RACISM, INTOLERANCE, HATE SPEECH A compilation of relevant texts adopted NO HATE by the Parliamentary Assembly PARLIAMENTARY of the Council of Europe ALLIANCE RACISM, INTOLERANCE, HATE SPEECH A compilation of texts adopted by the Parliamentary Assembly of the Council of Europe Council of Europe All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be addressed to the Secretariat of the Committee on Equality and Non-Discrimination, Parliamentary Assembly of the Council of Europe. Cover and layout: Documents and Publications Production Department (SPDP), Council of Europe Photo: Shutterstock This publication has not been copy-edited by the SPDP Editorial Unit to correct typographical and grammatical errors. © Council of Europe, August 2021 Printed at the Council of Europe Contents FOREWORD 5 I. RACISM 7 Recognising and preventing neo-racism 7 A strategy to prevent racism and intolerance in Europe 9 Tackling racism in the police 11 Combating Afrophobia, or anti-Black racism, in Europe 13 II. INTOLERANCE 15 Promoting the inclusion of Roma and Travellers 15 Renewed commitment in the fight against antisemitism in Europe 17 Identities and diversity within intercultural societies 19 Migrants: ensuring they are a benefit for European host societies 21 III. HATE AND HATE SPEECH 24 The role and responsibilities of 24 political leaders in combating hate speech and intolerance 24 Stop hate speech and acts of hatred in sport 26 Ending cyberdiscrimination and online hate 28 Counteraction to manifestations of neo-Nazism 31 Terrorist attacks in Paris: together for a democratic response 34 ► Page 3 FOREWORD by Momodou Malcolm Jallow, General Rapporteur on combating racism and intolerance and Coordinator of the No Hate Parliamentary Alliance he Parliamentary Assembly of the Council of Europe has carried out impressive work in the area of T combating racism and intolerance. Its adopted texts cover a range of issues, including anti-gypsyism, anti-Semitism, xenophobia and intolerance targeting migrants. Not only do these documents take stock of the situation, analysing the challenges faced by European societies, they also indicate a variety of measures to address them which should be implemented by the legislators and policy makers of the Council of Europe’s member States. In view of the upsurge of intolerance and the emergence of new forms of racism, as observed by all the Assembly rapporteurs who have been active in this area, much remains to be done, particularly in terms of follow-up to adopted texts and their implementation in national legislation and policies. As a General Rapporteur, I endeavour to disseminate the work of the Parliamentary Assembly by raising aware- ness among political leaders and sharing with them the measures voted by this “Parliament of human rights”, which has contributed to shaping democracy in Europe for over 70 years. It is a central part of my mandate. However, it is not only the General Rapporteur’s job to give visibility to this acquis: all members should act as representatives of the Assembly and take back to their own national parliaments the outcome of the debates held by the Assembly and its committees, experience from others and examples of good practice. Assembly members have the opportunity to make use of relevant resolutions and recommendations whenever domestic draft legislation is discussed and budget is allocated. I would like to encourage my fellow members to play this important role, which can contribute substantially to advancing the cause of equality and non-discrimination on our continent. This publication is meant precisely to support them in performing this task. Its main aim is to present and provide an easy access to recent texts adopted by the Parliamentary Assembly – they are worth reading and worth being brought to a wider audience. In addition to parliamentarians, this compilation may be of interest to non-governmental organisations, individual activists and all those who believe in everyone’s right to live free from discrimination. While this compilation deals with a wide range of issues, the work of the Assembly continues, with a view to covering other forms and manifestations of intolerance. Reports currently or soon to be under preparation include themes such as antisemitism and Islamophobia. While I am happy to present this first collection, I already look forward to a future edition updated to include these texts. ► Page 5 I. Racism espite the progress achieved in human rights protection over the last decades, racism is rife in Europe D and on the rise in many countries. In Resolution 2069 (2015) on Recognising and preventing neo-racism, the Parliamentary Assembly states that “Europe must not underestimate the dangers of racism, nor must it forget the lessons of history”, adding that historical memory must help us understand the destructive impact of stigmatisation, prejudice, social exclusion, deprivation of rights, humiliation and segregation. Indeed, the