A/HRC/44/58
participating States reaffirmed, in paragraph 94 of the Declaration, that the stigmatization
of people of different origins by acts or omissions of public authorities, institutions, the
media, political parties or national or local organizations was not only an act of racial
discrimination but could also incite the recurrence of such acts, thereby resulting in the
creation of a vicious circle that reinforced racist attitudes and prejudices and required
universal condemnation.
56.
The Rabat Plan of Action on the prohibition of advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence also
contains a high threshold for restrictions on freedom of expression.43 It outlines a six-part
threshold test in keeping with the approach of the Committee on the Elimination of Racial
Discrimination, taking into account the following factors: context; speaker; intent; content
and form; extent of the speech act; and likelihood, including imminence. The consultative
process undertaken in the context of creating the Plan of Action was aimed at enhancing
understanding of the relationship between freedom of expression and incitement to hatred.
In paragraph 11 of the Plan of Action, concern was expressed that perpetrators of incidents
that were in violation of article 20 of the International Covenant on Civil and Political
Rights were often not punished and, at the same time, that de facto persecution persisted,
through the abuse of vague domestic legislation, jurisprudence and policies. It was also
found that anti-incitement laws in countries worldwide were at times excessively narrow or
vague. It was recommended in paragraph 21 of the Plan of Action that domestic legal
frameworks on incitement to hatred expressly refer to article 20 (2) of the Covenant and
include robust definitions of key terms such as “hatred”, “discrimination”, “violence” and
“hostility” as defined in the Camden Principles on Freedom of Expression and Equality.44
57.
With respect to remedial measures for victims of antisemitic hate crimes and hate
speech, 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
require States parties to ensure that everyone within their jurisdiction has access to effective
protection and remedies through competent tribunals and other State institutions. As
mentioned above, article 6 of the Convention further states that victims of racial
discrimination must also have the right to seek adequate reparation or satisfaction for any
discrimination they experience.
58.
Finally, the Special Rapporteur notes that international human rights law
underscores the role of education in promoting tolerance. Article 26 (2) of the Universal
Declaration of Human Rights stipulates that education is to promote understanding,
tolerance and friendship among all nations, racial or religious groups. Article 7 of the
International Convention on the Elimination of All Forms of Racial Discrimination requires
States parties to adopt immediate and effective measures, particularly in the fields of
teaching, education, culture and information, with a view to combating prejudices which
lead to racial discrimination and to promoting understanding, tolerance and friendship
among nations and racial or ethnic groups. Paragraph 95 of the Durban Declaration
recognizes that education is a key to changing attitudes and behaviour based on racism,
racial discrimination, xenophobia and related intolerance and to promoting tolerance and
respect for diversity in societies and friendship among all nations and racial or religious
groups. Paragraph 97 of the Declaration spells out the importance of human rights
education, especially among children and young people, in the prevention and eradication
of all forms of intolerance and discrimination.
43
44
14
For details about the Rabat Plan of Action and its consultation process, see www.ohchr.org/EN/
Issues/FreedomOpinion/Articles19-20/Pages/Index.aspx.
Article 19: International Centre against Censorship, “Camden Principles on Freedom of Expression
and Equality” (2009). Available at www.article19.org/resources/camden-principles-freedomexpression-equality/. See also E/CN.4/1996/39, annex, and A/67/357, paras. 39–45.