ARTICLE-19-policy-on-prohibition-to-incitement

a generous response in those who have
been victimised and indeed de-humanised
in the past.
The involvement of victims and their
perspective is also important for dialogue
and for the education of society.
Importantly, some truth and reconciliation
commissions (e.g. in South Africa) were
also charged with developing a long term
<strong>policy</strong> of reparations and recommendations
for state policies in this area. The truth
and reconciliation processes also allowed
for transparency in the hearing s (opening
them to the media and general public)
which meant that truth telling, healing and
reconciliation were not confined to a small
group but were available to the population
at large. Prior to these processes, certain
groups in society had very little or no
experience or contact with “the other side.”
As a result, they believed that division and
their own supremacy must be part of the
solution of the problems, enabling them
to retain an image of themselves as the
protectors of certain established values
or, alternatively, they were in denial of
the reality.
Other measures
In order to ensure uniform and consistent
interpretation of the key principles of
incitement prohibitions and implementation
of the six-prong test outlined above,
<strong>ARTICLE</strong> <strong>19</strong> also recommends that States
pay special attention to additional measures
when adopting methods of prohibiting and
sanctioning incitement.
Training on incitement standards
<strong>ARTICLE</strong> <strong>19</strong> believes that the judiciary, law
enforcement authorities and other bodies
must be provided with comprehensive and
regular training on incitement standards.
<strong>ARTICLE</strong> <strong>19</strong> believes that the role of the
courts and law enforcement agencies is
crucial in the implementation of obligations
to prohibit incitement, whether or not there
is express legislation or jurisprudence on
incitement. We emphasise in this regard
the obligations which stem from the ICCPR
and apply, not only to the executive and
legislative arms of the state, but also to
the judiciary as indicated by international
authorities and jurisprudence.
Considering the perspective
of victims
<strong>ARTICLE</strong> <strong>19</strong> recommends that courts, law
enforcement authorities and public bodies
should also consider a range of sources
when addressing incitement cases through
criminal law sanctions.
The perspective of victims should be
considered in criminal law proceedings:
we observe that in such proceedings,
it is the State (prosecution or police)
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