34/35 Combating intolerance, negative stereotyping and 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.17-04258(E)



Human Rights Council Thirty-fourth session

27 February-24 March 2017

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 and 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 31/26

in which the Council requested the High Commissioner to prepare and submit to the

Council at its thirty-fourth session a comprehensive follow-up report with elaborated

conclusions based upon information provided by States on the efforts and measures taken

for the implementation of the action plan outlined in paragraphs 7 and 8 of resolution 31/26

and views on potential follow-up measures for better implementation of that plan.

* The present document was submitted after the deadline in order to reflect the most recent developments.

United Nations A/HRC/34/35

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 31/26

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

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

paragraph 13 of resolution 31/26, the Council requested the High Commissioner to prepare

and submit to it at its thirty-fourth session a comprehensive follow-up report with

elaborated conclusions, based upon information provided by States, on the efforts and

measures taken for the implementation of the action plan outlined in paragraphs 7 and 8 of

the resolution, and views on potential follow-up measures for further improvement of the

implementation of that plan.

2. On 15 March 2016, the Office of the United Nations High Commissioner for Human

Rights (OHCHR) sent a note verbale to Member States seeking contributions to the report

to be prepared pursuant to resolution 31/26. Seventeen contributions were received. In

sections II and III below, the High Commissioner summarizes those contributions. 1 In

section IV, the High Commissioner provides some observations and views on follow-up

measures for further improvement in the implementation of the action plan and in section V

he draws conclusions and makes recommendations for action by Member States.

II. Information received from Member States

Argentina

3. Interreligious policy in Argentina is led by the Ministry of Foreign Affairs and

Worship. The Secretary for Worship maintains the relationship between the national

Government and religious entities, apart from the Roman Catholic Church.

4. The mandate of the National Institute against Discrimination, Xenophobia and

Racism includes strengthening and promoting the principle of pluralism and religious

diversity; promoting the diversity of cults and confessions as a value in society; and

promoting the eradication of discriminatory practices, stereotyping and prejudices, directed

in particular against followers of African religions.

5. The Institute proposes initiatives in this regard and is mandated to consider

complaints on diverse grounds of discrimination, including anti-Semitism and

Islamophobia. It also provides assistance to victims of discrimination.

6. The Institute tackles the issue from different angles, including through prevention

and by promoting activities, such as the Afrodescendant programme and the intercultural

section, which are aimed at amplifying and effectively implementing public policies, taking

into account the specific needs and realities of people of African descent.

Australia

7. Australia reported that all Australians were entitled to express and practise their

religion and beliefs, without intimidation or interference, provided those practices were

within the framework of Australian law. The Constitution prohibited the Government from

making any law establishing any religion, imposing any religious observance or prohibiting

the free exercise of any religion (section 116).

8. The Constitution also contained an implied guarantee of freedom of communication

in relation to political matters. That freedom could be limited only by laws that were

reasonably appropriate and adapted to achieving a legitimate end or overriding public

1 The original texts of the contributions provided by Member States are available from

http://adsdatabase.ohchr.org/.

purpose, such as the protection of the community from the dangers provoked by material

promoting violence.

9. A multicultural community liaison officer network operated across Australia,

developing productive and collaborative engagement with diverse communities, including

religious groups and key stakeholders, to strengthen linkages to the Government and

support a productive and diverse society. An ethnic liaison officer network had been

created in 2013 to facilitate interaction with ethnic communities and the Department of

Immigration and Border Protection. Australia had funded a range of community-led mentor

training programmes and workshops that supported youth and individual leaders in

countering violent extremism.

Bosnia and Herzegovina

10. The Interreligious Council of Bosnia and Herzegovina identifies and resolves

potential tensions between members of different religious communities and solves

problems based on information obtained from competent bodies, communities and officials.

11. A human rights strategy for the fight against discrimination is being developed to

analyse the domestic situation, set priorities, propose measures and focus efforts to improve

the level of protection and promotion of human rights.

12. The law on freedom of religion guarantees that everyone has the right to freedom of

religion or belief, including freedom to publicly profess, or not, a religion. Under the law,

the following are all prohibited: attacks on religious officials; attacks on or damage done to

religious buildings or the property of churches or religious communities; activities or

actions aimed at the dissemination of religious hatred against any church or religious

community, or its members; the denigration or ridiculing of any religion; the public use of

symbols, signs and attributes or the name of a church or religious community without

consent; incitement, encouragement or call for religious hatred and prejudices; and forcing

a person to manifest a religion or belief.

