28/47 Combating intolerance, negative stereotyping, stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief - Report of the United Nations High Commissioner for Human Rights

GE.15-00641 (E)



Human Rights Council Twenty-eighth session

Agenda items 2 and 9

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Racism, racial discrimination, xenophobia and related

forms of intolerance, follow-up to and implementation

of the Durban Declaration and Programme of Action

Combating intolerance, negative stereotyping, stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief

Report of the United Nations High Commissioner for Human Rights*

Summary

The present report is submitted pursuant to Human Rights Council resolution 25/34,

in which the Council requested the United Nations High Commissioner for Human Rights

to prepare and submit, at its twenty-eighth session, a report based upon information

provided by States on the efforts and measures taken by them for the implementation of the

action plan outlined in paragraphs 7 and 8 of the resolution, as well as their views on

potential follow-up measures for further improvement of the implementation of that plan.

The report compiles and summarizes the contributions received from States and draws

some conclusions based on them.

* Late submission.

Contents

Paragraphs Page

I. Introduction ............................................................................................................ 1–2 3

II. Information received from Member States .............................................................. 3–96 3

III. Activities undertaken by the Office of the United Nations High Commissioner

for Human Rights .................................................................................................... 97–100 16

IV. Conclusions ............................................................................................................. 101–109 17

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 25/34

on combating intolerance, negative stereotyping and stigmatization of, and discrimination,

incitement to violence and violence against, persons based on religion or belief. In

paragraph 12 of the resolution, the Council requested the United Nations High

Commissioner for Human Rights to prepare and submit to the Council, at its twenty-eighth

session, a comprehensive follow-up report with elaborated conclusions based upon

information provided by States on the efforts and measures taken by them for the

implementation of the action plan outlined in paragraphs 7 and 8 of the resolution, as well

as their views on potential follow-up measures for further improvement of the

implementation of that plan.

2. The report contains a summary of the information received from 15 States; the

original texts of the contributions can be consulted in the files of the Secretariat.

II. Information received from Member States

Argentina

3. Article 14 of the Constitution of Argentina states that all inhabitants of the nation

enjoy the right to profess their religion freely, in accordance with the law. A Constitutional

Court ruling, effective since 1994, provides that treaties prevail over national laws and

some human rights treaties have constitutional status. Argentina recognizes the right to

freedom of religion as enshrined in article 3 of the American Declaration of the Rights and

Duties of Man and article 12 of the American Convention on Human Rights.

4. The National Registry of Religions has registered more than 2,500 officially

recognized beliefs and religions, and ensures the promotion and protection of the rights of

confessional communities.

5. The National Plan against Discrimination, based on the Durban Declaration and

Programme of Action, has been approved and provides for extensive national consultations

in terms of development and implementation processes.

6. In 2012, the National Institute against Discrimination, Xenophobia and Racism

(INADI) launched the Programme on Religious Diversity and Beliefs and the Forum for

Religious Diversity and Beliefs. The main objective of the latter is to approach diversity

and non-discrimination from a human rights perspective and to address issues relevant to

religious communities. A series of awareness-raising materials are currently being

developed to promote dialogue and public awareness about the right to freedom of

expression and belief.

7. In December 2011, INADI launched the Centre for Research, Development and

Training on Cultural, Religious and Ethnic Diversity (DIVERSIA). Since its creation,

DIVERSIA has conducted various training sessions, seminars and other activities aimed at

promoting cultural diversity.

8. INADI is mandated to consider complaints by individuals and members of civil

society on grounds of discrimination, including anti-Semitism and Islamophobia.

Australia

9. The Department of Social Services works to foster a domestic environment of

religious tolerance, peace and respect. It funds grants for Diversity and Social Cohesion

projects, which promote local awareness and understanding within and between

communities through common dialogues and goals, and supports the National Anti-Racism

Strategy of the Australian Human Rights Commission and the National Anti-Racism

Partnership.

10. Through the network of Multicultural Community Liaison Officers, the Department

of Social Services engages with communities on the ground. Multicultural Community

Liaison Officers focus on creating collaborative relationships and community networks and

providing information and “messaging”. Officers also work with multicultural communities

to identify and help address potential drivers of social conflict and division in diverse areas.

This helps to inform strategies that strengthen social cohesion, including the identification

of priority needs and locations.

11. Advisory bodies and various government departments convene regular interfaith

dialogues and initiatives involving religious and community leaders and interfaith experts.

The Government protects and promotes religious rights and freedoms through the criminal

and civil legislative framework and by actively engaging with the communities and their

leaders.

12. Through the Attorney-General’s Department, Australia engages and works with a

wide range of community groups and organizations to build resilience to violent extremism,

as well as groups that promote radicalization to violent extremism.

13. A range of materials have been published that provide guidance on assisting

vulnerable persons, including youths, to move away from ideologies that promote the use of

violence to achieve social change. The guidance emphasizes that everyone has the right to

express their beliefs and group interests openly, but that a willingness to use or support the

use of violence to achieve political, religious or ideological goals is unlawful (see

www.livingsafetogether.gov.au).

14. Strong vilification laws are in place, such as those found in the Racial

Discrimination Act 1975, which strike a balance between the right to freedom of expression

and freedom from racial discrimination and racial vilification. There are strong domestic

criminal laws against urging violence, including between religious and cultural groups.

Where there is a basis for suspecting that activities of individuals or groups are of security

concern, they are reviewed and investigated by relevant law enforcement and security

authorities.

