A/HRC/2/3
page 3
Introduction
1.
The present report is submitted by Asma Jahangir, Special Rapporteur on freedom of
religion or belief, and Doudou Diène, Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, pursuant to Human Rights Council
decision 1/107 entitled “Incitement to racial and religious hatred and the promotion of
tolerance”. In its decision, the Human Rights Council, “taking into account the statements made
during its first session expressing deep concern over the increasing trend of defamation of
religions and incitement to religious hatred and its recent manifestations”, decided to request the
Special Rapporteur on freedom of religion or belief and the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance “to report to its next
session on this phenomenon, in particular its implications for article 20, paragraph 2, of the
International Covenant on Civil and Political Rights”.
2.
This report is divided in three parts. In the first part the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance
analyses the phenomenon of defamation of religions and incitement to racial and religious hatred
as manifestations of contemporary forms of racism, racial discrimination, xenophobia and related
intolerance. In the second part, the Special Rapporteur on freedom of religion or belief addresses
the issue of defamation of religions and the right to freedom of religion or belief. The
conclusions and recommendations are reflected in the third part of the report.
I.
DEFAMATION OF RELIGIONS AND INCITEMENT TO RACIAL AND
RELIGIOUS HATRED AS MANIFESTATIONS OF CONTEMPORARY
FORMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA
AND RELATED INTOLERANCE
3.
In its resolutions 2002/9 of 15 April 2002, 2004/6 of 13 April 2004 and 2005/3
of 12 April 2005 on combating defamation of religions, the Commission on Human Rights
requested the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance to examine the situation of Muslim and Arab peoples in
various parts of the world, with special reference to physical assaults and attacks against their
places of worship, cultural centres, businesses and properties in the aftermath of the events of
11 September 2001. The Special Rapporteur has submitted three reports on the issue for
consideration by the Commission on Human Rights (E/CN.4/2003/23, E/CN.4/2005/19,
E/CN.4/2006/17). Pursuant to Commission on Human Rights resolution 2004/6 and
General Assembly resolution 58/160, he also produced a report specifically on the issue of
defamation of religions, entitled “Defamation of religions and global efforts to combat racism:
anti-Semitism, Christianophobia and Islamophobia” (E/CN.4/2005/18/Add.4).
4.
For the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance, the analysis of the increasing trend in defamation of
religions cannot be dissociated from a profound reflection both on the current political and
ideological context and on the ominous trends of racism, racial discrimination, xenophobia and
related intolerance which in turn fuel and promote racial and religious hatred, and on the
specificities and commonalities existing among different manifestations of defamation of
religions.