A/HRC/31/18
74.
Synergies between freedom of religion or belief and freedom of expression
come to the fore in different formats of interreligious communication, in a culture of
frank public discourse and in policies for Government and other actors to speak out
quickly, clearly and publicly against incitement to acts of hatred. The Rabat Plan of
Action is a helpful tool in interpreting and implementing article 20 (2) of the
Covenant, which prohibits any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence.
B.
Recommendations
75.
Against the background of these observations, the Special Rapporteur would
like to make the recommendations set out below.
1.
Recommendations mainly addressed to States
76.
Legislators, judges and policymakers should implement laws and policies based
on the understanding that the rights to freedom of religion or belief and to freedom of
opinion and expression are complementary.
77.
States should always respect and uphold the unconditional protection status of
the forum internum dimensions of freedom of religion or belief and freedom of
opinion. They should provide space for different dissenting religious or political views,
refrain from any coercion or interference and provide protection against coercion
exercised by third parties.
78.
States must abide by the criteria enshrined in articles 18 (3), 19 (3) and 20 (2) of
the International Covenant on Civil and Political Rights before imposing restrictions
that they deem necessary on certain external manifestations of religion or belief or
expressions.
79.
States should not require anyone to register or reveal their religious affiliation
in official documents, such as passports or identity cards.
80.
States, in collaboration with relevant stakeholders, should develop
comprehensive policies to combat intolerance, negative stereotyping and
stigmatization of, and discrimination, incitement to violence and violence against
persons based on religion or belief further to Human Rights Council resolution 16/18.
Such policies should reflect the primacy of non-restrictive communicative
interventions wherever and whenever possible.
81.
States should proactively share their experiences and best practices when
implementing Council resolution 16/18 and the Rabat Plan of Action, for example
within the Istanbul Process.
82.
States are responsible for creating the public space that facilitates intergroup
communication, frank and open discourse, free and independent media and civil
society activities.
83.
State representatives should always speak out quickly, clearly and publicly
against any advocacy of religious hatred that constitutes incitement to discrimination,
hostility or violence.
84.
In line with Human Rights Committee general comment No. 34 and the Rabat
Plan of Action, States that still have blasphemy laws should repeal them, as such laws
may fuel intolerance, stigmatization, discrimination and incitement to violence and
discourage intergroup communication.
20