DOCSLIB.ORG

General Assembly Distr

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
General Assembly Distr UNITED NATIONS A General Assembly Distr. GENERAL A/49/677 23 November 1994 ENGLISH ORIGINAL: ENGLISH/FRENCH Forty-ninth session Agenda item 93 ELIMINATION OF RACISM AND RACIAL DISCRIMINATION Note by the Secretary-General The Secretary-General has the honour to transmit to the General Assembly the report on contemporary forms of racism, racial discrimination, xenophobia and related intolerance prepared by Mr. Maurice Glélé-Ahanhanzo, Special Rapporteur of the Commission on Human Rights, in accordance with Commission on Human Rights resolutions 1993/20 and 1994/64 and Economic and Social Council decision 1994/307. 94-46410 (E) 051294 /... A/49/677 English Page 2 ANNEX Report on contemporary forms of racism, racial discrimination, xenophobia and related intolerance prepared by the Special Rapporteur of the Commission on Human Rights in accordance with Commission on Human Rights resolutions 1993/20 and 1994/64 and Economic and Social Council decision 1994/307 CONTENTS Paragraphs Page INTRODUCTION ............................................... 1 - 14 4 I. CONCERNING THE MANDATE OF THE SPECIAL RAPPORTEUR ..... 15 - 17 6 II. WORKING METHODS OF THE SPECIAL RAPPORTEUR ............ 18 - 50 6 A. Scope of analysis ................................ 18 - 38 6 B. Sources .......................................... 39 - 45 10 C. Missions ......................................... 46 - 49 11 D. Seminar .......................................... 50 12 III. CONTEMPORARY MANIFESTATIONS OF RACISM AND RACIAL DISCRIMINATION AND INCIDENTS ......................... 51 - 110 12 A. Racism and discrimination in general ............. 53 - 85 12 B. Racism and racial discrimination against Blacks, negrophobia ...................................... 86 - 91 18 C. Racism and racial discrimination against Arabs ... 92 - 98 19 D. Anti-Semitism .................................... 99 - 101 20 E. Xenophobia and discrimination against migrant workers and immigrants ........................... 102 - 105 22 F. Racial discrimination against women .............. 106 - 110 22 IV. CAUSES AND VECTORS OF RACISM, RACIAL DISCRIMINATION AND XENOPHOBIA ....................................... 111 - 117 23 V. MEASURES TAKEN BY GOVERNMENTS AND ACTION UNDERTAKEN BY CIVIL SOCIETY ........................................ 118 - 123 24 /... A/49/677 English Page 3 CONTENTS (continued) Paragraphs Page VI. CONCLUSIONS AND RECOMMENDATIONS ...................... 124 - 148 25 A. Conclusions ...................................... 124 - 129 25 B. Recommendations .................................. 130 - 148 26 Appendix. Questionnaire relating to the mandate, addressed to States, intergovernmental organizations, specialized agencies and non-governmental organizations ............................... 34 /... A/49/677 English Page 4 INTRODUCTION 1. In its resolution 1993/20 of 2 March 1993, the Commission on Human Rights decided to appoint, for a three-year period, a special rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance, and to request him to report thereon to the Commission on an annual basis, beginning at its fiftieth session. 2. In the same resolution, the Commission expressed its deep concern at the manifestations of racism, racial discrimination and xenophobia in many parts of the world and recommended that the General Assembly should launch a third decade to combat racism and racial discrimination, to begin in 1993. 3. The Commission also emphasized the obligation of the international community to take urgent measures to eradicate apartheid completely and to combat all other forms of racism, racial discrimination, xenophobia and related intolerance, including those practised against vulnerable groups. It also confirmed the importance of a complementarity of economic, social, educational and information measures at the national level, including legislative, administrative and penal measures, and of measures taken at the international level. 4. The Commission recognized the importance of activities aimed at directly assisting vulnerable groups to strengthen their participation in national economic, social and political life and appealed to all Governments to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Commission urged all Governments to undertake immediate measures and to develop strong policies effectively to combat racism and eliminate discrimination. 5. Finally, the Commission requested the Secretary-General to provide the special rapporteur with all the necessary assistance, in particular the staff and resources required to perform his or her functions, especially in carrying out missions and following them up. 6. Appointed Special Rapporteur on 7 December 1993, Mr. Maurice Glélé-Ahanhanzo (Benin) submitted his preliminary report (E/CN.4/1994/66) to the Commission on Human Rights at its fiftieth session in February 1994. 7. Having considered and taken note of the report, the Commission, in its resolution 1994/64 of 9 March 1994, welcomed the Special Rapporteur’s proposal concerning the organization of an interdisciplinary seminar on the problems of the theoretical aspects and specific manifestations of contemporary forms of racism, racial discrimination and xenophobia. 8. The Commission also made the mandate more explicit by requesting the Special Rapporteur to examine incidents of contemporary forms of racism, racial discrimination, any form of discrimination against Blacks, Arabs and Muslims, xenophobia, negrophobia, anti-Semitism, and related intolerance, as well as /... A/49/677 English Page 5 governmental measures to overcome them, and to report on those matters to the Commission at its fifty-first session. 