A/HRC/12/38
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expert seminar reaffirmed the approach taken by the former mandate holder with regard to the
desirable shift from the sociological notion of the defamation of religions to the legal concept of
incitement to racial or religious hatred.
10. The experts also identified a need to further clarify the concepts contained in relevant
international standards, particularly article 20 of the Covenant, in view of the limited
jurisprudence in this field. In this regard, a technical, non-political setting was recommended as a
good approach to allow for a better understanding of this phenomenon. In particular, it was
suggested that regional workshops be organized in order to explore this issue in an inclusive way
at grass-roots level. This approach has been referred to in the Durban Review Conference
outcome document.
11. The experts also agreed that, in addition to legislation on hate speech, a wide array of
actions were needed to combat this phenomenon in general. In this regard, the criminalization of
cases of incitement to racial or religious hatred, in line with international instruments, should be
but one of the tools available for authorities to address this problem. In this respect, particular
emphasis was placed on the overarching obligation of States to implement the right to
non-discrimination and equal treatment. The role of education, the need to strengthen the
professionalism of the media and its ability to self-regulate, as well as the promotion of
inter- and intra-religious dialogue were also highlighted as relevant actions.
C. The outcome document of the Durban Review Conference
12. The Special Rapporteur welcomes the adoption of the important outcome document
(A/CONF.211/L.1) of the Durban Review Conference held in Geneva from 20 to 24 April 2009.
For the purpose of the present report, he would like to specifically refer to the paragraphs in the
outcome document addressing the question of incitement to racial or religious hatred and
incidents of racial or religious violence.
13. In paragraph 12 of the outcome document, the Conference deplored “the global rise and
number of incidents of racial or religious intolerance and violence, including Islamophobia,
anti-Semitism, Christianophobia and anti-Arabism manifested in particular by the derogatory
stereotyping and stigmatization of persons based on their religion or belief; and in this regard
urges all the United Nations Member States to implement paragraph 150 of the DDPA”.1
14. In paragraph 13, the Conference reaffirmed “that any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence shall be
prohibited by law; reaffirms further that 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
1
Paragraph 150 of the Durban Programme of Action “calls upon States, in opposing all forms of
racism, to recognize the need to counter anti-Semitism, anti-Arabism and Islamophobia
worldwide, and urges all States to take effective measures to prevent the emergence of
movements based on racism and discriminatory ideas concerning these communities”.
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