A/66/313
2.
Incitement to national, racial or religious hatred
13. Since the submission of his previous report to the General Assembly, the issue
of incitement to national, racial or religious hatred has been raised by the Special
Rapporteur on several occasions, including in a joint press release and in the joint
written submissions presented with the Special Rapporteur on freedom of religion or
belief and the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression.
14. In the joint press release regarding the situation in Côte d’Ivoire, issued with
other United Nations human rights experts on 1 April 2011, 1 the Special Rapporteur
called on all parties to refrain from any advocacy of national or racial hatred that
might incite to discrimination, hostility or violence. He demanded an end to attacks
against foreign nationals and joined his voice to the appeal made by the Committee
on the Elimination of Racial Discrimination to promptly investigate and punish
those responsible for ethnic violence.
15. The Special Rapporteur also addressed the issue of incitement to national,
racial or religious hatred in the joint written submissions presented in Vienna, 2
Nairobi 3 and Bangkok 4 to the series of expert workshops of the Office of the United
Nations High Commissioner for Human Rights (OHCHR) on the prohibition of
incitement to national, racial or religious hatred. The expert workshops touched
upon the rights and freedoms enshrined in the following provisions of international
human rights instruments: article 18 of the Universal Declaration of Human Rights
and of the International Covenant on Civil and Political Rights, respectively, on
freedom of thought, conscience and religion; article 19 of the Universal Declaration
and of the International Covenant on freedom of opinion and expression,
respectively; article 20 of the Covenant on the prohibition of any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence; and article 4 of the International Convention on the
Elimination of All Forms of Racial Discrimination on the eradication of incitement
to racial discrimination as well as acts of violence or incitement to such acts.
16. In the joint written submissions, the Special Rapporteur explored some
legislative and judicial practices in the workshops’ regions (Europe, Africa and
Asia-Pacific; the fourth expert workshop on the Americas will be held in October
2011). He also explored policies conducive to effectively prohibiting and preventing
advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence. In that regard, he referred to some examples
and pertinent recommendations from the mandate’s country fact-finding visits in the
different regions and the communications sent to States to help to review legislative
and judicial practices and policies.
17. The Special Rapporteur reiterated that all human rights were universal,
indivisible and interdependent and interrelated. He underlined that nowhere was that
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3
4
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The full text of the press release is available from www.ohchr.org/en/NewsEvents/Pages/
DisplayNews.aspx?NewsID=10908&LangID=E.
www2.ohchr.org/english/issues/opinion/articles1920_iccpr/docs/CRP3.Joint_
SRSubmission_for_Vienna.pdf.
www2.ohchr.org/english/issues/opinion/articles1920_iccpr/docs/
JointSRsubmissionforNairobiworkshop.pdf.
www2.ohchr.org/english/issues/opinion/articles1920_iccpr/docs/expert_papers_Bangkok/
SRSubmissionBangkokWorkshop.pdf.
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