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The B’nai Brith Canada Institute for International Affairs has a mandate to protest the abuse of human rights throughout the world and advocate on behalf of worldwide Jewish communities in distress. The Institute has a special focus on pro-Israel advocacy and education. |
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Rochelle Wilner |
Frank Dimant |
Amos Sochaczevski |
Ruth Klein |
Last year’s resolution on Freedom of Expression omitted some important wording. The absence of any reference to Article 20 of the International Covenant on Civil and Political Rights should be addressed in this year’s resolution. Article 20 would require prohibition of incitement to hatred.
Article 19 states:
“1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
The exercise of these rights is subject to certain restrictions under Article 19, in terms of respect for the rights or reputations of others, or for the protection of national security, public order, public health or morals. However, Article 20 provides important additional protections:
“1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”
These issues are particularly pressing when one consider the widespread use of such propaganda directed against the Jewish religion, particularly in the Arab world. Consider, for example, the screening on Egyptian State Television of the antisemitic TV serialization, “Horseman Without a Horse”, which is based on the “Protocols of the Learned Elders of Zion”, an infamous forgery dating back to Czarist Russia, which alleges a Jewish conspiracy for world domination. We see the repercussions of this type of propaganda here in Canada where “The Hidden Tyranny” — based on a similar theme — was recently posted on the Internet by Ontario affiliates of the Left-wing indymedia site. Both these example are clear cases of advocacy of “racial or religious hatred” and “incitement to discrimination, hostility or violence” under Article 20(2).
The ongoing vilification of Jews and the Jewish religion that can be seen throughout Palestinian society — in its state-sponsored media, educational system and the pronouncements of its PA-appointed religious functionaries — is yet another example of propaganda that would come under Article 20(2). The fact that this takes place in settings that receive Canadian funding, such as UNWRA-run facilities, make it all the more urgent that Canada ensure appropriate protections are built into UNCHR resolutions that deal with the topic.
There is some coverage of Article 20 issues in paragraph 17, which refers to Article 4 of the International Convention on the Elimination of all Forms of Racial Discrimination.xl However, there are states that are parties to the International Covenant on Civil and Political Rights (ICCPR), but not the International Convention on the Elimination of all Forms of Racial Discrimination (CERD). Calling on states to comply with their obligations under CERD says nothing to those states that are not parties to it.
As well, delegation of the important issues dealt with in Article 20 to just one paragraph relegates them to one side and marginalizes their importance, rather than integrating them into the resolution as a whole.
¤ Paragraph 6 of the last year’s UNCHR resolution should be amended to read:
“Recalls that the International Covenant on Civil and Political Rights states that the exercise of the right to freedom of expression carries with it special duties and responsibilities and may therefore be subject to sorption restrictions as set out in article 19 and 20 of the Covenant...”
The rest of the paragraph summarizes restrictions in article 19. That component should be revised to reflect as well the contents of Article 20.
¤ Paragraph 7 should be amended to read:
“Calls on states to refrain from imposing restrictions which are not consistent with the provisions of article 19 paragraph 3 or article 20 of the International Covenant on Civil and Political Rights...”
¤ Paragraph 13 should be amended where it urges governments
“to refrain from imposing restrictions on the free flow of information and ideas which are not consistent with the provisions of article 19 paragraph 3 or article 20 of the International Covenant on Civil and Political Rights...”
¤ Paragraph 15 should be amended where it urges states
“to refrain from imposing restrictions which are not consistent with the provisions of article 19 paragraph 3 or article 20 of the International Covenant on Civil and Political Rights on access to or use of modern telecommunications technologies, including radio, television and the Internet”.
¤ Canada should work for the inclusion of Article 20 ICCPR obligations on the same level as those covered under Article 19.
Table Of Contents
| Introduction
| The Need For Reform Of The UNCHR
| The UNCHR Agenda
| The Mandate of The Special Rapporteur
Canada’s Voting Record At The UNCHR
| Positions Of The Department Of Foreign Affairs
| Terrorism
| Racism And Racial Discrimination
Freedom Of Expression
| Conclusion
| Summary Of Recommendations
| Footnotes