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Racist and xenophobic hate crime

Racism is prejudice or hostility towards a person's race, colour, language, nationality, or national or ethnic origin. While some communities are particularly vulnerable, any ethnic group can be the target of racism. Intolerant discourse in the media or from politicians can lead to increased racist sentiments towards migrants and other minorities, including in the form of scapegoating in times of economic crisis. ODIHR's annual reporting on hate crime in the OSCE area has demonstrated that racist attacks can take a range of forms, targeting people from diverse groups across the region. Violent attacks by groups of perpetrators against migrants and ethnic minorities, as well as damage to businesses and property owned by or associated with established ethnic communities are common features of this type of crime.

The OSCE has long recognized the threat to international security posed by racism, xenophobia and related forms of intolerance. Participating States condemned racial and ethnic hatred as early 1990. At the Ministerial Council meeting in Maastricht in 2003, participating States committed themselves to combat hate crimes fuelled by racist or xenophobic propaganda and to publicly denounce such crimes.

Most participating States reported that they record hate crime data according to at least one category related to racism and xenophobia, such as "race"/colour, nationality/ethnicity/national origin, citizenship or language. The differences in recording and reporting policies among participating States present a number of challenges for ODIHR when interpreting and verifying information received. Data from different participating States can be incomparable due, for example, to inconsistencies about which groups are legally protected and monitored. There is also a risk that the same data might be double counted in general statistics. For example, anti-Semitic hate crime might be reported separately or included under the broader category of racist hate crime, or both. While the number of NGOs reporting to ODIHR has increased, victims' negative experiences in police responses and a lack of capacity of NGOs to monitor and report on the phenomenon contribute to the problem of under-reporting.

ODIHR TANDIS

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States that report

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    Austria
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    Belgium
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    Canada
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    Croatia
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    Finland
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    France
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    Germany
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    Ireland
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    Italy
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    Latvia
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    Liechtenstein
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    Moldova
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    Netherlands
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    Norway
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    Poland
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    Spain
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    Sweden
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    Ukraine
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    United Kingdom
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    United States of America
20 states

Incidents were reported on these states

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    Armenia
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    Austria
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    Belgium
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    Bosnia and Herzegovina
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    Bulgaria
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    Czech Republic
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    France
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    Germany
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    Greece
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    Hungary
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    Ireland
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    Italy
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    Latvia
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    Moldova
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    North Macedonia
    North Macedonia
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    Poland
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    Russian Federation
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    Serbia
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    Spain
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    Sweden
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    Switzerland
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    Türkiye
    Türkiye
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    Ukraine
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    United Kingdom
24 states

Reports

Overview of incidents reported by civil society

Attacks Against People Attacks Against Property Total
Violent Attacks Threats
484 140 237 861

International Reports

Albania

In its fifth report on Albania, the European Commission against Racism and Intolerance (ECRI) recommended that police consult civil society regularly on hate crimes and investigate these crimes thoroughly, fully considering bias motivation.

Belgium

The UN Committee on the Elimination of Racial Discrimination (CERD) recommended strengthening existing training programmes for police officers and judges in Belgium. It also noted concerns with racially motivated violence committed by police officers. CERD recommends that Belgium strengthen its mechanisms for reporting bias-motivated incidents committed by officials, notably ensuring that undocumented migrants have access to this mechanism without fearing reprisals, and that any allegations are properly investigated.

Bosnia and Herzegovina

The OSCE Mission to Bosnia and Herzegovina reported that it continued its activities with law enforcement, the judiciary and civil society organizations, including organizing four training events for 52 prosecutors and judges, and the establishment of five local civil society coalitions that aim to work together to improve monitoring and prevention of hate crime. The Mission continued to support its online “Super Citizens” reporting tool and to publish reports in its Hate Monitor, a monthly visualization of the Mission’s hate crimes monitoring information, which presents the latest data on all known bias-motivated incidents and responses to these incidents by judicial agencies, local authorities and civil society throughout Bosnia and Herzegovina.

The Mission also continued its co-operation with the project “Fighting Hate Crime in BiH”, funded by the Dutch OSCE Delegation. The Mission also reported that the Federal Ministry of Interior and the Police Academy adopted a hate crime training programme for the police, and that five municipalities adopted Community Cohesion Action Plans.

Bulgaria

The United Nations High Commissioner for Refugees (UNHCR) in Bulgaria implemented a television, print and online media campaign against xenophobic attitudes.

