A/HRC/59/63 group of persons of another colour or ethnic origin. The Committee on the Elimination of Racial Discrimination has issued guidance on legislation to combat racist speech, 7 emphasizing the importance of context when determining whether such racist expression should be legally punishable. Relevant factors include: the content and form of the speech; the economic, social and political climate; the speaker’s position or status; the reach of the message; and the objectives of the speech. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence elaborates on States’ obligations under article 2 (1) of the Covenant, distinguishing between their duty to refrain from discrimination and their positive duty to enact protective measures. The Human Rights Committee, in its general comment No. 18 (1989), also affirms that achieving equality and non-discrimination requires positive action by States. 100. Racist incitement may be expressed explicitly or implicitly through indirect language or coded language. In its general recommendation No. 35 (2013), the Committee on the Elimination of Racial Discrimination advised that criminal penalties should apply only to serious cases, proven beyond reasonable doubt, and must respect the principles of legality, proportionality and necessity. Less severe cases should be addressed through non-criminal measures. 101. Racist or intolerant speech should not be used as a pretext for illegitimately restricting the right to freedom of expression to the detriment of marginalized ethnic or racial groups, such as in expressions of protest at injustice, social discontent or opposition. At the same time, invoking freedom of expression or association must not serve as a tool or cover for violating the right of others to equality and non-discrimination. The Committee on the Elimination of Racial Discrimination has emphasized that while article 4 is central to addressing racist speech, other provisions of the Convention are also vital in combating racist speech. Article 4 specifically references article 5, which affirms the right to equality before the law and the right to be free from racial discrimination in the enjoyment of rights, including freedom of expression. 102. The obligation to fulfil requires States to actively work toward eliminating discrimination in practice and ensuring the effective enjoyment of the rights to equality and non-discrimination. This includes addressing both intentional and unintentional (or de facto) racial discrimination. Article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination and article 2 of the International Covenant on Civil and Political Rights emphasize that access to effective protection from and remedies for racial discrimination are as essential as legal prohibitions. Protecting Minority Rights: A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation reaffirms that fulfilling international obligations goes beyond merely defining and banning discrimination. States must also adopt positive measures to advance equality, especially for those subject to historical disadvantage or systemic exclusion. Promoting tolerance requires education and awareness. Article 26 (2) of the Universal Declaration of Human Rights states that education shall promote understanding, tolerance and friendship among all nations and racial or religious groups. Similarly, article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination requires States to take immediate and effective measures, particularly through teaching, education, culture and information, to combat prejudice and promote understanding, tolerance and friendship among nations and racial or ethnic groups. 103. The Durban Declaration and Programme of Action emphasizes the vital role of education in transforming attitudes and behaviours rooted in racism, racial discrimination, xenophobia and related intolerance. Education is also essential for fostering tolerance, respect for diversity in societies, and friendship among all nations and racial or religious groups. Paragraph 97 of the Declaration specifically underscores the importance of human rights education, especially for children and young people, in preventing and eliminating all forms of intolerance and discrimination. 104. The Special Rapporteur also highlights the United Nations Action Plan to Enhance Monitoring and Response to Antisemitism, which was launched in January 2025. The Action 7 16 See the Committee’s general recommendation No. 35 (2013). GE.25-07709