A/HRC/2/3
page 4
1. The current political and ideological context
5.
Two key dimensions of the current ideological context constitute determining factors in
the incitement to racial and religious hatred and in the political reading, interpretation and
implementation of article 20 of the International Covenant on Civil and Political Rights: the
impact of the combat against terrorism on human rights and the emergence of new forms of
discrimination.
6.
The combat against terrorism, in the aftermath of the events of 11 September 2001, has
had two consequences whose scope is deeply transforming the whole fabric of international
relations. A major negative impact is the trend and sometimes the ideological position of many
Governments to consider that the security of the country and its people constitute the sum and
substance of all human rights. Thus, all human rights guaranteed by international instruments
are interpreted and implemented in the light of their relevance and contribution to the fight
against terrorism. The respect and exercise of these rights are generally accompanied by
restrictions and limitations. The fundamental value legitimizing these restrictions and limitations
is the basic foundation governing the “living together” of all societies: the respect of the rights
of others. The new ideological context is undermining precisely this ethical pillar of civilized
society: restrictions and limitations are no longer considered valid and are indeed regarded as
hindrances or obstacles to the priority of fulfilling one’s ideological and political interest. Each
human right is now being interpreted and implemented as an absolute and isolated principle
according to this interest. The principles of contradiction and confrontation, rather than the
principles of conciliation and accommodation, are progressively determining the approach to and
the reading of the different human rights.
7.
The emergence of new forms of discrimination also constitutes a negative consequence
of the priority given to the combat against terrorism. The ethnic, cultural and religious
background of the perpetrators of the events of 11 September 2001 has revived and relegitimized
historic forms of discrimination. Entire communities - cultural and religious groups - have been
since depicted as potential terrorists. The new dimension of discrimination is structured around
two intellectual and political mechanisms: the collective responsibility for individual acts and
the amalgamation of the factors of race, culture and religion. Discrimination is practised based
on the two main national issues that Governments consider to be threatened by terrorism:
security and identity. In this regard, with the proclaimed motivation of preserving national
security, Governments have adopted policies gradually curtailing or disregarding civil and
political rights or selecting those rights more fitting to that goal. In the same spirit, on the
grounds of protection of national identity, cultural, social and economic rights, particularly those
guaranteeing the rights of national minorities, immigrants and foreigners, are deliberately
violated or marginalized. Rights related to culture and religion are particularly targeted. A
major consequence of the impact of the combat against terrorism on human rights has been the
marginalization of the Durban Declaration and Programme of Action.
8.
The understanding of this political and ideological context, which favours the incitement
to racial and religious hatred, is key in the analysis of the close link existing between the issue of
defamation of religions and the right to freedom of expression. This is indicated by the latest
controversies about the caricatures of the Prophet Muhammad published by the Jyllands-Posten
newspaper in Denmark. The political and ideological approach to human rights has been