9. The Commission also requested the Special Rapporteur to have an exchange of views with the relevant mechanisms and treaty bodies within the United Nations system, including the Committee on the Elimination of Racial Discrimination, in order to further enhance their effectiveness and mutual cooperation, and encouraged him, in close consultation with Governments, relevant organizations of the United Nations system, other intergovernmental and non-governmental organizations, to present further recommendations concerning human rights education with a view to preventing actions giving rise to racism and racial discrimination, xenophobia and related intolerance. 10. Lastly, the Commission requested the Secretary-General without further delay to provide the Special Rapporteur with all the necessary assistance in carrying out his mandate and enabling him to submit an interim report to the General Assembly at its forty-ninth session and a comprehensive report to the Commission at its fifty-first session. 11. On 3 November 1994, the Economic and Social Council, in its decision 1994/307, approved the Commission’s request to the Secretary-General without further delay to provide the Special Rapporteur with all the necessary assistance in carrying out his mandate and enabling him to submit an interim report to the General Assembly at its forty-ninth session and a comprehensive report to the Commission at its fifty-first session. 12. It should be noted also that the Assistant Secretary-General for Human Rights, basing himself on the recommendations of the Vienna World Conference on Human Rights and the relevant resolutions of the Commission on Human Rights (1993/46 and 1994/45), sent a letter on 29 August 1994 to the Special Rapporteur, drawing his attention to the need to report regularly and systematically on available information on human rights violations affecting women. 13. Accordingly, this report has been prepared in response to the above-mentioned request of the Commission on Human Rights, which was approved by the Economic and Social Council, and takes account of the reminder from the Assistant Secretary-General for Human Rights concerning the particular situation of women. In the first section, the Special Rapporteur reviews the steps taken to define his mandate and then describes his working methods (sect. II). In section III, the Special Rapporteur reports on contemporary manifestations of racism and racial discrimination and on incidents which have been brought to his attention; he then proceeds in Chapter IV to identify the causes and vectors. Section V reviews the measures taken by Governments to remedy the situations described, the state of public opinion and initiatives of civil society, especially non-governmental organizations, that help to combat racism and promote social harmony. Lastly, section VI sets out the Special Rapporteur’s conclusions and recommendations. 14. As administrative constraints limit the length of the report, the Special Rapporteur will include only material he considers essential. /... A/49/677 English Page 6 I. CONCERNING THE MANDATE OF THE SPECIAL RAPPORTEUR 15. As the Special Rapporteur’s mandate was dealt with at length in the preliminary report (E/CN.4/1994/66, paras. 9-31) it requires no further discussion. The Special Rapporteur would like to focus in this section on two key aspects, the main aims of the mandate and discrimination against Muslims, bearing in mind the new elements contained in Commission on Human Rights resolution 1994/64. 16. The Special Rapporteur’s mandate, which includes "racism, racial discrimination, xenophobia and related intolerance", encompasses a broad range of situations. In its resolution 1993/20, the Commission placed emphasis on recent manifestations of racism
Load more

Recommended publications
  • The Case of Proposition 227 and the Ban on Bilingual Education
    Discrimination by Proxy: The Case of Proposition 227 and the Ban on Bilingual Education Kevin R Johnson' & George A. Martinez It's dump on Latino time again.' INTRODUCTION In 1998, the California voters, by a sixty-one to thirty-nine per- cent margin, passed Proposition 227,2 a ballot initiative innocu- ously known as "English for the Children."3 This measure in effect prohibits bilingual education programs for non-English speakers in the state's public school system. This Article contends that this pernicious initiative violates the Equal Protection Clause of the * Associate Dean of Academic Affairs and Professor of Law, University of California, Davis School of Law. A.B., University of California at Berkeley; J.D., Harvard University. Thanks to Dean Rex Perschbacher for financial and other support. The authors thank Marion Cobar, U.C. Davis 2000, and Rogelio Villagrana, 2002, for able research assistance that made this article possible. We also thank our editor, Sharon Fiedler, for her hard work. Christopher David Ruiz Cameron, Mary Romero, and Sylvia Lazos offered helpful, although often critical, comments. ** Professor of Law, Southern Methodist University; BA, Arizona State University; MA (Philosophy), University of Michigan; J.D., Harvard University. Thanks to Dean John Attanasio, Southern Methodist University, and the Smart Legal Education Endowment for providing a summer research grant to support my research on this project. ' Don Terry, Bilingual Education Facing Toughest Test N.Y. TIMES, Mar. 10, 1998, at Al (quoting Antonia Hernandez, Executive Director and General Counsel for the Mexican American Legal Defense and Educational Fund, commenting on Proposition 227). 2 See CAL.
