A/66/313
interdependence more obvious than in the discussion on freedom of expression and
incitement to national, racial or religious hatred. He strongly emphasized that
freedom of expression and the demands of a pluralist, tolerant, broad-minded and
democratic society needed to be taken into consideration in all cases being
examined. Freedom of expression had to be understood in a positive sense as one of
the essential foundations of a democratic and pluralistic society. It had to be
guaranteed equally for all as a way to combat racism and discrimination. With the
exercise of that freedom, an atmosphere of respect and understanding between
peoples, cultures and religions had to be generated.
18. The Special Rapporteur further recalled that the OHCHR expert seminar on
articles 19 and 20 of the Covenant, held in Geneva in October 2008, identified some
objective criteria to prevent arbitrary application of national legal standards
pertaining to incitement to racial or religious hatred: the public intent of inciting
discrimination, hostility or violence must be present for hate speech to be penalized;
any limitations on freedom of expression should be clearly and narrowly defined,
provided by law, necessary and proportionate to the objective they propound to
achieve, i.e., prohibiting hate speech; limitations should not threaten the exercise of
the right itself; the least intrusive means insofar as freedom of expression is
concerned should be used to prevent a chilling effect; and the adjudication of such
limitations should be made by an independent and impartial judiciary. The Special
Rapporteur also referred to the Camden Principles on Freedom of Expression and
Equality, 5 which provide useful guidance for the interpretation of international law
and standards, inter alia, with regard to incitement to hatred. In that regard, he
reiterated Principle 12, which clarifies that “the terms ‘hatred’ and ‘hostility’ refer to
intense and irrational emotions of opprobrium, enmity and detestation towards the
target group”, that “the term ‘advocacy’ is to be understood as requiring an intention
to promote hatred publicly towards the target group” and that “the term ‘incitement’
refers to statements about national, racial or religious groups which create an
imminent risk of discrimination, hostility or violence against persons belonging to
those groups”.
19. In the joint written submissions, the Special Rapporteur also noted the positive
development of the adoption, on 24 March 2011, by the Human Rights Council,
without a vote, of resolution 16/18, entitled “Combating intolerance, negative
stereotyping and stigmatization of, and discrimination, incitement to violence, and
violence against, persons based on religion or belief”. He expressed his appreciation
that the Human Rights Council had, after years of debate, ultimately found a way to
unanimously address those worrying phenomena without referring to concepts or
notions that would undermine international human rights law. In that context, the
Special Rapporteur emphasized the principle that individuals rather than religions
per se were the rights-holders.
3.
Extremist political parties, movements and groups, including neo-Nazis and
skinhead groups, and similar extremist ideological movements
20. With regard to the issue of extremist political parties, movements and groups,
including neo-Nazi and skinhead groups, and similar extremist ideological
__________________
5
11-45818
http://www.article19.org/data/files/pdfs/standards/the-camden-principles-on-freedom-ofexpression-and-equality.pdf.
7