A/HRC/25/69
70.
In her reply to several questions, Ms. Davis Lake stated that approaches such as
national measures as well as complementary international standards should not be seen as
mutually exclusive. A legal basis or framework could give effect to national processes. She
said that the OAS Conventions provide for establishment of a Committee to monitor their
implementation and that this will be the place where States Parties will share good
practices.
71.
Mr. Ibrahim Salama, Director of Human Rights Treaties Division at OHCHR, also
gave a presentation during the 11th meeting of the Ad Hoc Committee, providing an
overview of the series of experts meetings on incitement to racial, ethnic, national and
religious hatred and the Rabat Plan of Action. In his presentation, he referred to the general
context and history of the exercise which reflected the subject matter, the substance and the
potential it constituted. He noted that there were political and intellectual tensions and
underlined that there was a false dichotomy with regard to freedom of religion and freedom
of expression and opinion. There were indeed legitimate and perceived risks linked to the
issue of incitement to hatred, which was considered a grey zone and risky area. To deepen
the understanding of the subject matter, the first meeting was held in October 2008,
focusing on the relationship between articles 18 and 19 of the ICCPR. He said that during
the Durban Review Conference, the High Commissioner promised to launch a process of
reflection. The meetings considered State practices, national mechanisms and empirical
evidence on effective measures. He noted that it was based on a bottom up approach. There
were expert discussions, which were opened to Member States that took the opportunity to
enrich the discussions. The legislative approach included comparisons, case law and policy
analysis. For each workshop there were about 20 experts from the region; participants
included Special Rapporteurs, treaty-monitoring bodies, NHRIs, NGOs and Member States.
72.
He explained that the Rabat Plan of Action was based on a comparative analysis and
it draws on common ground. At a political and intellectual level, it is an expert-driven
process, though still open to Member States. He explained that there was de facto
complementarity with Human Rights Council resolution 16/18 and the Istanbul process.
The plan of action created double monitoring processes and included thresholds for speech
that need to be adapted to the national context. The Plan is not limited to legal measures as
it includes recommendations on media, education, but also to governments. It offers a
platform for action that Member States can consider voluntarily and being outside of the
inter-governmental process it diffuses the political context and there is no compelling force.
Based on the knowledge that was generated during these meetings, it extended beyond
rhetoric thereby improving reality.
73.
The delegate of the United States noted that the Rabat Plan of Action is different
from HRC resolution 16/18 with its related Istanbul process, as Rabat was developed
through expert meetings , while 16/18 and Istanbul are State-led processes. The Czech
Republic also noted that the Rabat process and the Istanbul process are separate from the
mandate of the Ad-hoc Committee. She noted that there is discrepancy among participants
of the Committee, reflected in the will to share national policies and national experience
and abstract calls about the need to draft international instruments. It was still not clear
what are the universal challenges that needed to be overcome: who has a problem; where
exactly; and, what are the obstacles in practice?
74.
Mr. Salama referred to the ‘politics of rights’ and stated that demystifying the issues
at stake was the beginning of the solution. Unfortunately, misuse of words and misuse of
religions cost the lives of so many people. He explained that threshold was an important
consideration: What is that constitutes advocacy of hatred? The answer was extremely
difficult and complex. He added that, in his view, between a normative and an
implementation gap, there were shades of other gaps, such as interpretation gaps, multistakeholders gap, and understanding gaps. With regard to follow ups to the Plan of Action,
he stated that this was a work in progress. The Ambassador of African Union noted the
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