    [Show full text]
  • Jim Crow Ethics and the Defense of the Jena Six Anthony V
    University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2009 Jim Crow Ethics and the Defense of the Jena Six Anthony V. Alfieri University of Miami School of Law, aalfieri@law.miami.edu Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Law and Race Commons, and the Law and Society Commons Recommended Citation Anthony V. Alfieri, Jim Crow Ethics and the Defense of the Jena Six, 94 Iowa L. Rev. 1651 (2009). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact library@law.miami.edu. Jim Crow Ethics and the Defense of the Jena Six Anthony V Alfieri* "Remember/The days of bondage" 1 ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish,Louisiana. The series, in turn, is part of a larger, ongoing project investigatingthe role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil- rights and criminal-justicestrategies in cases of racially-motivatedviolence. To that end, this Article revisits the prosecution and defense of theJena Six in the hope of uncovering the professional norms of practice under de jure and defacto conditions of racialsegregation, a set of norms I callJim Crow legal ethics.
    [Show full text]
  • Ecri Report on Ukraine
    CRI(2017)38 ECRI REPORT ON UKRAINE (fifth monitoring cycle) Adopted on 20 June 2017 Published on 19 September 2017 ECRI Secretariat Directorate General II - Democracy Council of Europe F-67075 STRASBOURG Cedex Tel.: + 33 (0) 3 90 21 46 62 E-mail: ecri@coe.int www.coe.int/ecri ECRI REPORT ON UKRAINE (fifth monitoring cycle) Adopted on 20 June 2017 Published on 19 September 2017 TABLE OF CONTENTS FOREWORD ................................................................................................................ 7 SUMMARY ................................................................................................................... 9 FINDINGS AND RECOMMENDATIONS .................................................................... 11 I. COMMON TOPICS ......................................................................................... 11 1. EXISTENCE OF LEGISLATION AGAINST RACISM AND RACIAL DISCRIMINATION .. 11 - CRIMINAL LAW ........................................................................................... 11 - CIVIL AND ADMINISTRATIVE LAW ................................................................. 12 - NATIONAL SPECIALISED BODIES .................................................................. 13 2. HATE SPEECH ........................................................................................... 14 - DATA ........................................................................................................ 14 - HATE SPEECH IN POLITICAL AND OTHER PUBLIC DISCOURSE ......................... 15 - EXTREMIST
    [Show full text]
  • Lessons from Social Psychology and the Promise Enforcement Cases Victor C
    Penn State Law eLibrary Journal Articles Faculty Works 1998 Expanding the Circle of Membership by Reconstructing the Alien: Lessons from Social Psychology and the Promise Enforcement Cases Victor C. Romero Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Civil Rights and Discrimination Commons, Human Rights Law Commons, and the Immigration Law Commons Recommended Citation Victor C. Romero, Expanding the Circle of Membership by Reconstructing the Alien: Lessons from Social Psychology and the Promise Enforcement Cases, 32 Mich. J.L. Reform 1 (1998). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact ram6023@psu.edu. EXPANDING THE CIRCLE OF MEMBERSHIP BY RECONSTRUCTING THE "ALIEN" t: LESSONS FROM SOCIAL PSYCHOLOGY AND THE "PROMISE ENFORCEMENT" CASES Victor C. Romero* Recent legal scholarshipsuggests that the Supreme Court's decisions on immigrants' rightsfavor conceptions of membership over personhood. Federal courts are often re- luctant to recognize the personal rights claims of noncitizens because they are not members of the United States. ProfessorMichael Scaperlandaargues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutionalprinci- ples of personhood. This Article takes up Scaperlanda'schallenge. Borrowing from recent research in social psychology, this Article contends that "We the People" can better inform our ideas of polity membership by resisting existing invidious stereo- types of the noncitizen as the "alien" and by embracing instead the notion of equal personhood.
