A/77/512
must remain exceptional. When individuals or groups meet this high threshold,
including in the context of antisemitic hate speech, States must hold these actors to
account for their violations of international human rights law.
85. The Committee on the Elimination of Racial Discrimination has reiterated that
freedom of expression is integrated into the Convention and that the Convention
contributes to a fuller understanding of the parameters of freedom of expression un der
international human rights law. For determining what racist expression should be
punishable by law, the Committee stresses the importance of context, which includes:
(a) the content and form of the speech; (b) the economic, social and political climate ;
(c) the position or status of the speaker; (d) the reach of the speech; and (e) the
objectives of the speech. Member States, and even private actors such as the
technology companies that often directly interface with racist and xenophobic content
online, must remain vigilant in their identification of racist expression in national
climates in which certain groups, including neo-Nazis, are openly committed to
spreading and enforcing intolerance. The Committee warns that racist speech may
sometimes rely on indirect language to disguise its targets or objectives, and may rely
on coded symbolic communication to achieve its ends. Even incitement may be
express or implied, through actions such as displays of racist symbols or the
distribution of materials as well as words.
86. Member States must take urgent action to ensure that racist expressions
violating the standards set out in the International Convention on the Elimination of
All Forms of Racial Discrimination are made punishable by law. The Committee on
the Elimination of Racial Discrimination has recommended that the criminalization
of forms of racist expression be reserved for serious cases, to be proven beyond
reasonable doubt, that the application of criminal sanctions be governed by the
principles of legality, proportionality and necessity, and that less serious cases should
be dealt with using non-criminal sanctions.
87. The Special Rapporteur also recalls that in paragraph 84 of the Durban
Declaration, States Members of the United Nations at the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance condemned the
persistence and resurgence of neo-Nazism, neo-fascism and violent nationalist
ideologies based on racial or national prejudice. In paragraph 85 of the Decl aration,
they condemned political platforms and organizations based on, among other things,
doctrines of racial superiority and related discrimination, as well as legislation and
practices based on racism, racial discrimination, xenophobia and related into lerance,
highlighting that they were incompatible with democracy and transparent and
accountable governance. Member States also reaffirmed, in paragraph 94 of the
Declaration, that the stigmatization of people of different origins by acts or omissions
of public authorities, institutions, the media, political parties or national or local
organizations was not only an act of racial discrimination but could also incite the
recurrence of such acts, thereby resulting in the creation of a vicious circle that
reinforced racist attitudes and prejudices and required universal condemnation.
V. Conclusions and recommendations
88. The Special Rapporteur urges States to comply fully with their obligations
as enshrined in article 4 of the International Convention on the Elimination of
All Forms of Racial Discrimination and reiterates her encouragement to those
States that have made reservations to article 4 of the Convention to withdraw
those reservations and commit to the obligation to tackle hate speech and
incitement to violence.
18/20
22-22915