A/HRC/13/40/Add.2
59.
Concerning places of worship, the Special Rapporteur would like to refer to
General Assembly resolution 55/254, in which the Assembly calls upon States to exert
their utmost efforts to ensure that religious sites are fully respected and protected in
conformity with international standards and in accordance with their national
legislation, and to adopt adequate measures aimed at preventing such acts or threats
of violence. Furthermore, States, relevant intergovernmental and non-governmental
organizations and the media are encouraged to promote, inter alia, through education,
a culture of tolerance and respect for the diversity of religions and for religious sites,
which represent an important aspect of the collective heritage of humankind.
60.
The Special Rapporteur is also concerned at reports received regarding
sectarian violence and incitement to religious hatred. In this regard, she would like to
distinguish between the expression of opinions even when they are deemed offensive
by some believers, and advocacy of religious hatred that constitutes incitement to
discrimination, hostility or violence. While freedom of expression has to be respected,
hate speech must be prohibited by law if it reaches the threshold of incitement to
religious hatred described in article 20, paragraph 2, of the International Covenant on
Civil and Political Rights. In order to protect the integrity of individuals, hate speech
must not be tolerated. However, each case has to be examined on its own merits so
that freedom of expression and freedom of religion or belief are not undermined. In
this regard, the judiciary plays a vital role in striking a delicate balance on a case-bycase basis. In view of the vague formulation of article 319 of the Criminal Code, the
Special Rapporteur would urge the Government to review this provision with a view
to prevent any arbitrary interpretation and application by the authorities. Legislation
or policies designed to combat religious discrimination should be all-inclusive,
carefully crafted and implemented in a non-biased manner to achieve their objectives
(A/HRC/10/31/Add.3, para. 24).
61.
Despite the above-mentioned concerns, the Special Rapporteur remains
optimistic that a continuing debate on freedom of religion or belief in the former
Yugoslav Republic of Macedonia will contribute to a higher level of understanding
and mutual respect between different religious communities and individuals,
including non-theistic and atheistic believers.
62.
The Special Rapporteur would like to emphasize the importance of confidencebuilding measures in order to address the concerns of the different communities. To
foster a climate of religious tolerance, political and religious leaders should take a
human rights-based approach and clearly affirm the importance of the right to
freedom of religion or belief in all its dimensions. In addition to legislation, States have
several tools at their disposal to counter religious intolerance, for example by giving
space for dialogue, encouraging public figures to make statements denouncing acts of
intolerance and providing quality education. These approaches need to be inclusive
also in terms of the religions or beliefs covered. Above all, the rule of law and the
functioning of democratic institutions are prerequisites for the effectiveness of these
strategies, which seek to encourage real dialogue and understanding.
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