A/HRC/28/64 Convention, the following acts shall be punishable: (a) genocide; (b) conspiracy to commit genocide; (c) direct and public incitement to commit genocide; (d) attempt to commit genocide; and (e) complicity in genocide. 45. The International Covenant on Civil and Political Rights prohibits “any propaganda for war” as well as “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” (art. 20). 46. The International Convention on the Elimination of All Forms of Discrimination obligates States to condemn “all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination” (art. 4). Furthermore, three situations constitute offences punishable by law: (a) all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) organizations, organized and all other propaganda activities which promote and incite discrimination—which must be declared illegal and prohibited—, and participation in such organizations or activities; (c) promotion or incitement of racial discrimination by public authorities or public institutions, national or local. 47. In its general recommendation No. 35 (2013) on combating racist hate speech, the Committee on the Elimination of Racial Discrimination stresses, inter alia, the role of racist hate speech in processes leading to mass violations of human rights and genocide and in conflict situations and points out that racist hate speech can emanate from individuals or groups, can be disseminated orally, in print, through electronic media (Internet, social networking sites), as well as by non-verbal expression (racist symbols, images, behaviour at public gatherings). It emphasizes that media representations of ethnic, indigenous and other groups should be based on principles of respect, fairness and the avoidance of stereotyping. It formulates specific recommendations, including the adoption of appropriate legislation in line with international standards, the establishment of codes of professional ethics and press codes, the promotion of media pluralism and the facilitation of access to and ownership of media by minorities. 48. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence11 constitutes a comprehensive framework to assist States in implementing their obligations to combat incitement to hatred. It contains specific recommendations and guidance on balancing freedom of expression enshrined in article 19 of the International Covenant on Civil and Political Rights, with the prohibitions in article 20, through a six-part threshold test for forms of speech that are prohibited under criminal law. Among the key factors put forward in the Plan to prevent incitement to hatred are the collective responsibility of States, media and society, and the need to foster social consciousness, tolerance, mutual respect, and intercultural dialogue. 49. The African Charter on Human and Peoples’ Rights does not contain provisions referring specifically to the prohibition of incitement to national, racial or religious hatred. However the Charter states that: “all peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another” (art. 19) and that “every individual shall have the duty to respect and consider his 11 10 See www.ohchr.org/documents/issues/opinion/seminarrabat/rabat_draft_outcome.pdf.