A/HRC/2/6
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intolerance, and the independent expert on minorities have dealt with different aspects of issues
involving allegations of blasphemy or advocacy of racial and religious hatred. In this section,
the report highlights some of the main observations and conclusions.
1. The Human Rights Committee
24.
The Human Rights Committee has addressed the issue of incitement to racial and
religious hatred during the examination of several recent reports, and in a number of recent
concluding observations has noted it as a major concern. Notable recent examples include:
(a) In connection with a report of Italy,12 the Human Rights Committee expressed
concern about “reported instances of hate speech, including statements attributed to certain
politicians, targeting foreign nationals, Arabs and Muslims, as well as the Roma”. The
Committee accordingly requested Italy to “recall regularly and publicly that hate speech is
prohibited under law and take prompt action to bring those responsible to justice”. The
Committee recommended that the State Party provide it with statistical data concerning
complaints, prosecutions and judicial decisions on the issue in order to monitor the situation;
(b) Concerning Switzerland,13 the Human Rights Committee expressed concern about
the increasing “incidents of racial intolerance.” It called upon Switzerland to “ensure rigorous
enforcement of its laws against racial incitement and discrimination”. The Committee also
suggested that the State Party strengthen the mandate of its Federal Commission against Racism
so as to allow it to initiate legal action;
(c) With respect to a report of Germany,14 the Human Rights Committee addressed the
relationship between anti-terrorism policies and human rights, and expressed concern about the
consequences of anti-terrorism measures on persons of foreign extraction, “because of an
atmosphere of latent suspicion against them”. The Committee accordingly recommended that
the German authorities “undertake an educational campaign through the media to protect
persons of foreign extraction, in particular Arabs and Muslims, from stereotypes associating
them with terrorism, extremism and fanaticism”;
(d) In connection with the report of Egypt,15 the Committee expressed concern about the
publication in the Egyptian press of “some very violent articles against Jews”, which it deemed
to constitute “advocacy of racial and religious hatred and incitement to discrimination, hostility
and violence”. The Committee requested the State Party to “take whatever action to punish such
acts”.
25.
The jurisprudence of the Human Rights Committee has also addressed the issue of
incitement in connection with several individual complaints submitted under the first Optional
Protocol to the ICCPR, including Faurisson v. France (Communication No. 550/1993, 8
November 1996). This case involved prosecution under France’s 1990 Gayssot Act which made
it a crime to contest the existence of certain crimes against humanity under which Nazi leaders
were convicted by the International Military Tribunal at Nuremberg in 1946, and Ross v. Canada
(Communication No. 736/1997, 18 October 2000) which alleged a denial of the right to express
religious views provided for in article 19 of ICCPR. In both cases, the Human Rights Committee
endorsed limitations on the exercise of free speech on the grounds that the restrictions were
consistent with the ICCPR.
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