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Introduction The Hague International Model United Nations, Singapore 2018| XIV Annual Session ​ ​ ​ Forum: General Assembly Third Committee Issue: Measures to reduce the incidence of hate crimes Student Officer: Julien Levieux Position: Deputy Chair Introduction st On the 21 o​ f March, 1960, South African police opened fire and killed 69 people at a peaceful ​ demonstration against the apartheid pass laws in Sharpeville, South Africa. In 1966, the United Nations General Assembly proclaimed the day the International Day for the Elimination of Racial Discrimination. This day, which is observed annually, calls on the international community to redouble its efforts to eliminate all forms of racial discrimination. This also includes hate crimes. Though completely eradicating prejudiced views is an impossible goal, people are still targeted based on their race, religion, beliefs and sexual orientation. This was manifested most notably by the 2017 Charlottesville Riots, in which one white supremacist rammed his car at counter-protestors. President Donald Trump replied ambivalently, citing “hatred, bigotry and violence on many sides”, whilst also commending the “very fine people on both sides”. In Iraq and Syria, religious minorities, established there for centuries, were systematically targeted and massacred during the occupation of their territories by ISIS. In France, a growing number of Jews is deciding to migrate to Israel to escape from growing threats of anti-semitism. Recent terrorist attacks across Europe combined with growing populist movements in countries such as Italy, Hungary, Germany or France, lead to increasing concerns about possible backlash against migrants or Muslim populations. It is clear that the right to live in security, a fundamental human right, has not been upheld in some parts of the world. It has thus come to the United Nation’s attention to find viable measures to reduce the incidence of hate crimes. Research Report | Page 1 of 22 ​ ​ The Hague International Model United Nations, Singapore 2018| XIV Annual Session ​ ​ ​ Definition of Key Terms Hate Crime The Office for Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Co-operation in Europe (OSCE) defines hate crimes as “criminal acts motivated by bias or prejudice towards particular groups of people. To be considered a hate crime, the offence must meet two criteria: first, the crime must constitute an offence under criminal law; second, the crime must have been motivated by bias.” Examples of hate crimes include mass lynching of black Americans in the deep South. In the FBI’s definition of hate crimes, they also note that hate itself is not a crime—and government agencies must be mindful to protect the freedom of speech and other human rights. Hate Speech The current United Nations Secretary-General, Antonio Guterres, defined hate speech as “messages in public discourse and the media, including social media, which spread hostility and encourage people to commit violence against specific communities, often based on their identity”. For example, Holocaust Denial is considered a form of hate speech in Belgium and is strictly illegal under national law. However, there is still considerable debate regarding the implementation of hate speech laws. Critics argue that such laws curtail the freedom of speech and limit productive debate. Nevertheless, the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by 171 state parties, states that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. Discrimination Discrimination is the unfair treatment of individuals because of their gender, race, or beliefs. Genocide Research Report | Page 2 of 22 ​ ​ The Hague International Model United Nations, Singapore 2018| XIV Annual Session ​ ​ ​ Genocide is defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as: a. Killing members of the group; b. Causing serious bodily or mental harm to members of the group; c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; d. Imposing measures intended to prevent births within the group; e. Forcibly transferring children of the group to another group. Xenophobia The United Nations Educational, Scientific and Cultural Organisation (UNESCO) defines xenophobia as “the attitudes, prejudices and behaviour that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identity.” A clear example of xenophobia is the growing opposition towards immigrants and asylum seekers in many European countries and in the United States today. Prejudice According to UNESCO, prejudice is “made up of unfavourable or discriminatory attitudes (not actions) towards persons of different categories”. There are many forms of prejudice, such as xenophobia, homophobia (prejudice against homosexuals), islamophobia (prejudice against Islam or Muslims), anti-Semitism (prejudice against Jews), which may serve to be a strong motivation for an individual to commit a hate crime. Affirmative Action Affirmative action consists of policies designed to promote the education and employment of previously discriminated groups. Background Information History of Hate Crimes Research Report | Page 3 of 22 ​ ​ The Hague International Model United Nations, Singapore 2018| XIV Annual Session ​ ​ ​ Though the term “hate crime” is relatively new, hate crimes have been perpetrated way before the term came into use. This was usually due to individuals and governments having differing religious views or was a result of colonisation. Some countries are still feeling the adverse effects of past ethnic group discrimination, for example, Australia, whereby discrimination towards the Aboriginal Australians forced then prime minister Kevin Rudd to issue a formal apology in 2008 (Stolen Generations speech). During the 20th century, two countries came to symbolise the perfect example of legalised racial discrimination: the USA, with its Southern States enforcing “Jim Crow Laws”, and South Africa, with its system of apartheid. Hate crimes were carried out regularly against black and “coloured” people in both countries, with notable examples including the Duluth lynchings and the lynching of Emmett Till in the USA, or the Sharpeville Massacre in South Africa which prompted the United Nations to proclaim the day the International Day for the Elimination of Racial Discrimination. Hate crimes can also occur at a larger scale, for example, during a genocide. Though genocide itself is more often classified as an Atrocity Crime, it itself is rooted with hate and bias to a particular group of people. The Holocaust, the Rwandan Genocide, and more recently, the Darfur Genocide, all serve as a chilling reminder the tragic consequence of the failure to prevent serious violations of human rights. Hate crimes have also been perpetrated against people based on their gender, more often than not, against LGBT persons. The 1999 London nail bombings and the 2016 Orlando nightclub shooting serve to indicate the importance of tackling discrimination and prejudice which can manifest itself in the form of extreme violence. Today, the issue of hate crimes bears relevance, despite all the work that international organisations and entities like the United Nations have done in the past to address this form of discrimination. Xenophobia and other forms of prejudice are on the rise, and governments and bodies are condoning such views with populist and demagogic rhetoric. The United Nations has recognised this rising threat and has already acted to prevent the dissemination of hate speech, launching in July 2017 a Plan of Action for Religious Leaders and Actors to prevent incitement to violence that could lead to Atrocity Crimes. Unquestionably, more action is needed still, as addressing a form of discrimination whose inherent hate is so deep-rooted in history presents many challenges. Some of these challenges will be listed below. Research Report | Page 4 of 22 ​ ​ The Hague International Model United Nations, Singapore 2018| XIV Annual Session ​ ​ ​ Hate Speech and Hate Crimes Strictly speaking, hate speech and hate crimes are two different criminal acts. However, there is an unquestionable relationship between the two: hate speech has the ability to lead to hate crimes. Hate speech was disseminated by the leaders that planned the Holocaust and the Rwandan Genocide to spur their followers to act and justify their crimes. Therefore, measures must be found to counteract the dissemination of hate speech. This would ideally involve defining the terms, adopting relevant legislation and agreeing on a suitable direction to tackle the issue. More information can be found in the possible solutions section. Firstly, “hate speech” and “hate crime” need to have a universal definition to help government agencies more easily prosecute those that it deems guilty of inciting hate, and determine in their concluding reports whether the hate crime was inspired by hate speech. Ideally, the hate speech definition should be written by reviewing Article 20 of the International Covenant on Civil and Political Rights, in accordance with the 171 state parties,
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