13. Bosnia and Herzegovina has completed two basic agreements with the Holy See and

the Serbian Orthodox Church and expects to sign an agreement with the Islamic community

very soon. The Interreligious Council has started a project on the monitoring of and

responses to attacks on religious sites and other holy sites.

Brazil

14. The Secretariat for Human Rights holds hearings in different states, promotes

dialogue between religious leaders, government and civil society and advocates for the right

to freedom of religion or belief. It supports victims of religious intolerance and violence

and seeks to improve the monitoring of violence. Created in 2014, the National Committee

for Respect for Religious Diversity is composed of representatives of civil society and

government, as recommended in the national plan for human rights: 5 state committees and

13 municipal committees are charged with promoting religious diversity.

15. A specific unit was created at the end of 2015 for followers of religions of African

origin who are victims of religious discrimination and violence. The Government is also

establishing a protection network for victims of religious intolerance and violence aimed at

monitoring and following up on complaints.

16. There is a programme on television, which presents different religions and raises

awareness based on concrete cases. Since 2001, the National Day for the Fight against

Religious Intolerance has been celebrated on 21 January. In 2016, 20 Brazilian states

organized events mobilizing people and bringing greater visibility to these issues.

17. Brazil reported on the training of civil servants in the executive, legislative and

judicial branches, school management and professors and on the organization of public

hearings with different ministries related to religious pluralism in the country.

Denmark

18. The National Police launched a nationwide programme in November 2015 to

monitor hate crimes. The police have also initiated a dialogue with a number of

stakeholders, with a view to establishing closer cooperation and determining ways to

increase the number of reports of hate crimes by victims.

19. Section 244-246 of the Criminal Code contains provisions regarding violence and

assaults. Section 23 provides for an offence if a person is complicit in such acts by

incitement or aiding and abetting a wrongful act. Section 81 (6) of the Code makes it an

aggravating circumstance in the sentencing of a criminal act, if the act was motivated by the

ethnic origin, religious beliefs or sexual orientation of others, or similar motivations.

Section 266 (b) provides that any person who publicly, or with the intent of dissemination

to a wider group, issues a statement or other communication threatening, humiliating or

degrading persons of a particular group because of their race, colour, national or ethnic

origin, religious faith or sexuality will be liable to a fine or imprisonment for a term not

exceeding two years.

20. According to section 137 (2) of the Criminal Code any person who disturbs, inter

alia, a service of worship or other public church service by noisy or disorderly behaviour, or

who disturbs a funeral or burial service in an improper manner will be liable to a fine or

imprisonment for a term not exceeding two years.

Egypt

21. The Ministry of Awqaf (religious property) is responsible for the promotion of the

concepts of human rights and freedoms through the dissemination of a culture of tolerance

and coexistence. It reports on the forum of tolerance and moderation in the Supreme

Council of Islamic Affairs, under the purview of the Ministry, which promotes dialogue and

a culture of economic and social rights and the rejection of violence, intolerance, terrorism

and religious hatred. On 18 September 2015, a Friday preaching was circulated in all

mosques in Egypt, which referred to human rights, the humane aspects of human rights and

the defence of the dignity of man. The Ministry circulates preaching materials on peaceful

coexistence and human values, in order that the public understand the necessity of rejecting

violence and terrorism, and it calls for moderation, secularism and safety as a way to

stabilize nations and societies.

22. On “Humanitarian Work Day” in the United Arab Emirates, the Minister of Awqaf

gave an important lecture at the Sheikh Zayed Al Kabir mosque in Abu Dhabi concerning

peaceful coexistence between religion and jurisprudence. The Ministry organizes meetings

and intellectual seminars in clubs and staff unions on many subjects, including the rejection

of discrimination, women’s rights and incitement to violence. There are seminars, day

courses and religious evenings organized on a weekly basis in mosques around the country,

during which freedom of expression, the protection of human rights and the teaching that

Islam calls for peaceful coexistence with others, independent of religion, confession and

thought, as well as the principle of “no harm to others”, are discussed.

Germany

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

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

which come under the heading of politically motivated crime. Under criminal law, hate

crime involving contempt for other human beings, which includes discrimination or

violence based on religion or faith, means that the courts generally hand out stricter

sentences, or, in the case of murder, consider the offender to have acted from base motives

(section 211 of the Criminal Code). Hate crimes are prosecuted as offences against State

security. The police forces of the federal Länder support victim assistance projects,

associations and institutions and other counselling bodies in an effort to encourage those

seeking help to come forward, to reduce barriers and to raise confidence in the police and

their work.

