Victims of Hate Crimes PDF

VICTIMS OF HATE CRIME WHAT IS HATE CRIME ? A criminal act committed against people, property, or societies that is motivated by prejudice towards a certain group to which the victim belongs or identifies with (i.e. LGBT community, foreign national or race). Offenders seek to humiliate and dehuma...

VICTIMS OF HATE CRIME WHAT IS HATE CRIME ? A criminal act committed against people, property, or societies that is motivated by prejudice towards a certain group to which the victim belongs or identifies with (i.e. LGBT community, foreign national or race). Offenders seek to humiliate and dehumanise victims. This bias or prejudice motive of the perpetrator distinguishes hate crimes from ordinary crimes. Practically, the bias motive means that: the perpetrator intentionally chose the target of the crime because of some characteristic; or while committing an ordinary crime, immediately before or after, the perpetrator expressed hostility towards the characteristics of the targeted person, group or property. Hate crimes involve mixed motives such as robbery, also incorporate crimes where the victim’s actual or perceived identity such as race, ethnicity, gender, sexual orientation, disability, health status, nationality, social origin, religion, culture, language and/or other characteristic is a factor. Hate crime are acts of violence or bullying directed at people because of who they are (actual) or who someone thinks they are (perceived). Hate crimes can target one person, multiple people or property associated with a group that shares a particular characteristic. Cont. Hate victimisation (or incidents): Is a term that collectively refer to hate crime, hate speech and intentional unfair discrimination. Hate crime differs from hate speech: Hate crime – involves a form of criminal actions Hate crime is not simply an expression of bias but extreme forms of prejudice and dangerous action motivated by biases. Hate - is the motive for the criminal offence Hate speech – The utterance or expression of hate is the actual offence Hate speech is speech that attacks a person or group on the basis of attributes such as race , religion, sexual orientation, or gender. Hate speech is defined as - Any person who intentionally publishes, propagates, advocates, makes available or communicates anything to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to be harmful or to incite harm; and promote or propagate hatred, based on one or more of the grounds, is guilty of the offence of hate speech. Cont. Hate crimes usually have a direct victim – a person harmed as a result of the crime. Due to the discriminatory nature of hate crimes - multiple identity traits can be targeted at once. For example: Victimised because you are Black (Race), Lesbian (sexual orientation) and Zimbabwean (Nationality) Hate crimes are message crimes. The offenders choose the individual victim or property – often anonymous, unknown and randomly selected – as representative of a group, in order to send a message of rejection or superiority to that group. Hate crimes are a serious threat to: principles of equality and non-discrimination societal cohesion.  Hate crimes are less likely than the non-bias crimes to be reported to the police. Hate crimes occur in the context of sustained harassment, most often in the home, at school and tertiary education institution Other reasons for not reporting hate crimes are: Fear of contact with the perpetrator or even retaliation Mistrust of the police and fear that the criminal justice system too may be biased Negative attitudes, actions and secondary victimization by criminal justice system Shame, among others, because it is their identity that is being problematized or attached Minority groups are targeted but anyone can be a victim  Incidents of hate crime and biased motivated violence in South Africa are apparent, the most recent example being an outbreak of attacks against foreign nationals in Gauteng, the Western Cape and KwaZulu- Natal, as well as the murdered and rape of black lesbians in townships across the country. Statistics on hate crime are generally lacking and it hard compare with other countries due to variations in definitions Meaningful statistics are difficult to establish  DIFFERENT TYPES OF HATE VICTIMISATION i. Race-based hate victimisation (Race) ii. Xenophobia-based hate victimisation (Nationality) iii. Sexual orientation and gender identity-based violence (Sexual orientation) Other forms of hate crime Hate on the basis of disability Hate on the basis of religion  RACE-BASED HATE CRIME Racial discrimination: Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Racism: Means prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one’s own race is superior. RACE-BASED HATE VICTIMISATION Most prevalent hate crime Hate based on race is formulated by white people – aim was to subject black people to unequal treatment – (unequal education, living conditions, employment opportunity) Apartheid created race as a mechanism for violence – (police brutality, torture, military attacks on townships) Race, in and of itself, was the social and psychological reality through which