A/HRC/13/40
different regions of the world and that the international community is actively engaged in
pursuing these issues.
III. Early warning signs of discrimination and violence on the
grounds or in the name of religion or belief
18.
As the Special Rapporteur has noted in previous reports, it is of utmost importance
that due attention be given to early warning signs associated with her mandate. In this
chapter, the Special Rapporteur’s preliminary analysis of early warning signs of
discrimination and violence on the grounds or in the name of religion also draws on the
work which has already been undertaken by various human rights mechanisms as part of
their respective mandates.22
19.
According to Human Rights Council resolution 6/37, the Special Rapporteur on
freedom of religion or belief is mandated to identify existing and emerging obstacles to the
enjoyment of the right to freedom of religion or belief. Consequently, the mandate is not
only limited to monitoring human rights violations, but also has a role to play in the
detection of early warning signs of discrimination and violence.
20.
For example, the Special Rapporteur’s predecessor warned in one of his country
reports about the likelihood of the recurrence of extensive killings in the event of political
exploitation of a certain situation.23 Unfortunately, his warning was prophetic, because six
years later related communal violence again claimed more than one thousand lives. In her
follow-up mission report another six years later, the current mandate holder also expressed
concerns about the degree of polarization in some pockets of different faith groups and
about the danger of chain reactions that can be triggered by communal tensions.24
21.
The Special Rapporteur is convinced that early action is required at the first warning
signs of discrimination and violence on the grounds or in the name of religion or belief.
Since assuming her mandate in July 2004, the Special Rapporteur has indeed noted a
number of acts or behaviour of different stakeholders that can be regarded as early warning
signs of discrimination and violence and therefore requires determined measures to counter
them.
22.
Early warning signs refer to action, or indeed inaction, by: (a) State actors, (b) nonState actors and (c) international or external factors.
A.
State actors
23.
One early warning sign with regard to State actors is the lack of adequate legislation
ensuring freedom of religion or belief in all its dimensions and prohibiting discrimination
based on religion or belief.25 Provisions in some domestic laws, or even in constitutions,
22
23
24
25
GE.09-17648
See, for example, the early warning procedure of the Committee on the Elimination of Racial
Discrimination (A/62/18, annex III, and www2.ohchr.org/english/bodies/cerd/early-warning.htm) and
the analysis framework by the Office of the Special Adviser of the Secretary-General on the
Prevention of Genocide (www.un.org/preventgenocide/adviser/pdf/OSAPG%20AnalysisFramework
ExternalVersion.pdf).
E/CN.4/1997/91/Add.1, para. 46.
A/HRC/10/8/Add.3, para. 64.
The relevant international human rights standards pertaining to freedom of religion or belief are
reproduced in the Special Rapporteur’s report to the Commission on Human Rights at its sixty-second
session (E/CN.4/2006/5, annex).
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