HATE CRIMES IN THE OSCE REGION - INCIDENTS AND RESPONSES ANNUAL REPORT FOR 2007 Warsaw, October 2008 Foreword In 2007, violent manifestations of intolerance continued to take place across the OSCE region. Such acts, although targeting individuals, affected entire communities and instilled fear among victims and members of their communities. The destabilizing effect of hate crimes and the potential for such crimes and incidents to threaten the security of individuals and societal cohesion – by giving rise to wider-scale conflict and violence – was acknowledged in the decision on tolerance and non-discrimination adopted by the OSCE Ministerial Council in Madrid in November 2007.1 The development of this report is based on the task the Office for Democratic Institutions and Human Rights (ODIHR) received “to serve as a collection point for information and statistics on hate crimes and relevant legislation provided by participating States and to make this information publicly available through … its report on Challenges and Responses to Hate-Motivated Incidents in the OSCE Region”.2 A comprehensive consultation process with governments and civil society takes place during the drafting of the report. In February 2008, ODIHR issued a first call to the nominated national points of contact on combating hate crime, to civil society, and to OSCE institutions and field operations to submit information for this report. The requested information included updates on legislative developments, data on hate crimes and incidents, as well as practical initiatives for combating hate crime. I am pleased to note that the national points of contact provided ODIHR with information and updates on a more systematic basis. Since governments were given the opportunity to comment on the drafts in May and June, ODIHR was able to provide the most up-to-date and accurate information. The consultative process also included regular contact with civil-society organizations, as well as OSCE institutions and field operations. ODIHR is committed to further enhancing the content of the report and providing more comprehensive information on the responses of OSCE states to violent acts of hate and intolerance. This was one of the motives that led ODIHR and the Finnish Chairmanship to organize a meeting with the national points of contact in June this year. The meeting provided an important forum to discuss future collaboration and to identify ways in which the quality and accuracy of the information contained in the report could be even more enhanced. I very much hope that future reports will build upon the existing good co-operation that ODIHR shares with the national points of contact and participating 1 OSCE Ministerial Council Decision No. 10/07, “Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding”, Madrid, 30 November 2007, <http://www.osce.org/documents/mcs/2007/12/28629_en.pdf>. 2 OSCE Ministerial Council Decision No. 13/06, “Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding”, Brussels, 5 December 2006, <http://www.osce.org/documents/mcs/2006/12/22565_en.pdf>. 2 States, as the comprehensive nature and quality of our reporting are contingent upon the input we receive. A number of positive responses and practical initiatives are emphasized in this report. While this list is not exhaustive, it is important to emphasize the value of these tools in the prevention, awareness-raising, and promotion of mutual respect and understanding. ODIHR hopes that these accomplishments will encourage governments and civil society to further strengthen their action in these fields. To this end, I also invite all participating States to review the first of the two ODIHR toolboxes for combating hate crime, which are presented at the end of this report. I would encourage participating States to seek our technical assistance and expertise in order to improve the implementation of OSCE commitments. We will continue to develop and refine these tools accordingly. In conclusion, I wish to thank all our contributors, including those in governments, institutions, and civil society. Their effective responses to hate-motivated violence help in the fight against racism, xenophobia, anti-Semitism and other forms of intolerance and discrimination, including against Muslims, Christians, and members of other religions. I hope that our continued efforts will further promote a climate of greater respect and understanding. Ambassador Janez Lenar!i! ODIHR Director 3 Executive Summary This year’s ODIHR report on hate crime in the OSCE region, summarized below, finds a continued pattern of brutal attacks on visibly identifiable groups, often intended to degrade or humiliate the victims. Many of the attacks coincided with religious holidays and/or prayer times. Another alarming development was the emergence of the Holocaust as a rhetorical means to threaten and offend Jews, underlined by frequent damage to Holocaust memorials. Hate-motivated incidents against Muslims, Christians, and other religious groups continued to be significantly under-reported and under-recorded, as were homophobic crimes. Those standing up to defend human rights also came under attack, with numerous hate crimes reported against activists and leaders of minority groups. Sporting events were particularly prone to acts of intolerance of a racist, anti-Semitic, or xenophobic nature. Perhaps most disturbing was a trend for high-ranking members of government and mainstream political parties to introduce prejudices against various such groups into the realm of public discussion. On the basis of existing commitments, and through co-ordination with relevant OSCE executive structures, Decision No. 13/06 of the 2006 Ministerial Council encouraged ODIHR to: • “continue to serve as a collection point for information and statistics on hate crimes and relevant legislation provided by participating States and to make this information publicly available through its Tolerance and Non-Discrimination Information System and its report on Challenges and Responses to Hate- Motivated Incidents in the OSCE Region”; • “strengthen, within its existing resources, its early warning function to identify, report and raise awareness on hate-motivated incidents and trends and to provide recommendations and assistance to participating States, upon their request, in areas where more adequate responses are needed”.3 This second annual report is a continuation of ODIHR's task to serve as a collection point for information related to hate crimes, including legislation and statistics, and to raise awareness about existing responses to such crimes within OSCE participating States. The aim of this report is to provide an overview of practical efforts and measures undertaken by governments and civil society to combat violent and non-violent manifestations of hate and to promote mutual respect and understanding. An introductory note on terminology and methodology explains why specific terms and definitions are used and provides an explanation of the different types of sources ODIHR relied on to produce this report. 3 Ibid. 4 Part I is divided into two sections: legal developments and an overview of hate-crime data collected by OSCE participating States. The section on hate-crime legislation provides a summary of international and national developments reported in 2007. It also discusses the challenges that states face in ensuring effective implementation of legislation. The section on hate-crime data looks at patterns and developments related to the collection of, and reporting on, hate-crime data across the OSCE region. A summary of official government data is included, as well as data collected and reported by specialized bodies and inter-governmental and non-governmental organizations. This section also presents the continued challenges that states face in collecting comprehensive, accurate, and disaggregated data. Part II identifies a range of violent, hate-motivated crimes and incidents, with a view to identifying and illustrating recurrent patterns and responses in OSCE participating States during 2007. Violent hate-motivated incidents include: • racist and xenophobic incidents (including against Roma and Sinti and also migrants, national and visible minorities, refugees, and asylum seekers); • anti-Semitic incidents; • incidents based on intolerance and discrimination against Muslims; • incidents related to intolerance and discrimination against Christians and members of other religions; • homophobic incidents;4 • incidents against human-rights defenders active in the area of tolerance and non- discrimination. Part III examines non-violent expressions of intolerance and the role that speeches, political campaigns, and websites played in provoking hostility, prejudice, and even violence across the OSCE region in 2007. In presenting examples of expressions and manifestations of hate and intolerance, these issues are discussed within a broader human-rights framework that acknowledges the fundamental right to freedom of expression and that also recognizes the significant differences in the ways that OSCE states deal with the issue of hate speech. Part IV includes an overview of new measures and initiatives undertaken by governments, specialized bodies, and inter-governmental and non-governmental organizations to prevent and respond to hate crimes and incidents. Examples of new 4 It is important to note that there remains no clear consensus among OSCE participating States about the specific inclusion