24. In 2015, the obligation to prove “bias motives” and document the result in cases of

violent crime was implemented in the guidelines for police investigations with the main

objective of comprehensively recognizing “bias motives” during police investigations in

order to ensure their consideration as an aggravating circumstance during prosecution and

sentencing.

25. Recently, the Federal Ministry of Justice and Consumer Protection established a task

force together with Facebook, Google, Twitter and several civil society organizations, to

jointly work out suggestions on how to deal with hate speech on the Internet. The

participants agreed that hate speech prohibited under German law will also be reviewed and

removed from the Internet in a timely manner. Hate speech can, according to German law,

constitute a statutory offence when incitement to hatred or violence is directed against a

person or a group on the basis of race, ethnic origin, nationality, religion, sexual orientation

or identity, gender, age, disabilities, or any other characteristic immanent in the group.

Guatemala

26. With reference to the protocol for the identification, attention and reference of cases

of violence in the national educational system, the Ministry of Education has developed

various different manuals to be used by teachers and students.

27. The Group of Four is a strategic alliance between the Catholic Church, the Human

Rights Procurator, the President of the Evangelical Alliance and the rector of the University

of San Carlos de Guatemala, to follow up on national priority issues and acts as a guarantor

group of national agreement for the advancement of security and justice, working in

ecumenical groups, which include priests and Mayan spiritual leaders of social prominence

at the national level.

28. Article 37 of the Political Constitution establishes the freedom of all religions in the

practice of their worship and recognizes the legal status of the Catholic Church. Other

churches, religious entities and religious associations obtain recognition of their legal status

according to their institutions, which the Government cannot deny other than for public

order reasons.

29. The unit for Sacred Sites and the Practice of Mayan Spirituality, created by the

Ministry of Culture and Sports, supports the Higher Council in its responsibilities and

search for solutions faced by spiritual leaders and people who practise Mayan spirituality in

sacred sites, monuments, parks or archaeological centres located on the national territory

and which are under the administration of the Ministry. Spiritual leaders have been granted

free access to the sacred places or archaeological sites under the jurisdiction of the Ministry

to perform their ceremonies.

Indonesia

30. The Forum of Interreligious Harmony is a platform for promoting dialogue and an

avenue for collaboration on combating violent extremism by providing recommendations to

the State on the issuance of permits for places of worship. It also undertakes mediation

services in cases of conflict. Various stakeholders, including religious leaders, academia,

youth, the media, the private sector and civil society, are involved.

31. Generally, throughout Indonesia local governments involve the local police, the

national army, the Ministry of Religious Affairs, the Forum and attorneys in nurturing

public order and harmony among members in society. In February 2016, the National

Human Rights Commission held a public forum on freedom of religion and belief, in which

several high-level officials took part, including the Minister for Interior Affairs and the

Minister for Religious Affairs.

32. At the national and provincial levels, the Office of the Ministry of Religious Affairs

has carried out a media education series on sensitization among journalists and chief

editors.

33. Launched on 28 May 2016 in Papua Province by the Minister for Religious Affairs,

the “religious harmony integrity zone programme” promotes the integrity of the Indonesian

people and community by integrating religious elements in its public awareness

programme. The Centre for Religious Harmony at the Ministry is the lead government

agency responsible for empowering communities, religious groups and religious leaders,

and provides guidelines on the maintenance of peaceful coexistence.

34. Indonesia launched a new initiative on empowering leaders of peace through digital

platforms in February 2016 to create a global and integrated counter-narrative campaign

against the spread of extremist ideology through the spread of social media messages of

peace and the spirit of tolerance.

Iraq

35. The 2005 Constitution ensures the rights and freedoms of minorities in Iraq.

Freedom of religion is provided for under article 2 and the right to teach children their

native language, such as Turkish, Syrian and Armenian, is ensured. The Constitution also

provides for the right to live without discrimination and has provisions on freedom of

thought, conscience and beliefs. It also provides for freedom of religion and protection of

places of worship.

36. In the Constitution, minorities have the right to be treated as citizens and have a role

in the Council of Representatives.

37. Iraq noted that the Penal Code provides for more than three years’ imprisonment or

a fee of 300 dinars for deliberately disrupting religious meetings; openly condemning

people because of their religion; and openly disrespecting the religious opinions of others.

38. The Government has created entities, such as the Ministry of Human Rights, to

improve laws for all Iraqis, noting that all religions are governed by the same laws. The

Ministry has followed up on complaints, inter alia about the inability of Shabak people to

own land; improved services for the Yazidi population; and complaints by Mandeans at

their underrepresentation.

