A/65/207
40. The Special Rapporteur has also reported about the situation of members of
groups that are labelled by some domestic authorities as “cults” or “sects”. 35 In this
regard, she would like to reiterate her predecessor’s assessment that, apart from the
legal courses available against harmful activities, “it is not the business of the State
or any other group or community to act as the guardian of people’s consciences and
encourage, impose or censure any religious belief or conviction”. 36 The terms
“belief” and “religion” are to be broadly construed. Thus public officials and civil
servants should be informed that freedom of religion or belief is not limited to
traditional religions or to beliefs with institutional characteristics or practices
analogous to those of traditional religions.
K.
Combating hatred, discrimination, intolerance and acts of
violence, intimidation, coercion and incitement to hostility
and violence
41. In resolution 64/164, the General Assembly urged States to take all necessary
and appropriate action, in conformity with international human rights standards, to
combat hatred, discrimination, intolerance and acts of violence, intimidation and
coercion motivated by intolerance based on religion or belief, as well as incitement
to hostility and violence, with particular regard to members of religious minorities
in all parts of the world. The Special Rapporteur has addressed related issues and
presented her conclusions and recommendations in various reports. In a mission
report, for example, she voiced concerns at the extended time frame of
investigations in cases involving communal riots, violence and massacres. 37 She
would like to reiterate that communal violence is not merely a “law and order”
problem but has serious socio-economic ramifications. It has been noted that
sectarian riots are most likely to occur when the following elements are present:
(a) severe long-standing antagonism on religious lines in particular villages and
urban localities; (b) an emotional response of members of religious communities to
a precipitating event; (c) a feeling in the minds of rioters and the larger religious
group to which they belong that sectarian violence is justifiable; and (d) the
assessment by the rioters that the reaction from the police to sectarian violence will
be either absent or partisan or ineffective.
42. Pursuant to Human Rights Council decision 1/107, entitled “Incitement to
racial and religious hatred and the promotion of tolerance”, the Special Rapporteur
submitted a report to the Council together with the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance (A/HRC/2/3), in which the Special Rapporteurs recommended that the
Council call upon all Governments to express and demonstrate a firm political will
and commitment to combating the rise of racial and religious intolerance. The right
to freedom of religion or belief as such does not include the right for one’s religion
or belief to be free from criticism or all adverse comment. Yet, the right to freedom
of expression can legitimately be restricted for advocacy that incites to acts of
__________________
35
36
37
14
See for example the Special Rapporteur’s observations on the responses of the Government of
China (A/HRC/10/8/Add.1, paras. 16-22) and of the Islamic Republic of Iran (A/HRC/10/8/
Add.1, paras. 81-85).
E/CN.4/1997/91, para. 99.
See the Special Rapporteur’s report on her mission to India (A/HRC/10/8/Add.3, paras. 30-41).
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