A/59/329
from South America is a threat to the American identity. He thereby deepens the
theoretical rift established by his notion of a clash of civilizations and designates a
new object of discrimination, the “Latino”. In this context, the spreading of racist
and discriminatory speech constitutes a double distortion of the democratic ideal,
through its dissemination using new communication technologies such as the
Internet and through the manipulation of freedom of expression and opinion and,
more seriously, through its pervasiveness and ability to structure political debate and
influence traditionally democratic political parties and its legitimization by the
intellectual and academic world. The current upsurge of discrimination, which has
revealed a new paradigm of strengthened links between racism and xenophobia,
confirms just how pervasive discrimination is, even in countries that have shown an
undeniable political and democratic will and developed comprehensive legal
strategies to combat racism and confront their historical experience. It has become
clear that, while anchoring human rights in legal instruments is a fundamental way
of achieving progress and expressing the universality of those rights, it is no longer
capable of eliminating or even grasping the underlying causes of discriminatory
culture and mentalities. The new battle grounds in the struggle against
discrimination — identity constructs, value systems, images and perceptions —
therefore raise the issue of renewing or deepening the notion of human rights.
Action on human rights must henceforth be encouraged and renewed by discussing
the underlying causes of racism, discrimination and xenophobia. In this context, the
Special Rapporteur recalls the importance of an intellectual front to combat racism
and his recommendation concerning the urgent need for an intellectual and ethical
strategy to combat racism that targets precisely the deep and intangible sources of
racist culture by uncovering and analysing in detail the seedbeds and roots of
racism: ideas, concepts, images and perceptions. The warning sounded by
Bertolt Brecht in the wake of the Second World War is now more topical than ever:
“The womb from which the vile beast emerged is still fertile.”
B.
Racist propaganda on the Internet
29. The Internet has been used since the mid-1990s as an instrument for
widespread dissemination of heinous speech by racist and xenophobic organizations.
According to the Simon Wiesenthal Center, there are now several thousand sites
engaged in racist propaganda, xenophobia and related intolerance, whereas in 1995
there was only one. The Durban Programme of Action, adopted by consensus on
8 September 2001, recommended that States should encourage the media to adopt
self-regulatory measures to enable them to combat the use of the Internet for racist
ends and apply legal sanctions against any incitement to racial hatred
(A/CONF.189/12 and Corr.1, paras. 144-147). However, in order to prevent the use
of the Internet to spread racism and discrimination, we must find a solution
compatible with international law and the need to reconcile the contradiction
between respecting freedom of expression and respecting the values and principles
of international law, including the condemnation of discrimination and racism. The
Parliamentary Assembly of the Council of Europe, in its recommendation
1438 (2000), stated that “legislation should be enacted — where it does not exist —
to prohibit oral or written instigation to racism, anti-Semitism and xenophobia;
freedom of expression cannot be accepted as an excuse for it”.
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