A/HRC/4/WG.3/6
page 44
147. The UNESCO Declaration on Fundamental Principles Concerning the Contribution of the
Mass Media to Strengthening Peace and International Understanding, to the Promotion of
Human Rights and to Countering Racialism, Apartheid and Incitement to War states that “the
exercise of freedom of opinion, expression and information, recognized as an integral part of
human rights and fundamental freedoms, is a vital factor in the strengthening of peace and
international understanding”.132
148. In accordance with article 25, paragraph 3 of the Rome Statute “a person shall be
criminally responsible and liable for punishment for a crime within the jurisdiction of the Court
if that person: … (b) Orders, solicits or induces the commission of such a crime which in fact
occurs or is attempted”, and with regard to genocide directly and publicly incites others to
commit it.
149. In one of its first decisions, the Human Rights Council expressed “concern over the
increasing trend of defamation of religions, incitement to racial and religious hatred and its
recent manifestations” and requested its Special Rapporteurs on freedom of religion or belief and
on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, as
well as the United Nations High Commissioner for Human Rights, to report on this phenomenon,
in particular its implications for article 20, paragraph 2, of ICCPR.”133 The relevant reports
contain several important recommendations.134 In this context, the report from a high level
seminar on Internet and racism, organized by the Intergovernmental Working Group at its fourth
session, which explored the impact of communication technologies on both dissemination and
countering propaganda of racial hatred, racial violence, and xenophobia around the world, needs
also to be mentioned.135 All of the reports referred to above highlight the importance of
multicultural education, including education on the Internet, aimed at promoting understanding,
tolerance, peace and friendly relations between communities and nations.
Assessment and recommendations
150. The experts are convinced that the implementation of national legislation harmonised with
human rights treaty obligations could serve effectively to prevent, monitor and sanction acts of
incitement to racial and religious hatred and the dissemination of hate speech. Effective
cooperation between Governments, NGOs and civil society-based organizations in the
identification of good practices could help curb both incitement and dissemination. Practical
initiatives could include the creation of a model anti-racism network for educational institutions;
the inclusion of anti-racism messages on websites accessed by young people; training courses for
132
Art II, para. 1.
133
Decision 1/107 of 30 June, 2006.
134
See A/HRC/2/3.
135
See E/CN.4/2006/18 and E/CN.4/2005/20.
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