny or justify the crimes 56 foreseen in the previous paragraphs of this article or intend to create regimes or institutions that allow practices resulting in those crimes, will be sanctioned with prison between one to two years. 2 and 3 of this article.

Switzerland Swiss Penal Code Federal Constitution of the Prior to the vote on the banning Federal Court The Federal Commission against Article 261 bis : Swiss Confederation: of Minarets in Switzerland (which BGE 130 IV 111 racism published a position paper Celui qui, publiquement, aura Art. 16 Freedom of expression took place at the end of 2009), Private functions with invited on the public placard of the incité à la haine ou à la and Information the right-wing SVP (Swiss guests (in this case Skinheads) Minaret poster and the prohibition discrimination envers une 1 Freedom of expression and of Peoples Party - which was the are also "public" and fall within of the poster by some Swiss personne ou un groupe de information is guaranteed. initiating party) put up a very the scope of application of Art. cities, criticizing the People’s personnes en raison de leur 2 Everyone has the right freely to controversial poster, which was 261bis Penal Code. Initiative “Against the appartenance raciale, ethnique ou form, express, and impart their prohibited by some Swiss cities in BGE 129 IV 95 Construction of Minarets” (the religieuse; opinions the light of the racial The denial of Holocaust clearly “Minaret Initiative”). It claims that celui qui, publiquement, aura 3 Everyone has the right freely to discrimination article. falls within the scope of the initiative defames Muslims propagé une idéologie visant à receive information to gather it application of Art. 261bis. and violates religious freedom, rabaisser ou à dénigrer de façon from generally accessible (See Addendum) 6B_398/2007 which is protected by systématique les membres d’une sources and to disseminate it. The Federal Court sentenced fundamental and human rights, race, d’une ethnie ou d’une Dogu Perincek (leader of the and the ban on discrimination. religion; Art. 17 Freedom of the media Turk labor party) to pay a (Position Paper available at celui qui, dans le même dessein, 1. Freedom of the press, radio monetary penalty because he http://www.ekr.admin.ch/aktuell/in aura organisé ou encouragé des and television and of other forms publicly denied (in several dex.html?lang=en ) actions de propagande ou y aura of dissemination of features and speeches) the Armenian pris part; information by means of public genocide. celui qui aura publiquement, par telecommunications is la parole, l’écriture, l’image, le guaranteed. (See Addendum) geste, par des voies de fait ou de 2. Censorship is prohibited. toute autre manière, abaissé ou 3. The protection of sources is discriminé d’une façon qui porte guaranteed. atteinte à la dignité humaine une personne ou un groupe de There are more fundamental personnes en raison de leur race, rights related to communication: de leur appartenance ethnique ou see Addendum. de leur religion ou qui, pour la même raison, niera, minimisera grossièrement ou cherchera à justifier un génocide ou d’autres crimes contre l’humanité; celui qui aura refusé à une personne ou à un groupe de personnes, en raison de leur appartenance raciale, ethnique ou religieuse, une prestation destinée à l’usage public, sera puni d’une peine privative de liberté de trois ans au plus ou d’une peine pécuniaire. Tajikistan Constitution Constitution There have been no UNHCR is not aware of any court Article 2 : The state language of Article 30 : Each person is discrimination or hate related cases relating to those articles of Tajikistan is Tajik. Russian is a guaranteed the freedoms of crimes officially the Criminal Code as well as in 57 language of inter-ethnic speech and the press, as well as registered/processed in 2009. general to crimes related to communication. All nations and the right to use information The Republic of Tajikistan discrimination in 2009. Tajikistan peoples residing on the territory of media. Governmental censorship condemns apartheid and racial state reports to the Committee on the republic have the right to use and prosecution for criticism are segregation. Elimination of Racial freely their native languages. forbidden. A list of information Discrimination do not provide any considered secrets of the state is statistic with regard to crimes Article 17 : All persons are equal determined by law. mentioned above. before the law and the courts. The government guarantees the rights and freedoms of every person regardless of ethnicity, race, sex, language, faith, political beliefs, education, or social or property status. Men and women have equal rights.

