Hate crime and hate speech: protection in place at EU level Joël Le Déroff – Senior Policy & Programmes Officer – 18 June 2013

Which principles shall inspire EU, Member States and candidate countries’ policies? On the one hand: Civil Society Organisations and public authorities have identified policy challenges: underreporting, improving policy responses, building confidence between authorities and victimised communities, etc. On the other hand: All the States of the region have subscribed to detailed political commitments at OSCE and Council of Europe level Let these commitments guide us towards the next steps! Let’s hope that political will is present!

First set of political commitments: OSCE Ministerial Decision 9/09 on hate crimes All 56 participating States of the OSCE have subscribed to this decision It is about all hate crimes (no specific grounds is mentioned) It is monitored by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) The ODIHR also makes other resources available: training programmes for law enforcement officers, manuals on drafting hate crime legislation…

Policy areaExisting commitments Criminal legislationAdopt ‘tailored legislation’ to combat all forms of hate crimes Law enforcementEnsure effective and impartial investigation of alleged cases Reactions by State and local authorities Public condemnation of incidents Reporting schemesEncourage victims and witnesses to report incidents Skills building within State agencies Training of law enforcement bodies on identification of incidents and support to victims Data gatheringSystematic and collection and analysis of data on reported, prosecution and sentencing NGOs victims support organisations Consultation and cooperation (e.g. counseling)

First set of political commitments: Council of Europe Recommendation CM/Rec(2010)5 All 47 Member States have subscribed to this Recommendation adopted by the Committee of Ministers The substance of the commitments is quite similar, and this Recommendation is specific to sexual orientation and gender identity It is monitored by the Committee of Ministers of the CoE and by the European Commission against Racism and Intolerance (ECRI) The CoE also has a project on the implementation of the Recommendation in several countries (including Serbia)

ILGA-Europe’s projects and priorities ILGA-Europe’s priorities and principles Advocacy for EU and national criminal legislation provisions and policy models according to OSCE and CoE principles The development of policy models on cooperation between LGBTI NGOs and public authorities in charge of combating crime Projects on capacity building of NGOs for reporting and monitoring hate crime and hate speech Projects on identification and dissemination of good practices and policy models Publications on policy models and on developing training with NGOs for law enforcement authorities

ILGA-Europe’s projects and priorities ILGA-Europe’s priorities and principles We work together with other NGOs specialised in other discrimination/hate crime/hate speech grounds Example of the ‘Facing Facts!’ project with Jewish organisations We encourage our members, whenever possible, to engage with their national competent public authorities We promote advocacy actions that go in the sense of practical cooperation (not only of amending legislation) We define complementary advocacy actions at European level (e.g. for action by CEPOL, the European Police College)