A/HRC/40/58 The initiatives and strategies that have been developed over the past decade, such as those contained in the Rabat Plan of Action, which seek to operationalize States’ obligations to respond to the advocacy of religious hatred as provided under article 20 of the Covenant, should continue to guide Governments and civil society actors in their ongoing efforts. At the same time, the Special Rapporteur recognizes the difficulties in making headway on implementation of such initiatives and strategies, given the complex and emotive nature of the views surrounding this issue, as well as the high stakes at hand, including protections for myriad human rights and freedoms, as well as peace and security. As such, it may be useful to assess the severity of the impact of such laws which render their application particularly problematic, as well as the conditions which make the repeal of these laws difficult. The adoption of a triage-based approach by the international community may allow for actors to identify the most pressing priorities, which warrant more immediate responses, from among those which require redress but may allow for a less immediate response. Such an approach, however, is not a substitute for the repeal of all restrictions on the freedom of expression based on religion or belief that do not satisfy the requirements of the limitations regime under article 19 (3) of the Covenant. Rather, it must be pursued as a means to expedite full compliance with international human rights standards. 58. First, for example, in examining the impact of prohibitions on expression involving religion or belief, Governments may wish to take a victim-based approach in examining their penalties. In some jurisdictions, capital punishment is the penalty for violating such prohibitions, while in other jurisdictions the penalties are less draconian. Repealing those laws that put lives at risk must be given the highest priority. Moreover, where domestic laws provide for the death penalty for religious offence, it is more likely that the existence of such laws will encourage vigilante mobs or zealots to murder those alleged to have violated those laws. 59. Second, actors must consider increasing the safeguards against spurious charges or other forms of abuse of these measures in order to protect against widespread arbitrary detention of individuals who have exercised protected forms of expression under international law. In some jurisdictions, allegations can be made without demonstrating the veracity of the claim and decisions to press charges may be taken without due regard for the facts of the case. 60. Third, there is an urgent need to improve protections against discrimination in cases involving the politicization of religion, which often victimizes those who do not belong to the majority or established religion. The more closely that religion and State are intertwined, the more likely that dissenters and minorities will be a target for discrimination, hostility and violence. The absence of equal protection for minorities and dissenters, combined with policies and practices that undermine guarantees of equal citizenship and thus foster marginalization and exclusion, make those communities particularly vulnerable to those seeking to perpetrate offences against them. 61. Fourth, countries must assess existing laws and measures for any vagueness of formulation, for example, the use of terms such as “defile persons”, protecting “objects of veneration” and offending “by innuendo” or “indirectly”, and review and redress laws and measures which do not stress the importance of mens rea (the reasonably evident presence of intent) as a necessary element in assessing guilt and punishment. The absence of the element of intent in formulating the definition of an offence, whether in the case of blasphemy or incitement to violence, has often resulted in erroneous convictions. 62. A fifth factor is the lack of judicial independence and consequent violations of due process rights which often arise in cases involving persons who may have challenged the orthodox views of the State or whose expression of views involving religion or belief threatens the power of the authorities. 63. Limited State powers, whereby parts of the country are beyond the effective control of the Government, where there is generalized disregard for the rule of law, or where fanaticism on issues related to religion or belief cripple the ability of the 64. 16