A/HRC/40/65
IV. Parliaments facing current global challenges to human
rights, democracy and the rule of law
A.
Discussions
28.
The discussion on agenda item 3 was moderated by Sandrine Mörch, Member of the
National Assembly of France. The panellists were Momodou Malcolm Jallow, Member of
the Riksdag of Sweden; Kimberly Stanton, Democratic Staff, Senior Professional Staff at
the Tom Lantos Human Rights Commission, House Committee on Foreign Affairs, United
States Congress; Jean Paul Briere, Member of the Congress of Guatemala; and Kenneth
Okoth, Member of the National Assembly of Kenya. The discussions focused on the actions
available to parliaments in the light of current global challenges to human rights,
democracy and the rule of law, including those affecting democratic institutions and
principles, such as undue restrictions on public freedoms, the use of hate speech, attacks
against journalists and the rise of populism. The discussions also examined the challenges
and opportunities posed by migration, and the implementation of the 2030 Agenda for
Sustainable Development.
29.
Mr. Jallow discussed the rise in the use of hate speech and the shrinking space for
civil society. He shared his experience, as a parliamentarian of African descent, in regard to
the many barriers he had faced in becoming, and remaining, a parliamentarian, including
racist attacks and discriminatory attitudes. A victim of hate speech himself, Mr. Jallow
described the repeated use of deeply offensive pictures that portrayed him as a slave. Mr.
Jallow had taken the person responsible to court six times, which had resulted in jail
sentences. Mr. Jallow discussed the different legal approaches to freedom of expression in
relation to hate speech in Denmark and in Sweden. Referring to freedom of expression as
the bedrock of democratic expression, Mr. Jallow emphasized that it did not include the
right to use hate speech. He referred to divisive rhetoric used by legislators in, inter alia, the
United States of America and Brazil. He expressed concern about the increase in hate
crimes against migrants, attacks on members of marginalized communities, and the rise of
neo-Nazis and fascists. Concerning counter-terrorism measures, he emphasized that
governments were using the term “black identity extremists” to refer to people who were
defending black people from, for example, police violence. That facilitated unfair arrests
and demonized those who joined groups such as Black Lives Matter. He remarked that
internationally recognized human rights standards must be upheld at all times. He observed
that hate speech did not operate in a vacuum and the role of government policies in
developing racist discourse needed to be understood. In the context of growing support for
far-right political parties, he said that democratic values and access to information must be
safeguarded. He concluded with a plea to parliamentarians to use respectful language and
uphold the dignity and rights of all. He called for rules of procedure and independent
monitoring to sanction parliamentarians who failed to do this.
30.
Ms. Stanton provided an overview of the work of the Tom Lantos Human Rights
Commission, which was led by two co-Chairs from the main political parties in the United
States. She reflected on the rise of populism and noted the divisions that populists caused
by valuing certain groups above others. Populists were concerned with the legitimacy of
one group, those they invoked as “the people”, leading to devaluing the rights of “the
other”. She stated that populism was a means of gaining and holding power that involved
privileging some identities (national origin, ethnicity, race, religion, sexual identity,
political affiliation) over others. This generated a dynamic in which people who did not
share the privileged identities became vulnerable to human rights violations. Ms. Stanton
considered what parliamentarians could do. She suggested that parliamentarians should
bring a human rights and anti-discrimination lens into their analysis of policies and
proposed legislation. If a law or institution persistently disadvantaged a particular group,
their design needed to be revisited by the legislature. She encouraged parliamentarians to
speak out when marginalized groups became targets and to push back by raising specific
cases and defending the norms and values of democracy. She said that the language
parliamentarians used should not deepen divisions, parliaments’ internal hiring practices
should not discriminate against minority groups, and parliamentary rules of procedure
8
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