Azerbaijan

15. The State Committee on Religious Associations of the Republic of Azerbaijan

outlined several measures taken during 2014 in Baku and other regions aimed at anchoring

in law the rights and freedoms of all confessions represented in the country. Such measures

were taken with a view to combating religious intolerance and violence, eliminating

situations causing aggressive and extremist behaviour, minimizing religious fanaticism, and

to facilitating the coexistence of the followers of different faiths around common

religious/moral values.

16. During 2014, two-day regional conferences were held in the cities of Ismayilli,

Guba, Sheki and Barda, at which prominent speakers delivered speeches and discussions

were held around key themes.

17. Within the framework of “peace month”, which is held annually from 21 August to

21 September, the Committee organized several awareness-raising meetings in the cities of

Zagatala, Goychay and Lankaran, attended by representatives of various sectors of society,

on the promotion of peace and human rights and religious tolerance. A mini-football

tournament, for the Cup of Tolerance, was held in April–May 2014 among religious

communities. Teams of the different confessions, as well as representatives of the Muslim,

Christian and Jewish communities, participated in the tournament.

18. Significant funds were allocated to the Development of Religious Culture

Foundation with the aim of strengthening the promotion of religious culture, tolerance and

interreligious and intercultural dialogue, and the Baku International Centre for

Multiculturalism was established. Under an order of the Cabinet of Ministers, funds were

allocated to religious communities.

19. The Tolerance Network of Religious Communities, an electronic network, was

established; Jewish, Christian and Muslim communities demonstrating social activeness

participate in the network. Twenty religious communities have been provided with

computers in order to improve the functioning of communities in social life with a view to

promoting universal values, strengthening the principle of intercommunal networking and

mutual cooperation, and providing technical education to religious communities. Five joint

projects aimed at resolving social problems by involving religious communities of different

beliefs have already been supported.

El Salvador

20. The right of everyone to freely profess a religion or belief is enshrined in the

Constitution. Article 3 provides that all persons are equal before the law and in their

enjoyment of civil rights and that no restrictions based on nationality, race, sex or religion

may be established.

21. Any officer, employee, agent or public authority denying individuals rights under

the Constitution on grounds of nationality, race, sex, religion or other status, or otherwise,

shall be punished with imprisonment of one to three years and disqualification from office

or employment for the same period (art. 292 of the Penal Code).

22. The State recognizes the diversity of religions, faiths and churches, in accordance

with article 25 of the Constitution, which guarantees the free exercise of all religions,

without limitation other than by morality and public order. In accordance with articles 3 and

25 of the Constitution, initiatives have been promoted to build and strengthen a culture of

peace, respect and tolerance among the Salvadoran population.

23. On 29 September 2014, the National Council for Citizen Security and Coexistence

was created to provide a forum where proposals and solutions to insecurity and violence

existing in the country can be addressed. Representatives of the Catholic Church, the

Lutheran Church, the Anglican Church, the Evangelical Church, business associations, the

Attorney General’s Office (Fiscal General de la Rep‎ública), the Association of

Municipalities of the Republic of El Salvador (COMURES), various government portfolios,

political parties and the media participate in the forum.

24. Actions violating an individual’s freedom of religion include impairing, interrupting

or disrupting the free exercise of religion; making public declarations against beliefs; and

destroying religious objects. Such offences are to be punished by imprisonment for six

months to two years. The sanctions of imprisonment are greater if the offence is committed

with publicity and/or repeatedly (art. 296 of the Penal Code). There is no record of cases

brought or prosecuted for reasons of intolerance, stigmatization or discrimination on the

grounds of religious practices or beliefs.

25. Catholic, Episcopal Anglican, Lutheran, Reformed Calvinist, Baptist, Baha’i,

Buddhist, Jewish and Muslim leaders have joined the El Salvador affiliate of Religions for

Peace, with a view to coordinating and collaborating on joint actions.

26. Religiously motivated violence is prevented by the State, and article 7 of the

Constitution prohibits the existence of armed groups of a political, religious or union

nature.

27. With regard to education, the State ensures access and equality for all people, as set

out in article 58 of the Constitution. Public schools are secular, while most private schools

are of Christian denomination, but all educational institutions operate freely and must meet

the operational requirements set by the Ministry of Education.

France

28. France stated that an interministerial committee against racism and anti-Semitism

(DILCRA) was charged with proposing and following the development of a national policy

against racism and anti-Semitism. The policy provides for awareness-raising activities and

training among diverse sectors of the public (State authorities, victims and Internet users)

focused on combating stereotypes and prejudice in order to prevent racial discrimination.

29. The initial and continuing training of public authorities was identified as a specific

task. As of 2015, all of the approximately 60,000 new representatives of the State will

benefit from an obligatory awareness-raising training programme. Supervisors will train

and mobilize their staff through seminars and training modules, in which the supervisors

have already participated. DILCRA is working with ministers of the interior at the

department level and ministers of education and ecology on this policy. Teacher training

institutions (écoles supérieures du professorat et de l’éducation) have also been mobilized

to ensure implementation of the national training policy.

30. France said that it was convinced of the fundamental importance of raising

awareness among young people; an “educational continuum” targeting them would be put

in place in schools and universities. As of 2015, in order to prevent stereotyping and

discrimination, awareness-raising programmes will be integrated into a national common

set of teaching materials focused on secular values. The training will include elements on

citizenship and cultural and historical heritage, and pedagogical tools aimed at fighting

racial hatred. A DILCRA working group will also work on creating linkages between

cultural establishments and school groups.

