CERD/C/67/D/30/2003
Page 16
Committee concludes that the statements of Mr. Sjolie, given that they were of
exceptionally/manifestly offensive character, are not protected by the due regard
clause, and that accordingly his acquittal by the Supreme Court of Norway gave rise
to a violation of article 4, and consequently article 6, of the Convention.
10.6 Finally, in relation to the State party’s submission that the authors have failed
to establish how the remarks of Mr. Sjolie adversely affected their enjoyment of any
substantive rights protected under article 5 of the Convention, the Committee
considers that its competence to receive and consider communications under article 14
is not limited to complaints alleging a violation of one or more of the rights contained
in article 5. Rather, article 14 states that the Committee may receive complaints
relating to ‘any of the rights set forth in this Convention’. The broad wording suggests
that the relevant rights are to be found in more than just one provision of the
Convention. Further, the fact that article 4 is couched in terms of States parties’
obligations, rather than inherent rights of individuals, does not imply that they are
matters to be left to the internal jurisdiction of States parties, and as such immune
from review under article 14. If such were the case, the protection regime established
by the Convention would be weakened significantly. The Committee’s conclusion is
reinforced by the wording of article 6 of the Convention, by which States parties
pledge to assure to all individuals within their jurisdiction effective protection and a
right of recourse against any acts of racial discrimination which violate their ‘human
rights’ under the Convention. In the Committee’s opinion, this wording confirms that
the Convention’s ‘rights’ are not confined to article 5. Finally, the Committee recalls
that it has previously examined communications under article 14 in which no
violation of article 5 has been alleged.21
11.
The Committee on the Elimination of Racial Discrimination, acting under
article 14, paragraph 7, of the Convention on the Elimination of All Forms of Racial
Discrimination, is of the view that the facts before it disclose violations of articles 4
and 6 of the Convention.
12.
The Committee recommends that the State party take measures to ensure that
statements such as those made by Mr. Sjolie in the course of his speech are not
protected by the right to freedom of speech under Norwegian law.
13.
The Committee wishes to receive, within six months, information from the
State party about the measures taken in the light of the Committee's Opinion. The
State party is requested also to give wide publicity to the Committee's Opinion.
[Done in English, French, Spanish and Russian, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee’s annual report to the General Assembly.]
21
See for example: Communication No 10/1997, Ziad Ben Ahmed Habassi v Denmark, Opinion
adopted on 17 March 1999, paragraphs 9.3 and 10, where the Committee found a violation of articles 2
and 6; Communication No 16/1999, Kashif Ahmed v Denmark, Opinion adopted 13 March 2000,
paragraphs 6.2 - 9, where the Committee found a violation of article 6; and Communication No
27/2002, Kamal Qureshi v Denmark, Opinion adopted 19 August 2003, paragraphs 7.1 – 9.
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