A/HRC/25/58
since it may help to promote a climate of experience-based common sense in public life.
Moreover, it is imperative that members of minorities, including religious or belief
minorities, have access to fair opportunities to articulate their own experiences, interests
and perspectives in the public domain through the existence of community media, as well
as through effective participation in media that caters for more mainstream audiences
(including new digital and online media).
D.
Responding to advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence
1.
The genesis of the Rabat Plan of Action
54.
Sentiments expressing hatred can escalate into real acts of discrimination, hostility
or violence. This often happens as a result of deliberate incitement to such acts. The
question of how States and other stakeholders should prevent, or react to, incidents
motivated by hatred has attracted the increased attention of the international community. It
seems obvious that States have to tackle this problem by developing effective preventive
and coping strategies. In extreme situations this may also include restrictive measures, such
as prohibiting certain speech acts. However, when resorting to prohibitions and other
restrictive measures, States should always make sure that this does not have a chilling effect
on people’s willingness to communicate freely and frankly, including on controversial
religious issues. Any limitations to freedom of expression or other human rights deemed
necessary in this respect must comply with all the criteria laid down in respective
international human rights standards.
55.
In order to find appropriate solutions, OHCHR conducted a series of regional expert
workshops, with broad participation of representatives from Governments, civil society,
academia, United Nations treaty bodies and special procedures.16 A wrap-up expert
workshop was convened in Rabat in October 2012 and led to the elaboration of the Rabat
Plan of Action on the prohibition of advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence.17 OHCHR launched the Rabat
Plan of Action publicly in Geneva in February 2013.
56.
The title of the Rabat Plan of Action includes a quote from article 20 of the
International Covenant on Civil and Political Rights, which in its second paragraph
provides: “Any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence shall be prohibited by law.” It cannot be emphasized
enough that this provision does not demand a prohibition of sharp or even hostile speech in
general; instead it concentrates on such forms of hatred advocacy that constitute
“incitement” to real acts of discrimination, hostility or violence. One of the main purposes
of the Rabat Plan of Action is to raise awareness and understanding of article 20, paragraph
16
17
The expert workshops took place in Vienna, Nairobi, Bangkok and Santiago in 2011. Participants
included representatives from Governments, representatives from intergovernmental organizations,
civil society organizations (in particular the organization Article 19: Global Campaign for Free
Expression), academics of different disciplines, experts working within OHCHR, members of the
Human Rights Committee and the Committee on the Elimination of Racial Discrimination, and the
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression, the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance and the Special Rapporteur on freedom of religion or belief. All
written contributions and meeting reports are available online from
www.ohchr.org/EN/Issues/FreedomOpinion/Articles19-20/Pages/ExpertsPapers.aspx.
See A/HRC/22/17/Add.4, annex, appendix.
15