E/CN.4/2004/63/Add.1 page 22 Orthodox Church which uses the State as its organ. In any event, the Special Rapporteur feels that the political use of religion as a tool is just as pernicious as the religious use of politics and that, in the case of Georgia, the constitutional agreement has not helped matters. 117. The Special Rapporteur recommends care on the part of the authorities to ensure that the practical application of the constitutional agreement and other relations between the two institutions do not give rise to confusion between the powers of the State and the Church that might affect the rights of the country’s religious minorities. 118. On the subject of statements and speeches arousing religious hatred, the Special Rapporteur refers to article 20 of the International Covenant on Civil and Political Rights and stresses that the principle of freedom of speech cannot serve to justify a failure to take action against individuals who make such statements. Like a number of other rights, freedom of expression is restricted not only by article 20 of the Covenant but also by article 5. 119. The Special Rapporteur draws the Government’s attention to the fact that no one should use a political platform to spread messages of religious intolerance; if anyone does, the national authorities should invoke the proceedings established by law to waive the immunity of the individuals behind such conduct. 120. The Special Rapporteur also stresses that freedom of speech does not authorize the press to broadcast messages which might constitute incitement to religious hatred. Incorrectly used and/or used to illegal ends, the press can be a potent vector of intolerance, religious and otherwise; the Special Rapporteur advises the competent authorities to be strict in applying the principle laid down in article 20 of the International Covenant on Civil and Political Rights and to take appropriate steps for the swift prosecution of anyone who commits a criminal offence of this kind. 121. Regarding religious intolerance and education, the Special Rapporteur has noted with much concern that intolerance and, sometimes, religious violence occur in schools. He refers again on this topic to the recommendations made at the beginning of this chapter and emphasizes that in matters of the principle of freedom of religion or belief and minors, the competent authorities should not confine themselves to intervening when there is serious physical violence. A whole series of actions, prima facie benign or not immediately punishable under criminal law, may together amount to substantial encroachment on the exercise of freedom of religion or belief and should, as such, be taken seriously by the authorities. 122. The Special Rapporteur is still more concerned, however, over messages in schoolbooks produced under the direct responsibility of the Government which clearly run counter to religious tolerance and urge their intended readers to reject anyone who claims to be part of one of the non-“traditional” religious minorities which the books in question