A/HRC/9/25 page 7 Incitement to religious hatred and violence 23. In 2006, the High Commissioner for Human Rights submitted a report to the Human Rights Council on incitement to racial and religious hatred and the promotion of tolerance which outlines in detail the international legal framework with regard to incitement to religious hatred and violence (A/HRC/2/6). The report concluded that existing international and regional human rights instruments, primarily ICCPR, ICERD and the three regional instruments, indicate a broad consensus on the law relating to incitement and advocacy of racial and religious hatred and provide a good basis for “legal and policy responses to the problem of intolerance more generally, and the incitement of hatred and violence in particular” (para. 80). 24. The report points out, nevertheless, that the implementation of the relevant norms is weak, partly because of lack of clarity on key elements of the law such as the definition of incitement, hatred and hate speech. It called for further reflection on the scope of actions that a State may legitimately take to curb speech and on ways to strengthen implementation, concluding that “uniform, consistent application of the law is essential to ensure the effectiveness of international efforts to counter intolerance” (para. 84). 25. As the High Commissioner’s report points out, article 20 (2) of ICCPR explicitly prohibits any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. This provision does not set forth a right but a limitation on other rights in particular freedom of expression and freedom to manifest religion or belief. During the travaux préparatoires of the Covenant, fears were expressed that the prohibition of advocacy might be abused and, thus, have a detrimental impact on the right to freedom of expression (A/2929, para. 190). 26. In 1983, the Human Rights Committee adopted general comment No. 11 on the prohibition of propaganda for war and inciting national, racial and religious hatred (art. 20), in which it expressed the view that the “required prohibitions are fully compatible with the right of freedom of expression as contained in article 19, the exercise of which carries with it special duties and responsibilities”. It further noted that article 20 (2) is “directed against any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, whether such propaganda or advocacy has aims which are internal or external to the State concerned”. 27. The Committee also underlined that in order to make article 20 fully effective “there ought to be a law making it clear that propaganda and advocacy as described therein are contrary to public policy and providing for an appropriate sanction in case of violation”. Furthermore, in its general comment No. 22 (1993), the Human Rights Committee stated that “In accordance with article 20, no manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.” 28. With regard to hate speech, article 4 of ICERD stipulates that “States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial