A/HRC/55/47
39.
Counter-speech, or “speaking out” against advocacy of hatred based on religion or
belief is a valuable and necessary companion to regulation of expressions. Its value has been
recognized by the Human Rights Council in its resolutions 16/18 (para. 5 (e)) and 53/1
(para. 3) and in the Rabat Plan of Action.71 Countering expressions of hatred should not be
left to the targeted community alone. State officials, diplomats, public figures, including
parliamentarians, along with religious authorities and civil society organizations, have a vital
role to play in ensuring that advocates of hatred are met with a robust response, bolstering
assurance among religious or belief minorities that their standing as free and equal citizens
will be defended.72 In this regard, the Special Rapporteur is encouraged by civil society-led
initiatives to research, develop and disseminate counter-speech strategies among the public
and to encourage de-escalation, demystification and cordial dialogue as aspects of civic
responsibility.73 Civil society organizations have also developed important initiatives to offer
support to victims of digital hate speech, including feminist helplines.74 States are encouraged
to engage with and to support such initiatives.
40.
Speaking-out approaches are also limited, however, in that they respond primarily to
individual incidents and cannot, alone, address structural and cultural drivers of advocacy of
hatred or broader patterns of disadvantage. “Protection” from socially dominant groups
through counter-speech also can risk reinforcing the victim-status of target groups without
addressing the processes that foster such dominance.
41.
Both prohibitions and counter-speech approaches may arrive too late to address the
root causes of hatred towards particular groups, for example, hate speech and mobilization
that serves particular political, economic, social and other ends. Even in the International
Convention on the Elimination of All Forms of Racial Discrimination, which has a strong
provision calling for condemning all racist propaganda and organizations, as well as
undertaking “to adopt immediate and positive measures designed to eradicate all incitement
to, or acts of, such discrimination” (art. 4), such measures are to take due regard of other
human rights. Furthermore, any responses are to take due regard of a whole host of rights set
forth in article 5 of the Convention, including equal treatment before the law, freedom of
thought, conscience and religion and freedom of opinion and expression (arts. 4 and 5 (a) and
(d) (vii) and (viii)). The question remains, what can a transformative agenda that addresses
those attitudes and their reproduction look like and how can it complement and respond to
the limitations of both prohibitions and counter-speech?
42.
Addressing the root causes of hatred based on religion or belief requires looking
beyond individual instances of advocacy of hatred towards underlying processes that
reproduce such prejudicial attitudes. Those same processes limit the effectiveness of
prohibitions, especially through criminal justice, in that targeted religious or belief groups
may be absent, underrepresented or even targeted by those same criminal justice mechanisms.
Criminal law is a blunt instrument, and recourse to legal means could foster an unhelpful
escalation in tensions and conflict. Similarly, the systematic drivers of marginalization fortify
the underrepresentation of marginalized groups among influential political and other actors
upon whose authority approaches based on counter-speech rely.
B.
Transformative approaches: addressing root causes
43.
Transformative approaches seek to address structural disadvantages, requiring
different priorities in different contexts. However, a non-exhaustive exploration of various
important dimensions, drawing on those enumerated in resolution Human Rights Council
71
72
73
74
12
A/HRC/22/17/Add.4, appendix, para. 36; see also A/HRC/40/58, annex I, paras. 20–22, and annex II,
commitments VI and VII.
Submissions by Sweden and the World Evangelical Alliance.
See submission by the International Dialogue Centre – KAICIID; see also I Am Here International
(https://iamhereinternational.com) and the Dangerous Speech Project
(https://linktr.ee/dangerousspeech).
See, for example, the resource hub on feminist helplines developed by Digital Defenders Partnership
(https://www.digitaldefenders.org/feministhelplines).
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