A/HRC/7/19
page 15
incitement to racial and religious hatred. Furthermore, the ideological context is characterized by
the emergence of rhetoric based on the notion of a conflict of civilizations and religions, as
reflected in the discourse of certain political, intellectual and media elites. In legal terms, the
impact of these trends has encouraged the emergence of a hierarchical, antagonistic and
non-dialectic interpretation of fundamental freedoms and the non-recognition of the
complementarity, balances and limitations meticulously established by the relevant international
instruments, in particular the International Covenant on Civil and Political Rights and the
International Convention on the Elimination of All Forms of Racial Discrimination.
53. The main challenge is now to define the threshold for legitimately restricting freedom of
expression in order to protect the victims. In the recommendations contained in the joint report
of the Special Rapporteur and the Special Rapporteur on freedom of religion and belief, which
concerned incitement to racial and religious hatred and the promotion of tolerance,9 the experts
invite the Human Rights Committee “to consider the possibility of adopting complementary
standards on the interrelations between freedom of expression, freedom of religion and
non-discrimination, in particular by drafting a general comment on article 20” of the Covenant.10
To this end, the Special Rapporteur is considering the organization, in cooperation with other
mandate-holders, of an international seminar - for lawyers, the media, politicians, representatives
of civil society and the United Nations mechanisms concerned - in order to propose principles
and ways and means of strengthening the complementarity of freedom of expression, freedom of
religion and belief, and the discouragement of racial, ethnic or religious hatred.
C. Religious intolerance
54. Throughout his term of office, the Special Rapporteur has highlighted one of the central
causes of the resurgence of racism and its increasing complexity: the conflation of racial, cultural
and religious factors. He has consequently paid special attention to the increase in anti-Semitism,
Islamophobia and Christianophobia, and hostility to other spiritual and religious traditions. His
most recent report on combating defamation of religions,11 which was submitted to the Human
Rights Council at its sixth session, must be seen in the context of his earlier reports to the
Commission on Human Rights on the situation of Muslim and Arab peoples in various parts of
the world, in which he stressed the violence and attacks targeted on their places of worship,
cultural centres, businesses and property following the events of 11 September 2001.12 His report
entitled “Defamation of religions and global efforts to combat racism: anti-Semitism,
Christianophobia and Islamophobia”13 confirms this worrying trend.
9
A/HRC/2/3.
10
Ibid., para. 61.
11
A/HRC/6/6.
12
E/CN.4/2003/23, E/CN.4/2005/19 and E/CN.4/2006/17.
13
E/CN.4/2005/18/Add.4.