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facilitating State-to-State dialogue and the sharing of experiences on best practices
and lessons learned from implementing the action plan set out in paragraphs 5 and 6
of the resolution. The process focuses on novel, constructive and context -based
approaches to combating religious intolerance, including advocacy of religious
hatred constituting incitement. In this regard, approaches that support data-driven
analysis and qualitative information and illustrate the impact of national initiatives
and mechanisms aimed at combating religious intolerance are absolutely essential.
55. The full potential of the Istanbul Process remains untapped. To date, six
conferences have been held in various countries since the adoption of resolution
16/18, and the Special Rapporteur regrets that there is no clarity as to when and
where the seventh meeting will be convened. The formats, contexts, participants and
agendas for the meetings have varied widely. Some have served as opportunities for
sharing success stories and generating recommendations for achieving the goals
expressed in the resolution, while others have been criticized for lacking inclusivity,
failing to comprehensively examine various parts of the resolution or re -engaging in
polarizing debates.
C.
Rabat Plan of Action
56. The Special Rapporteur confirms his support for the Rabat Plan of Action,
endorsed by his predecessor in his 2013 report to the Human Rights Council
(A/HRC/25/58). The Plan of Action provides a framework for understanding the
obligation under article 20 of the International Covenant on Civil and Political
Rights to prohibit the advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence and offers a road map for its
implementation in line with international human rights standards. It emphasizes the
interdependence of human rights and recognizes the critical role they play in
shaping an environment in which “constructive discussion about religious matters
could be held”, and notes that open debate and dialogue are “the soundest way to
probe whether religious interpretations adhere to or distort the original values that
underpin religious belief”. The Plan of Action offers guidance on the
implementation of legislation, jurisprudence and policies intended to combat
advocacy of hatred that constitutes incitement and provides recommendations for
policies that foster space for free and open discussions, promote respect for
diversity and contribute to inclusion.
57. With respect to government policies, it is recommended in the Rabat Plan of
Action that States encourage pluralism so that all communities are granted
opportunities to make meaningful contributions to national discussions and to
shaping responsive strategies for combating intolerance that may constitute
incitement within various societies. States are also called upon to sensitize law
enforcement officials to issues related to the prohibition of incitement to hatred, and
several recommendations that stakeholders, including civil society organizations,
establish mechanisms and dialogues that “foster intercultural and interreligious
understanding and learning” are outlined.
58. In terms of legislation, States are encouraged in the Rabat Plan of Action to
define incitement to hatred narrowly, recalling that “the broader the definition of
incitement to hatred is in domestic legislation, the more it opens the door for
arbitrary application of the laws”. The permissibility of restrictions on freedom of
expression is measured by the three-part test of legality, proportionality and
necessity. For the development of jurisprudence, the Plan of Action offers six
factors for national courts to consider when assessing whether a specific instance of
speech should be restricted or punished as incitement: the context, the speaker, the
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