Cyprus

The UN High Commissioner for Human Rights recommended the investigation of all racially motivated attacks and the prosecution of those responsible.

Czech Republic

The United Nations High Commissioner for Refugees (UNHCR) reported that the governmental Agency for Social Inclusion launched the Hate Free campaign against hate violence and intolerance, which targets youth and consists of the Hate Free social media campaign, local educational projects, advocacy and research.

In his annual report, the Commissioner for Human Rights of the Council of Europe called on local authorities to take measures to prevent the recurrence of hate crimes against members of minority groups.

France

In his country visit report, the Commissioner for Human Rights of the Council of Europe expressed concern at rising racist, anti-Semitic, anti-Muslim and homophobic rhetoric and acts. He stressed that the existing, solid legal framework needs to be complemented by more preventive and awareness-raising measures.

Hungary

In his country visit report, the Council of Europe Commissioner for Human Rights welcomed improvements in the legal framework against hate crimes and hate speech and urged the authorities to better investigate the possible racial motivation of offences and take appropriate sanctions against those who commit hate crimes.

The United Nations High Commissioner for Refugees (UNHCR) reported that the Working Group Against Hate Crimes, a coalition made up of Amnesty International Hungary, the Hungarian Helsinki Committee, the Háttér Society, the Legal Defence Bureau for National and Ethnic Minorities and the Hungarian Civil Liberties Union, published "Hate Crimes in Hungary: Problems, recommendations, good practices." The report covers key issues in improving responses to hate crime, such as addressing under reporting, proving legal representation, improving official recording mechanisms and ensuring effective state action.

It its fifth report on Hungary, the European Commission against Racism and Intolerance (ECRI) recommended that the National Crime Prevention Strategy be revised to include measures against hate crime.

Ireland

The United Nations High Commissioner for Refugees (UNHCR) reported that the Minister of State for Equality, New Communities and Culture chaired a roundtable event hosted by the University of Limerick and involving NGOs, to discuss new approaches to addressing hate crime in Ireland, including the need for legislation to address hate crime through criminal law. The United Nations High Commissioner for Refugees (UNHCR) also reported the publication of "’A Life Free From Fear’ Legislating for Hate Crime in Ireland: An NGO Perspective," which highlights the absence of hate crime legislation in Ireland.

Italy

The UN Universal Periodic Review Working Group recommended in its report that authorities reinforce measures to combat attacks against minority groups, by emphasizing prevention of and follow-up on these acts.

Luxembourg

The UN Committee on the Elimination of Racial Discrimination (CERD) reiterated its recommendation to introduce aggravating circumstances for racially motivated crimes into criminal legislation.

Moldova

The United Nations High Commissioner for Refugees (UNHCR) conducted several seminars for border police, prosecutors and lawyers that addressed aspects of hate crime investigation and responses.

Montenegro

The United Nations High Commissioner for Refugees (UNHCR) reported that the civil society group Juventas conducted training on hate crime for the police.

The UN Committee on the Elimination of Racial Discrimination (CERD) recommended strengthening training for police officers, prosecutors and judges on dealing with hate crime; and establishing a mechanism to recognize, record, analyze and report on hate crimes. CERD also recommends that the criminal code include racial, national, ethnic or ethno-religious motivation as an aggravating circumstance when determining the punishment for crimes.

Norway

The UN High Commissioner on Human Rights noted the creation of a dedicated hate crime unit by the Oslo police in his annual report on intolerance.

The UN Human Rights Council, in its Universal Periodic Review (UPR),​ recommended improving the collection of data and addressing the under-reporting of hate crimes. It also recommended providing additional resources to the Office of the Equality and Anti-Discrimination Ombudsperson in order to combat discrimination and hate crime against migrant Roma.

It its fifth report on Norway, the European Commission against Racism and Intolerance (ECRI) praised the Oslo police for creating a specialized hate crime unit, involving civil society organizations in police officer training and conducting regular dialogue with civil society. ECRI recommended the creation of an electronic system for recording and monitoring racist and homophobic/transphobic incidents and processing them through the judicial system.

The International Office for Migration (IOM) reported that the Oslo police established a specialist hate crime unit.

