Committee on the Elimination of Racial Discrimination

Information received from Luxembourg on follow-up to the concluding observations on its combined eighteenth to twentieth periodic reports *

[Date received: 5 May 2023]

I.Introduction

1.Luxembourg welcomes the opportunity to provide information on the implementation of priority recommendations contained in the United Nations Committee on the Elimination of Racial Discrimination Concluding observations on the combined eighteenth to twentieth periodic reports of Luxembourg (CERD/C/LUX/CO/18-20) adopted on 27 April 2022. This submission is structured around the three priority recommendations per paragraph 32, namely paragraph 8 on the constitutional prohibition of Discrimination, paragraph 18 (b) on efforts against online racist hate speech and 18 (c) on public awareness campaigns promoting respect for diversity and elimination of racial discrimination.

II.Follow-up recommendations

A.Follow-up information relating to paragraph 8 of the concluding observations CERD/C/LUX/FCO/18-20

2.The revised Constitution, which will enter into force on 1 July 2023, foresees in its article 15 that “No one may be discriminated against based on their personal situation or circumstances.” The legislator’s intent with this article was to enshrine the principle of non-discrimination in the Constitution. This article means “equal treatment of all persons without discrimination on the grounds of racial or ethnic origin, sex, sexual orientation, religion or belief, disability and age”. This article was drafted based on the European Union Anti-discrimination Directives and Protocol 12 to the European Convention on Human Rights.

B.Follow-up information relating to paragraph 18 (b) of the concluding observations

3.In 2021 Luxembourg adopted a law on electronic media, which explicitly forbids the incitement to violence or hatred in audiovisual media. Article 26 bis specifies that content provided by audiovisual media service providers shall not contain any incitement to violence or hatred directed against a group of persons or a member of a group on any of the grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union, which includes race, colour, and ethnicity. Furthermore, article 28 septies specifies that video-sharing platform providers shall respond appropriately to protect the public from programmes, user-created videos and commercial audiovisual communications that incite hate or violence based on the grounds referred to in Article 454 of the Luxembourg Criminal Code, which includes skin colour and real or assumed membership or non-membership to a particular ethnic group or race.

4.The BEE SECURE initiative, launched in 2010, is Luxembourg’s flagship initiative against online hate speech. The National Youth Service and the KJT helpline implement the initiative with the Luxembourg House of Cybersecurity, the Police and the Prosecutor General’s Office (Parquet général). BEE SECURE is a member of the International Association of Internet Hotlines (INHOPE) and the European network Safer Internet Centres (INSAFE). BEE SECURE hosts a “stop line” and a “helpline”. Users can report online hate speech on the “stop line” platform. Reported incidents are analysed and, if considered illegal, are forwarded to the police for further investigation and prosecution. The “helpline” provides advice and support over the phone on online safety and responsible use of information and communication technologies. In 2022, BEE SECURE launched the “No hate online” campaign against hate speech to reduce online hate speech. The campaign promotes mutual respect on the Internet and provides information about freedom of expression and its legal limits.

5.In 2016, in partnership with BEE SECURE, the Luxembourg Press Council launched the “Netiquette” initiative, comprising a “charter” of good online user behaviours. Luxembourg’s “Netiquette” charter of behaviours is available in five languages: Luxembourgish, French, German, English and Portuguese. Luxembourg media have incorporated the “netiquette” charter of behaviours into their online discussion forums. “Netiquette” considers unacceptable comments that are racist, discriminatory or incite violence. The “Netiquette” website is available and has an average of a thousand yearly visitors.

6.Since 2017, the non-profit organization “Centre against Radicalisation”, also known as Respect. lu, funded by the Ministry of Family Affairs, Integration and the Greater Region, provides the following services to stop online hate speech: (i) preventing and identifying radicalization trends; (ii) counselling and supporting persons in contact with radicalization; and (iii) individual and group support to de-radicalize perpetrators of hate speech. Since 2021, Respect. lu is providing training on conspiracy theories and fake news targeting secondary school students and individual and group support to de-radicalize perpetrators of hate speech via the initiative “Dialogue instead of Hate”.

C.Follow-up information relating to paragraph 18 (c) of the concluding observations

7.Luxembourg has the following initiatives to combat racism and racial discrimination, which include promising practices in the fields of (i) research, (ii) capacity-building, and (iii) awareness-raising, summarized below:

1.Research

“Racism and ethno-racial discrimination in Luxembourg”;

“Racism and discrimination in Luxembourg – listening to the victims”;

“An overview of training and initiatives in the field of interculturality in Luxembourg”.

2.Capacity-building

8.The following training initiatives focusing entirely or partially on combating racism and racial discrimination have been included in national training catalogues targeting municipal civil servants, teachers and education personnel, and the police force. Content of the training targeting teachers and education personnel, and the police force was developed in partnership with civil society organizations.

National Institute of Public Administration

Diversity and non-discrimination.

National Education Training Institute

How to create an inclusive and anti-racist library;

Anti-racism in schooling and education;

Everyday racism in schools: Recognize and prevent racist micro-aggressions and prejudice;

Do I have prejudices? And if so, how many? – Prejudice Reflection Exercise for Teachers;

Thinking, speaking and acting critically about racism.

Police

Intercultural education – police training (original title in French: “Education interculturelle”).

3.Awareness-raising

9.Below is a non-exhaustive list of awareness-raising measures to combat racism, racial discrimination and negative stereotypes. Civil society organizations implement most of these initiatives with public funding, including the Ministry of Family Affairs, Integration and the Greater Region, the Ministry of Justice, and the Grand Duchess Charlotte National Relief Work:

Series of conferences on racism and ethno-racial discrimination in Luxembourg;

Dialogue instead of Hate;

Visible;

Luxembourg’s colonial past;

Cliché – Society in migration;

Week against discrimination;

Peanut project;

A fleur de peau: being Afro-descendant in Luxembourg;

De Klang Keller: Living Music Living Culture Living Dialog in Luxembourg;

Building together a solid and inclusive society;

Sustainable Stereotypes of Luxembourg;

Ethno-racial stereotypes and stereotyping in the Health sector in Luxembourg.

Generate essential changes in the issue of racism in Luxembourg and improve the conditions for the integration of third-country nationals;

Everyone in the classroom;

Parliament public hearing on hate speech of 18 November 2021;

Esch-sur-Alzette, the country’s second-biggest city, joined the Coalition of European Cities against Racism in 2021.