39. The Government states that it has organized satellite television channels to promote

reconciliation between religious groups; granted citizenship to the children of Kurds and

made restitution of their properties; provided land and properties to minorities to build

places of worship; and supported the teaching of Christianity by Christians. Public officials

and employees receive training and the Government continues to create awareness of hatred

and prejudice and promote religious freedom.

Kazakhstan

40. According to the General Prosecutor’s Office, discrimination is prohibited by article

14 of the Constitution, which stipulates that all are equal before the law and that no one

may be subjected to any discrimination, including on religious grounds. Article 5 of the

Constitution prohibits the establishment and activities of public associations whose

objectives or actions are aimed at inciting racial and ethnic strife. Propaganda and agitation

of racial and national superiority (art. 20) and any actions capable of upsetting inter-ethnic

concord shall be deemed unconstitutional (art. 39).

41. Criminal offences based on national, racial or religious hatred or enmity are

recognized as a circumstance aggravating criminal responsibility and punishment. Article

145 of the Criminal Code provides for criminal liability for direct or indirect restriction of

the rights and freedoms of the individual (citizen) for the above reasons and circumstances.

In 2011, the Criminal Code was amended to include criminal responsibility for crimes

aimed at violating the equality of citizens and the use of torture, and crimes motivated by

ethnic hatred are now treated as aggravating criminal liability.

42. Further to a recommendation by the Committee on the Elimination of Racial

Discrimination to increase the capacity and value of the Assembly of the People,

representatives of ethnic groups living in Kazakhstan are organizing in the framework of

various ethnic and cultural associations, of which there are 820.

Kuwait

43. Article 35 of the Constitution of Kuwait states that freedom of belief is absolute and

that the State protects the freedom to practise religion in accordance with established

customs, provided that it does not conflict with public policy or morals. Article 29 states

that all people are equal in human dignity and in public rights and duties before the law,

without distinction as to race, origin, language or religion. Additionally, the Penal Code and

its amendments criminalize acts that infringe upon freedom of religion or challenge

dogmas, rituals or religious teachings. They also criminalize attacks on places of religious

worship or cemeteries.

44. Article 110 of the Constitution stipulates that anyone who broadcasts, in any way,

views including ridicule or contempt of the religious sector, whether it be to challenge the

beliefs or rituals of teachings or not, shall be punished by imprisonment for a term not

exceeding one year and a fine not exceeding 75 KD.

45. Law No. 19 of 2012 on the protection of national unity includes legal provisions

criminalizing anything that would prejudice national unity or disseminate hate speech.

46. Kuwait reported that owing to the growing phenomenon of terrorism and extremism

and cultural polarization between civilizations and nations, the Council of Ministers had

issued resolution No. 833/2004 to form a supreme committee to promote moderation,

headed by the Minister of Awqaf and Islamic Affairs, to formulate programmes, procedures

and operational plans to protect young people and prevent manifestations of deviation,

intolerance and religious extremism.

47. A national document aimed at promoting a culture of tolerance, peace and

moderation has contributed to consolidating the concept of intercultural dialogue and

disseminating moderation and “centrist awareness” among members of society. The

Ministry of Awqaf and Islamic Affairs is the authority supervising mosques and is working

to direct preachers to educate the community about the values of Islam and spread a culture

of tolerance, cooperation and moderation, which rejects intolerance and extremism, either

through Friday sermons or lessons in mosques.

Morocco

48. Morocco reported on measures to encourage constructive dialogue and mutual

understanding between different actors to combat violent extremism, including the

dissemination of moderate religious materials through various means, including scientific

chairs and experts disseminating clear positions on different occasions, which denounced

terrorism and the negative interpretation of the religion of Islam.

49. Morocco also indicated a large number of measures and initiatives involving the role

of religious leaders in fighting extremism and promoting interreligious dialogue, such as

ouléma institutions, various partnerships with religious leaders, the testing and certification

of those with religious functions to ensure competence and standards in the undertaking of

their activities, and continuous training according to the national plan of action of imams,

morchidines and morchidates.

50. The national law prohibited violence and discrimination based on origin, colour, sex,

social status and religious affiliation. The Constitution enshrined all human rights,

universality and the principle of equality and non-discrimination, notably in its preambular

paragraphs. Article 7 of the Constitution stipulated that political parties could not be

founded on religious, linguistic, ethnic or regional grounds, or on any other discriminatory

basis.

51. Discrimination on the basis of religion or belief was also outlawed and liable to

sanction by fines or imprisonment, depending on the nature of the offence. Morocco

reported that the penal code was currently being reviewed to be consistent with

international human rights norms, including reflection of the fact that discrimination

affected the enjoyment of public freedoms and had an impact on political, economic, social

and cultural rights.

