A/HRC/21/27
66.
Turkey also noted that article 122 of its Penal Code criminalized economic
discrimination on the basis of language, race, colour, sex and other reasons, while article
216 provided penal sanctions against inciting the population to breed enmity or hatred or
denigration.
67.
In addition to judicial remedies, there were also governmental, administrative and
parliamentary remedies for individual victims of discrimination, in particular through the
Human Rights Presidency at the Office of the Prime Minister, numerous Human Rights
Boards at provincial and subprovincial levels and the Human Rights Inquiry Commission
of the Parliament. Those bodies investigated complaints and allegations of human rights
abuses and, when substantiated, submitted their findings to relevant authorities for action.
B.
United Nations entities
The Human Rights Council
68.
Since the adoption of its resolution 18/15, the Human Rights Council has continued
to pay particular attention to violations of human rights relating to the incompatibility
between democracy and racism. Through its Working Group on the Universal Periodic
Review, the Human Rights Council had made recommendations to countries under review
to eradicate all forms of racism and xenophobia within political circles and society at large
in order to strengthen democratic institutions and uphold democratic principles. More
specifically, recommendations have been made to reinforce democracy and social dialogue,
promote understanding and tolerance between ethnic and racial groups within the political
context, take action against racist political parties, political leaders and organizations and
advance cooperation between all layers of society.
C.
Human rights treaty bodies
Committee on the Elimination of Racial Discrimination
69.
The question of the incompatibility of the principles of democracy, especially the
freedom of expression and assembly, with racism has been frequently considered by the
Committee on the Elimination of Racial Discrimination. Article 4 of the International
Convention on the Elimination of All Forms of Racial Discrimination prohibits all
propaganda and all organizations which are based on ideas or theories of racial superiority
or incite racial hatred and discrimination. In its general recommendation No. 15 (1993) on
organized violence based on ethnic origin, the Committee specifically requires States
parties to penalize dissemination of ideas based upon racial superiority or hatred, incitement
to racial hatred, acts of violence against any race or group of persons of another colour or
ethnic origin, and incitement to, or financing of, such acts.
70.
The Committee consistently applies article 4 in its consideration of the States party
reports. On numerous occasions, the Committee emphasized the special duties and
responsibilities of the freedom of expression and iterated the compatibility of the principles
of the freedom of expression and assembly with the State obligations under article 4 of the
Convention. For instance, during its fifty-seventh session in August 2001, the Committee,
while emphasizing the mandatory nature of article 4 of the Convention, expressed that the
obligation of the State to prohibit the dissemination of “racist ideas” was compatible with
freedom of expression (CERD/C/304/Add.102, para 11).
71.
On several occasions, the Committee has expressed its concerns over hate speech or
racist remarks by politicians. For instance, during its sixty-ninth session, the Committee
specifically raised the concern with a State party on the racist speeches made by politicians
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