A/55/304
for selling Nazi objects on its French site may set a
legal precedent. On 11 April 2000, the International
League against Racism and Anti-Semitism, the Union
des étudiants juifs de France (French Jewish Students’
Union) and the Movement against Racism and for
Friendship among Peoples (MRAP) sued Yahoo! in an
attempt to have its auction site, which offers for sale
over 12,000 Nazi objects (including swastikas, Nazi
tracts, Schutzstaffel (SS) insignia and uniforms) barred
to French Internet users. Yahoo! representatives argued
that the site has its headquarters in the United States,
where such operations are perfectly legal, and that the
French courts therefore have no jurisdiction over it.
The French judge rejected this argument on the
grounds that the Yahoo!.fr site is linked to the
Yahoo!.com site in the United States and ordered
Yahoo! to block access from France to Nazi apologist
or negationist Web pages. Yahoo! will have to inform
the judge what technology it plans to use to implement
that ruling. The court will issue a final verdict on 6
November 2000, thereby ruling on the delicate issue of
how to compel a technology provider (access provider
or host), especially one domiciled in the United States
of America, to put in place the technology to block
access to one of its sites when the content of that site
infringes French law.
35. In Germany, a Berlin court on 8 August 2000
sentenced
a
former
member
of
the
Nationaldemokratischer Parti Deutschland (NPD), a
negationist and openly Hitlerite movement (with a
membership of some 6,000), to two years in prison
without parole for incitement to racial hatred and
preparation of a bombing attempt. The accused
admitted to having made a lethal weapon using the
instructions found on an Internet web site. According
to an article in Le Figaro on 9 August 2000, the
Minister of Justice, Herta Daübber-Gmelin, announced
that she would take steps to prevent Internet sites from
using neo-Nazi elements in their addresses, after a site
had been able to use “Heil Hitler” as part of its address
with complete impunity.
36. Switzerland has decided to mount a campaign
against racist propaganda on the Internet by making
Internet service providers criminally liable (an
approach quite different from that generally taken so
far in Europe) and by seeking to convince more
permissive States to restrict access to racist sites to
their national territories (as reported in Le Temps on
18 February 2000).
IV. Measures taken by Governments
A. France
37. After taking steps to regularize the status of and
gradually integrate undocumented persons, the French
Government, on the basis of the annual report of the
National Consultative Commission on Human Rights,
instituted a plan to combat racial discrimination by
holding public hearings in March 1999 on ways to
better combat the racism and xenophobia now
undeniably manifest in France (in the areas of
employment, training, housing, recreation and public
administration):
(a) A study group on discrimination was
created in April 1999 to observe and analyse
manifestations of discrimination in all areas of society,
particularly employment, recreation and housing, and
in public administration or education. The study group
is composed of representatives of government offices,
employers’ associations, trade unions and anti-racist
and human rights organizations. Its task is to explain
how racism operates and to present action proposals to
the Government. It has already submitted to the
Government its first report on jobs closed to
foreigners;
(b) A commission on access to citizenship was
set up in January 1999 in each prefecture. Aside from
uncovering acts of racial discrimination, the main
purpose of these commissions is to help children of
immigrants find a job and a place in society and to
eliminate the discrimination which they suffer in
hiring, housing and recreation. The commission in each
department brings together, under the prefect’s
auspices, representatives of government offices, public
services, elected officials, unions, associations and
low-cost housing (HLM) agencies;
(c) Efforts to combat ordinary, everyday racial
discrimination, which has now become commonplace,
have been reinforced by the introduction of a free
telephone number, “green number 114 against
discrimination” in service since 16 May 2000, under
the auspices of the study group on discrimination. The
initiative has been highly successful and revealing of
the extent of ordinary discrimination (nearly 2,000
calls are received per day, as reported in Le Monde on
10 August 2000, p. 5).
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