A/62/280 1. Incitement to racial and religious hatred and the promotion of tolerance 28. In September 2006, the Special Rapporteur submitted a report to the Human Rights Council entitled “Incitement to racial and religious hatred and the promotion of tolerance” (A/HRC/2/3) together with Doudou Diène, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. In the report the Special Rapporteurs recommended that the Council call upon the Governments of Member States to express and demonstrate a firm political will and commitment to combating the rise of racial and religious intolerance. While the right to freedom of religion or belief as such does not include the right for one’s religion or belief to be free of criticism or all adverse comment, the right to freedom of expression can legitimately be restricted for advocacy that incites to acts of violence or discrimination against individuals on the basis of their religion. Freedom of religion or belief and freedom of expression are interdependent and interrelated. Balancing the various aspects of human rights is an extremely delicate exercise which requires impartial implementation by independent and nonarbitrary bodies. 29. Article 20 of the International Covenant on Civil and Political Rights provides that “[a]ny advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. The Special Rapporteur would like to reiterate that this article was drafted against the historical background of the horrors committed by the Nazi regime during the Second World War. The threshold of the acts that are referred to in this article is relatively high and any attempt to lower it at the global level would not only shrink the frontiers of free expression, but also limit freedom of religion or belief itself. Such an attempt could be counterproductive and may promote an atmosphere of religious intolerance. At the national level, there are numerous examples of persecution of religious minorities as a result of excessive legislation on religious offences or overzealous application of laws that are fairly neutral. 2. Overview of the mandate’s issues of concern 30. In its resolution 4/10, 7 the Human Rights Council, recalling all resolutions on the elimination of all forms of intolerance and of discrimination based on religion or belief that had been adopted by the General Assembly and by the Commission on Human Rights, requested the Special Rapporteur to report on that issue. In her report (A/HRC/6/5), the Special Rapporteur provided an overview of the mandate’s issues of concern according to the categories of her framework for communications. This structure enables her to summarize the pressing issues, as analysed during the 21 years of mandate practice. The report highlights worrying situations where the freedom to adopt, change or renounce a religion or belief has been infringed, for example when State agents try to convert, reconvert or prevent the conversion of persons. While the right to freedom to worship is not limited to members of registered religious communities, many believers belonging to religious minorities are not allowed to worship or conduct any religious activities without State approval or prior registration. Women, persons deprived of their liberty, refugees, children, minorities and migrant workers can be identified as particularly vulnerable groups with regard to their freedom of religion or belief. The right to life and the right to __________________ 7 10 See A/HRC/4/123, chap. I, sect. A. 07-48490