Poland

The United Nations High Commissioner for Refugees (UNHCR) reported several initiatives in Poland related to hate crime. The Polish police created a Police Platform against Hatred, which includes Police Human Rights Plenipotentiaries from all regions, representatives from the ombudsperson’s office, UNHCR, civil society groups and the Plenipotentiary for Equal Treatment from the Ministry of Interior. The platform holds quarterly meetings to discuss current challenges related to hate crime and ways to address them.

UNHCR also reported that the Ministry of the Interior published a report on the state of combatting racism and xenophobia in Białystok, the Afryka Connect Foundation organized regular meetings on hate crime and intolerance involving migrants, and the municipality of Białystok organized the "Tolerance is OK" open conference.

The UN Committee on the Elimination of Racial Discrimination (CERD) recommended changes to the Polish criminal code, specifically making the racial motivation of a crime an aggravating circumstance and allowing for enhanced punishment to combat the occurrence of such acts. It also noted its concern that victims may not be willing to report incidents through official channels, recommending as a result that Poland continue its training programmes for police officers, prosecutors and judges.

It its fifth report on Poland, the European Commission against Racism and Intolerance (ECRI) commended the guidance on prosecuting hate crimes issued by the Prosecutor General and encouraged its effective implementation. ECRI also recommended that Polish authorities improve their system for collecting hate crime data.

Romania

In his report following a country visit to Romania, the Commissioner for Human Rights of the Council of Europe urged the authorities to properly record hate crimes and ensure that law enforcement officials and legal professionals are adequately and systematically trained to recognise, investigate and sanction crimes committed with a racist motive, which primarily affect Roma communities.

Russian Federation

The United Nations High Commissioner for Refugees (UNHCR) reported that the civil society group Civic Assistance produced and released over 2,000 leaflets to raise awareness about their hotline for hate crime victims.

Serbia

The OSCE Mission to Serbia and the Government Office for Human and Minority Rights (OHMR) continued to support regular meetings of the informal inter-governmental group on hate crimes. This group provides a forum for dialogue on hate crimes among civil society and government representatives. The Mission and OHMR also hosted a regional conference focusing on the prosecution of hate crimes, attended by some 40 government and civil society representatives. Further, the Mission worked with the Judicial Academy to pilot a training seminar on hate crimes for members of the judiciary.

In his report following the country visit to Serbia, the Commissioner for Human Rights of the Council of Europe praised the country’s efforts in the field of hate crime training for judicial officials and the adoption of the "Action Plan for the Improvement of Work and Co-operation of the Police with Representatives and Associations of Persons of Different Sexual Orientation." He expressed concern over the large number of hate crimes targeting Roma and Sinti, and noted the persistent violence against LGBT people.

Slovakia

In its fifth report on Slovakia, the European Commission against Racism and Intolerance (ECRI) noted the amendments to aggravating circumstances provisions in the criminal code and reiterated the need for detailed statistical data on racist and homophobic/transphobic hate crime.

Slovenia

The UN Human Rights Council, in its Universal Periodic Review (UPR), recommended in its report that authorities take concrete measures to prevent racially motivated crimes and increase efforts to counter racist attacks, particularly against Roma.

Spain

The United Nations High Commissioner for Refugees (UNHCR) reported that the Council for Victims of Hate Crimes and Discrimination (COVIDOD) was established at the national level. It is a network of 20 civil society groups advocating for a law that guarantees legal and humanitarian assistance and protection for victims of hate crime.

Switzerland

In its fifth report on Switzerland, the European Commission against Racism and Intolerance (ECRI) recommended that the Swiss authorities improve their system for recording and monitoring violent incidents in order to obtain more reliable statistics on the racist, homophobic or transphobic motivations of offences.

The UN Committee on the Elimination of Racial Discrimination (CERD) recommended the incorporation of a criminal code provision ensuring that racist motivation constitute an aggravating circumstance allowing for more severe punishment.

United States of America

The UN Committee on the Elimination of Racial Discrimination (CERD) recommended that authorities improve their data-collection system for statistics on complaints of hate crimes and ensure that all law-enforcement officials and all new recruits are provided with initial and ongoing in-service training on the investigation and reporting of complaints of hate crimes.

Uzbekistan

The UN Committee on the Elimination of Racial Discrimination (CERD) recommended that racist motives be recognized as general aggravating circumstances for all offences and crimes in legislation.

OSCE Region

The OSCE Mission in Kosovo carried out several capacity-building activities, including training on prosecuting hate crime with the prosecution service and on hate crime recording with Kosovo police.