Pakistan

52. The Government of Pakistan reported that it had undertaken various programmes

and projects to promote harmony in the country, that provincial governments had taken

steps for the further promotion of the rights of all its citizens and that various federal

ministries and government bodies had conducted a number of seminars, conferences and

consultative meetings.

53. The Minister for Religious Affairs and Interfaith Harmony had held meetings with

scholars of all Muslim sects in Karachi, Islamabad, Lahore, Peshawar and Quetta to find

common ground for a shared code of conduct. Interfaith harmony conferences had been

held in all the provincial headquarters in 2015 and there were also local interfaith harmony

committees.

54. The composition and terms of reference for the National Commission for Minorities

included: (a) the development of a national policy on interfaith harmony to explore avenues

for peace and security; (b) consideration of laws, executive instructions, orders and the

practices of government departments and agencies, which may be discriminatory towards

minorities; (c) recommendations to the Government to ensure fuller and effective

participation by the members of minority communities in all aspects of national life; and (d)

ensuring that churches, shrines, temples, gurdwaras and other places of worship of minority

communities were preserved, well-kept and remained fully functional.

55. The Government of Pakistan noted that it had taken serious action against hate

speech: loud speakers had been banned to discourage hate speech and violators arrested.

Electronic media was regulated by the Pakistan Media Regulatory Authority Ordinance

2002 (XIII), which had been strengthened by a 2007 amendment.

56. In addition to constitutional protections and equal rights in respect of the practice of

religion, chapter XV of the Pakistani Penal Code-1860 concerned offences relating to

religion.

57. The Government reported that it had taken legislative steps to ensure the rights of

minorities, including the Hindu marriage bill (2016), the Christian marriage (amendment)

bill (2014) and Christian divorce (amendment) bill (2014), the protection of communal

properties of minority communities act (2014) and the Hindu disposition of property bill

(2014).

Saudi Arabia

58. Saudi Arabia reports that regulations in the Kingdom prohibit discrimination in all

its forms. Article 26 of the Constitution stipulates that the Government will protect human

rights, in accordance with Islamic sharia law, and article 12 provides that the State will

foster national unity and preclude anything that may lead to disunity. Saudi Arabia reports

that while all the citizens of the Kingdom are Muslims, the exercise of worship for non-

Muslims is guaranteed.

59. The King Abdulaziz Center for National Dialogue holds meetings in which

representatives of all denominations and sects in the community participate, with the

objective of raising awareness of the culture of dialogue and of human rights and rejection

of intolerance, hatred and discrimination in all its forms, including racial and ethnic

discrimination. The Centre has signed an agreement with the Ministry of Islamic Affairs to

train imams to practise their role in spreading the culture of tolerance in society through

speeches, lectures and other activities.

60. Saudi Arabia participated in the fifth follow-up meeting on the Istanbul Process for

Combating Intolerance, Discrimination and Incitement to Hatred and/or Violence on the

Basis of Religion or Belief, hosted by the Organization of Islamic Cooperation in Jeddah in

June 2015.

61. Under the laws of Saudi Arabia, any call for religious hatred that constitutes

incitement to discrimination is prohibited. The rights enshrined in the Basic Law and other

laws can be limited by article 39 of the Constitution, which obliges the media and all means

of expression to employ “good words” and prohibits acts which offend human dignity and

rights.

62. Royal decree No. A/44 provides for imprisonment for a term of not less than 3 years

and not more than 20 years for anyone who has committed specific acts, including

affiliation to or support for extremist groups.

Spain

63. The Ministry of Education, Culture and Sport is preparing a strategic plan on

“school coexistence” to foster coexistence and prevent all forms of violence against

students in general and against the most vulnerable groups in particular. The plan

emphasizes prevention, detection and action in situations of harassment or violent incidents,

as necessary, to combat hate speech based on the forms of expression that promote or incite

racial hatred, xenophobia, anti-Semitism and related intolerance, including hate crimes.

64. The school coexistence portal is an online tool with numerous resources for

educational centres, teachers, students and families, which contains information related to

the prevention of radicalism and violence through education.

65. The regulation of hate crimes in Spanish legislation, including those based on

religion, has been extensively reformed by Organic Law 1/2015, through which the Penal

Code was modified specifically to criminalize behaviour that publicly encourages,

promotes or incites, directly or indirectly, hatred, hostility, discrimination or violence of or

against a group or any part of it, or an individual, on the basis of race, nationality, ethnicity,

or other motives related to ideology, religion or belief (art. 1).