Criminal Code Article 5 . Persons who have committed crimes are equal before the law and they are liable to criminal responsibility irrespective of sex, race, nationality, language, religion, political convictions, education, social, official and property status, belonging to public unions, place of living and other circumstances.

Article 110: (1) Intentional major bodily injury which is life- threatening, or which has lead to the loss of sight, speech, hearing, or any body organ, or inability of an organ to functioning, or expressed in irremediable damage to the face, as well as other injury to the health which is life-threatening or caused a disorder of health along with a stable loss of common capability to work not less than 1/3, or knowingly for the guilty person with the full loss of professional capability to work, or caused the miscarriage, mental illness, sickness of drug dependence or taxicomania is punishable by imprisonment for a period of 5 to 10 years. (2) The same actions, if committed: m) on the ground of national, racial, religious, locality hatred or hostility, or vendetta; is punishable by imprisonment for a 58 period of 8 to 15 years simultaneously with confiscation of property or without it.

Article 111: (1) Intentional minor bodily injury which is not life- threatening and does not result in consequences provided for in Article 110 of the present Code, but causes continuing health problems or major physical disability with the loss of 1/3 of the capability to work is punishable by up to 2 years of correctional labor, or up to 3 years of imprisonment. (2) The same action, if committed: f) on the ground of national, racial, religious, locality hatred or hostility, as well as vendetta; by an individual who has earlier committed major bodily injury or murder specified in Articles 104 and 110 of the present Code is punishable by imprisonment for a period of 3 to 5 years.

Article 117 : (1) Causing physical or mental sufferings by systematic assault or other forcible means if it does not lead to the consequences specified in Articles 110 and 111 of the present Code is punishable by up to 3 years of imprisonment. (2) The same actions, if committed: i) on the ground of national, racial, religious, locality hatred or hostility, as well as vendetta, - is punishable by imprisonment for a period of 5 to 8 years.

Article 113 : (2) Murder: m) on the ground of national, racial, religious, locality hatred or hostility, as well as vendetta; is punishable by imprisonment for a period of 15 to 20 years simultaneously with confiscation of property, or death penalty.

Article 143 : (1) Direct or indirect violation or restriction of rights 59 and freedoms of an individual and citizen depending on sex, race, nationality, language, social origin, personal, financial or official position, place of residence, attitude to religion, convictions, belonging to public units, causing damage to the rights and lawful interests of a citizen, is punishable by a fine in the amount of 200 to 500 times the minimum monthly wage, or deprivation of freedom for up to 2 years. (2) The same actions, committed by a person: a) using violence or threat of violence; b) using his official position, are punishable by imprisonment for a period of 2 to 5 years with deprivation of the right to hold certain positions or be engaged in certain activities for up to 3 years or without it.

Article 189 : (1) The actions, which lead to arousing national, racial, local or religious hostility, or dissension, humiliating national dignity, as well as propaganda of the exclusiveness of citizens by a sign of their relation to religion, national, racial, or local origin, if these actions were committed in public or using means of mass media are punishable by up to 5 years of restriction of liberty or imprisonment for the same period of time. (2) The same actions, if committed: a) repeatedly; b) using violence or threat of its using; c) using an official position; d) by a group of individuals or group of individuals in a conspiracy, - are punishable by imprisonment for a period of 5 to 10 years simultaneously with deprivation of the right to hold certain positions or to be involved in a certain 60 activity of 2 to 5 years or without it. (3) The actions, specified in paragraphs 1 and 2 of the present Article, if they: a) committed by an organized group; b) caused carelessly death of a human or other serious consequences; c) caused forcible expulsion of a citizen from his permanent place of residence; d) committed by a dangerous or an especially dangerous recidivist, - are punishable by imprisonment for a period of 8 to 12 years simultaneously with deprivation of the right to hold certain positions or to be involved in a certain activity for up to 5 years or without it.

