A/67/326 the International Covenant on Civil and Political Rights and in article 4 of the International Convention on the Elimination of All Forms of Discrimination, is ultimately a decision that is best made after a thorough assessment of the individual circumstances of each case. The decision should always be guided by well-defined criteria, in accordance with international standards, and should be made by an independent and impartial court or tribunal, taking into account the local conditions, history, culture and political context (see A/HRC/18/44, para. 30). IV. Legal and policy frameworks and measures taken at the national, regional and international levels 29. The unprecedented rapid development of new communication and information technologies, including the Internet, has enabled wider dissemination of racist and xenophobic content that incites racial hatred and violence. In response to that problem, States and international and regional organizations have undertaken a variety of legal and policy initiatives. Civil society and the private sector have also contributed to addressing this phenomenon through various measures and initiatives. The Special Rapporteur is of the view that to make actions fully effective, a comprehensive and cohesive approach should be developed through dialogue and consultation among relevant actors and stakeholders, with a view to enhancing synergies of strategies and actions. A. International frameworks and initiatives 30. With regard to international efforts to combat the use of the Internet to propagate racism, racial hatred, xenophobia, racial discrimination and related intolerance, the Durban Declaration and Programme of Action highlight several important areas of action identified by the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. 7 Furthermore, article 4 (a) of the International Convention on the Elimination of All Forms of Racial Discrimination provides that States parties shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, as well as incitement to racial discrimination; and article 4 (b) provides that States parties shall declare illegal and prohibit organized and all other propaganda activities which promote and incite racial discrimination. 31. A number of United Nations human rights mechanisms have addressed the issue of the use of the Internet to propagate racism, racial hatred, xenophobia, racial discrimination and related intolerance. The Committee on the Elimination of Racial Discrimination, in its general recommendation XXIX, adopted in 2002, on descentbased discrimination, recommended that States take strict measures against any incitement to discrimination or violence against descent-based communities, including through the Internet. Further, in its general recommendation XXX on discrimination against non-citizens, the Committee recommended taking resolute action to counter any tendency to target, stigmatize, stereotype or profile, on the basis of race, colour, descent, and national or ethnic origin, members of “non-citizen” population groups, especially by politicians, officials, educators and __________________ 7 10 Programme of Action (A/CONF.189/12 and Corr.1, chap. I), paras. 140-147. 12-46982

Select target paragraph3