A/HRC/4/WG.3/6
page 42
Assessment and recommendations
139. The question arises as to whether by taking into account the aforementioned comments
concerning the applicability of international human rights treaties, in particular ICERD and
ICCPR, to the private sphere, there is in this regard a need for complementary human rights
standards. The experts are not convinced and consider that there is rather an application gap in
the effective protection against discrimination by private actors. However, since the wording of
article 1 of ICERD has given rise in the past to some contradictory interpretations concerning the
scope of protection granted by this Convention, in the interest of clarity the States parties may
wish to consider adding the words “or private” after “public” in the definition in article 1,
paragraph 1 of the Convention in an effort to help eliminate ambiguity in this regard.
140. The experts consider that general comment No. 31 of the Human Rights Committee
provides a good starting point for addressing the problems of racism and xenophobia in the
private sphere. Hence, CERD may wish to further elaborate on this issue specifically in the field
of racial discrimination. The experts suggest that other treaty bodies examine the problem under
discussion and provide some clarity on the theme through their recommendations and comments.
An important step would also be to include the topic in reporting guidelines adopted by human
rights treaty bodies.
F. Incitement to racial hatred and dissemination of hate speech and
xenophobic and caricatural pictures, through traditional mass
media and information technology, including the Internet
141. The recent rise in racial attacks, hate speech, xenophobia and acts of disrespect for
religions, culture and traditions, as well as an increase in racial platforms in traditional and
modern media are cause for alarm. The experts consider the recent debate on caricatural pictures
as part of a broader discussion on incitement to racial and religious hatred and the dissemination
of hate speech.
142. The DDPA expresses concern at the progression of racism, racial discrimination,
xenophobia and related intolerance, including their contemporary forms and manifestations, such
as through the use of new information and communications technologies, including the Internet,
to disseminate ideas of racial superiority. The Programme of Action specifies actions which
could be undertaken to counter these developments on the Internet while taking fully into
account the existing international and regional standards on freedom of expression.127 It also
highlights the importance of human rights education and urges States “to introduce and, as
applicable, to reinforce anti-discrimination and anti-racism components in human rights
programmes in school curricula …”.128
127
See paras 62 and 86-94 of the Declaration and paras 3, 43, 56, 63, 86, 88, 108, 111, 117, 119,
136 and 140-147 of the Programme of Action.
128
Para. 129.
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