66. Spain emphasized the adoption of Law 4/2015 on the status of victims, which

includes a list of procedural rights and protection measures for victims of crimes committed

in Spain or that could be prosecuted in Spain, regardless of their nationality, whether they

were over the legal age or not and whether or not they were legally resident in the country.

It also relates to victims of the crimes contemplated in the action plan.

67. The religions most firmly rooted in Spanish society take part in the Advisory

Commission on Religious Freedom, which is located within the Ministry of Justice. The

first annual report of the Commission on the situation of religious freedom in Spain,

published in 2015, refers to major policy developments in this field, to statistical data on the

recognized religions most deeply rooted in Spain and a review of the situation concerning

places of worship, burial, education, religious assistance, marriage or legal guarantees.

68. On 1 and 2 February 2016, a workshop was held on the subject of the protection of

religious liberty and combating discrimination and intolerance based on religion and belief.

Numerous experts in the field and representatives of various religions were present.

United Kingdom of Great Britain and Northern Ireland

69. The Equality Act 2010 makes it unlawful to discriminate against someone because

of their religion or belief, or lack of religion or belief, which includes denominations or

sects within a religion. The United Kingdom reports that people are protected against direct

and indirect discrimination, harassment and victimization in respect of employment, the

provision of services, the delivery of public functions, education and the management and

disposal of premises.

70. The right to freedom of thought, conscience and religion is enshrined in article 9 of

the Convention for the Protection of Human Rights and Fundamental Freedoms, to which

the United Kingdom is a signatory. There are also laws against incitement to racial and

religious hatred. Under the Public Order Act 1986, it is an offence to commit an act that is

threatening, abusive or insulting and which is intended or likely to stir up racial hatred.

71. Under the Racial and Religious Hatred Act 2006, an offence is committed if a

person uses threatening words or behaviour, or displays any written material that is

threatening, if the person intends to stir up religious hatred. Possession, publication or

distribution of inflammatory material is also an offence. The Terrorism Act 2006 makes it a

criminal offence to directly or indirectly incite or encourage others to commit, prepare or

instigate acts of terrorism.

72. The Government reports that it has set up the first ever cross-government working

group on anti-Muslim hatred and funds, TellMAMA, the first service to record incidents

and support victims. It also supports the cross-government working group on anti-Semitism

to respond to the concerns of the Jewish community and it supports the Anne Frank Trust to

challenge prejudice and hatred in schools across London and the West Midlands. The

Government plans to publish its new hate crime action plan in the summer of 2017.

III. Information received from non-Member States

State of Palestine

73. Palestine states that all religions and beliefs are respected. Article 9 of the

Constitution provides that all Palestinians are equal before the law. Article 273 of the Penal

Code concerns the verbal disrespect of any religion or prophets, which is punishable by

imprisonment of between one and three years. Articles 275, 276 and 277 provide for

punishment and imprisonment for destruction of a place of worship, regardless of religion;

and damage to religious cemeteries or other places of burial.

74. Article 278 prohibits the dissemination of texts, religious articles or pictures that

insult a religion and verbal insults, in a public place where others can hear, of other

religions. Article 146 makes the intentional destruction of a religious place or insult to a

religion, a felony.

75. The disciplinary and educational laws stipulate that everyone has the right to

education, regardless of sex, religion, where they live, their colour or background.

IV. Observations and views on follow-up measures to further improve the implementation of the action plan

76. In recent years, there has been greater international attention paid to issues

concerning discrimination, intolerance and violence on the basis of religion or belief and

Member States have agreed to address them through a number of actions and measures.

77. There is also a rising tide of attacks around the world that target people on account

of their religious beliefs, including in places of worship, and horrific acts of incitement to

hatred, as well as evidence of racial or religious profiling.

78. It is important to recognize that multiple forms of discrimination may affect

individuals and groups. Women suffer from discrimination on the grounds of both gender

and religion or belief, often because they are identifiable through manifestations of their

faith, and consequently they may bear the brunt of discrimination aimed at their

communities.

79. The High Commissioner has repeatedly highlighted increasingly worrying levels of

incitement to racial or religious hatred and violence, particularly against ethnic or religious

minorities and migrants. Discrimination and xenophobia is often being triggered or stoked

by political leaders, including during electoral campaigns. The number of recorded hate

crimes appears to be rising in a number of Member States. All these phenomena tear at the

fabric of society, creating mistrust and political and social instability, and posing a threat to

peace.

80. It remains urgent that States honour their obligations under international human

rights law to fight any discrimination and take effective measures to prevent and eliminate

discrimination on the grounds of religion or belief in all fields of civil, economic, political,

social and cultural life.