    [Show full text]
  • A Voice from the Slavic Studies Edge: on Being a Black Woman in the Field Kimberly St
    August 2020 • v. 60, n. 4 NewsNet News of the Association for Slavic, East European, and Eurasian Studies A Voice from the Slavic Studies Edge: On Being a Black Woman in the Field Kimberly St. Julian-Varnon, University of Pennsylvania When I sat down to brainstorm what I wanted to say in a In June, the hashtag #BlackintheIvory began trending newsletter that would reach hundreds of ASEEES members, on Twitter. Thousands of Black academics shared their I immediately thought that I had to be careful because I experiences with racism and prejudice, from undergraduate am an incoming doctoral student whose academic career students to tenured faculty. I knew and had shared their is relatively non-existent. I was afraid of the backlash of ordeals. I was not surprised by any of their stories. Instead, being seen as a troublemaker or someone who “plays the I felt relief. I knew it was not just me who felt alienated race card.” My concern represents a more significant issue and alone in an overwhelmingly white field.1 It was a within my chosen field, Soviet/Russian/Ukrainian history, depressing confirmation because it was not better to be and academia. Beyond the ivory tower, the United States Black elsewhere in the academy. is experiencing a pivotal moment. Black people and their My experience in the field is relatively unique. I am one of allies are protesting for justice and the reform of the police a handful of Black people who work on Russian/Soviet/ and other institutions that maintain the status quo of racial Post-Soviet history.
    [Show full text]
  • The Myth of the Black Male Beast in Postclassical American Cinema: ‘Forging’ Stereoytpes and Discovering Black Masculinities
    THE MYTH OF THE BLACK MALE BEAST IN POSTCLASSICAL AMERICAN CINEMA: ‘FORGING’ STEREOYTPES AND DISCOVERING BLACK MASCULINITIES BY MARTIN LUTHER PATRICK A thesis submitted to The University of Birmingham For the degree of M.Phil Department of American and Canadian Studies The University of Birmingham September 2009 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Full name (surname first): Patrick, Martin Luther School/Department: Historical Studies/American and Canadian Studies Full title of thesis/dissertation: The myth of the Black male beast in postclassical American Cinema: ‘Forging’ stereotypes and discovering Black masculinities Degree: M.Phil. Date of submission: September 2009 Date of award of degree : December 2009 Abstract : The thesis examines how postclassical American film invent s Black male characters. It uses Levi-St rauss and B arthes’ methods of analyzing myth and critiques heg emonic authorship throug h Jung ’s work on archetypes in the collective unconscious and the ‘shadow’. Using Othello as a prototype character, I examine how he became an archetype that manifests two perceptions of B lack characters in the collective unconscious.
    [Show full text]
  • Contemporary Nationalism in Ukraine: Why We
    Contemporary Nationalism in Ukraine: Why we need a Broader Analytical Framework Taras Kuzio Center for Transatlantic Relations, School of Advanced International Relations, Johns Hopkins University, Washington DC ‘Russian and Ukrainian Nationalism: Entangled Histories.’ A Harriman Institute Workshop, Columbia University, 22 and 23 April 2013 This paper puts forward the proposal that nationalism in Ukraine should be investigated in a broader context than is traditionally undertaken by scholars who focus on one region (Western Ukraine) and one element (ethnic Ukrainian nationalism). This paper is divided into three sections. The first section surveys the phenomena of racism, xenophobia, and anti-Semitism in Ukraine. The second section analyses the failure of the émigré OUNb (Organisation of Ukrainian Nationalists, Stepan Bandera wing) to establish its political force in Ukraine compared with the success of the Svoboda (Freedom) political party. The third section analyses Russian and Soviet nationalism in Ukraine. Skinheads and Nazi parties and movements are included in my analysis of Russian and Soviet Nationalism because they do not espouse ethnic Ukrainian nationalist ideologies but instead propagate eclectic combinations of Ukrainian state nationalism, anti- Americanism and pan-Slavism. Racism, Xenophobia, and Anti-Semitism in Ukraine Racism Racist crimes in Ukraine against foreigners, migrants, asylum seekers, refugees, and Roma are rarely prosecuted and when they are they usually fall under the rubric of ‘hooliganism’ which leads to minor criminal charges. Racist and anti- Semitic crimes in Ukraine go unreported because of very low levels of public trust in the police1 and courts and fear of police racism and brutality. Racial profiling and individual targeting of identity checks in public places of immigrants and asylum seekers are commonplace which reduces confidence in the police and leads to under- reporting of racist attacks.