Article 243 : Desecration of Corpses and Places of Their Burial (1) Desecration of corpses or damaging and destruction of graves or places of burial, is punishable by a fine in the amount of 300 to 500 the monthly minimum wage, or in the amount appropriate to the part of an offender's wage or another income for a period of 1 to 4 months, by up to 3 years' limitation of freedom, or by confinement for up to 6 months. (2) The same actions committed: b) on the motive of national, race, religious hostility; are punishable by deprivation of freedom for a period of 2 to 5 years.

Article 398 : Actions committed with the intent of full or partial destruction of a national, ethnic, racial, or religious group by full or partial physical extermination, violent diminishing of child - bearing or transfer of children from one of these human groups 61 to another, causing grave injury to their health, as well as creation of living conditions leading to physical liquidation of members of the group are punishable by imprisonment for a period of 15 to 20 years or death penalty.

Ukraine Constitution Constitution The following initiatives and - Joint instruction (No. 11/121) for Article 24 : There shall be no Article 34 : Everyone is developments caused concern of law enforcement personnel to privileges or restrictions based on guaranteed the right to freedom UNHCR in 2009: begin registration of crimes race, colour of skin, political, of thought and speech, and to the - Hate speech during the committed on the basis of racial, religious and other beliefs, sex, free expression of his or her presidential campaign. ethnic or religious intolerance. ethnic and social origin, property views and beliefs. - Activities of Patriot Ukrainy. - - Ministry of Interior (MoI) status, place of residence, Crackdown on youth groups. pledged its utmost support to linguistic or other characteristics. - Response to the flu outbreak; projects countering xenophobia the local population was asked and invited organizations Criminal Code – through announcements to report interested in addressing Article 67. Circumstances about each and every encounter xenophobia to contribute to the aggravating punishment with foreigners from the Middle complex action plan to be soon 1. For the purposes of imposing a East and South East Asia to the adopted by the Minister. punishment, the following police hotline as they allegedly Instructions to strengthen focus circumstances shall be deemed to pose a threat. on prevention of racial attacks be aggravating: (3) the - Concept on national and have been given by the Minister commission of an offense based patriotic upbringing of youth in and Deputy Minister to all heads on racial, national or religious Ukraine caused concerns of of the MoI departments in the enmity and hostility; human rights organizations. regions. For the first time the Article 161. Violation of citizens' Minister has acknowledged the equality based on their race, Examples of attacks and problem in public and told media nationality or religious manifestation of xenophobia and about the decision to establish preferences racism: special legal units dealing with 1. Willful actions inciting national, - In April the office of the racial crimes. In April-May 2007 racial or religious enmity and Chernihiv Civic Committee for the UNHCR and its partners have hatred, humiliation of national Protection of Human Rights was already noted some positive honor and dignity, or the insult of daubed with graffiti and images of results of the strong position citizens' feelings in respect to an anti-Semitic and xenophobic taken by the MoI, namely their religious convictions, and nature. prevention of neo-Nazi marches also any direct or indirect - In September a group of devoted to the SS-Halychyna in restriction of rights, or granting unknown young people left Nazi various cities of Ukraine and direct or indirect privileges to symbols on the main entrance arrests of four suspects (on the citizens based on race, color of door to the NGO HIAS office in case of beating of an Egyptian skin, political, religious and other Kyiv. diplomat and a racially motivated convictions, sex, ethnic and social - In January 2009 Chernihiv Civic incident in the Arena night club in origin, property status, place of Committee for the Protection of Kyiv). residence, linguistic or other Human Rights has reported - On 26 April 2007 the Minister of characteristics, - about the attack against a Education made a public shall be punishable by a fine up to recognised refugee of Chechen statement acknowledging racial 50 tax-free minimum incomes, or origin residing in Chernigiv. incidents targeting foreign correctional labor for a term up to - Racial profiling and police students, condemning racial two years, or restraint of liberty for harassment remained violence and calling for urgent a term up to five years, with or widespread in Ukraine. Crimes action. UNHCR and IOM have without the deprivation of the right against persons of concern to invited the Ministry to join the to occupy certain positions or UNHCR included beatings, blows counter-xenophobia working engage in certain activities for a to heads and bodies, knife group and designate a focal point 62 term up to three years. wounds. dealing with this issue. 2. The same actions accompanied with violence, (see Addendum) For more government steps, see deception or threats, and also Addendum. committed by an official, - shall be punishable by correctional labor for a term up to two years, or imprisonment for a term up to five years. 3. Any such actions as provided for by paragraph 1 or 2 of this Article, if committed by an organized group of persons, or where they caused death of people or other grave consequences, - shall be punishable by imprisonment for a term of two to five years.

