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59.
The Council, in this spirit should remind Governments not only of the respect for
the restrictions and limitations stricto sensu foreseen by these articles but also of the
profound meaning of these limitations and restrictions. This is a way of promoting mutual
respect and understanding of diversity and democracy and peaceful interactions between
members of the society, in particular in multicultural societies.
60.
Freedom of religion or belief and freedom of opinion and expression are
interdependent, as is the whole body of human rights norms. However, balancing all
aspects of human rights is an extremely delicate exercise. It requires neutral and impartial
implementation and must be weighed by independent and non-arbitrary bodies. An
independent judiciary is thus a vital component in the process of effectively adjudicating
cases related to incitement to religious hatred under article 20 of the International
Covenant on Civil and Political Rights. It is important to dispassionately determine what
constitutes an act pursuant to this provision and to ensure that the guarantees of freedom
of expression and freedom of religion are maintained. It is also critical for Governments
and the judiciary to ensure that acts that constitute incitement under article 20 of the
Covenant are closely monitored and do not enjoy impunity.
61.
The Council should promote, in the light of the polarized and confrontational
reading of these articles, a more profound reflection on their interpretation. Given the
paucity of jurisprudence on article 20 of the Covenant, the Special Rapporteurs consider
that the interpretation of its terms and, in particular, a definition of its threshold of
application would be particularly welcome in order to avoid confusion or simplistic
conclusions regarding its application. For this reason, they would encourage the Human
Rights Committee to consider the possibility of adopting complimentary standards on the
interrelations between freedom of expression, freedom of religion and non-discrimination,
in particular by drafting a general comment on article 20. Furthermore, the Council
should invite other pertinent mechanisms and organs of the United Nations system of
human rights, and in particular, the Committee on the Elimination of Racial
Discrimination, to give priority and urgency to this exercise, in cooperation with the Office
of the High Commissioner for Human Rights and the relevant special procedures.
62.
Religious controversies are historical. They will continue to demand our attention
and challenge us to find creative ways to deal with them. The classic recipes of enacting
laws alone may not always work. A continuing dialogue in this regard is essential. It is of
vital importance that the debate on these aspects be widened and inspired by the spirit of
dialogue amongst religions and cultures, and include voices of all minorities and women,
who are often the victims of religious intolerance, and at the same time excluded from
dialogues that seek to promote religious harmony.
63.
The Special Rapporteurs recommend that the Human Rights Council invite
Member States to promote and practise dialogue between cultures, civilizations and
religions as a more profound way of combating racial and religious intolerance. To this
end, the following related approaches are suggested:
•
The promotion of reciprocal knowledge between cultures, civilizations and
religions, with a particular emphasis on value systems;