A/HRC/40/75
freedoms and the rule of law, are essential for the effective prevention and elimination
of racism, racial discrimination, xenophobia and related intolerance;
(c)
Expresses concern at the spread in many parts of the world of various
extremist political parties, movements and groups, including neo-Nazis and skinhead
groups, as well as racist extremist movements and ideologies, and at the fact that this
trend has resulted in the implementation of discriminatory measures, policies and bills
at local or national levels;
(d)
Reaffirms that acts of racial violence, incitement to racial hatred or
discrimination, inter alia by the dissemination of ideas based on racial or ethnic
superiority or hatred, do not constitute legitimate expressions of opinion but rather
unlawful acts or offences, and that when government officials and public authorities
engage in such acts or condone crimes motivated by racist and xenophobic attitudes
with any form of impunity, they undermine the principle of non-discrimination and
endanger democracy, encouraging the recurrence of such acts;
(e)
Acknowledges that the exercise of the right to freedom of expression
carries with it special duties and responsibilities, among which the obligation not to
disseminate racist ideas is of particular importance, and that freedom of expression
shall only be subject to certain restrictions that are provided for by law and are
necessary for respect for the rights or reputations of others, including the principles of
equality and non-discrimination;
(f)
Takes note of general recommendation No. 35 (2013) on combating
racist hate speech of the Committee on the Elimination of Racial Discrimination, in
particular paragraphs 13–15, which provide guidelines to Member States on the
offences punishable by law and the qualification used for dissemination and
incitement as offences punishable by law;
(g)
Recognizes the importance of sharing good practices, including
legislation and initiatives taken at the national and regional level, in addressing the
issue of online hate speech and in that connection encourages the policies adopted at
the regional level on combating online hate speech, such as the adoption of codes of
conduct on countering illegal online hate speech signed by information technology
companies and social media providers in the fight against hate speech.
2.
Recommendations
95.
The Working Group:
(a)
Urges States to develop a system of criteria for addressing hate crimes,
clearly dividing violent and non-violent acts and comprehensive approaches to
counter violent manifestations of racism, racial discrimination, xenophobia and
related intolerance, including by extremist political leaders, parties, movements and
groups, through solid legal frameworks, based on existing international and regional
standards;
(b)
Calls upon States to establish in their national legislation that racist and
xenophobic hate speech that incites violence or hatred is a criminal offence that
should be brought before an independent court or tribunal;
(c)
Recommends that States review legislative and law enforcement
practices that may lead to involuntary assimilation of minorities and use education
and awareness-raising programmes to combat prejudices that may lead to racism,
racial discrimination, xenophobia and related intolerance;
(d)
Requests States to address hate speech, derogatory language and
negative stereotypes effectively;
(e)
Encourages States to engage with information technology companies,
including social media providers, to establish and disseminate specific codes of
conduct and measures against the dissemination of messages that incite racism, racial
discrimination, xenophobia and related intolerance;
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