repression and violence functioned Racism was institutionalised, legalised and internalised in South Africa - In the apartheid era Examples of race-based violence: Dragging black people to the death behind motor vehicles Feeding black people to lions Adoption of the Bill of Rights as part of Constitution has granted equal rights to every South African citizen. Fundamental human rights are entrenched in Chapter 2 - sections 7 to 39 - Constitution of South Africa, Act 108 of 1996. The Bill of Rights enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. South Africa belongs to all who live in, united, in our diversity. RACIST VIOLENCE In the past there have been a number of cases where race appears to have been one motivating factor in the commission of the crime. These include: Racially-motivated sexual, verbal and physical attack on factory workers in Blackheath, near Cape Town in April 2011. The random shooting of four black people by white teenager Johan Nel (18 years old) in Skierlik, North-West in January 2008. Nel killed a mother and the infant she was holding, a man in his 70s, and a 10-year-old boy. Nel shot the victims on the street in the farming settlement of Skierlik Witnesses who said Nel shouted racist slurs during the shootings The shooting of three black bus passengers by self-proclaimed right winger De Wet Kritzinger in 2000. He targeted black people because they were the ones killing farmers. So, he wanted o send the message to the government that if farm murders continued, more whites might seek retribution.  The racially-motivated Christmas Eve bombing of a pharmacy and shopping centre in Worcester, Western Cape in 2005. Four white supremacists planted two other bombs in other public locations for a total of four, but the other two thankfully did not detonate. Two bombs that went off, one inside the store and one several minutes later at the Narotam pharmacy across the street They knew that almost no white person shopped at that busy and low-price location, and wanted to inflict the most race-based damage possible. There are still many incidents which appear to be influenced by racism, which indicate that a lot of work still needs to be done to truly eradicate racism. XENOPHOBIA-BASED HATE VICTIMISATION Xenophobia: Means an attitudinal orientation of hostility against non-nationals in a given population Dislike or prejudice against people from other countries The fear and hatred of foreigners. Xenophobic violence – refers to violence specifically targeting non- nationals and other groups seen as outsiders, including stateless persons. Patterns of violence included a number of cases of attacks on all foreign nationals living in a given neighbourhood as well as attacks specifically targeting foreign-owned shops. The violence specifically targeting foreign nationals, has been recorded in many parts of the world, including Egypt, Libya, Ukraine, Russia, Malaysia, Thailand, US and many parts of Europe. XENOPHOBIC VIOLENCE Several academic and civil society reports have also examined the May 2008 attacks that broke out in as many as 135 different locations across the country leading to: At least 62 deaths (two thirds of the victims were foreign nationals), over a hundred thousand people displaced, and substantial property damage. 342 foreign owned shops were looted 213 foreign owned shops were burnt down Before the 2008 violence, at least another 72 foreign nationals had been killed since 2000 in attacks thought to be xenophobic.  Non-nationals resident in South Africa are all the more likely to fall prey to violence, as South Africans often blame them for crime and unemployment, and view them as responsible for depriving “more-deserving” citizens of jobs, housing, and other economic goods. Hate comments on foreign nationals: –“They must go back to their country” –“They are taking our jobs” –“They are the cause of drugs and human trafficking” Murder, assaults, looting, robbery, arson attacks, displacement and threats of violence. In March 2010, the South African Human Rights Commission (SAHRC) issued a comprehensive report outlining its findings and recommendations relating to an outbreak of xenophobic violence in 2008 that targeted migrants, refugees, and others viewed as foreigners. XENOPHOBIC VIOLENCE The factor to xenophobia is the culture of impunity for violence against foreign nationals. For example: The Department of Justice reported that of an initial of 597 cases brought in connection with the violence, by October 2009 only 159 cases has been successfully prosecuted and 218 cases were withdrawn. Even in cases where numerous arrest had been made, very few are seen through to prosecution in the criminal justice system. Mitchell and Nel (2017) reported that only 7% of the cases the had recorded were seen through to verdict. In cases where arrests were made following large scale attacks on non- nationals – the detainees were minors who were simply released back into the custody of their parents. XENOPHOBIC VIOLENCE Over the past year, notable incidents have included: The murder of a Zimbabwean national by a mob in Diepsloot, Gauteng in January 2011. Threats against all foreign business owners in various parts of Gauteng by a group calling itself the Greater Gauteng Business Forum in May 2011. More than 50 Somali-owned shops are attacked and looted in Motherwell, Port Elizabeth in May 2011. The stoning to death of a Zimbabwean man by a mob in Polokwane, Limpopo in June 2011. The murder of over 25 Somali shopkeepers in townships around Cape Town between May and June 2011. Somali community leaders regard the attacks as xenophobic.  