United The Racial and Religious The Racial and Religious The vigorous debate currently 13,008 defendants were Kingdom Hatred Act (2006) Hatred Act (2006) being held regarding immigration prosecuted for crimes involving (Abstracts, for full text see Section 29J : Protection of in the UK has revealed a racial or religious aggravation in http://www.legislation.gov.uk/ukpg freedom of expression tendency on the fringes of the 2007-08, nearly 1.300 more than a/2006/1/contents) Nothing in this Part shall be read political debate for views to be the previous year. At the same Section 29 A : In this Part or given effect in a way which expressed that are at best time, the proportion of “religious hatred” means hatred prohibits or restricts discussion, demeaning of migrants and at unsuccessful prosecutions in against a group of persons criticism or expressions of worst xenophobic or racist. cases involving racial or religious defined by reference to religious antipathy, dislike, ridicule, insult Some mainstream politicians’ aggravation dropped to 20.1% in belief or lack of religious belief. or abuse of particular religions or statements may have stigmatised 2007-08. Section 29B : Use of words or the beliefs or practices of their certain groups, such as refugees, behaviour or display of written adherents, or of any other belief asylum-seekers or migrant Source: ECRI Report on the material system or the beliefs or practices workers. Voters tend to deflect United Kingdom, 2010, available (1)A person who uses threatening of its adherents, or proselytising significantly away from main at: words or behaviour, or displays or urging adherents of a different political parties between general http://www.coe.int/t/dghl/monitori any written material which is religion or belief system to cease elections. The British National ng/ecri/Country-by- threatening, is guilty of an offence practising their religion or belief Party (BNP) which has presented country/United_Kingdom/GBR- if he intends thereby to stir up system. increasingly anti-Muslim and anti- CbC-IV-2010-004-ENG.pdf religious hatred. immigrant views and whose … leader has previously been Section 29C : Publishing or convicted for the distribution of distributing written material material likely to incite racial (1)A person who publishes or hatred, has built significant local distributes written material which support in certain areas. BNP is threatening is guilty of an won two seats in June 2009 offence if he intends thereby to European elections. stir up religious hatred. There is a new Editors Code of … Practice re magazine and Section 29D : Public performance newspaper publishing since of play 2007. However, Muslims, (1)If a public performance of a migrants, asylum-seekers and play is given which involves the gypsies/travellers are regularly use of threatening words or presented in a negative light in behaviour, any person who the mainstream media, and in 63 presents or directs the particular in the tabloid press, performance is guilty of an where they are frequently offence if he intends thereby to portrayed, for example, as being stir up religious hatred. by definition associated with … terrorism, sponging off British Section 29E : Distributing, society, making bogus claims for showing or playing a recording protection or being (1)A person who distributes, or troublemakers; civil actors have shows or plays, a recording of in some cases observed direct visual images or sounds which links between minority groups are threatening is guilty of an targeted by the media and offence if he intends thereby to minority groups targeted in stir up religious hatred. violent attacks. … Violence, desecration of property Section 29F: Broadcasting or and intimidation directed against including programme in Jews as well as anti-semitic programme service discourse seems to be on the (1)If a programme involving rise, including on university threatening visual images or campuses. The far right is no sounds is included in a longer the sole source of anti- programme service, each of the semitism. Increases in anti- persons mentioned in subsection semitic violence tended to be (2) is guilty of an offence if he linked in time with outbreaks of intends thereby to stir up religious violence in the Israeli-Palestinian hatred. conflict. The government has … reacted with effective Section 29G : Possession of implementation of strong inflammatory material legislation and of policies and (1)A person who has in his strategies to increase racial possession written material which equality and build community is threatening, or a recording of cohesion, including measures visual images or sounds which against