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including the media and the Internet. In the countries in which it is most common, it
should be treated as an incitement to hatred which is punishable by law.
37. In some countries, Muslims and people who are or are assumed to be of Arab
origin are victims of both open and disguised hostility in daily life. Mosques have
been set on fire and Muslim cemeteries desecrated. There have been reports of daily
attacks on Muslim women wearing the veil and on bearded Muslim men. People
with Muslim- or Arab-sounding names often suffer discrimination when looking for
jobs or accommodation. The Special Rapporteur has also heard allegations of
Muslim and/or Arab travellers suffering discrimination when applying for visas or
when entering or residing in a number of countries. The Special Rapporteur’s report
underlines the particularly serious nature of political validation through
pronouncements by politicians and in publications by intellectuals. The report to the
Commission on Human Rights will provide facts which will help to judge how
widespread this phenomenon is throughout the world.
IV. Action taken or planned by Governments, judicial
authorities or other bodies
A.
Measures to combat racist propaganda and incitement to
racial hatred
38. Australia and South Africa have taken significant decisions aimed at banning
the dissemination of racist language and incitement to racial hatred. In September
2002, at the request of the Executive Council of Australian Jewry and the Australian
Human Rights and Equal Opportunity Commission, Australia’s Federal Court
ordered the Adelaide Institute to remove from its web site all denials of the Jewish
holocaust. The Adelaide Institute is headed by the revisionist Frederick Toben. The
decision shows that dissemination of racism by the Internet can be fought
legitimately without harming freedom of opinion and expression.
39. The South African Human Rights Commission adopted a decision on 18 July
2003 which deemed the slogan “Kill the Boer, Kill the Farmer”, chanted by African
National Congress activists at the funeral last year of a leader of the anti-apartheid
movement, not to be protected by the freedom-of-expression provisions of the
Constitution. In a reversal of its previous position, the Commission took the view
that the right to freedom of expression did not rank above other human rights,
including the right to human dignity, and that the call to murder a group of
individuals should be considered a potentially harmful incitement to hatred. That
decision provides food for thought to the proponents of an inviolable right to
freedom of expression.
B.
Measures for Sinti/Roma/travellers
40. The Special Rapporteur welcomes the World Bank’s support for the efforts of a
number of Governments in Central and Eastern Europe (Albania, Bulgaria, Croatia,
the Czech Republic, Hungary, Romania, Serbia and Montenegro and Slovakia) to
improve the living conditions of Sinti/Roma/travellers and to encourage their
integration. The World Bank will contribute to an education fund for those
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