31. Practical tools for use in the world of sports, for youth and for use in popular

education have been designed. Several projects have been undertaken in the past months,

including a legal guide on the fight against “incivility”, violence and discrimination in

sports; a teaching kit entitled “Toward sports without violence …” aimed at preventing

racism, issued in 2014; a guide on good practices against racism and anti-Semitism; and a

history book on racism, anti-Semitism and xenophobia in sports in France during the

twentieth century, prepared by the Comité d’histoire des ministères chargés de la Jeunesse

et des Sports. Under this national policy innovative teaching and pedagogical actions will

be undertaken by associations on the ground.

Germany

32. The Federal Government actively supports networking, democratic consciousness

and participation, education, and the promotion of civic engagement through the Forum

against Racism; the government-funded programme entitled “Cohesion through

participation”; the Federal Agency for Civic Education (Bundeszentrale für politische

Bildung); and the Alliance for Democracy and Tolerance.

33. The Federal Ministry of the Interior has, for many years, successfully promoted

Christian-Jewish cooperation and interreligious and intercultural dialogue between

Christians and Jews, in recent years expanding the dialogue to a trialogue at the

international level with Muslims. In 2006, the German Islam Conference was launched to

establish a permanent communication process between the German state (Federal

Government, Federal Länder, municipalities) and the representatives of Muslims living in

Germany (see www.deutsche-islam-konferenz.de).

34. The Federal Minister of the Interior delivered a speech on the occasion of the Day of

Action against Hatred and Violence, which was organized by Muslim associations in 10

cities all over Germany; activities marking the Day were held on 19 September 2014 after

Friday prayers, and included sit-ins and peace prayers. In addition, in 2014, the Federal

Ministry of the Interior funded projects on interreligious and intercultural dialogue.

35. In Germany, offences involving discrimination against persons based on religion or

belief, in particular violent offences, are recorded separately and analysed as hate crimes,

under the heading of politically motivated crime. Germany stated that approximately 90 per

cent of those offences had been attributed to right-wing-oriented and politically motivated

crime. In accordance with the criminal law, in cases of hate crimes involving contempt for

other human beings, which includes discrimination or violence based on religion or faith,

the courts generally issue stricter sentences; if the crime entailed murder, courts consider

the offender to have acted on base motives (sect. 211 of the Criminal Code). Specific forms

of hate crime involving religious aspects are also punishable, depending on the individual

case, as incitement to hatred (sect. 130 of the Criminal Code), as the defamation of

religious associations (sect. 166 of the Criminal Code) or as insults (sect. 185 of the

German Criminal Code), if the offence was targeted at individuals. According to the Police

Crime Statistics for 2012, 2,506 cases of incitement to hatred and 47 cases of defamation of

religious associations were reported in 2012, with the resolution rates being 63.8 per cent

and 44.7 per cent, respectively. Insults with a religious aspect are recorded under the

subheading “religion”, provided that an application for criminal prosecution is filed.

36. Police work to combat hate crimes includes systematically prosecuting hate crimes

as offences against State security and recording them separately; cooperating with

counselling bodies and supporting projects, associations and institutions providing

assistance to victims; undertaking differentiated analysis of the number of cases nationally,

in order to elaborate potential prevention measures; and cataloguing measures to combat

politically motivated crime in order to perceive, record and combat relevant offences in a

more targeted manner. The police take regular preventive measures, such as stepping up

physical protection or police controls with regard to especially vulnerable locations, for

example, Jewish cemeteries. Germany stated that the Federal Council (Bundesrat) had

decided to initiate procedures before the Federal Constitutional Court to ban a right-wing

extremist party, with the active support of the Federal Government.

37. In 2011, the Federal Ministry of the Interior launched the Security Partnership

Initiative, a body comprised of representatives of the Federal Government, the Länder,

security authorities and Muslims, aimed at increasing public awareness of the problem of

radicalization of young people, to initiate projects and to provide financial support for

successful projects carried out by Muslims and security authorities at the local level (see

www.initiative-sicherheitspartnerschaft.de).

Greece

38. In October 2014, Law 4301, a new law on the organization of the legal form of

religious communities in Greece, was adopted by the Hellenic Parliament. The concept of

“religious legal person” was legislated in Greece for the first time, with the aim of

attributing the appropriate legal form to religious communities and regulating the issue of

their organization. Thus, the fundamental right to religious freedom has been strengthened,

and the collective expression of religious beliefs of all members of religious communities

has been facilitated.

39. European Union Council Framework Decision 2008/913/JHA of November 2008

has been implemented through Law 4285/2014 (amendment of Law 927/1979) on

combating certain forms and expressions of racism and xenophobia by means of criminal

law. Articles 1 and 2 of Law 4285/2014 provide for sanctions against anyone who publicly

incites to actions creating discrimination, hatred or violence against a group of persons or a

member of such a group defined by reference to race, colour, religion, descent, national or

ethnic origin, sexual orientation or disability, jeopardizing public order.

40. Sanctions are also prescribed for those who incite such actions resulting in the

commission of a crime. The same sanctions are provided for anyone who publicly

condones, trivializes or denies war crimes, crimes of genocide or crimes against humanity,

including the Holocaust and crimes of Nazism, that have been recognized in decisions of

international courts or by the Hellenic Parliament. Moreover, sanctions for the

aforementioned offences are provided vis-à-vis public servants.

Ireland

41. Article 44 of the Irish Constitution specifically protects religious freedom and the

right to freedom of expression of convictions and opinions. The law also provides for

strong protection against discrimination on nine grounds, including religious belief, through

the Employment Equality Acts, which cover discrimination in the workplace, and the Equal

Status Acts, which provide for protection against discrimination in the provision of goods

and services. The legislation is designed to promote equality, prohibit discrimination —

direct, indirect and by association — and victimization, and allows for positive action

measures to ensure full equality. Irish legislation also provides for remedies for those who

have suffered discrimination.