Cont.…. The stoning to death of a Mozambican man in GaPhasha, Limpopo in July 2011. Threats of violence against foreign nationals occupying government- provided housing in Alexandra as well as violence in Laudium, Pretoria in October 2011. Threats of violence against foreign business owners in Ekurhuleni, Gauteng by South African business owners in November 2011 2012 violence against Bangladeshi shopkeepers in 18 townships around Welkom, 60 shops were burnt down and 250 people displaced  SEXUAL ORIENTATION AND GENDER IDENTITY–BASED VIOLENCE LGBTI+ An umbrella term and abbreviation employed to refer to the community of non-normative sexuality or gender individuals as a whole (LGBTQIA Resource Center, 2020; Unicef, 2017). Sexual Orientation - refers to an individual’s sexual attraction together with their emotional and affectional relations with other individuals of any sex inclusive of sexual and intimate relations (Blondeel, DeVasconcelos, García-Moreno, Stephenson, Temmerman & Toskin, 2018).  Of the 69 countries that criminalise same-sex relations, 33 of these countries are located within the African continent (Reid, 2019). In much sub-Saharan Africa – same sex sexuality is considered to be “foreign” and is portrayed as “un-Africa”, - a product of colonialism. ‘Homosexuality is un-African’ – may be used to justify hate crime Some traditional beliefs suggest that those of same-sex sexual orientation are cursed or bewitched. In orthodox Christian and Muslim African countries, gay men and lesbian women are confronted with religious condemnation. ‘Homosexuality is a sin’ – may be used to justify hate crime  SEXUAL ORIENTATION AND GENDER IDENTITY–BASED VIOLENCE In November 2011, the United Nations released a statement expressing grave concerns, stating that instances of homophobic and transphobic violence have been reported worldwide (UN, Human Rights Council, 2011). These acts of violence can be psychological (such as threats, coercion, and deprivations of liberty) or physical (such as murder, beatings, kidnappings, rape, and sexual assault). The vast majority of openly LGBTI+ persons have experienced some form of victimisation such as verbal abuse, threats, being chased or followed, or being spat on. High levels of verbal assault and physical harm are often accompanied by hate speech in the case of homophobic attacks. There are high levels of physical violence associated with homo- and transphobic incidents than with other types of hate-motivated crime. Homophobic hate crime increases as lesbian and gay communities become more visible, and resultant vulnerabilities are due not so much to the sexual orientation that is at variance, but to gender non-conformity. SEXUAL ORIENTATION AND GENDER IDENTITY–BASED VIOLENCE Despite South Africa being the first nation on earth to outlaw discrimination based on sexual orientation, the first African country to legalize same-sex marriage and the world’s first republic to guarantee LGBT citizens equal rights in all realms of life (including adoption), cases of corrective rape have been on the rise (Global voices 2010). Corrective Rape: It is a criminal practice, whereby men rape lesbian women - as means of “curing” the women of her sexual orientation. It is the prejudiced notion that a women can be raped to make her straight – to ‘correct’ her lesbian sexuality. Corrective rape - seek to justify the rape of those who are perceived not to conform to – or who disrupt – expected gender roles, behaviour and/or presentation. Misogyny (hatred or prejudice against women by men) and homophobia underpin the prejudice associated with corrective rape Black lesbians, particularly in townships where they are seen to challenge patriarchal gender norms, are being increasingly targeted for rape and murder.  Cases of anti-LGBTQ+ crimes Anele Bhengu who identifies as part of the LGBTQ community - brutally murdered, her stomach was cut open and throat slit. Her family believe that she was raped before she was stabbed and suspect that this is a hate crime (Duma, 2021). An openly gay man, Sphamandla Khoza, from Ntuzuma was brutally murdered after he had been reportedly bullied for being gay days before he was killed (Ngqakamba & Evans, 2021) A lesbian, Nonhlanhla Kunene, was raped and murdered in Pietermaritzburg. Her half-naked body was discovered near the Edendale Primary School (Igual, 2021a) A transgender woman, Khulekani Gomazi, died in hospital after being allegedly beaten and her mouth burnt with acid by two women after being accused of sexually assaulting a 16 year old (Igual, 2021b) “Jamie” Adnaan Davids, was stabbed to death more than 20 times. It is reported that the perpetrators knew Davids and were also aware that