E/CN.4/1992/52
page 168
(g)
Steps taken by Governments against the expression of extremist or
fanatical opinions
147. The majority of the Governments responding to the questionnaire indicated
that the expression of such opinions had never taken place and that therefore
no legal measures existed to counter such behaviour. The absence of extremist
or fanatical opinions is attributed to the freedom of religious worship in the
countries concerned, as well as to the religious homogeneity of the population.
A number of Governments also invoked their obligations under international
human rights instruments. Most stated that the constitution and penal code
provided for adequate protection of citizens against any incidents of this
nature.
148. In its reply to the questionnaire, the Government of Uruguay stated
that its Penal Code had been amended to qualify as a separate offence criminal
behaviour on racial or religious grounds after a very serious incident of this
nature had occurred. The Government of Tunisia stated that the Press Code
and the Act relating to the organization of political parties provided for
penalties for insults against an "authorized religion". The Government of
Canada stated that the Canadian Human Rights Act, the Criminal Code and the
Radio and Television Broadcasting Regulations punished the wilful promotion of
hatred against an identifiable group and prohibited the abusive treatment of
an individual or group on the basis of a number of characteristics, including
religion.
149. The Government of Israel stated that citizens were protected against
abuses stemming from religous intransigence or intolerance by the Basic Laws,
such as the Defamation Law of 1965 which is said to be an effective deterrent
to public expressions of religious discrimination. The Penal Law covered
offences against sentiments of religion and tradition. The Government of
the United States of America indicated that the Congress had passed a bill
concerning "hate crimes" arising from religious and other forms of prejudice.
150. The Special Rapporteur has noted that while he has received numerous
allegations of religious intransigence and intolerance since the beginning of
his mandate, there is a notable absence of reference to such occurrences in
the Governments' replies to the questionnaire. Incidents of this nature which
were reported to the Special Rapporteur mainly concerned occasions when the
competent authorities are said to have remained inactive when unequivocally
extremist or fanatical opinions were being expressed. On the other hand, the
Special Rapporteur has also expressd deep concern when the author of a book
expressing views considered to be offensive by followers of Islam received a
death sentence from the highest authority of the Islamic Republic of Iran.
(h)
Remedies available to victims of religious intolerance and discrimination
151. Most Governments indicated that basic protection in such cases is
provided by the constitution, basic law and penal code and that victims of
offences stemming from their religion or belief could have recourse to both
domestic judicial and administrative remedies and could also address themselves
to international human rights bodies.