42. The Prohibition of Incitement to Hatred Act, 1989, makes it an offence, inter alia, to

use words, publish or distribute written material, or broadcast any visual images or sounds

that are threatening, abusive or insulting and are intended to or, having regard to all the

circumstances, are likely to stir up hatred.

43. Where criminal offences such as assault, criminal damage or public order offences

are committed against a person based on their religion or belief, the offences are prosecuted

as generic offences through the wider criminal law, but judges are required to take such

aggravating factors into account at sentencing.

44. In 2012, the Government established the Convention on the Constitution, which

published its sixth report in January 2014, in which it recommended that a referendum

should be held with a view to removing the offence of blasphemy from the Constitution.

The Government’s response was presented to the Dáil (in the Irish Parliament) in October

2014 and the referendum will take place at an appropriate date to be decided by the

Government after the necessary consultations have been completed and the required

legislation has been prepared. A vote in favour of removing the offence of blasphemy from

the Constitution would permit removing the legislative provision for the offence.

45. The Holocaust Memorial Day commemoration in Ireland is designed to cherish the

memory of all of the victims of the Holocaust and to provide lessons from the past. The

inclusion of all victim groups is fundamental to the commemoration, and education about

anti-Semitism and all forms of intolerance is important. The Holocaust Educational Trust

Ireland advises and assists the Government with organizing the annual commemoration

with the involvement of the Department of Justice and Equality (through the Office for the

Promotion of Migrant Integration), Dublin City Council, Dublin Maccabi Charitable Trust

and the Jewish Representative Council of Ireland.

Italy

46. The Constitution provides specific protection for freedom of conscience and

religious experience, taking into consideration private, collective and institutional aspects

(arts. 2, 3, 7, 8 and 19). In accordance with article 3, the non-discrimination principle

constitutes one of the main pillars of the basic security system. The Government has created

comprehensive legislation by translating both European Union Directive 2000/43/EC and

European Union Directive 2000/78/EC in order to prohibit all forms of discrimination

based on race or ethnic origin, in any area or sector, both private and public, and to regulate

the prohibition of discrimination on grounds of religion or belief, disability, age or sexual

orientation as regards employment and occupation.

47. Italy has developed a regulatory reference framework to combat hate crimes by

adopting measures to support potential victims of discriminatory actions and conduct and

by means of a system of penalties. The legislation provides for the punishment of

organizations, associations, movements or groups that have among their aims incitement to

discrimination or to violence motivated by racial, ethnic or religious reasons. It sets out

aggravating circumstances for all crimes committed on the ground of discrimination or

racial hatred. By law, judicial authorities have to verify any existence of criminal content in

documents, speeches and programmes made by political representatives.

48. The Office of Studies and Institutional Relations under the Presidency of the

Council of Ministers is in continuous contact with and cooperates with the national

organization of the Jewish community, mainly regarding issues related to the

implementation of the intesa1 and problems of discrimination.

49. Since 2010, the Committee for Italian Islam has focused on issues of integration and

the exercise of civil rights. It has issued position papers, endorsed by the Ministry of the

Interior, on the Islamic veil and places and ministries of worship. The National Office

against Racial Discrimination (UNAR), established at the Department for Equal

Opportunities under the Presidency of the Council of Ministers and operating as a national

equality body, is entrusted by law with the promotion of equality and the eradication of

discrimination; to that end, it assists victims and monitors discriminatory phenomena in

Italy.

50. The Observatory for Security against Discriminatory Acts (OSCAD), established in

2010 in response to the demand for security from potential victims of discrimination,

1 A special agreement between the Government and a religious confession, which provides, inter alia,

for the autonomy and independence of a denomination and for issues fundamental for believers and

religious practices. Such agreements generally include provisions for spiritual assistance in collective

institutions; education; recognition of civil marriages; fiscal treatment and financial relations between

the State and the religious denomination; protection of places of worship and cultural and historical

assets; guarantees regarding cultural identity; free exercise of worship; religious festivities; and the

organization and management of religious confessions.

adopts a comprehensive approach, including the intervention of police forces to prevent and

repress hate crimes.

51. The Government of Italy stated that it was fully committed to promoting

interreligious dialogue and to preventing and resolving situations of discrimination and

violation of the right to religious freedom by local governments, in particular concerning

the burial of non-Catholics and the construction of places of worship. In order to fight all

forms of religious discrimination and societal prejudice, particularly against Jewish and

Muslim communities, the Government continues, inter alia, to host meetings to increase

educational awareness and interreligious dialogue, while prominent religious and

government officials encourage mutual understanding. In recent years, the Ministry of the

Interior funded several projects to promote interfaith dialogue within the European

Integration Fund framework.

52. Italy indicated that many training activities, including human rights education for all

law enforcement agencies, had been introduced. The School of Civil Administration offers

training courses to law enforcement officials on issues related to anti-Semitism and the

Holocaust. Several central and local administrations organized initiatives aimed at raising

public awareness.

Norway

53. The Ministry of Children, Equality and Social Inclusion is responsible for

coordinating integration policies for immigrants and their children, to ensure that national

policies in various fields function in unison and contribute towards achieving the goals of

equal rights and duties. Dialogue and cooperation between different religious and “life

stance” (non-religious) communities can foster mutual understanding and achieve respect

and appreciation for both differences and common values. Financial grants have been

provided for the Council for Religious and Life Stance Communities, the Christian Council

of Norway and the Islamic Council of Norway.