she identified as a member of the LGBTIQ community (De Barros, 2020)  OTHER FORMS OF HATE VICTIMIZATION Disability:- There is little research on violence targeting people on the basis of disability A study conducted in 2005 – found that women with disabilities in Cape Town were frequently subjected to abuse, including psychological and financial abuse and, neglect or deprivation - with disability stigma influencing their exploitation and dehumanization. Religion:- Criminal victimization motivated by religious intolerance has been common in some part of the world including South Africa. Mitchell and Nel (2017) found that: 14% of victims were targeted based on their religious affiliation. South African Jewish communities were frequently targeted in cases of hate speech and defamation of character, particularly on social media. Attacks on property belonging to or associated with religious believers have an impact on entire communities for whom that property is a place of worship. Individuals within the 80,000-strong Jewish community in South Africa have reported verbal threats and hate mail as well as occasional instances of vandalism of synagogues and cemeteries. Some Hindu temples and statues have been vandalized over the past decade. OTHER FORMS OF HATE CRIME Health status:- Targeting individuals with violence on the basis of their health or HIV/AIDS status. Violence victimisation targeting individuals due to other characteristics in addition to race, nationality, sexual orientation and gender identity is common in South Africa. NATIONAL ACTION PLAN The Department of Justice and Constitutional Development spearheaded the Development of National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance. The purpose of the NAP is to build a non-racial, nonsexist society based on the values of human dignity, equality and the advancement of human rights and freedom. In 2011 – the Department of Justice and Constitutional Development (Doj&CD) set up a multisectional task team to see the inclusion of LGBTI-related vulnerabilities in the South African NAP. Therefore, sexual orientation and gender-identity violence is included in the NAP under ‘related tolerances’ in the title. The main focus of the NAP is to Address the issue of racism in our country Promote human dignity through the promotion and protection of human rights. Raise awareness of anti-racism, equality and anti-discrimination issues. Ensure that the concerns of individuals and groups encountering racism, racial discrimination, xenophobia and related intolerance are more effectively addressed Engender a commitment to eliminating racism, racial discrimination, xenophobia and related intolerance through appropriate programmes aimed at reaching achievable targets. Strengthen programmes for individuals and groups encountering racism, racial discrimination, xenophobia and related intolerance in education, health, employment, housing, food security, social services and access to justice including where necessary through appropriate remedies. Build a more equal society and strengthen the rule of law and democracy. ACT PROHIBITING HATE CRIME & HATE SPEECH Promotion of Equality And Prevention of Unfair Discrimination Act 4 of 2000 Chapter 2; section 10 [Prohibition of hate speech] Prevention and Combating of Hate Crimes and Hate Speech Act No.16 of 2023 Signed and approved by President Cyril Ramaphosa on the 9th of May 2024 FACTORS CONTRIBUTING TO HATE CRIMES Offenders motive that can increase vulnerability:- – Thrill-seeking behaviour: (Taking part in exciting activities that involve physical risk) Hate offences typically committed by youngsters who are motivated by the desire of excitement. Directed at homosexual men Gay-bashing is viewed as a ‘sport’ or a means of alleviating boredom, and associated with gaining peer respect. Thrill seekers are also said to account for the largest group of perpetrators of race-related crimes. – Peer pressure: To show prowess (bravery), masculinity or “prove” heterosexuality on one’s friends – For example - a perpetrator may take up a challenge pose by friends to vandalise the personal belongings of someone known to be gay, a foreign national or of another race. FACTORS CONTRIBUTING TO HATE CRIMES In self defence reactive or in response to the victims action: Poor socioeconomic conditions contribute to frustration and aggression relating to experiences of ongoing deprivation and poverty (e.g. xenophobia) – the main aim is to preserve own turf by making it clear to victims that they are to reconsider settling in a certain neighbourhood or face the consequences. Ethnic minority and immigrant groupings - may be targeted on the basis of their perceived difference from the mainstream, the group they belong to, for challenging accepted norms, or the threat they may pose with regard to competition for resources. In sexual orientation and gender identity related instances – the victim’s behaviour may have been perceived as a sexual advance and thus reaction to the perceived threat aim to discourage or punish. The perpetrator may be reacting in retaliation to the perception that his or her way of life is being threatened or