90 Hate Speech Ignited: Understanding Hate Speech in Myanmar hibit these types of hate speech.588 Hate speech, however, also includes speech that is “considered harmful, offensive, objectionable or undesirable,” which may not be criminalized but still should be combatted by the state.589 Prohibitions on incitement At the root of efforts to counter hate speech are the principles of equality, dignity, and non-discrimination, which lie at the heart of the international human rights law. The human rights standards regarding hate speech regulation start with Article 20(2) of the International Covenant on Civil and Political Rights (“ICCPR”) and Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (“ICERD”).590 Article 20(2) the ICCPR prohibits “advocacy of national, racial religious hatred that constitutes incitement to discrimination, hostility or violence.”591 Article 4 of ICERD states that, “all propaganda . . . based on ideas of theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form.”592 ICERD requires states to “adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end . . . declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin.”593 The Rabat Plan of Action further defines and sheds light on several important terms: “Hatred” and “hostility” refer to intense and irrational emotions of opprobrium, enmi- ty and detestation towards the target group; the term “advocacy” is to be understood as requiring an intention to promote hatred publicly towards the target group; and the term “incitement” refers to statements about national, racial or religious groups which create an imminent risk of discrimination, hostility or violence against person belonging to those groups.594 Human rights law regarding hate speech also makes clear that freedom of expression can only be limited in “extreme cases, such as incitement to genocide and incitement to hatred.”595 There is a critically important focus on “incitement.” For example, in discussing “two key elements” of Article 20(2) of the ICCPR, for example, a UN Special Rapporteur said: [F]irst, only advocacy of hatred is covered, and second, it must constitute incitement 588 589 590 591 592 593 594 595 to one of the three listed results. Thus, advocacy of national, racial or religious hatred Ibid. Ibid. United Nations General Assembly, International Covenant on Civil and Political Rights (December 16, 1966), art. 20(2) [hereafter “ICCPR”]; United Nations General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination (December 21, 1965), art. 4 [hereafter “ICERD”]. ICCPR, art. 20 (2). ICERD, art. 4. Ibid. Rabat Plan of Action, appx. footnote 5. A/67/357, para. 75.