    [Show full text]
  • Race, Religion, and Sartre's Being-For-Others a Major Qualifying Project Submitted to the Faculty of Worcester Polytechnic
    Race, Religion, and Sartre’s Being-for-Others A Major Qualifying Project submitted to the Faculty of Worcester Polytechnic Institute in partial fulfillment of the requirements for the Degree in Bachelor of Science in Humanities and Arts, Concentration in Philosophy By Abdullah Hajjar 1 Abstract In this project, I explore the limitation of Jean-Paul Sartre’s concept of being-for-others and the accompanying intersubjective attitudes that we take in relation our being-for-others. Because the being-for-others for Blacks and Muslims is their negatively racialized bodies, Sartre’s intersubjective attitudes fail in the case of these two groups. This project criticizes Sartre’s intersubjective attitudes by examining the different strategies that Blacks and Muslims take in relation to their racialized being-for-others. 2 Acknowledgements I would like to thank Professor Jennifer McWeeny for advising me on this project. Her help during the previous months is greatly appreciated. Also, I would like to give special thanks to Professor John Sanbonmatsu for his comments on my MQP proposal and for his continued support. I also wish to thank all those who agreed to share their experiences of race and religion with me. In addition, I would like to thank WPI Department of Humanities and Arts and especially all the philosophy professors. 3 Table of Contents Abstract........................................................................................................................................... 1 Acknowledgements........................................................................................................................
    [Show full text]
  • A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops
    Michigan Journal of Race and Law Volume 6 2001 Striking a Sincere Balance: A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops Mia Carpiniello Georgetown University Law Center Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Civil Rights and Discrimination Commons, Fourth Amendment Commons, Law and Race Commons, and the Law Enforcement and Corrections Commons Recommended Citation Mia Carpiniello, Striking a Sincere Balance: A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops, 6 MICH. J. RACE & L. 355 (2001). Available at: https://repository.law.umich.edu/mjrl/vol6/iss2/7 This Note is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact mlaw.repository@umich.edu. STRIKING A SINCERE BALANCE: A REASONABLE BLACK PERSON STANDARD FOR "LOCATION PLUS EVASION" TERRY STOPS Mia Carpiniello* I. THE REASONABLE BLACK PERSON STANDARD ................................356 A. The Need for a Reasonable Black Person Standard........................ 358 1. The Suspect's "Raced" Decision to Flee .........................359 2. A Police Officer's "Raced" Decision to Stop a Suspect ....363 3. The Court's "Raced" Approach to Reasonable and A rticulable Suspicion ................................................368 II. ANALOGOUS ALTERNATIVE REASONABLE PERSON STANDARDS ........374 A. The Reasonable Woman Standard in Sexual Harassment Law .......374 B. The Battered Woman Standardfor Self-Defense Claims ................376 C. A Reasonable Black Person Standardfor Seizures .........................377 D.
