A/HRC/42/58
Summary of issues and possible elements discussed
pertaining to the implementation of General Assembly
resolution 73/262 and Human Rights Council resolution 34/36
on “the commencement of the negotiations on the draft
additional protocol to the Convention criminalizing acts of a
racist and xenophobic nature”1 (agenda item 8)
108. States parties undertake to criminalize the following acts of a racist and xenophobic
nature perpetrated online and offline against specific persons and specific groups
irrespective of the author:
(a)
(b)
crimes;
Dissemination of hate speech;
Inciting, aiding and abetting the commission of racist and xenophobic hate
(c)
Dissemination of ideas and materials that advocate and promote racial
superiority, intolerance and violence;
(d)
[All contemporary forms of discrimination based on religion or belief]. 2
(e)
Compel social media networks to remove expediently, in accordance with
national legislation, racist and xenophobic content from online media platforms, including
social media;
(f)
Hold accountable or liable persons and companies in the information and
communications technology sector who broadcast racist and xenophobic content or
material;
(g)
States parties commit themselves to adopt the following preventive measures
to combat racist and xenophobic discrimination:
(i)
Promote cultural diversity through education and awareness;
(ii)
Counter proliferation of contemporary forms of supremacist ideologies,
including by awareness-raising about the horrific consequences of such ideologies in
the past;
(iii) Put an end to discriminatory racial and ethnic profiling and derogatory
stereotypes in all their forms;
(iv) Ensure non-discriminatory access to the enjoyment of all human rights, such
as birth registration, access to health, education, employment and housing;
(v)
Provide human rights education and training to civil servants working in the
areas of justice, civil service, immigration, customs, law enforcement and social
services;
(vi)
1
2
18
Provide guidance on appropriate conduct by law enforcement officials;
The 28 Member States of the European Union, Japan, Switzerland, and Ukraine maintained their
position that there are no substantive or procedural gaps in the Convention. In that regard, they
referenced A/HRC/4/WG.3/6 and the opinions of some experts that have been expressed during the
10 sessions of the Committee, who argued that there were no substantive or procedural gaps in the
Convention. Those participants consider that the Convention is a living instrument that can adapt to
contemporary reality and that the only existing gap is in implementation of the Convention and that
the focus should remain on reaching universal ratification of the Convention.
The 57 States members of OIC, the Plurinational State of Bolivia, Cuba, the Russian Federation and
the Bolivarian Republic of Venezuela referenced A/HRC/4/WG.3/6, in which it was mentioned that
the root causes of racial abuse, discrimination and xenophobia were complex and manifested
themselves in many contemporary forms such as Islamophobia, Christianophobia and anti-Semitism.
They maintained their position that it was important that the proposed additional protocol criminalize
all contemporary forms of discrimination, including discrimination and hatred based on religion or
belief, as an extension of the term “racial discrimination”.
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