54. Authorities have a developed a system to prevent religiously motivated hate crimes,

which involves municipal units, local police, political parties and civil society. Police

councils and services for the coordination of local crime prevention have been set up in

more than 300 municipalities.

55. In 2014, the Ministry of Children, Equality and Social Inclusion funded the

Norwegian campaign entitled “Young people combating hate speech online”, as part of the

European No Hate Speech Movement. The campaign is aimed at combating discrimination,

harassment and hate speech on the Internet, and at supporting young people and groups in

society who can be especially subjected to it.

56. Norway stated that section 135 a of the Criminal Code criminalized the uttering of

discriminatory or hateful statements, which were defined as threatening or insulting anyone,

or inciting hatred or persecution of or contempt for anyone because of his or her skin

colour, national or ethnic origin, religion or life stance, or homosexuality, lifestyle or

orientation.

57. The Government has an action plan against radicalization and violent extremism.

Among its 30 measures, a project is to be launched to prevent hate rhetoric and

discriminatory attitudes on the Internet. Oslo police have set up a special hate-crime unit.

Other measures taken to improve the response to hate crimes are police officer training

involving non-governmental organizations and regular round tables with civil society to

establish dialogue and cooperation.

58. Since 2012, the Government has also funded a project for the prevention of anti-

Semitism, racism and undemocratic attitudes (DEMBRA), led by the Centre for Studies of

the Holocaust and Religious Minorities, in cooperation with the European Wergeland

Centre and the University of Oslo. The Ministry of Education and Research commissioned

a study on how indigenous peoples and national, ethnic and religious minorities are

described, and how questions related to immigration and cultural diversity, anti-Semitism,

xenophobia, racism, extremism, terrorism and radicalization are discussed, in textbooks for

schools. The Norwegian Directorate for Education and Training launched a guide on

national minorities for staff in kindergartens and schools in 2014.

59. The anti-discrimination act prohibits discrimination on the basis of religion or belief,

and requires public authorities to make active, targeted and systematic efforts to promote

equality irrespective of ethnicity, religion or belief.

60. The State and the municipalities have a financial responsibility for the Church of

Norway. For several decades, other religious and life stance communities have had a

statutory right to claim an annual financial grant per member of the community from both

the State and the municipalities. The grants scheme secures equal financial treatment of all

religious and life stance communities in Norway. About 700 such communities, including

Buddhist, Christian, Hindu, Islamic, Jewish and humanistic communities, receive financial

grants under the scheme.

61. Norway noted that no allegations had been made with regard to racial profiling.

Spain

62. In Spain, four key developments and activities were carried out to implement the

action plan outlined in paragraphs 7 and 8 of Council resolution 25/34. The Advisory

Commission on Religious Practice (CALR) was modified by Royal Decree 932/2013 in

order to enhance the presence of religious groups in the Commission and to enrich the

space and dialogue of confessions within the Commission. New measures have been

created to improve knowledge of the situation of religious freedom in Spain and, therefore,

of religious groups, including the preparation and submission of an annual report to the

Government on the situation of the right to religious freedom in Spain, and the collection of

information on action by the public administration related to the development and exercise

of the right to religious freedom, thus strengthening the ability of CALR to obtain

information on situations that can affect religious groups and believers and to raise its

conclusions with government authorities. Specific working groups study and analyse issues

affecting religious groups with a view to finding out more about their situation and

identifying joint solutions, alternatives or initiatives to improve social life.

63. Spain participates in the King Abdullah Bin Abdulaziz International Centre for

Interreligious and Intercultural Dialogue, located in Vienna, which seeks to enable,

empower and encourage dialogue among followers of different religions and cultures

around the world. In November 2013, a government delegation from Spain participated in

the international conference entitled “The image of the other” aimed at implementing best

practices in interreligious and intercultural education developed in the Euro-Mediterranean

region.

64. The Observatory for Religious Pluralism in Spain developed a knowledge transfer

tool underpinned by an agreement among the Ministry of Justice, the Spanish Federation of

Municipalities and Provinces (FEMP) and the Pluralism and Coexistence Foundation for

public management of religious diversity. The Observatory produces management guides

and serves as a reference portal for religious groups and communities and confessions,

researchers and the general public. The European Commission designated the Observatory

as a good practice in combating religious intolerance (see www.observatorioreligion.es).

65. The Pluralism and Coexistence Foundation developed a training plan related to the

leadership and management of religious organizations and groups. Its general objectives are

to increase knowledge of the regulatory framework concerning freedom of conscience and

religion in Spain and of the management procedures necessary for the constitution and

functioning of religious entities and their places of worship, and to improve the dialogue

between religious entities and municipal authorities. The Foundation collaborates with

various municipal authorities.

Syrian Arab Republic

66. The Syrian Arab Republic indicated that media discussions and talk shows to raise

awareness about religious values and the risks associated with hatred and incitement had

been broadcast in the country.

67. Networks and dialogues in which all religious leaders, as well as politicians and

academics, take part have been established. The national educational curriculum is used to

maintain moderate religious values and to encourage tolerance domestically, and a new e-

school project was established to promote opportunities for students to have access to and

follow Ministry of Education curricula. The Syrian Arab Republic stated that,

unfortunately, given the current conflict situation, “books and leaflets were introduced by

terrorist groups” to promote “takhfiris”.

68. The Government reported that it was aware of the dangerous role the media could

play in the promotion of incitement, noting the use of media to promote fatwas that justified

terrorism and sexual slavery, and that incited discrimination, violence and destruction of the

religious sites of others and the killing of minorities.