    [Show full text]
  • Racial Construction and Hierarchical Privilege in the Dominican Republic Nicauris Heredia Rhode Island College, Nheredia 3456@Email.Ric.Edu
    Rhode Island College Digital Commons @ RIC Honors Projects Overview Honors Projects 2017 Racial Construction and Hierarchical Privilege in the Dominican Republic Nicauris Heredia Rhode Island College, nheredia_3456@email.ric.edu Follow this and additional works at: https://digitalcommons.ric.edu/honors_projects Part of the Other Political Science Commons Recommended Citation Heredia, Nicauris, "Racial Construction and Hierarchical Privilege in the Dominican Republic" (2017). Honors Projects Overview. 128. https://digitalcommons.ric.edu/honors_projects/128 This Honors is brought to you for free and open access by the Honors Projects at Digital Commons @ RIC. It has been accepted for inclusion in Honors Projects Overview by an authorized administrator of Digital Commons @ RIC. For more information, please contact digitalcommons@ric.edu. RACIAL CONSTRUCTION AND HIERARCHICAL PRIVILEGE IN THE DOMINICAN REPUBLIC By Nicauris Heredia An Honors Project Submitted in Partial Fulfillment of the Requirements for Honors In The Department of Political Science Faculty of Arts and Sciences Rhode Island College 2017 Heredia 1 RACIAL CONSTRUCTION AND HIERARCHICAL PRIVILEGE IN THE DOMINICAN REPUBLIC By Nicauris Heredia To The Department of Political Science ABSTRACT The first step to solving any problem is admitting you have one. The Dominican government is in denial of a problem that is clearly noticeable to others. The government claims that there is no racial discrimination in the country and that anything said by the international community asserting the opposite is just a conspiracy against the State. Regardless of the Dominican Republic’s position, it is clear that immigration policies in the Dominican Republic are a source of racialization. Immigration policy was the vehicle the government used to drive the national processes of racialization, the construction of racial identities, and the continuance of and disputes over racial boundaries in the country.
    [Show full text]
  • Shadow Report to Ukraine's 19Th to 21Th Periodic
    SUBMISSION TO THE 79TH SESSION OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION SHADOW REPORT TO UKRAINE’S 19TH TO 21TH PERIODIC REPORT UNDER THE ICERD The “Social Action” Centre – “No Borders” project Minority Rights Group International Contact persons: Bernadett Sebaly: Bernadett.Sebaly@mrgmail.org Iryna Fedorovych: fedorovych@noborders.org.ua July 2011 1 CONTENTS 1. Introduction & Executive Summary ........................................................................................ 3 2. Recommendations……………………………………………………………………………..4 3. Prohibition of Discrimination In Ukraine: The Legislative Framework And The Practice Of Its Implementation..............................................................................................................................6 4. Failure of Ukraine authorities to protect minorities from racist violence and bring perpetrators of it to liability............................................................................................................................................9 5. Failure of Ukraine to meet the requirement of Article 4 of CERD by effectively banning propaganda and incitement of racial discrimination.........................................................................................18 6. Inefficiency Of Prohibition Of Discrimination Contained In Ukrainian Legislation (Article 2(1)(D))..........................................................................................................................................21 7. Inadequacy of Institutional
    [Show full text]
  • The Perception of Hate Crimes by the Decision Makers and Its Impact Upon the Regulation and Prosecution of Those Crimes
    MYKOLAS ROMERIS UNIVERSITY FACULTY OF LAW INSTITUTE OF INTERNATIONAL AND EUROPEAN UNION LAW YEVHENIIA KOVALENKO FULL-TIME MASTER DEGREE STUDIES OF INTERNATIONAL LAW THE PERCEPTION OF HATE CRIMES BY THE DECISION MAKERS AND ITS IMPACT UPON THE REGULATION AND PROSECUTION OF THOSE CRIMES Supervisor: Prof. dr. Justinas Žilinskas Vilnius 2019-2020 TABLE OF CONTENTS LIST OF ABBREVIATIONS……………………………………………………………………..3 INTRODUCTION ………………………………………………………………………………..4 1. DEFINITION AND MAIN FEATURES OF HATE CRIMES………………………………..9 1.1 Definition of hate crime and its key elements ………………………………………..9 1.2 Victims of hate crimes: general characteristics and analysis of main groups of risks…14 1.2.1 Race, ethnicity religion………………………….……………………….16 1.2.2 Gender, sexual orientation………………………………………………..18 1.2.3 Other categories...………………………………………………………..20 1.3 Perpetrators of hate crimes ………………………………………………………….21 1.4 Importance of application of hate crime laws and policies………………………… 29 2. INTERNATIONAL LEGAL INSTRUMENTS FOR COMBATING HATE CRIMES AND THEIR ENFORCEMENT……………………………………………………………………….30 2.1 International sources of hate crime legislation……………………………………….30 2.2 Legal regulation of hate crimes practices and policies within the European Union….34 2.3 Practice of the European court of human rights in combating hate crimes…………..37 3. THE PERCEPTION OF HATE CRIMES BY THE DECISION MAKERS AND ITS IMPACT UPON THE REGULATION AND PROSECUTION OF THOSE CRIMES……………………41 3.1 Peculiarities of activity of decision makers in hate crimes………………………….41 3.2 General obstacles
    [Show full text]