A/HRC/37/49/Add.2
(f)
Review and revise all provisions relating to freedom of religion or belief
in the Criminal Code and the Code of Administrative Offences to conform with article
18 of the International Covenant on Civil and Political Rights and other relevant
international human rights standards. Voluntary same-sex relationships should be
decriminalized;
(g)
Review vague definitions of “extremism” as the overly broad range of
offences concerning religious activities may have a negative impact on freedom of
religion or belief, in conjunction with the freedoms of expression and of assembly. The
current definitions should be replaced by clear and narrow definitions. The Rabat
Plan of Action on the prohibition of advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence 5 can provide
practical guidance in that regard. The draft law on countering extremism should be
opened to public consultation, comments and debate before its adoption;
(h)
Review the cases of all persons imprisoned on vague charges of
“religious extremism”, “anti-constitutional” activity or membership in an “illegal
religious group” and release all prisoners of conscience. The arbitrary practice of
extending jail terms must end immediately or each case must be subject to a full
review with the guarantee of due process. A mechanism for redress and compensation
to those prisoners of conscience must also be established and all relevant State
institutions and the Supreme Court should ensure that the measures for rehabilitation
and reintegration of former prisoners of conscience include immediate and full
reinstatement of their civil political and economic social rights;
(i)
Stop resorting to various intrusive surveillance measures, including
inscription on “preventive or supervision” lists by National Security Service agencies,
law enforcement officers or Mahalla committees. The practice of randomly putting
individuals on a “monitoring” register, often based on unsubstantiated suspicion,
should be discontinued and all those currently on the register should be reviewed.
Trust-building projects should be implemented among the communities;
(j)
Encourage the promotion of literacy with regard to religions and
freedom of religion or belief through the newly established Al-Bukhari International
Research Centre and the Centre of Islamic Civilization. The State should also move
beyond the confines of traditional religious or ethnic communities and promote crossboundary dialogue. The Toledo Guiding Principles should be used to develop religious
education programmes and women, including female theologians of different
denominations, should play an active role in such dialogue and programmes. That
could serve as a signal to further broaden the understanding and acceptance of
diversity within society;
(k)
Further strengthen the institutional setting of human rights protection,
for instance, by establishing a national human rights institution that is fully
compatible with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles);
(l)
Recognize freedom of religion or belief as an inherent right for everyone,
including prisoners. The Nelson Mandela Rules should be consistently applied in all
prisons and the Government should ratify the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
as discussed.
5
See A/HRC/22/17/Add.4, annex.
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