69. The Syrian Arab Republic stated that a new mechanism had been adopted to

decrease tensions among specific religious groups, tensions that had not previously existed

in the country. The Ministry of Religious Affairs has adopted a mechanism that enables it

to oversee all religious groups, achieve equality among them and integrate them in the

country’s activities and planning. The role of the Ministry of National Reconciliation is to

protect Syrian society, especially during the ongoing conflict, and support has been

provided to religious leaders, particularly through consultation with them. The Union of

Scholars of Bilad al-Sham (the Levant) was assigned to promote moderate religious values

and improve understanding between all sects and schools of thought. Meetings between

Muslim and Christian leaders and joint training and seminars have been organized to

promote tolerance and equality in all components of Syrian society.

70. Religious freedom is encouraged through the enhancement of the capacity of

individuals of different religions to profess their religion. The Syrian Constitution

guarantees the right to practise all religious beliefs and the social diversity of the Syrian

society as a national heritage which serves to improve national unity. Freedom of religion

applies equally to all citizens in the enjoyment of rights and obligations and guarantees the

right to contribute to economic, social and cultural life, without discrimination.

71. The Syrian Arab Republic stated that the phenomenon of religious profiling was

non-existent in the country; however, existing laws, such as the Penal Code and the

Military Penal Code, were in place to combat it.

72. The Syrian Arab Republic suggested actions to address issues of incitement to racial,

national and religious hatred, including the following: (a) use the Rabat Plan of Action on

the prohibition of advocacy of national, racial or religious hatred that constitutes incitement

to discrimination, hostility or violence as a framework to combat incitement to hatred; (b)

promote tolerance in the educational system in order to combat discrimination in the

educational system; (c) promote the depoliticization of religion; (d) continue dialogues at

all levels and between countries as a way to “guarantee the specificity of all nations”; and

(e) adopt mechanisms to hold accountable those countries that have jurisdiction over

individuals and organizations that incite religious intolerance.

Turkey

73. Freedom of religion and conscience is guaranteed by the Constitution and relevant

legislation. Minority rights in Turkey are regulated in accordance with the Treaty of

Lausanne, under which Turkish citizens belonging to non-Muslim minorities fall within the

scope of the term “minority”.

74. A number of foreign clergy have been registered in Turkey to serve in places of

worship with the relevant working permit. There are 387 places of worship belonging to

non-Muslim communities, including 87 churches run by foreigners residing in Turkey.

Non-Muslim places of worship are administered by their own associations or foundations

and property rights regarding places of worship rest with the real or legal persons who

founded them. A decree amending the Law on Foundations was published in August 2011,

improving the situation of non-Muslim community foundations regarding the registration of

their property.

75. On 13 May 2010, the Office of the Prime Minister issued a circular confirming that

all Turkish citizens, independent of their religious communities, constitute an inseparable

part of Turkey, and urging all related government institutions and offices to act with the

utmost diligence for the elimination of problems encountered by non-Muslim minorities.

76. Positive steps continued to be taken in favour of different faith groups in the areas of

education and culture. The Ministry of National Education reviews course materials

annually to remove connotations that might be perceived as discriminatory by different

faith groups. Pursuant to a request from Assyrian citizens, the Ankara 13th Administrative

Court has ruled that Assyrian language courses can be delivered along with the curriculum

of the Ministry of Education on certain days or during certain hours of the week in a

preschool to be opened under a community foundation.

77. Permission was granted to a Greek minority school in Gökçeada to reopen in the

academic year 2013/14, following the demand of the Greek community.

78. Since 28 February 2012, newspapers belonging to minorities, as defined in the

Treaty of Lausanne, have been allowed to publish official advertisements upon written

application.

79. The “democratization package” of September 2013 brought about significant

improvements in the area of freedom of religion and conscience, as the ban on women

wearing headscarves in public service was lifted and sanctions for preventing persons from

individual worship and fulfilling requirements of religious beliefs were introduced in the

Turkish Penal Code. Lifestyle is protected by law and, for the first time, hate crimes are

punishable under the Code.

80. The title of article 122 of the Turkish Penal Code was changed from

“discrimination” to “hatred and discrimination” within the framework of Law No. 6529 of

2 March 2014, and the penalty for the offence has been increased. Article 216 of the

Turkish Penal Code regulates the prevention of incitement to social, racial, religious or

regional enmity or hatred. In addition, under article 115 of the Code the act of hindering the

exercise of freedom of belief, thought and conviction is punishable, while article 153

penalizes acts of damage to places of worship, such as churches and mosques, and the

property used in such places, and to cemeteries and the facilities and protective structures

thereof.

81. Turkey cited a number of other laws and regulations that prohibit discrimination on

the basis of race, language, sex, religion, political opinion, nationality or social origin.

United Kingdom of Great Britain and Northern Ireland

82. The United Kingdom outlined key legislation to protect victims and tackle

offenders, including provisions setting out specific offences relating to stirring up hatred on

the grounds of race, religion, belief and sexual orientation (under Part III and Part IIIA of

the Public Order Act 1986 as amended); separate racially and religiously aggravated

offences, which carry a higher maximum penalty than non-aggravated offences (under the

Crime and Disorder Act 1998); and powers for the courts to increase the sentence of an

offender convicted of a crime where hostility towards the victim is based on several

grounds, to reflect the seriousness of hate crime (Criminal Justice Act 2003).

83. In March 2012, a cross-Government action plan was published in England to tackle

hate crime, bringing together the work of a wide range of departments and agencies to:

prevent hate crime; increase reporting and victims’ access to support; and improve the

operational response to hate crimes. It includes specific work programmes to tackle anti-

Semitism and anti-Muslim hatred and actions to better engage with disabled and

transgender persons, Gypsy, Traveller and Roma communities and new migrants and to

tackle racism, homophobia and transphobia in sports.