81. The action plan outlined in paragraphs 7 and 8 of Human Rights Council resolution

31/26 provides a guiding tool for individual or collective action to counter religious

discrimination and intolerance. Concrete steps and measures to foster its practical

implementation are required.

82. Based on the contributions received, it is clear that a number of States continue to

take steps to implement the action plan. Among the 18 States that submitted contributions,

many reported on legal developments and revisions or amendments to existing legislation

and mechanisms dealing with human rights and issues related to freedom of religion or

belief in particular. Most States reported that they had constitutional provisions concerning

non-discrimination, equality and freedom of religion or belief, and several have enacted

criminal codes and civil laws aimed at protection against discrimination and violence on the

basis of religion or belief.

V. Conclusions and recommendations

83. There is an urgent need to take concrete measures to combat intolerance,

negative stereotyping, stigmatization, discrimination, incitement to violence and

violence against persons based on religion or belief. The action plan provides an

important foundation for this endeavour. OHCHR stands ready to assist States, at

their request, to develop frameworks and strategies to put the action plan into

practice. The present report provides some examples of the ways in which that task

could be achieved.

84. In the light of the request by the Human Rights Council, the High

Commissioner suggests that States consider the following recommendations.

Dialogue at the national, regional and international levels

85. The High Commissioner welcomes the fact that dialogue is once again a major

feature of the contributions received from Member States and notes the benefits of

dialogue that is witnessed through collaborative networks, councils, engagement with

various entities and personalities, as envisaged by resolution 31/26. The importance of

interfaith and intercultural dialogue and exchange, whether national, regional or

international, was underlined in almost all submissions. Ongoing and established

interreligious and intrareligious dialogue serves as a forum for communication,

discussion, networking and learning and provides for the open debate of ideas. It is

also a means to foster harmony, tolerance and coexistence in communities.

86. Some States provided examples as to how government-led initiatives and

decision-making processes can be most effective when they include civil society

organizations, religious leaders and faith-based organizations. The implementation of

the action plan should be inclusive in nature, with the participation of a broad range

of stakeholders, including regional and international organizations, national human

rights institutions, equality bodies and civil society.

87. Support from and the participation of Member States in various forms of

dialogue should be increased and greater efforts are needed to support regional

dialogues, as well as a global dialogue on these issues, as stated in the action plan.

International platforms, such as the United Nations Alliance of Civilizations, including

its regional forums, which cover topics of freedom of religion or belief, could be

expanded to specifically address the various elements of the action plan.

88. Recalling the Rabat Plan of Action on the prohibition of advocacy of national,

racial or religious hatred that constitutes incitement to discrimination, hostility or

violence, States should create or enlarge the competencies of national human rights

institutions and equality bodies in order to broaden social dialogue, but also in

relation to accepting complaints about incidents of incitement to hatred (see

A/HRC/22/17/Add.4, appendix, para. 46). Those institutions must possess the capacity

to engage effectively with all actors in society and serve as an additional bastion for

interfaith dialogue.

The role of leadership

89. The action plan refers to the efforts of leaders to discuss within their

communities the causes of discrimination and evolving strategies to counter those

causes and speak out against intolerance.

90. Some States have noted that political and religious leaders speak out against

intolerance, including against the advocacy of religious hatred, which constitutes

incitement to discrimination, hostility or violence. The role and responsibility of

religious leaders and scholars was emphasized, with a number of States noting that

the religious leadership was involved in interfaith dialogue, promoting the human

rights related to freedom of religion or belief and providing guidance in terms of

religious messaging and tone to elicit greater harmony, tolerance and moderation,

with a view to curtailing violent extremism and radicalization.

91. In that context and pursuant to the Rabat Plan of Action, OHCHR is reaching

out within a “Faith for rights” initiative to stakeholders in the field of religion or

belief. The overall objective of the initiative is to promote a collaborative definition of

the role and responsibilities of leaders in promoting human rights, based on good

practices and lessons learned.

92. Leaders at different levels should refrain from using messages of intolerance or

expressions which may incite violence, hostility or discrimination. They should speak

out firmly and promptly against intolerance, discriminatory stereotyping and hate

speech and make it clear that violence can never be tolerated, even as a response to

incitement to hatred. They also need to stand up for the right of everyone to make free

choices, particularly for freedom of religion or belief, and they should affirm their

commitment to the universal human rights norms and standards.

