A/HRC/37/77
69.
She stated that the best response to hate speech was through the implementation of
an effective legal system. She stressed the importance of having more preventive and
educational tools, including education, to promote understanding, combat negative
stereotypes and discrimination, and undertake information campaigns and the collection
and analysis of statistical data.
70.
Mr. Handsford noted that the discussion in the Working Group could not be more
timely from the perspective of the United States, where recent debates, protest and tragedies
had called into question the country’s current practices on freedom of speech, hate speech
and hate crime regulation.
71.
He reminded Member States that the Durban Declaration and Programme of Action
called on States to consider a prompt and coordinated international response to the rapidly
evolving phenomenon of the dissemination of hate speech and racist material through the
new information and communications technologies, including the Internet, and to
strengthen international cooperation in response. He referred to the report of the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, which showed that with the development of technology, hate speech and hate
sites had grown in both number and sophistication, and extremist groups had found the
Internet to be a very useful tool for recruiting new members.
72.
Mr. Handsford made several recommendations, including that efforts to engage in
the debate over the removal of racist symbolism and monuments should be supported and
those symbols replaced by art, education and monuments of historic men and women who
had promoted the cause of human dignity and racial justice. He also encouraged
participants to engage in the debate around hate speech on social media.
73.
The representative of the European Union reiterated the importance of having a
criminal framework around hate speech but stated that criminalization was not sufficient to
combat hate speech and crimes. She also reiterated the importance of making alliances with
civil society and the media, and of recognizing and addressing intersectional discrimination.
74.
The representative of Brazil noted that racist hate speech undermined freedom of
expression and called on Member States to be aware of the debate on hate speech and
freedom of expression. She stated that Brazil had a punitive and preventative approach to
racially motivated crimes. With regard to online hate speech, Brazil dealt with such
offences in its legislation and also criminalized those who were complicit by sharing hate
speech content online.
75.
The representative of South Africa noted that hate speech was one of the most
complicated and unregarded topics, and that it had the potential to undermine the
democratic fabric of society. The representative explained that in early 2016, a series of
hate speech and hate crime incidents had taken place in South Africa. That had led to a
public outcry over racism, which had been the catalyst for the finalization of the bill on the
prevention and combating of hate crimes and hate speech. He explained that the bill had
sent a clear message to the public that hate speech and hate crimes would not be tolerated in
South Africa.
IX. Migrants and refugees: examples of good practices in
protection against racism, racial discrimination, xenophobia
and related intolerance
76.
Ms. Touzenis gave an overview of the international legal framework relating to
human rights and refugees, and of the challenges faced by migrants regarding
discriminatory practices. She stressed that international human rights were inalienable and
not dependent on the geographical location of a person, and insisted that there should be a
focus on the discourse around migrants and migration in order to make sure that the public
understood migrants’ rights and the importance of respect for human rights.
77.
Ms. Touzenis outlined the importance of granting labour rights to migrants and
refugees, with a view to stopping exploitation and the imposition of unfair working
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