Irene Khan, the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, announced that she would present her report on global threats to freedom of expression arising from the conflict in Gaza to the General Assembly’s Third Committee on 17 October 2024.

What the report covers

The report documents killings of and attacks on journalists reporting on war crimes in Gaza and the occupied West Bank. It also sets out what the Special Rapporteur describes as alarming patterns of unlawful, discriminatory and disproportionate restriction on public advocacy for Palestinian rights in many Western countries — the suppression of public debate, of protest, of academic research and of artistic expression. Legitimate political expression on Palestine is, she finds, censored both online and offline in the name of fighting terrorism and antisemitism.

Her conclusion is that such double standards — by governments, by social media companies and by universities — are dangerous and short-sighted. Everyone has an equal right to freedom of opinion and expression, and when that right is upheld equally for all it becomes a tool for fighting hate, encouraging dialogue and building mutual respect.

Points of note in the report

• The report raises serious concern that the IHRA “working definition” of antisemitism contravenes international standards on freedom of expression, and yet is heavily promoted — adopted by 43 states and used in practice as a quasi-legal basis for restricting expression. The previous Special Rapporteur on contemporary forms of racism found that definition to be divisive and politically instrumentalised. Counter-proposals have been developed by Jewish scholars and experts on antisemitism.
• In light of the ICJ advisory opinion of July 2024, the report says states should repeal, or refrain from adopting, laws and policies that penalise opposition to, or impede advocacy against, Israeli occupation and segregation — including anti-BDS laws.
• It recommends that the International Criminal Court prioritise its investigation into the killing of journalists in the occupied Palestinian territory.
• It recommends that the Human Rights Council consider a cross-mandate, multi-stakeholder discussion on anti-Palestinian racism and the equal protection of human rights for vulnerable groups in a highly polarised environment.

Irene Khan’s announcement, with a link to the full report.

Shared by the South African Muslim Network (SAMNET) in the interest of freedom of opinion and expression, international justice, law and human rights.