A/HRC/43/72
employees. The Swedish Police Authority has also commissioned a training course from
Uppsala University intended to provide in-depth skills on the underlying causes of racism,
hate speech and hate crimes.
F.
Adopting measures to criminalize incitement to imminent violence
based on religion or belief12
32.
Azerbaijan, Canada, Denmark, France, Hungary, Iraq, Italy, Mexico, Poland,
Romania, the Russian Federation, Sweden and the Syrian Arab Republic sent
comprehensive information about domestic criminal frameworks prohibiting incitement to
violence based on religion or belief. Many of the frameworks addressed issues of
incitement to racial, national or religious hatred through speech or written media and
publications and through the Internet. The laws generally also covered the establishment of
or participation in organizations that urge violence or incite religious hatred, and public
meetings in this context; the denial of war crimes, genocide and crimes against humanity;
and the linkages between incitement to violence and acts of terrorism. The frameworks
outlined usually provided for criminal regimes and heavy sentences. Many of the States
reported on important reforms, actions and updates to the measures taken during 2018–
2019. All the information provided by the States can be consulted on the OHCHR
website.13
33.
The High Commissioner recalls that, where legal sanctions may be necessary to
protect human beings against incitement to hatred, discrimination or acts of violence, three
types of expression should be clearly distinguished: expression that constitutes a criminal
offence; expression that is not criminally punishable but may justify civil or administrative
sanctions; and expression that does not invoke any legal action but still raises concern in
terms of tolerance and respect for the rights of others.
34.
Legislation prohibiting incitement to racial, national and religious hatred should be
specific, should not be overly broad in either its scope or its application and should be
consistent with the international standards on freedom of religion or belief and freedom of
opinion and expression. States should ensure that there is no impunity in the judicial system
and that prosecutions and adjudications are undertaken in accordance with the law.
35.
Some useful guidance in this regard is provided by the Committee on the
Elimination of Racial Discrimination14 and the Human Rights Committee.15 The Rabat Plan
of Action on the prohibition of advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence 16 and its six-part threshold
test, as well as continuing developments on what the threshold entails and what is
considered to be advocacy of religious hatred constituting incitement may provide some
guidance to those implementing the international standards relating to the prohibition of
incitement to racial, national and religious hatred.
G.
Hate crimes
36.
Denmark reported that, in order to implement its hate crimes monitoring
programme, the National Police had issued guidelines to all police districts on how to detect
and register hate crimes correctly, to ensure that all relevant crimes would be investigated
as hate crimes. In 2018, the National Police initiated a dialogue with the police districts to
ensure that all hate crimes were registered correctly in the Police Record System
(POLSAS). The National Police had added some supplementary search words to its
monitoring practice to give a more accurate overview of the extent of hate crimes in
Denmark.
12
13
14
15
16
Ibid., para. 7 (f).
https://adsdatabase.ohchr.org.
General recommendation No. 35 (2013) on combating racist hate speech.
General comment No. 34 (2011) on the freedoms of opinion and expression.
A/HRC/22/17/Add.4, appendix.
7
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