A/HRC/41/55
transparent and accountable governance (para. 85). Furthermore, they reaffirmed, in
paragraph 94 of the Declaration, that the stigmatization of people of different origins by
acts or omissions of public authorities, institutions, the media, political parties or national
or local organizations was not only an act of racial discrimination but could also incite the
recurrence of such acts, thereby resulting in the creation of a vicious circle which reinforced
racist attitudes and prejudices, which must also be condemned.
42.
The Rabat Plan of Action on the prohibition of advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence also
contains a high threshold for restrictions on freedom of expression. 69 It outlines a six-part
threshold test in keeping with the approach of the Committee on the Elimination of Racial
Discrimination, taking into account the following factors: context; speaker; intent; content
and form; extent of the speech act; and likelihood, including imminence. The consultative
process undertaken in the context of creating the Plan of Action was aimed at enhancing
understanding of the relationship between freedom of expression and incitement to hatred.
In the Plan of Action (para. 11), concern was expressed that perpetrators of incidents that
were in violation of article 20 of the International Covenant on Civil and Political Rights
were often not punished and, at the same time, that de facto persecution persisted, through
the abuse of vague domestic legislation, jurisprudence and policies. It was also found that
anti-incitement laws in countries worldwide were at times excessively narrow or vague. It
was recommended in the Plan of Action (para. 21) that domestic legal frameworks on
incitement to hatred expressly refer to article 20 (2) of the Covenant and include robust
definitions of key terms such as “hatred”, “discrimination”, “violence” and “hostility” as
defined in the Camden principles on freedom of expression and equality. 70
VI. Recommendations
43.
With regard to recruitment and radicalization efforts by neo-Nazi and hate
groups, the Special Rapporteur urges Member States to adopt legal and policy
measures, as well as programmes, designed and implemented with civil society actors,
to target and combat all forms of violent extremism glorifying expressions of Nazism,
neo-Nazism and related racial supremacist ideologies. Such action should be taken in
accordance with the international human rights obligations and principles recalled
above.
44.
With respect to racist hate speech, including from neo-Nazi or other hate
groups, the Special Rapporteur reiterates that Member States should implement the
concrete recommendations that other United Nations bodies, especially the Committee
on the Elimination of Racial Discrimination, have made pertaining to combating
racist and xenophobic expression. In this regard, she would like to reiterate the
recommendations made in her reports on nationalist populism and on glorification of
Nazism online,71 especially those recommendations addressed to Member States and
technology companies.
45.
With respect to the practices of neo-Nazi and related recruitment – especially of
young people – for the purposes of promoting and inciting racial discrimination,
States should declare such practices unlawful and punishable by law.
46.
With regard to increasing the resilience of children and young people against
recruitment and radicalization efforts by neo-Nazi and hate groups, the Special
Rapporteur calls on Member States to ensure the engagement of young people and
empowerment in all aspects of their lives. Participation in public forums and activities
promoting human rights, democracy and dialogue, as well as access to social services,
69
70
71
For details of and documentation on the consultation process regarding the Plan of Action, see
www.ohchr.org/EN/Issues/FreedomOpinion/Articles19-20/Pages/Index.aspx.
Article 19, “The Camden principles on freedom of expression and equality” (2009). Available at
www.article19.org/resources/camden-principles-freedom-expression-equality/. See also
E/CN.4/1996/39, annex, and A/67/357, paras. 39–45.
A/73/305 and Corr.1 and A/73/312.
11