A/HRC/4/21/Add.2
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91.
Moreover, the Special Rapporteur believes that the right to freedom of expression as
protected by international standards provides a certain latitude for religious communities in the
drafting and dissemination of their literature, even in cases where they do not agree with other
religions, provided that they do not raise to the level of incitement to religious hatred as
prohibited by article 20 of the Covenant.
VII. RECOMMENDATIONS
92.
The Government should primarily ensure that all individuals who may have been
the victim of violations of their right to freedom of religion or belief or of other human
rights because of their religion or belief receive appropriate redress, including through a
judicial procedure. It should also ensure that the perpetrators of acts that have caused
such violations are prosecuted according to applicable criminal procedures. Such
measures should also be systematically enforced for any future acts of religious intolerance
or other forms of persecutions of members of religious communities in accordance with the
criminal laws of the country.
93.
In particular, the Special Rapporteur urges the Government to give special
attention to any form of religious intolerance towards religious minorities and take the
appropriate measures to address and prosecute all forms of incitement to religious hatred
in accordance with article 20 of the International Covenant on Civil and Political Rights
and other relevant human rights provisions, including when these acts are perpetrated by
the media.
94.
Concerning the prerogatives that are exercised by the relevant State mechanisms
with regard to religious groups and communities, the Government should generally
reassess the level of control on the activities of those groups and communities in order to
reach the right balance between a necessary regulation of religious activities in the society
and the exercise of the right to freedom of religion or belief of all individuals living under
Azerbaijan jurisdiction.
95.
Concerning SCWRA, the Government should, as a priority, organize a system of
training for persons who work directly or indirectly with the Committee on human rights
in general and the right to freedom of religion or belief in particular. Moreover, it should
define clear guidelines and objective criteria concerning the activities of staff members of
SCWRA.
96.
Regarding the registration of religious associations, the Government should first
take the necessary measures so that the principle according to which registration does not
constitute a precondition to the exercise of the right to freedom of religion, including the
right to manifest one’s own religion individually or in a group, is widely disseminated
among the population as well as to the appropriate law enforcement agencies.
97.
Moreover, the procedure of registration of religious associations should be more
transparent, including regarding the timeframe of the process. In case of refusal of
registration, the relevant institutions have an obligation to formally transmit to the