84. Recently, a review of actions to tackle hate crime was conducted. Close cooperation

with a wide range of voluntary sector and community representatives, front-line

organizations and the Government’s Independent Advisory Group on Hate Crime is

ongoing, which provides insight into the day-to-day experience of hate crime.

85. In that context, one of the challenges that have continued to evolve is the task of

removing hate material from mass media channels such as the Internet, while protecting

freedom of expression. The Government is working with the police and the Independent

Advisory Group on Hate Crime to build relationships with leading social media providers

and to improve their response to offensive and illegal hate-related content online, including

through support to the international working group of the Inter-Parliamentary Coalition for

Combating Antisemitism, to find collaborative solutions to reduce the harm caused by

hatred on the Internet.

86. With regard to anti-Muslim hatred, police forces across the country work together

with Muslim communities and organizations to provide reassurance, security measures and

safety advice. In some areas 24-hour police patrols are in place to safeguard high-profile

premises. The United Kingdom outlined a number of projects under way, including: (a) the

first cross-Government working group on anti-Muslim hatred; (b) the launch of Tell

MAMA, the first third-party reporting service to record incidents and support victims of

anti-Muslim hatred; (c) the hosting of the first Srebrenica Memorial Day in the United

Kingdom; (d) support from the Department of Communities and Local Government for

social media workshops aimed at countering hatred online in Birmingham and Leeds,

following two initial workshops held in London and Manchester; and (e) a number of road

shows held by the Department of Communities and Local Government around the United

Kingdom in March and April 2014 to promote the work of integration and combat anti-

Muslim hatred, and to engage with the communities to find out what more the Government

can do.

87. With regard to anti-Semitism, the United Kingdom continues to be a strong

supporter of work in international organizations to combat anti-Semitism. It plays a leading

role in the Organization for Security and Cooperation in Europe (OSCE) activities in

relation to the Berlin Declaration to combat hate crime, including anti-Semitic hate crime,

and was represented at ministerial level at the OSCE conference in November 2014

marking the tenth anniversary of the Declaration.

88. With the London Jewish Cultural Centre, the United Kingdom organized two

seminars for journalists on how to report sensitively on difficult issues without fuelling

anti-Semitism.

89. The United Kingdom is the Chair of the International Holocaust Remembrance

Alliance, which is working on a new multi-year work programme for all member States to

improve the ways in which they teach, research and commemorate the Holocaust. The new

work programme gives priority to the study of the killing sites across Europe, renewed

efforts to open up closed public and private archives, wider dissemination of good practice

in Holocaust teaching in schools and the raising of the profile of Holocaust remembrance

days.

United States of America

90. The Constitutional prohibition on the establishment of a religion by the Government,

along with protections for freedoms of speech and association, as well as further protection

of those freedoms for all individuals, have contributed to combating intolerance and

discrimination against persons on the basis of religion or belief. The United States of

America stated that robust protections on freedoms of expression, religion, association and

assembly formed the basis for pluralism in the United States and for the ability of members

of all religious communities and non-religious communities to participate fully in society

and to contribute openly on an equal footing. (See www.justice.gov/crt/spec_topics/

religiousdiscrimination/).

91. At the Department of Justice, the Special Counsel for Religious Discrimination

coordinated legal cases involving religion-based discrimination among the various sections

of the Civil Rights Division and oversaw outreach efforts to religious communities. The

Division has actively enforced the Religious Land Use and Institutionalized Persons Act of

2000, which protects houses of worship from discriminatory or unjustifiably burdensome

zoning regulation. The efforts of the Equal Employment Opportunity Commission and the

Civil Rights Division have also included outreach to affected communities, Commission

guidance, fact sheets, question and answer documents for employers, and enforcement

efforts by both agencies.

92. The Community Relations Service at the Department of Justice works on

engagement with members of diverse communities, encouraging the creation of

collaborative networks and creating mechanisms to work with different communities with

regard to potential areas of conflict. The Service has created a set of “best practices” to

address hate crimes and has worked directly with hundreds of rural, suburban and urban

governments to help eliminate racial distrust and polarization and provide assistance to

bring together law enforcement agencies and members of minority neighbourhoods. It also

created a law enforcement roll-call video entitled The First Three to Five Seconds, which

helps police officers reduce tension by differentiating between threats and cultural norms in

non-crisis situations.

93. The Office for Civil Rights and Civil Liberties at the Department of Homeland

Security also conducts public outreach and engagement initiatives with groups, including

American Arab, Muslim, Sikh, Somali, South Asian and Middle Eastern communities, such

as conducting regular community leader round tables in eight cities and youth round tables

around the country. Training is also provided for law enforcement personnel and

intelligence analysts, where topics of discussion include addressing misconceptions and

stereotypes of Islam and Muslims, a how-to guide for community interaction, effective

policing that actively prohibits racial or ethnic profiling, and federal approaches to

engagement and outreach.

94. The President and other senior government officials have spoken out against

intolerance. The United States sponsors and encourages interfaith dialogue.

95. The United States also engages in international efforts to foster a global dialogue. It

hosted an expert-level meeting on implementing Human Rights Council resolution 16/18 in

Washington, D.C. in December 2011, developed a country-to-country workshop

programme to explore best practices in implementing the resolution during 2013 in Bosnia

and Herzegovina, Greece and Indonesia, and planned additional programmes in 2014.

