Page 102 - Research & Innovation Report 2020

LAW

Steps to eliminate all forms of

racial discrimination

In October 2020, Prof Joanna Botha was one of twelve global experts to offer input at a seminar
addressing state obligations in terms of the International Convention on the Elimination of All
Forms of Racial Discrimination.

The International Convention on the Elimination of Racial to combat all forms of contemporary racism, including incitement
Discrimination (the ICERD) was adopted in 1965 and enforced in to racial and religious hatred,” says Prof Botha, who was supposed
1969. It is the oldest of the nine core UN human rights treaties and to travel to Geneva for the seminar but which instead had to be
commits all states who are party to it (currently 176, including South held virtually, because of the pandemic.
Africa) to take steps to eliminate all forms of racial discrimination
and to promote understanding amongst all races. “The purpose of additions to the main treaty would be to clarify
for countries what is expected of them in their domestic law, as
“Our recommendations for the ICERD to consider included new racism, hate speech, racial cybercrime and discrimination have
obligations and normative standards to guide states on how best become so prevalent in society that we may need a more specific
protocol to deal with these matters and to
clarify state obligations. Racial cybercrime and
mass migrations from war zones and areas hit
by climate disasters, for example, did not exist
when the ICERD was first enacted.

“The convention is particularly important
from a South African perspective given our
history of racial discrimination and the current
problems of inter-group and racial hatred in
our society.”

Prof Botha’s research addresses the regulation
of hate crimes and hate speech in the South
African context as well as the prohibition of
unfair discrimination. It also encompasses the
immensely complex issue of how this regulation
intersects with freedom of expression, equality
and dignity for the individual and for groups.

“The relevant standards for how our law should
respond to incidents of hatred is informed by
international law (the ICERD is an international
convention and the jurisprudence developed
thereunder creates international law). My
research is aligned with these standards, and
it is a privilege to be working with other global
experts in the field by contributing to the
development of international law.”

The experts attending the virtual seminar
Prof Joanna Botha addressed the following four key issues:

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