A/73/362
advocacy of hatred. However, most of the other meetings held under the auspices of
the Istanbul Process focused more on normative contestation and politicization and
externalization of concerns, rather than a practitioner-focused, introspective
engagement across a wide range of stakeholders.
61. Amid rising intolerance and concerns about the negative impacts of some
activities to prevent and counter violent extremism, the Special Rapporteur
recommends that States revitalize the Istanbul Process at a practitioner level, aimed
at learning from best practices and fostering introspection and collaboration on
capacity-building. The added value of the Istanbul Process is its usefulness as a guide
for States to promote religious pluralism while mitigating some of the negative side
effects of policies to prevent and counter violent extremism and fostering long -term
cohesion.
B.
Rabat Plan of Action
62. Another related and important soft law standard is the Rabat Plan of Action on
the prohibition of advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence (see A/HRC/22/17/Add.4, appendix),
which was adopted by experts at a meeting in Rabat in October 2012. The Special
Rapporteur and his predecessor have outlined the importance of the Rabat Plan of
Action in addressing advocacy of religious hatred that constitutes incitement to
violence, discrimination and hostility (see A/HRC/25/58, A/HRC/28/66, A/HRC/31/18,
A/HRC/34/50 and A/72/365). It provides practical guidance through a six-part test that
takes into account the context of the statement, the speaker’s position and intent, the
content and extent of the speech and the likelihood that the speech would incite action
against the target group (see A/HRC/22/17/Add.4, appendix, para. 29). This test is
being used by the national authorities for audiovisual communication in Côte d ’Ivoire,
Morocco and Tunisia (see A/HRC/37/3, para. 69), and the European Court of Human
Rights also referred to the Rabat Plan of Action in a recent judgment. 29
63. In a thematic resolution, the Human Rights Council called for the international
community’s effective implementation of resolution 16/18, the Istanbul Process and
the Rabat Plan of Action “in order to contribute to a more conducive environment to
countering hate speech and violence” (see Human Rights Council resolution 34/8).
Similarly, in a country-specific resolution, the Human Rights Council encouraged the
Government of Myanmar to increase further efforts to promote tolerance and peaceful
coexistence in all sectors of society in accordance with Council resolution 16/18 and
the Rabat Plan of Action (see resolution 34/22). In his July 2018 update on the
situation of human rights of Rohingya people, the High Commissioner for Human
Rights referred to resolution 16/18 and the Rabat Plan of Action, as well as to the
Beirut Declaration on Faith for Rights and its 18 commitments (see below), in order
to address advocacy of hatred that incites violence, discriminat ion or hostility,
particularly when it is conducted in the name of religion or belief. 30 This illustrates
the complementarity and practical usefulness of these soft law standards.
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29
30
18-14697
European Court of Human Rights, Case of Mariya Alekhina and Others v. Russia, paras. 110,
187, 190–191 and 223. See also the separate opinion of Judge Elósegui, para. 14.
See A/HRC/38/CRP.2, para. 4. Available at www.ohchr.org/EN/HRBodies/HRC/RegularSessions/
Session38/Pages/ListReports.aspx.
17/22