PART FIVE: DISCRIMINATION AND EXPRESSION II. HATE SPEECH AND THE BAN ON INCITEMENT TO DISCRIMINATION, HOSTILITY OR VIOLENCE In the 2010s and early 2020s, the problem of hate speech – including as a cause, result and driver of discrimination – has been the subject of very high-level attention by the United Nations system. In 2012, at a meeting organized by OHCHR, experts adopted the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (hereafter, “Rabat Plan of Action”)1134 following a lengthy process of global consultation and engagement. More recently, a 2019 mobilization – led by the Secretary-General – led to agreement that United Nations agencies and entities should have strategies and plans of action to address hate speech. The United Nations Strategy and Plan of Action on Hate Speech was developed in response to “a groundswell of xenophobia, racism and intolerance, violent misogyny, anti-Semitism and anti-Muslim hatred”.1135 The Strategy recognizes that during the previous 75 years, hate speech has been a precursor to atrocity crimes, including genocide, from Rwanda to Bosnia to Cambodia.1136 The Strategy includes a commitment that United Nations entities should “show solidarity with the victims of hate speech and implement human rights-centred measures aimed at countering retaliatory hate speech and escalation of violence and at empowering the targeted people or communities”. It also notes that they should “promote measures to ensure that the rights of victims are upheld, and that their needs are addressed, including through advocacy for remedies, access to justice and psychological counselling”.1137 Recommendations under the Plan of Action include: “Encourage the strengthening of the framework of antidiscrimination law to ensure that it complies with international human rights law and standards”.1138 Specifically as concerns minorities, in 2021, the Special Rapporteur on minority issues provided, in his annual report to the Human Rights Council, a thematic report on the widespread targeting of minorities through hate speech on social media. In the report, the Special Rapporteur described phenomena, including “the widespread denial or failure of State authorities to recognize or effectively protect minorities against prohibited forms of hate speech”. He emphasized “the responsibility of States, civil society and social media platforms to acknowledge that hate speech is mainly a minority issue and, as a matter of urgency, their duty to take further steps towards the full and effective implementation of the human rights obligations involved”.1139 PART FIVE Article 20 (2) of the International Covenant on Civil and Political Rights obligates States parties to prohibit, by law, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. Other provisions of the Covenant provide the basis for the regulation of hate speech on other grounds. Specifically, under article 19 (3), States may restrict freedom of expression, where such limitations are provided by law and necessary for one of six specified purposes, which include the protection of the rights and freedoms of others. As noted in the Rabat Plan of Action, “expression labelled as ‘hate speech’ can be restricted under articles 18 and 19 of the International Covenant on Civil and Political Rights on different grounds”.1140 Indeed, as set out in more detail below, treaty bodies and special procedures have called on States to take effective action to prohibit hate speech on a range of grounds beyond those listed in article 20. Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination elaborates a more detailed prohibition of hate speech on the basis of race, colour or ethnicity. It commits States 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”. 1134 A/HRC/22/17/Add.4, annex, appendix. 1135 Secretary-General, “Secretary-General’s remarks at the launch of the United Nations Strategy and Plan of Action on Hate Speech [as delivered]”, 18 June 2019. See also United Nations, “United Nations Strategy and Plan of Action on Hate Speech” (2019). Available at www.un.org/en/genocideprevention/hate-speech-strategy.shtml. 1136 Secretary-General, “Secretary-General’s remarks at the launch of the United Nations Strategy and Plan of Action on Hate Speech [as delivered]”. 1137 United Nations, United Nations Strategy and Plan of Action on Hate Speech: Detailed Guidance on Implementation for United Nations Field Presences (2020), p. 30, commitment 3. Available at www.un.org/en/genocideprevention/documents/UN%20Strategy%20and%20 PoA%20on%20Hate%20Speech_Guidance%20on%20Addressing%20in%20field.pdf. 1138 Ibid., p. 31. 1139 A/HRC/46/57. 1140 Rabat Plan of Action, para. 14. 175