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. 19

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