anti-semitism. This are threatening, with a view to— response was hailed by the (a)in the case of written material, Jewish community as “the single its being displayed, published, most important action against UK distributed, or included in a anti-semitism for many years”. programme service whether by Public discourse about Muslims himself or another, or is frequently negative, whether in (b)in the case of a recording, its the mainstream (especially being distributed, shown, played, tabloid) press, on the internet, or or included in a programme in the discourse of political service, whether by himself or parties. The swift intervention of another, the authorities after the 2005 is guilty of an offence if he intends bombings was found to have religious hatred to be stirred up deflected blame from the Muslim thereby. … community as a whole and helped to prevent a media The Crime and Disorder Act backlash. From 2000-2008, two (1998) thirds of newspaper articles about (Abstracts, for full text, see Muslims in Britain had portrayed http://www.legislation.gov.uk/ukpg British Muslims as either a threat a/1998/37/part/II/crossheading/ra or a problem; these articles cially-or-religiously-aggravated- increasingly used negative and offences-england-and-wales) stereotypical imagery. 64 Section 28 : (1)An offence is The tone of public discourse with racially or religiously aggravated respect to asylum-seekers for the purposes of sections 29 to remains frequently hostile. While 32 below if— the most virulent reporting seems (a)at the time of committing the to have abated to some extent as offence, or immediately before or the number of asylum-seekers after doing so, the offender arriving in the UK has dropped, demonstrates towards the victim significant sections of the media, of the offence hostility based on and notably the tabloid press, the victim’s membership (or have continued to portray those presumed membership) of a seeking international protection in racial or religious group; or a relentlessly negative light, for (b)the offence is motivated example as criminals, abusers of (wholly or partly) by hostility the system or bogus asylum- towards members of a racial or seekers. Negative views have religious group based on their also been reflected in statements membership of that group. to the press by some politicians. … Section 29 : Racially or religiously Source: ECRI Report on the aggravated assaults. United Kingdom, 2010, available (1)A person is guilty of an offence at: under this section if he commits— http://www.coe.int/t/dghl/monitori (a)an offence under section 20 of ng/ecri/Country-by- the Offences Against the Person country/United_Kingdom/GBR- Act 1861 (malicious wounding or CbC-IV-2010-004-ENG.pdf grievous bodily harm); (b)an offence under section 47 of that Act (actual bodily harm); or (c)common assault, which is racially or religiously aggravated for the purposes of this section. … Section 30 : Racially or religiously aggravated criminal damage. (1)A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated for the purposes of this section. … Section 31 : Racially or religiously aggravated public order offences. (1)A person is guilty of an offence under this section if he commits— (a)an offence under section 4 of the Public Order Act 1986 (fear or provocation of violence); (b)an offence under section 4A of that Act (intentional harassment, alarm or distress); or 65 (c)an offence under section 5 of that Act (harassment, alarm or distress), which is racially or religiously aggravated for the purposes of this section. … Section 32 : Racially or religiously aggravated harassment etc. (1)A person is guilty of an offence under this section if he commits— (a)an offence under section 2 of the Protection from Harassment Act 1997 (offence of harassment); or (b)an offence under section 4 of that Act (putting people in fear of violence), which is rcially or religiously aggravated] for the purposes of this section. …

Criminal Justice Act (2003) Section 145 : Increase in sentences for racial or religious aggravation (1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc). (2)If the offence was racially or religiously aggravated, the court— (a)must treat that fact as an aggravating factor, and (b)must state in open court that the offence was so aggravated. (3)Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

Public Order (Northern Ireland) (1987) Part III – stirring up hatred or 66 arousing fear. For full text see http://www.legislation.gov.uk/nisi/ 1987/463

Northern Ireland Act (1998) Section 75 : 1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity— (a)between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; …

67