In this page:

• Why was the practice needed?
• How was it implemented?
• Outputs
• Key success factors
• Technical information
• Contacts

Why was the practice needed?

The Institutional Cooperation Agreement is an initiative to coordinate actions among all relevant national ministries and public institutions working on combating racism, xenophobia, LGBTIphobia and other forms of intolerance.

The institutions that have signed the agreement are: General Council of the Judiciary; General State Prosecutor; Ministry of Justice; Ministry of the Interior; Ministry of Education and Vocational Training; Ministry of Labour, Migration and Social Security; Ministry of the Presidence, Relations with the Parliament and Equality; Ministry of Culture and Sport; and Centre of Legal Studies.

One of the key challenges that the agreement aims to address is the need to improve recording and data collection on hate crime. This includes compiling judicial rulings on hate crime cases and particularly the application of the aggravating circumstance of bias motivation, as set out in article 22.4 of the Spanish Criminal Code.

This provision is applicable to any crime committed for racist or antisemitic reasons or another kind of discrimination concerning ideology, religion or beliefs of the victim, ethnicity, race or nation of belonging, sex, sexual orientation or gender identity, gender, illness or disability.

In addition, the agreement foresees actions to improve the investigation and prosecution of hate crime and hate speech cases. It also covers training activities for law enforcement, judicial authorities and prosecutors.

Legal protection and support for victims of hate crime, as well as reparation of the harm suffered, is a further area of attention. These are different, but closely interlinked aspects of combating hate crime which need to be coordinated as facilitated by this agreement.

How was it implemented?

This agreement has been operating since 2015. It was renewed in 2018 until 2022 by all signatory institutions. The agreement is implemented through plenary meetings and ad hoc working groups. There are currently ad hoc working groups on Data collection of hate crime, Special Training Statistics and on the Analysis and follow-up of judicial decisions in this field.

In addition to the institutions who have signed the agreement, the meetings are attended, as observers, by the Spanish equality body, the Council for the Elimination of Racial and Ethnic Discrimination; by consultative bodies such as the Forum for the Social Integration of Immigrants and the Council of Roma People. Civil society organisations such as the Federation of Lesbians, Gays, Transsexuals and Bisexuals (FLGTB), the Platform of the Third Sector and the Council of Victims of Hate Crime (COVIDOD) also attend.

Outputs

• The Ministry of the Interior publishes an Annual report on the evolution of hate crime in Spain.
• The working groups produce internal documents such as a report on the analysis of cases and judicial decisions in the field of racism, racial discrimination, xenophobia and other forms of intolerance and a report on the analysis of the conceptual context of hate crime.

Key success factors

• The cooperation ofall public institutions involved with the recording and collection of data on hate crime.
• The participation as observers of key stakeholders such as equality bodies and specialized civil society organisations.
• Specialist training of officials in the identification and recording of hate crime as prioritised by the cooperation agreement.

Technical information

• Data sources covered: Administrative data; Complaints data; .
• Areas of life covered: Hate crime; Others:Hate-related administrative offenses, in particular in the area of sports.
• Target audience: Ministries and public bodies working on combating racism, xenophobia, LGBTIphobia and other forms of intolerance as well as civil society organisations working with victims of hate crimes
• Duration: 2015 – present
• Geographical scope: National
• Leading institution: All signing institutions and public authorities (see Why was the practice needed?)
• Other organisations involved/consulted: Civil society organisations working with victims of hate crime, racism, xenophobia, LGBTIphobia and other forms of intolerance.
• Financial & human resources: No information provided

Contacts

Directorate General for Equal Treatment & Diversity (Ministry of the Presidence, Relations with the Parliament and Equality)/ Dirección General de Igualdad de Trato y Diversidad (Ministerio de la Presidencia, Relaciones con el Parlamento e Igualdad)

Email: sgigualdadtrato (at) igualdad (dot) mpr (dot) es

Spanish Observatory for Racism and Xenophobia (Ministry of Labour, Migration and Social Security)/ (Observatorio Español del Racismo y la Xenofobia, Ministerio de Trabajo, Migraciones y Seguridad Social)

Email: oberaxe (at) mitramiss (dot) es