A/HRC/10/8
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12. In paragraph 79 of the Durban Programme of Action, States are called on to, inter alia,
promote and protect the exercise of the rights set out in the Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief in order to obviate
religious discrimination which, when combined with certain other forms of discrimination,
constitutes a form of multiple discrimination. In this regard, the Special Rapporteur regrets that
she still receives reports of religious intolerance and acts of violence against members of certain
religious or belief communities. Concerning concrete measures and initiatives for combating and
eliminating all manifestations of racism, racial discrimination, xenophobia and related
intolerance, she referred the Preparatory Committee to the above-mentioned initiatives in the
field of education. Likewise, she encouraged initiatives of interreligious and intra-religious
dialogue aiming at the promotion of respect for religious diversity within pluralist societies. In
cooperation with the Special Rapporteur on the promotion and protection of freedom of opinion
and expression and the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, the Special Rapporteur on freedom of
religion or belief addressed the issue of dissemination of expressions that offend certain
believers. While not a new phenomenon, the three special rapporteurs acknowledged that,
following the events of 11 September 2001, tensions in inter-community relations have been
exacerbated. In that context, joint press releases have been issued by the three mandate-holders.
They noted that, while peaceful expression of opinions and ideas should always be tolerated, the
use of stereotypes and labelling that insult deep-rooted religious feelings do not contribute to the
creation of an environment conducive to constructive and peaceful dialogue among different
communities.
13. At the international level, the Special Rapporteur took part in an expert seminar organized
by the Office of the United Nations High Commissioner for Human Rights on the theme
“freedom of expression and advocacy of religious hatred that constitutes incitement to
discrimination, hostility and violence”, held on 2 and 3 October 2008 in Geneva. Invited to
address the issue of limits and restrictions to freedom of expression, she contended that there was
an obligation for States to act upon advocacy of religious hatred that constitutes incitement to
discrimination, hostility or violence. She also emphasized that Governments had several tools at
their disposal to counter religious intolerance, for example via interreligious and intra-religious
dialogue, and education.
14. States have a delicate role to play in legislating or devising policies in matters of religion
or belief. Violent acts perpetrated in the name of religion must not be extended to any form of
impunity. Any legislation or policy designed to combat religious discrimination must be
all-inclusive, carefully crafted and implemented in a balanced manner to achieve its objectives.
There may yet be cases of intolerant religious behaviour that do not constitute violations of
human rights but which may still give rise to religious polarization and disturb social cohesion.
The Special Rapporteur specifically cautioned against excessive or vague legislation on such
religious issues, which may create tensions and problems rather than solving them. From her
mandate experience, she pointed out that the implementation of such national legislation had
often fostered more polarization rather than protect religious minorities. Furthermore, she
stressed that each particular case could only be adjudicated according to its own circumstances,
and also referred to the role of the judiciary as vital in providing a means of legal redress to
victims of human rights violations. In conclusion, she affirmed that more consultation was
needed, especially concerning the implementation of existing standards at the domestic level.