96. On potential further follow-up measures, the United States stressed the importance

of encouraging States to implement the steps outlined in resolution 25/34. Implementation

meetings on best practices were helpful to that effort; such meetings should be focused on

concrete steps outlined in the text and involve domestic officials charged with

implementing government policies on those issues. The United States stated that “meetings

that seek to explore issues beyond implementation of the text, or which do not include

experts, will distract from implementation efforts and will fail in addressing the concerns

set forth in the resolution text”. It also noted the importance of involving civil society in

implementation efforts. Reporting to the Office of the United Nations High Commissioner

for Human Rights (OHCHR) on the implementation of the steps outlined in the resolution

was an important measure of progress, and States should be encouraged to contribute to

such reporting.

III. Activities undertaken by the Office of the United Nations High Commissioner for Human Rights

97. OHCHR continued to work on follow-up to the Rabat Plan of Action and the

implementation of Human Rights Council resolution 16/18 and its successor resolutions,

including 25/34, as well as similar resolutions of the General Assembly, at the national and

international levels. The Office organized events to consider issues related to combating

religious intolerance. For instance, it held a panel discussion for the International Day of

Commemoration in memory of the victims of the Holocaust on 28 January 2014 in Geneva.

In September 2013, a database on best practices that includes pertinent information on

incitement to national, racial or religious hatred was launched.

98. In terms of technical assistance, specific thematic events were organized in Belarus

and Tunisia. In cooperation with the United Nations Development Programme and the

Belarusian Ministry of Foreign Affairs, a seminar entitled “Combating incitement to hatred,

xenophobia and related intolerance in cyberspace” was held in Minsk on 2 and 3 September

2014. The seminar considered national and international efforts to combat incitement to

hatred, xenophobia and related intolerance on the Internet, and the role of national and

international media in combating hate speech, xenophobia and related intolerance.

99. In Tunis, from 16 to 18 October 2014, OHCHR and the United Nations Educational,

Scientific and Cultural Organization jointly held a regional workshop on the role of civil

society and media in promoting tolerance and diversity in the Middle East and North

African‎ region, in the light of the Rabat Plan of Action. Participants in the workshop

suggested concrete steps towards the establishment of an effective regional civil society

partnership against incitement to hatred, which could develop into a structured coalition in

the future. Focal points from each of the participating countries agreed to begin working

together on the modalities of the establishment of a regional coalition.

100. A conference on combating religious intolerance is planned for 2015, to contribute

to the practical implementation of Human Rights Council and General Assembly

resolutions on combating intolerance, negative stereotyping, stigmatization, discrimination,

incitement to violence and violence against persons, based on religion or belief, aimed at

increasing practical exchange and dialogue on issues of freedom of religion and belief by

Governments and other actors.

IV. Conclusions

101. The Office of the United Nations High Commissioner for Human Rights

received 15 replies to the note verbale sent pursuant to paragraph 12 of Human

Rights Council resolution 25/34, in which the Council invited submissions from

Member States. Responding States reported broadly on their efforts in relation to the

provisions contained in paragraphs 7 and 8 of the resolution. The High Commissioner

invites States to consider requesting more focused submissions on a limited number or

specific provisions of the resolution.

102. The information provided by States on their efforts and measures for the

implementation of the action plan outlined in paragraphs 7 and 8 of the above-

mentioned resolution indicates that the steps taken by States are largely policy

oriented or legal in nature, with many enshrining protection against discrimination on

the basis of religion or belief in national constitutions, criminal codes and civil laws

and regulations.

103. A number of States are working to address hate crimes at the domestic level.

Advocacy of incitement to hatred is for the most part criminalized and often

prohibited on several grounds, including religion or belief. It was also noted that

protecting freedom of expression and opinion was important to ensuring equality and

countering religious intolerance.

104. Extremism and radicalization, often leading to hate crimes and violence, were

being addressed through social cohesion and integration programmes and police and

security responses, often coupled with regular engagement and interaction with grass-

roots communities and young people, and data gathering and monitoring. A number

of States have governmental strategies or plans in place to address issues of extremism

and radicalization.

105. Almost all of the States that contributed information provide for a channel or

some form of communication and consultation between religious groups and

communities and government authorities. Numerous practical examples were cited of

established networks, communication bodies and/or forums between State institutions

and religious groups or communities, with some focused on policing and security

matters and others serving as general forums of exchange.

106. Intolerance, stigmatization, negative stereotyping and discrimination, in

particular, are addressed also through public awareness-raising campaigns and

educational measures. States also fund local and national projects aimed at promoting

capacity-building, social cohesion and interfaith dialogue and increasing the

participation of religious groups and communities.

107. Most States reported that there was religious freedom and pluralism

domestically and that members of religious groups and communities were able to

manifest their religion and contribute openly and on an equal footing in society.

Religious freedom is often guaranteed at the constitutional level, and in accordance

with domestic law. Several responses referred to the domestic legal frameworks, and

subsequent amendments improving them, that allowed the practice of one’s religion

and provided for the functioning and management of religious communities and

associations.

108. Training on human rights, tolerance, anti-discrimination and the prevention of

stereotypes is provided for government officials and public functionaries, especially in

law enforcement, police and security services, in some countries. Some respondents

noted that no issues of religious profiling had been identified domestically.

109. Some States undertake national and international initiatives to combat

incitement to hatred, xenophobia and related intolerance on the Internet, and to

address the role of the media in combating hate speech, xenophobia and related

intolerance, including on the Internet. The Internet was generally identified as a

medium for hate speech. However, it is also used as a means to tackle issues associated

with discrimination on the basis of religion or belief, as it presents a forum for

exchange, expression, dialogue, education, knowledge-management and information-

sharing between and among networks, security officials and communities.