A/HRC/48/77
racist European Union. The action plan set out several measures to tackle all forms of racism
and racial discrimination.
104. On 19 October 2020, the European Commission announced the elaboration of a
comprehensive and ambitious strategy on combating antisemitism and fostering Jewish life,
to complement and support Member States’ efforts given the rise in antisemitic violence and
hate crime. On 2 December 2020, the Council of the European Union had adopted a
declaration on mainstreaming the fight against antisemitism across policy areas. The
European Commission had also established a working group on combating antisemitism to
support Member States in adopting, at the national level, holistic strategies to prevent and
combat all forms of antisemitism as part of their strategies on preventing racism, xenophobia,
radicalization and violent extremism.
Civil society organizations
105. One civil society organization expressed concern over the harmful activities of the
“Grey Wolves” group and its members, whose ideology is characterized by extremist
nationalism and racist violence against ethnic minorities in Turkey and around the world.
Another organization expressed concern about the increase in intolerance against Muslims in
India, including through the adoption of legislation and policies. It referred to political and
public statements inciting hatred against Muslims, and reported that initiatives to counter the
rising intolerance, such as a campaign against hate speech, had been initiated by civil rights
activists and concerned citizens.
IV. Applicable racial equality framework
106. The Special Rapporteur recalls that international human rights law is based on the
premise that all persons, by virtue of their humanity, should enjoy all human rights without
discrimination on any grounds. Article 1 (1) of the International Convention on the
Elimination of All Forms of Racial Discrimination defines racial discrimination. The Special
Rapporteur reiterates that the prohibition on racial discrimination is aimed at guaranteeing
substantive equality rather than a formal provision of equality. 1 States must take action to
combat intentional or purposeful racial discrimination, as well as de facto or unintentional
racial discrimination.
107. The International Convention on the Elimination of All Forms of Racial
Discrimination and the International Covenant on Civil and Political Rights both impose
strong limitations on the propagation of racist and xenophobic ideas, and outlaw the advocacy
of national, racial or religious prejudices that amount to incitement to discrimination, hostility
or violence. Speech that constitutes advocacy of antisemitic racial and religious prejudices
amounting to incitement to discrimination, hostility or violence is thus unlawful and
prohibited under the applicable legal frameworks.
108. The Special Rapporteur recalls that in accordance with article 2 (1) of the International
Convention on the Elimination of All Forms of Racial Discrimination, States parties are not
to sponsor, defend or support racial discrimination by any persons or organizations, including
those espousing racial superiority and intolerance. Article 4 of the Convention requires States
parties 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. This means that States
parties must take action to prohibit organizations that meet the conditions articulated in article
4 (b), including in contexts in which such organizations use antisemitic fervour to attempt to
mainstream their extreme ideologies or racial, ethnic or religious hatred and intolerance.
Legislation alone is not sufficient. Article 6 of the Convention makes clear that effective
protection from and remedies for racial discrimination are just as important as formal
provisions.
1
Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009),
paras. 6–10.
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