In its Basel Declaration, the OSCE Parallel Civil Society Conference expressed concern at rising intolerance, discrimination and hate crimes, and urged the OSCE to re-affirm and review existing commitments against all forms of discrimination, racism, xenophobia, intolerance and hate crimes. The declaration stated that the OSCE should address new forms and manifestations of these phenomena to protect all minorities from discrimination on any and all grounds, without exception.

The OSCE Parallel Civil Society Conference recommended to the OSCE Ministerial Council meeting that participating States establish a hotline to report hate crimes and discrimination for representatives of minority communities, victims and witnesses of hate crimes, and that participating States fulfil their commitments on hate crimes.

In its research examining support services for victims of crime across the 28 EU Member States, the European Union Agency for Fundamental Rights (FRA) identified promising practices from several EU Member States improving their victim support structures. The research also found several areas where EU Member States currently fall short of meeting the requirements of the 2012 EU Victims’ Directive.

In resolution 68/150 on "Combating glorification of Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance," the United Nations General Assembly (GA) encouraged States to provide training to the police and other law-enforcement bodies on the ideologies of extremist political parties, movements and groups, to strengthen law enforcement's capacity to address racist and xenophobic crime, bring the perpetrators of such crimes to justice and to combat impunity.

In his report on the implementation of resolution 68/150 the United Nations Special Rapporteur on Contemporary Forms of Racism stressed the importance of disaggregated data collection and welcomed efforts to train the police, immigration officers, judges and lawyers, on human rights and non-discrimination.  He also noted an increase in hate crimes, particularly in Eastern and Southern Europe, and expressed concern about the lack of reporting and the absence of reliable data. He called for better protection of victims, prevention of racist and xenophobic crimes, and encouraged States to establish detailed systems for recording, reporting and monitoring hate crimes.

In its report on the implementation of Council Framework Decision 2008/913/JHA on "Combating certain forms and expressions of racism and xenophobia by means of criminal law," the European Commission noted that a number of EU Member States have not transposed fully, and/or correctly, all the provisions of the Framework Decision, and suggested that improved hate crime data collection would contribute to its more effective implementation.

In his "Report on combating intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief," the United Nations High Commissioner for Human Rights noted that extremism and radicalization, often leading to hate crimes and violence, need to be addressed. This can be done through police and security responses, community engagement, and data gathering and monitoring, among other actions.

The United Nations General Assembly (GA) adopted resolution 68/127 on combating violence and violent extremism, condemning all forms of violent extremism and underlining the importance of civil society in generating public awareness to the dangers of extreme violence. It recommends promoting community engagement in countering violent extremism.

In his annual report, the Commissioner for Human Rights of the Council of Europe identified intolerance, racism and hate crime as requiring particular attention. The report highlighted the need for hate crimes to be effectively investigated and qualified as such by law-enforcement bodies, bias motivations to be taken into account as aggravating circumstances, and perpetrators to receive punishment commensurate to the gravity of the offence.

In his annual report, the UN Special Rapporteur on Freedom of Religion or Belief recommended prompt public condemnation of hate crimes by all relevant stakeholders and the reporting of disaggregated hate crime data by government authorities.

The Agency for Fundamental Rights of the European Union (FRA) established a "Working Party on Improving Reporting and Recording of Hate Crime in the EU". The working party brings together experts from the EU Member States and selected international organizations. ODIHR chairs its sub-group on the recording and reporting of hate crime.

The European Parliament adopted the "Resolution on the situation of fundamental rights in the European Union", in which it called on EU Member States to propose and adopt legislation and policies to combat homophobia, transphobia and hate crimes.

Related publications

Racist and Xenophobic hate crime
Racist and Xenophobic Hate Crime
24 August 2021
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Anti-Indigenous HC factsheet-EN
Anti-Indigenous Hate Crimes
6 August 2023
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Challenges and Perspectives on Hate Crime against Migrants
30 April 2018

Bias Motivations

  • Racist and xenophobic hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-Roma hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-Semitic hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-Muslim hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Hate crime against Christians and members of other religions
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Gender-based hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-LGBTI hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Disability hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Hate crime against other groups
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications

Contact Us

Email tndinfo@odihr.pl
Tel +48 22 520 06 00
Fax +48 22 520 06 05
OSCE Office for Democratic Institutions and Human Rights (ODIHR)
Tolerance and Non-Discrimination Department
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