A/HRC/12/38 page 5 against any discrimination in violation of this Declaration and against any incitement to such discrimination.” In addition, the International Covenant on Civil and Political Rights, in its article 20, paragraph 2, prescribes binding limitations on freedom of expression by stating that “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” With regard to article 20 of the Covenant, the former Special Rapporteur also recalled that in his joint report with the Special Rapporteur on freedom of religion or belief to the second session of the Human Rights Council (A/HRC/2/3), the two mandate holders highlighted that a definition of its threshold of application would be particularly welcome in order to avoid confusion or simplistic conclusions regarding its application. The two mandate holders thus encouraged the Human Rights Committee to consider the possibility of drafting a general comment on this article. 6. With regard to incitement to racial hatred, the former Special Rapporteur also made reference to article 4 (a) of the International Convention on the Elimination of All Forms of Racial Discrimination. According to this article, States parties “Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof.” In addition, the former mandate holder noted that, in its general recommendation No. 15, the Committee on the Elimination of Racial Discrimination expressed the view that “the prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression”. 7. The former mandate holder concluded by strongly recommending that the Human Rights Council encourage a shift away from the sociological concept of the defamation of religions towards the legal norm of non-incitement to national, racial or religious hatred, on the basis of the legal provisions laid down in international human rights instruments, in particular article 20 of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. B. The expert seminar on the links between articles 19 and 20 of the International Covenant on Civil and Political Rights 8. The Special Rapporteur would like to highlight the initiative taken by the Office of the United Nations High Commissioner for Human Rights in organizing, in October 2008, a seminar gathering 12 experts in the field of freedom of expression and incitement to racial or religious hatred and over 200 participants. As the High Commissioner stated in her report on the expert seminar (A/HRC/10/31/Add.3), the main objectives of the meeting were to “address the underlying human rights concerns behind the concept of ‘defamation of religions’, presenting an approach based on human rights law; and to ensure a sound legal interpretation of articles 19 and 20 of the Covenant”. 9. Notwithstanding the large variety of views expressed during the seminar by experts and participants from different legal and cultural backgrounds, the Special Rapporteur would like to note that a common understanding was reached on a number of questions that are central to the discussion on incitement to racial or religious hatred. In particular, it is noteworthy that the