Forum on Minority Issues 2020
19 - 20 November 2020
Intervention by Romania
19 November 2020
Madame Chair,
Romania aligns itself with the EU statement.
Hate speech threatens individual rights and human dignity, disturbs peaceful coexistence and
rational public debate. Combating hate speech is part of the fight against racism and other forms
of discrimination, including towards persons belonging to minorities.
Several multilateral treaties impose obligations on states to respect and to ensure rights,
prohibit discriminatory speech and criminalize certain forms of hate speech. These obligations
should be followed both online and offline, within the framework of existing national strategies
and action plans on preventing racism, xenophobia, radicalisation and violent extremism.
The main challenge when adopting measures aimed at combating online hate speech is how to
avoid unwanted limitations to other rights, especially the freedom of expression. The current
COVID-19 pandemic has shown that there is a thin line between Governmental action aimed
at protecting a fundamental right and the limitations of fundamental freedoms.
The 2018 UN Strategy and Plan of Action on Hate Speech and other relevant initiatives explore
legislative patterns and judicial practices and policies. We note the recommendations from the
October 2019 report of the Special Rapporteur on freedom of opinion and expression on the
need to regulate online “hate speech”, while meeting the conditions of legality, legitimacy,
necessity and proportionality.
Romania highly values the cooperation with human rights international mechanisms, including
Treaty Bodies and Special Procedures, with the purpose to identify and combat hate speech. In
light of this, we cannot but disagree with the statement made by a representative of a Romanian
NGO this morning, who referred to the statement of Romanian authorities against one specific
minority, in the context of the COVID-19 crises. While contesting the validity of this statement,
we would like to emphasize that Romanian authorities are fully committed to combat hate
speech and promote anti-discrimination legislation.
The existing legal framework sanctions acts of hate crime or serious hate speech, including in
social media, through criminal means. One of our main objectives remains to ensure the
legislative and institutional coherence, consisting in the implication of relevant authorities in
the full implementation of the existing legislation.
I thank you.