Countering Intolerance

Other Issues Relating to Protecting Freedom Expression While Countering Racism or Intolerance in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In statements at the Human Rights Council and the United Nations General Assembly Third Committee, the United States emphasized the need to protect freedom of expression even while attempting to combat racism. On September 27, 2011, U.S. delegate Amira Fouad delivered the U.S. statement at the 18th Session of the Human Rights Council on “Item 9: Clustered Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Racism, and the Working Group of Experts on People of African Descent.” The statement appears below and is available at (internet link) geneva.usmission.gov/2011/09/27/efforts-to-combat-racism-must-also-preserve-robust-freedom-of-expression/.

Developments

The United States expresses its appreciation to the Special Rapporteur on Racism and the Working Group of Experts on People of African Descent for drawing attention to the continued vigilance that is needed in order to combat racism and to eliminate all forms of racial discrimination. We condemn racism of any kind for any purpose by any person or group against any person or group. We have worked hard at every level to combat racism, including:

• Domestically, we take seriously the U.S. obligations as a State Party to the International Convention on the Elimination of all Forms of Racial Discrimination. The United States implements these obligations through the operation of the U.S. Constitution, state constitutions, and local laws, together with the federal and state machinery charged with protecting human rights. the U.S. laws prohibit discrimination based on race in all areas of life, from education to housing to employment. We work to ensure that hate crimes are prosecuted, that law enforcement misconduct is investigated and remedied, and that the U.S. laws and programs ensure fair housing, fair lending, equal educational opportunity, equal employment opportunity and the right to vote are enjoyed by all, without regard to race.

• Bilaterally, we have co-funded and cooperated in anti-racism programs around the world, such as the U.S.-Brazil Joint Action Plan to Eliminate Racial and Ethnic Discrimination and Promote Equality and the U.S.-Colombia Action Plan to Promote Racial and Ethnic Equality; and • Multilaterally, we have pledged $650,000 to UNESCO to develop an anti-racism curriculum; provided resources to the Inter-American Commission on Human Rights Rapporteur on the Rights of Afro-descendants and against Racial Discrimination; and joined other countries in the Western Hemisphere to focus on the International Year for People of African Descent.

Details

But the United States believes that even the best-intentioned efforts to combat racism must also preserve robust freedom of expression. We are concerned that the Special Rapporteur, for example, recommends that States prohibit advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence; dissemination of ideas based on racial superiority or hatred; and incitement to racial discrimination. He also invokes the limitations in Articles 19-22 of the International Covenant on Civil and Political Rights, apparently to suggest that States should control the Internet or other new technologies to prevent extremists from spreading material that is deemed racist. In its recommendations, the Working Group invokes Article 4 of the International Covenant on the Elimination of Racial Discrimination to underline the need to criminalize racism.

We remain deeply concerned about speech that advocates national, racial, or religious hatred, particularly when it seeks to incite imminent violence, discrimination, or hostility. But based on the U.S. own experience, the United States remains convinced that the best antidote to offensive speech is not bans and punishments but a combination of three key elements: robust legal protections against discrimination and hate crimes, proactive government outreach to racial and religious groups, and the vigorous speech that challenges the premises and conclusions of hateful speech.

More about the Issue

Likewise, in an explanation of vote delivered by U.S. Deputy Representative Sammis on November 17, 2011, the United States expressed concern that a Third Committee resolution, U.N. Doc. A/C.3/66/L.60 on “Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance” did not adequately account for the need to protect freedom of expression. Mr. Sammis' statement follows and is available at (internet link) usun.state.gov/briefing/statements/2011/177340.htm.

Other Issues Relating to Protecting Freedom Expression While Countering Racism or Intolerance

In relation to the international law practice and Other Issues Relating to Protecting Freedom Expression While Countering Racism or Intolerance in this world legal Encyclopedia, please see the following section:

International Human Rights

About this subject:

Discrimination

Under this topic, in the Encyclopedia, find out information on Race. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Other issues relating to protecting freedom expression while countering racism or intolerance

Resources

See Also

• International Human Rights
• Discrimination
• Race
• Racism