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03 May 2001

3 May 2001




Address of Mr. Jyoti Shankar Singh,
Executive Coordinator,
World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance,
for the UNESCO Programme for
Freedom of Expression, Democracy and Peace

Windhoek, Namibia, 3-5 May 2001



Chair, Ladies and Gentlemen,

Introduction

Let me first thank UNESCO for having invited Mary Robinson, Secretary General of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and UN High Commissioner for Human Rights, to participate in this important award ceremony in honour of the freedom of the press. Owing to prior commitments, the High Commissioner regrets that she could not attend. She sends her best wishes for a successful meeting and she has asked that I participate on behalf of the World Conference Secretariat.

In the limited time we have, I should like to highlight only a few major points concerning the critical issue of the freedom of press in the context of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, from 31 August to 7 September this year.

The upcoming World Conference shall endeavour to identify the most acute problems relating to racial discrimination and to recommend, through a declaration and programme of action, concrete measures to solve these problems. To pave the way for World Conference discussions, and in line with the relevant resolutions of the UN General Assembly and Commission on Human Rights, our Office has conducted an extensive consultative process. Preparatory meetings have been held in all regions at basically three levels in the form of intergovernmental meetings, expert seminars and NGO fora, as the World Conference in Durban approaches.

The conclusion and recommendations of each meeting can be accessed on our World Conference against Racism web site and I shall not dwell in any detail on these. However, I wish to share with you a few major concerns about the role of the media and the Internet that have been expressed by NGOs, individual experts, Governments and international agencies, in the course of the World Conference preparatory process.

Right to a Free Press versus Right to be Free from Hate Speech

A major theme continues to be the perennial dilemma between, on the one hand, the right to a free press - a right closely related to the right to freedom of opinion and expression and other democratic freedoms - and on the other hand, the right to be free from hate speech, ie., the right not to be subject to incitement to racial hatred or ridicule. The rights to express and receive information and opinion without prior restraint from any public authority remain basic pillars of democratic freedom and choice. We all know that censorship has been used frequently by those in power to suppress political dissent and enforce the status quo rather than to protect society or minorities. On the other hand, no jurisdiction considers freedom of speech an absolute right. It is illegal to yell AFire@ in a crowded theatre unless such alarm is warranted. Courts have never admitted freedom of speech as a defence to criminal charges involving public mischief or serious threat to the public interest.

The different approaches in various jurisdictions to the issue of hate speech depend much upon the degree to which domestic public opinion and law recognize incitement to racial hatred as a threat not only to the individuals or groups targeted, but also to society in general, democracy and the rule of law.

The advent of powerful international mass media organizations, and more so, the Internet as a widely available instrument of exchanging information and opinion, have further sharpened the dilemma between free speech and non-discrimination. In World Conference preparatory meetings, individuals, NGOs, experts, Governments, and international agencies in all regions expressed concern at the alarming proliferation of Internet hate sites. Many of these sites target youth and attempt to persuade them to adopt blatantly racist attitudes.

Radio and TV stations in several countries have also propagated ethnic hatred. The case of Radio Milles Collines which incited Hutus in Rwanda to massacre their Tutsi neighbours during the 1994 Civil War and a similar role of certain radio and TV stations in other countries, demonstrate the power of media to instigate the mass commission of serious violations of human rights.

Furthermore, the rapid spread of the Internet and the rise of international mass media transmission facilities mean that the dissemination of information and opinion is no longer as localized at it once was. This explains why the World Conference against Racism is an appropriate forum for discussion on freedom of the press and racial discrimination. An Internet site or media organization based in one country with lax or non-existent laws to protect racial minorities against racial hatred, can affect people in other countries as well. The spread of information and opinion has never been so easy nor so inexpensive.

Ultimately however, it is problematic for any public authority to rely on regulation because of the chilling effect this has on freedom of speech and of the press. Eradicating the virus of racial discrimination can perhaps be better achieved through inoculating young people through positive Internet messages of multiculturalism, tolerance and respect for diversity, in other words, by introducing a kind of immunization through information.

Another antidote is to encourage all actors, particularly civil society, to mobilize public opinion against the spread of racial incitement. If the virus cannot be entirely wiped out immediately, the international community can at least aim to prevent the onset of racial intolerance before it reaches epidemic proportions by exposing it to the palliatives of multicultural tolerance and respect.

Right of All to Fair and Equal Access to a Free Press in an Era of Globalization
Another important issue is the right of all peoples to enjoy fair and equal access to the press. Globalization is bringing peoples and cultures closer together through the intensification of transnational economic and political relations. However, this process does not in and of itself correct the problem of power differentials among groups of people and in fact may exacerbate disparities in income, wealth and opportunity.

Globalization is facilitating the capacity of international media organizations to convey news and opinion instantaneously - but with this power comes greater social responsibility. One of these responsibilities is to portray the multicultural reality that is our world and to ensure that cultural diversity is fairly and accurately reflected. In this sense, media organizations can consider supporting campaigns against racism, so that in future, free speech is not understood to include the right of some to incite racial hatred against others.

In a number of countries, media organizations themselves are seeking to sensitize their own staff to the predicament and rights of minorities. In this context, some of them have established self-regulatory mechanisms, guidelines or a code of conduct.

Of course, there are many other issues which cannot be explored here today in all their intricacy and implications. However, the World Conference preparatory process indicates one thing for certain: that the international community recognizes that the media and the Internet have both strong potential negative and positive roles vis-à-vis the problem of racism.

The challenge of the World Conference will be to find constructive concrete and sustained ways to fight racism, racial discrimination, xenophobia and related intolerance and to promote the message of tolerance and respect for diversity.


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