EU Explanation of Position: UN General Assembly: Resolution on Countering Hate Speech

President,

I have the honour to speak on behalf of the European Union and its Member States.

Let me start by saying that the EU supports all efforts to promote tolerance and respect for cultural diversity and religious pluralism. We recognize that interreligious, interfaith and intercultural dialogue plays a positive role in combating hatred, incitement and violence.

And let me also recall that the EU made its position clear at the urgent debate in the Human Rights Council of 12 July - burning a book which is regarded as holy by many, is offensive, disrespectful and a clear act of provocation.

The EU opposes all forms of incitement to violence or hatred, and hate speech, online and offline, but we also stand for the right to freedom of opinion and expression.

In compliance with article 20 of the International Covenant on Civil and Political Rights, EU Members States prohibit any advocacy of national, racial or religious hatred which might  constitute incitement to discrimination, hostility or violence.

Striking a balance between the enjoyment of freedom of expression and the protection of the right to freedom of religion or belief has been a difficult topic of discussions within the UN for decades.

A delicate balance was found in 2011, which allowed us to pursue a consensual approach through Human Rights Council resolution 16/18, which in turn led to important achievements such as the Rabat Plan of Action, the Istanbul Process and the Beirut Declaration on ‘Faith for Rights’.  All these documents share the premise that the threshold for unlawful incitement must be set high, based on an analysis of the context, and that limitations of freedom of expression must remain the exception.

President,

Hate speech is a cross-cutting phenomenon and as such needs to be addressed through a comprehensive approach, tackling all aspects and grounds of discrimination and violence. We regret that the draft before us focuses on hate speech in the limited context of religious hatred

We appreciate that the facilitator Morocco organized informal consultations, in which the EU engaged constructively. The EU made several proposals aimed at improving the text and we are disappointed to see that there were not all taken on board. We also regret that there was no willingness to allow for more time to continue the negotiations.

Regrettably, the text in front of us falls short of fully meeting the requirements of international human rights law.

One key concern is preambular paragraph 13 and the references to violent acts against “religious symbols” and “holy books” as a violation of international law. While we agree that it is deeply offensive and disrespectful it is not a violation of international law. 

Freedom of religion or belief is, like all other human rights, an individual right, which can be exercised in community with others. It does not protect a religion or belief as such, or its symbols, nor does it prohibit the criticism of religions or beliefs.

For these reasons, the EU had no other choice than to propose an amendment to preambular paragraph 13 whereby we ask for the deletion of “in violation of international law”.

For the same reasons, the EU strongly disassociates itself from the last part of preambular paragraph 13. With these clarifications, the EU joined consensus, despite our reservations.

Thank you.