She concluded that the potential of the Forum is fully realized thanks to the work of civil
society organizations and human rights defenders around the world actively engaged in the
promotion and protection of the rights of minorities, and often at risk of their own lives and
that of their families. The Ambassador stressed that the Council does not tolerate any act of
intimidation, harassment or reprisal against all those individuals who cooperate with the United
Nations, its representatives and mechanisms; and that as President of the Human Rights
Council, she’d remain vigilant regarding any such allegations.
The High Commissioner for Human Rights, Dr. Michelle Bachelet, highlighted that
minorities have been disproportionately targeted with incitement to discrimination, hostility
and violence. She also referred to the statement of the Secretary-General denouncing “a
tsunami of hate and xenophobia, scapegoating and scare-mongering” unleashed amid COVID19. However, she noted that hate speech was not born with the pandemic.
The High Commissioner mentioned the UN system wide Strategy and Plan of Action on
Hate Speech and enumerated the four key principles of this Plan: the importance of freedom of
opinion and expression; the responsibility of all to tackle hate speech; the need of a new
generation of digital citizens; and the need of data.
The High Commissioner noted the complex challenge we face, on the one hand, evident
cases of incitement to violence do not get prosecuted; and on the other, hate speech
allegations can also be abused as an excuse to persecute anyone daring to criticize the
authorities. The critical questions become: how can States manage their obligations to both
uphold fundamental freedoms and democratic space yet, at the same time, address hate
speech? And, at which point does free speech become hate speech and, if required, what
should the legal or judicial response be?
She referred to the Rabat Plan of Action, and its six criteria to assess statements:
context, speaker, intent, content, extent of the speech, and likelihood of harm. She reminded
the criteria required for any restriction: legality, legitimacy, necessity and proportionality. She
reminded the importance of the UN Guiding Principles on Business and Human Rights for social
media companies, in particular regarding their responsibility to prevent, mitigate and remedy
human rights violations. She also emphasised the recommendations set up on the UN Guidance
Note on Addressing and Countering COVID-19 related Hate Speech.
The High Commissioner reaffirmed that tackling hate speech is the responsibility of all,
including States, the private sector -including internet companies and social media platforms-,
political and religious leaders and civil society. She stressed the need to consult minorities and
civil society in the shaping of laws, policies or programmes; and to ensure their participation.
Finally, the High Commissioner reaffirmed the commitment of OHCHR to continue
working to address all forms of hate speech, including through social media, while protecting
freedom of speech. She pointed out that the Office was developing a guide for legislators on
comprehensive anti-discrimination law and protection of minorities.
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