intruded upon. An ideology or mission driven behaviour: – In some instance – perpetrators view their actions as “ridding the world of evil” or maintaining social norms by condemning same-sex sexuality or intimate interracial relationships. FACTORS CONTRIBUTING TO HATE CRIMES Social background factor: Perpetrators of hate crimes may have criminal and/or marginalised background Some have histories of antisocial behaviours Substance abuse also help fuel hate crimes Hate crime are carried out by otherwise law-abiding young people who see little wrong with their actions. Group dynamics: Group context can amplify aggressive reactions by diffusing the responsibility of individuals and inhibition to bring about a group mentality. Internationally, most hate crime offenders usually act alone, in pairs or in small group rather than as part of hate groups or organisations. Mitchelle and Nel (2017) found that in some cases – especially cases related to xenophobic violence – intolerance and violence spread like a disease; a form of social contagion of hatred (spontaneous spread of hatred through a group) during which large groups even whole communities (including children) participate in criminal acts and/or violence attacks. FACTORS CONTRIBUTING TO HATE CRIMES Psychological notion: Hate crime have their roots in normative individuals and societal attitude, moral beliefs and ideologies that may lead to intimidation bulling, assault, rape and even murder. Hate crimes are brought about by personal prejudice and aggressors who are blinded in terms of the wrongness of their actions by their judgements of ‘difference’ as threatening, and the perceived societal approval of engaging in violence or discrimination. Hate crimes are linked by perceptions of threat – threats can be linked to economic stability, access to social / state resources, people’ sense of safety in society, and/or values and social norms. IMPACT OF HATE CRIME- INDIVIDUAL IMPACT Subjectivity and personal experience are important in understanding the individual impact of bias-motivated victimization Victims of hate crimes have distinct needs and may suffer from:- Consistently higher levels of psychological distress (such as intrusive thoughts, feelings of helplessness, depression, stress, anxiety & anger) than victims of other crimes They are also at risk of developing a mental health problem, including post-traumatic stress disorder - which may interfere with work functioning or maintaining healthy relationship Recovery from emotional trauma brought about by bias motivated crimes may take up to five years after a single traumatic event – Aggravating factors include lack of family and community support, and inadequate psychosocial support. Victims who have access to appropriate support services and other resources soon after the incident have been found to heal more rapidly. Continued exposure to trauma and abuse without required intervention may have severe long –term negative psychological implications for victims of hate crimes IMPACT OF HATE CRIME- INDIVIDUAL IMPACT The effect of a hate crime on an individual can be quite drastic. Due to the fact that the crime is committed because of their identity (race, ethnicity, national origin, religion, sexual orientation, or disability), an individual may experience an array of additional emotional distress. A person who has experienced a hate crime may undergo: Deep personal hurt Feelings of powerlessness, vulnerability, anger and sadness Fear for personal and family’s safety Changes in lifestyle that include things such as reactions to strangers and where they walk (because they no longer feel free to be who they were). IMPACT OF HATE CRIME- SOCIETAL IMPACT Emotional and psychological impact of hate crime usually extends beyond the individual victim to other individuals from the target group. Feeling isolated, vulnerable, unprotected and intimidated Victims become unable to care for their loved one, they lost the ability to contribute meaningfully to their communities. The loss of security and trust, and corresponding increase in fear and anger is almost intense in communities that are frequent targets of hate crime. Victim’s large community too experience fear, distrust and renewed conflicts around previous areas of division in the community resulting in further polarization (act of division into two completely opposing groups) For example: A black scholar stabbed a white scholar with a knife, brought about community polarization and racial tension beyond the school even between black and white police SECONDARY VICTIMIZATION Negative attitudes and prejudice on the part of criminal justice officials and health service providers play a role in secondary victimization: For instance: Decision makers de-prioritizing hate victimization, and service providers neglecting, and sometimes openly discriminating against survivors of hate crimes Another example is when community members display more support for the accused during the trial than the victim As a result, victims of hate crimes avoid reporting.. Secondary victimisation may be a result of adherence to rules and regulations that are nor person centered.