causes of racism are deeply rooted in history. The European colonial period, and its shameful corollaries of enslavement and the transatlantic slave trade, have paved the way for racism, particularly in the form of Afrophobia, and discrimination against people of African descent. In addition to the traditional form of rac- ism, based on the absurd idea of a supposed hierarchy of “races” (in inverted commas as the very concept of race is completely obsolete), a new form of racism has emerged in recent years. It is based on the idea that non-European migrants are culturally incompatible with the values and lifestyle of our continent. This idea aims mainly to justify the rejection of migrants and discrimination against them. The texts adopted by the Assembly in this area provide a wide range of guidelines for Council of Europe mem- ber States as regards education, information and awareness raising, but also address the role of civil society. Countering racism, however, is not only a question of single policies or pieces of legislation. The Assembly has made it clear that the urgent need to address racism requires a strategic approach, which implies the strengthening of a comprehensive legal framework and greater efforts to ensure its effective implementation. The standard-setting work of the European Commission against Racism and Intolerance, with General Policy Recommendations covering a wide range of forms of intolerance and discrimination, is a major reference for the work of the Assembly and of all those committed to countering racism1. Recognising and preventing exacerbated this phenomenon: firstly, the economic neo-racism crisis of recent years, and secondly, the geopolitical instability of certain countries in North Africa and the Middle East. Report | Doc. 13809 | 08 June 2015 Racism currently manifests itself in new forms and does not necessarily adhere to the concept of a hierarchy Committee: of “races”. What can be observed is often a “race-less Committee on Equality and Non-Discrimination racism” based on the premise that cultural differences Rapporteur: are irreducible. Contemporary racism may be more Ms Milena SANTERINI, Italy, SOC subtle, but it is as pernicious as traditional racism, since its aim and effects are the same: it purports to explain Origin: and legitimise discriminatory types of behaviour or Reference to committee: Doc. 13440, Reference 4049 speech and helps to fuel them. of 23 June 2014. 2015 - Third part-session Hate speech, increasingly widespread, especially in the Summary political sphere and on the Internet, is also a reason for concern. Politicians should be aware of the effect In Europe, we are witnessing a rising tide of racism, of their words on public opinion and should refrain xenophobia and intolerance in various forms, which from using any forms of discriminatory, insulting or particularly affects immigrants, Muslims, Jews and aggressive language about groups or categories of Roma. At least two principal factors appear to have people. 1. A compilation of ECRI’s General Policy Recommendations is available at https://rm.coe.int/compilation-of-ecri-s-general -policy-recommendations-march-2018/16808b7945 ► Page 7 As racism is a complex phenomenon and entails 6. In the light of these considerations, the Assembly multiple factors, the battle against it must be fought calls on the member States of the Council of Europe: on multiple fronts. In addition to legal instruments 6.1. regarding civil society and dialogue between designed to prohibit and punish all expressions of communities, to: racism, including hate speech, we must fight intoler- ance using cultural and social instruments. Education 6.1.1. promote the role of civil society, in particular and information must play a crucial part in training organisations representing groups which are victims the public to respect ethnic, cultural and religious of racism or targets of hate speech, as counterparts of diversity. Solidarity with the groups which are victims the public authorities with the aim of co-operating in of racism and targets of hate speech, and between the implementation of policies to counter discrimina- these groups, contributes significantly to countering tion, hostility and prejudice; racism and discrimination in all their forms. 6.1.2. encourage exchanges between groups which Read the full report: https://pace.coe.int/en/files/21973 are victims of racism or targets of hate speech, in particular in the form of joint projects developed with the aim of consolidating social ties and promot- Resolution 2069 (2015) ing inter-community solidarity and the fight against discrimination; 1. A disturbing rise in racism, xenophobia and intoler- ance has been apparent for some years now in Europe. 6.2. regarding the legal framework for combating Those affected include migrants and asylum seekers, racism and intolerance, and its implementation, to: Jews, Muslims and Roma, and the reason is a sup- 6.2.1.