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
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7
10
Programme of Action (A/CONF.189/12 and Corr.1, chap. I), paras. 140-147.
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