Freedom of Expression is mentioned in three of the 250 paragraphs of the draft Durban Review outcome document.

Section 1 : Review of Progress of the DDPA

(See Annex for full text)

Paragraph 5 notes the “impunity of freedom of expression” as a tool undermining the DDPA’s objectives.

Paragraph 25 speaks about holding “fair trials” to determine which freedom of expression is allowed and which is not.

Paragraph 28 stresses that the fight against religious hatred and discrimination should not legitimize impermissible limitations to freedom of expression.

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ANNEX :

Section 1 : Review of Progress of the DDPA

5. Notes that other obstacles hampering progress in the collective struggle against racism and racial discrimination include weak legislation and policies, lack of effective strategies, lack of implementation of international legal framework and commitments, impunity on different grounds – including freedom of expression, counter-terrorism, and national security – as well as an increase in extreme right wing xenophobic political platforms. Hence the need to deal with this menace in all its forms and manifestations with all available tools at our disposal; (merger paras 189, 336 section 1);

25. Condemns any advocacy of racial or religious hatred which constitutes incitement to discrimination, hostility or violence, and recognizes that only a competent, independent and impartial tribunal established by law may determine, case by case, in a fair and public hearing, whether the facts presented qualify as incitement to racial or religious hatred; (merger paras 41, 59, 229 section 1)

28. Reaffirms a holistic approach to human rights guaranteeing the indivisibility of all human rights, and stresses that the fight against racial and religious hatred should not serve as a pretext to legitimize impermissible limitations to freedom of expression; (merger paras 326, 327, 58 section 1)