A/58/296
137. Second, terrorist acts together with security measures taken by States
have strengthened many people’s isolationism, which focuses on religion and
promotes distrust, intolerance and even rejection of others and is expressed
through religion-based discrimination at all levels. Advocacy of or incitement
to hatred in violation of article 20 of the International Covenant on Civil and
Political Rights and acts of violence against members of religious minorities
have also become increasingly common. In this regard, it should be noted that
many States have not met their human rights obligations. These are not limited
to the negative obligation to refrain from violating the right to freedom of
religion or belief; they also include the positive obligation to protect persons in
their territory from violations of their right to freedom of religion or belief
committed by non-State actors or entities by prosecuting those who commit
such violations and providing compensation to the victims.
138. Stressing that women and children are still too often the victims of acts of
discrimination and religious violence, the Special Rapporteur is particularly
concerned at the sometimes negative role played by the press in the spread of
religious intolerance. The media continue to promote an often incorrect,
negative image of certain religious groups and have sometimes incited hatred of
many such groups, including Muslims.
139. Generally speaking, the Special Rapporteur notes that in many cases,
rather than protecting the right to freedom of religion or belief, States have
used the pretext of security in response to terrorist threats to limit the exercise
of that right. Security of person, which is a fundamental principle inherent in
human rights, has come to be identified with State security; while
understandable in some cases, this shift is nonetheless harmful to the protection
of human rights in general and of the right to freedom of religion or belief in
particular.
140. Looking to the future, this general trend has also highlighted the fact that
States have focused on restricting civil and political rights at the expense of
economic, social and cultural rights such as the right to education, which is
essential for teaching a culture of tolerance and non-discrimination and is part
of an overall prevention policy. On this matter, the Special Rapporteur wishes
to draw attention to the conclusions and recommendations contained in his
1995 report to the General Assembly, in which he stressed that all human rights
are interdependent with democracy and development and, in connection with
the development of a culture of tolerance, “the importance of prevention in the
effort to end intolerance and discrimination, hatred and violence, including
violence motivated by religious extremism. The alarming number of attacks on
persons ... shows the overwhelming need to act at the prevention level”
(A/50/440, para. 83). This need is made all the more pressing by the fact that
States’ counter-terrorism measures have not addressed the real causes of the
problem.
141. In conclusion, the Special Rapporteur hopes that, in facing their genuine
security problems, States will fully respect their fundamental obligations in the
area of civil and political rights and will take the opportunity to focus on the
promotion of rights which make it possible to adopt an essentially preventive
approach, attacking the root causes of extremism and intolerance rather than
in their overt manifestations. Once again, action in the area of education and
23