A/HRC/25/58
religious or belief convictions, in particular as regards religious minorities or people with
dissenting views. In this context, the Rabat Plan of Action provides: “At the national level,
blasphemy laws are counter-productive, since they may result in de facto censure of all
inter-religious or belief and intra-religious or belief dialogue, debate and criticism, most of
which could be constructive, healthy and needed. In addition, many blasphemy laws afford
different levels of protection to different religions and have often proved to be applied in a
discriminatory manner.”25 The Rabat Plan of Action therefore recommends that “States that
have blasphemy laws should repeal them, as such laws have a stifling impact on the
enjoyment of freedom of religion or belief, and healthy dialogue and debate about
religion.”26 The Special Rapporteur would like to confirm that, according to his
experiences, blasphemy laws typically have intimidating effects on members of religious
minorities as well as on critics or dissenters.
60.
The Rabat Plan of Action certainly contributes to an understanding of article 20,
paragraph 2, of the International Covenant on Civil and Political Rights, in full appreciation
of the significance of freedom of expression and other freedoms. This implies that
restrictive legal measures can play a necessary, but only limited, role in preventing or
reacting to incidents of incitement. As a consequence, States and other stakeholders should
develop more holistic policies that include non-restrictive and non-prohibitive activities:
“To tackle the root causes of intolerance, a much broader set of policy measures is
necessary, for example in the areas of intercultural dialogue — reciprocal knowledge and
interaction —, education on pluralism and diversity, and policies empowering minorities
and indigenous people to exercise their right to freedom of expression.”27
61
Indeed, one of the most remarkable messages contained in the Rabat Plan of Action
is that what we require above all in order to prevent and respond to incidents of incitement
to hatred are policies which promote a creative and productive use of freedom of
expression. For instance, in order to challenge advocates of religious hatred in their claims
to speak in the name of “the silent majority”, it is important that the majority does not
remain silent. Civil society activities which visibly and audibly reject advocacy of religious
hatred that constitutes incitement to discrimination, hostility or violence can have very
practical effects in discouraging such advocacy, while at the same time showing solidarity
and support for their targets. In any such activities, the gender dimension warrants special
attention, as women frequently suffer from complex and intersectional stigmatization which
renders them particularly vulnerable to hate propaganda and concomitant manifestations of
contempt.
62.
The Rabat Plan of Action specifically calls upon political and religious leaders to
speak out firmly and promptly against intolerance, discriminatory stereotyping and
instances of hate speech.28 They should also refrain from using messages of intolerance or
expressions which may incite to religious violence and lead to manifestations of collective
religious hatred. Religious leaders can play a critical role in societies at risk of large-scale
violence, by spreading positive messages of acceptance, reconciliation, peace and respect
for diversity.29
63.
Other measures recommended in the Rabat Plan of Action include voluntary ethical
guidelines for media reporting and self-regulatory supervision, support for community
media, facilitation of a non-discriminatory participation of religious minorities within
25
26
27
28
29
Ibid., para. 19.
Ibid., para. 25.
Ibid., para. 37.
Ibid., para. 36.
Report of the Special Rapporteur on freedom of religion or belief (A/HRC/13/40), para. 60.
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