A/HRC/13/40
and curing it takes far longer than instigating it. The struggle against discrimination
must be intensified and given higher priority by all societies and at all levels as a key
human rights objective.
49.
Prevention is therefore key to creating an atmosphere of religious tolerance.
The structure of the State, its method of governance and educational policies, and the
commitment of Governments and societies to fundamental human rights are the
central ingredients that can act as precautionary factors in creating religious harmony
or contributing factors to religious friction. These principles also apply at the global
level. Religious bigotry is not confined to any one region, nor does it recognize
national boundaries. Denial — or perceived denial — of freedom of religion or belief
in one region or country can trigger reactions in another part of the world. The basic
principles of freedom of religion or belief must find equal respect in all societies. The
Special Rapporteur would like to reiterate that all human rights are universal,
indivisible and interdependent and interrelated.
50.
Through research, the information received by the Special Rapporteur,
exchange with experts, country visits and communications with States, some general
patterns and issues of concern can be identified (see paragraphs 33–47 above). There
are indeed several contentious issues that societies are trying to resolve. While some of
these religious issues are dealt with in a careful and well thought-out manner, other
issues have unfortunately been allowed to fester until the controversy erupts into
violence. However, there are also some good practices and innovative approaches with
regard to freedom of religion or belief that the Special Rapporteur continues to share,
inter alia, through her country mission reports.
51.
With a view to promoting the adoption of measures at the national, regional
and international levels to ensure the promotion and protection of the right to
freedom of religion or belief, the Special Rapporteur would like to present some ideas
for appropriate responses by various actors. Consequently, the Special Rapporteur
identifies the following measures and recommendations with regard to: (a) the role of
the State; (b) the role of religious leaders and civil society; and (c) the role of the
international community and human rights mechanisms.
A.
Role of the State
52.
States have the main responsibility for implementing international human
rights standards, including on the promotion and protection of freedom of religion or
belief. On the one hand, States must refrain from violating freedom of religion or
belief and, on the other hand, they also have the obligation to protect persons under
their jurisdiction from violations of their rights, including abuses committed by nonState actors. Measures should not only consist in prosecuting the perpetrators of such
acts and providing compensation to the victims, but also in devising specific
preventive action to avoid the recurrence of such acts in future.
53.
The legislative and executive branches should adopt non-discriminatory laws
and policies which aim at achieving equality. Domestic legislation must also be in
conformity with article 20, paragraph 2, of the International Covenant on Civil and
Political Rights. Indeed, incitement to religious hatred can be an indicator of emerging
tensions and the relevant authorities should find the most effective ways to protect
individuals against others’ advocacy of hatred and violence. In this regard, an
independent and impartial judiciary, which examines each case on its own merits, is
vital to ensuring that neither religious freedom nor freedom of expression is unduly
restricted.
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