A/HRC/11/36
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B. Outcome document of the Durban Review Conference
5.
The Special Rapporteur notes that, eight years since the Durban Conference, there remains
an unprecedented level of disinformation and misinformation concerning the contents of the
Durban Declaration and Programme of Action. In this regard, the Special Rapporteur believes
that specific awareness-raising activities regarding the content of both the Durban Declaration
and Programme of Action and the outcome document of the Durban Review Conference should
be undertaken in order to ensure that public information concerning the objectives of these
landmark texts are widely disseminated, particularly among the media. In this regard, the Special
Rapporteur also recalls that the outcome document called on the United Nations system, in
particular the Department of Public Information, to undertake effective media campaigns to
enhance the visibility of the message of the Durban Declaration and Programme of Action and
its follow-up mechanisms (para. 143).
6.
The outcome document of the Durban Review Conference also contains a number of
provisions that will directly and specifically guide the work of international mechanisms and the
Office of the United Nations High Commissioner for Human Rights (OHCHR) in the fight
against racism. The Special Rapporteur makes particular reference to the recommendation that
examples of best practices be compiled and duly publicized by OHCHR (para. 50) as a means to
inform policymaking around the world. Creating the institutional framework for the adequate
promotion and sharing of best practices in the fight against racism will help the international
community draw on positive lessons that can be transferred to other contexts, which is indeed
one of the important roles the United Nations system can play in this process.
C. Freedom of expression and the fight against racism
7.
The issue of freedom of expression and the fight against racism has been one of the key
questions during negotiations on the outcome document of the Durban Review Conference. The
Special Rapporteur believes that the text agreed upon at the Review Conference represents a
landmark in the way the United Nations human rights system will approach this question in the
years to come. In this regard, he commends all Member States involved in the negotiations for
ably finding such common ground, which will facilitate the implementation of these
commitments in the future.
8.
The Special Rapporteur welcomes the fact that the outcome document unambiguously
recognizes the positive role that freedom of opinion and expression can play in combating
racism, racial discrimination, xenophobia and related intolerance (para. 54) and that it constitutes
one of the essential foundations of a democratic and pluralistic society (para. 58).
9.
At the same time, the outcome document also expresses concern over the rise in recent
years of acts of incitement to hatred, which have targeted and severely affected racial and
religious communities and persons belonging to racial and religious minorities. In this regard, the
Special Rapporteur recalls that the outcome document resolved to, as stipulated in article 20 of
the International Covenant on Civil and Political Rights, fully and effectively prohibit any
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence. In addition, the outcome document also makes reference to article 4 of the
International Convention on the Elimination of All Forms of Racial Discrimination and general
recommendation No. 14 of the Committee on the Elimination of Racial Discrimination, by