93. Religious leaders should also be encouraged to take a public stance in support

of religious groups other than their own and engage in dialogue with, rather than

exclude, individuals with radical and extremist views. Efforts should be made to bring

together religious leaders and faith based organizations with the aim of advocating for

school curricula to include and value diversity and equality. In cooperation with

religious leaders, States should promote interreligious and interconvictional

cooperation on all social issues of relevance to communities. Efforts should be made to

increase and strengthen the profile of women, both religious and secular, who are

working to prevent incitement to hatred and violent extremism.

Advocacy of religious hatred that constitutes incitement to discrimination, hostility or

violence

94. Some States are increasingly active in addressing hate crimes at the domestic

level through better monitoring, recording and reporting of hate crimes, consolidated

information-gathering, collaborative networks, victim outreach and assistance, and

strengthened police and security measures and legal prosecution. National approaches

vary between civil and criminal law provisions. The contributions received from

States demonstrated that within several domestic legal frameworks, incitement to

hatred is a criminal offence and often prohibited on several grounds, including on the

grounds of religion or belief. Furthermore, States noted that the politicization of the

right to freedom of religion or belief often aggravated existing tensions.

95. Some Member States in their contributions to the present report noted the need

to gather and consolidate information about various measures, steps and practices.

96. The Rabat Plan of Action contains expert conclusions and recommendations

based on legislative patterns, judicial practices and policies with the aim of better

guiding all stakeholders, including national legislatures and the judiciary, in

implementing the international prohibition of incitement to hatred. OHCHR works

with Member States on substantive support for international standards and practical

measures at the national level. For example, in 2015 and 2016, it supported the

organization of a training session, a conference and a consultation on issues

concerning the situation of minorities, countering incitement to hatred and religious

intolerance, in Muscat, Tunis and Beirut respectively. Recently, OHCHR organized a

workshop in Amman on developing a model curriculum for continuing education on

combating incitement to hatred and the promotion of freedom of expression for

judicial academies in the Middle East and North Africa region.

97. States should undertake a systemic study of the patterns, triggers and

manifestations of intolerance and incitement to violence in an effort to better

understand how they can reduce social tensions and prevent intolerant groups and

individuals from lashing out.

98. States should also ensure that their justice system is well equipped to prevent

impunity. Those who incite religious hatred or commit crimes, which may violate the

right to freedom of religion or belief, should not evade justice.

99. Legal sanctions may be necessary to protect human beings against incitement

to hatred, discrimination and acts of violence. In terms of general principles, a clear

distinction should be made between three types of expression: expression that

constitutes a criminal offence; expression that is not criminally punishable, but may

justify civil or administrative sanctions; and expression that does not give rise to any

legal action but still raises concern in terms of tolerance and respect for the rights of

others.

100. To be effective, legislation on prohibition of incitement to hatred should be

endowed with the specificity and certainty required to meet international standards

on freedom of religion or belief and freedom of opinion and expression. The Rabat

Plan of Action provides useful guidance through its six-part threshold test for

expressions considered as criminal offences. There is a need to further explain and

specify what that threshold entails and what is considered to be advocacy of religious

hatred constituting incitement in practical terms.

101. Member States are further encouraged to utilize the universal periodic review

to fully address freedom of religion or belief and related concerns. The use of that

mechanism, including through information provided by national human rights

institutions and civil society organizations, has great potential to improve the

implementation of the action plan.

102. With a view to enhancing the gathering of consolidated information and

further reporting, States might revisit the proposal made at the Durban Review

Conference, held in 2009, that an observatory be created to gather and organize

information about discrimination, including on the basis of religion or belief. Trends

and manifestations could be compiled and analysed, as well as legislation, policies,

programmes and institutions to address them. It could be used in the development of

technical cooperation programmes and a better assessment of the situation. The

proposed observatory could initially build on the OHCHR database on practical

means to combat racism, racial discrimination, xenophobia and related intolerance,

developed in accordance with the Durban Declaration and Programme of Action.

Violent extremism and radicalization

103. Violent extremism and radicalization issues featured in a number of the

contributions received. States noted that they were taking measures to combat violent

extremism through community networks, leaders and mentoring, youth intervention,

dialogue and education. These phenomena were also being addressed through social

cohesion and integration programmes, national harmony initiatives and police and

security responses, often coupled with regular engagement and interaction with

religious leaders, local communities and young people, as well as data-gathering and

monitoring.

104. OHCHR contributes to the knowledge and awareness of States and civil society

organizations on the human rights dimensions of preventing and countering violent

extremism, including through the organization of a panel discussion at the Human

Rights Council, submitting a thematic report on best practices and lessons learned

and providing inputs to a handbook produced by the United Nations Office on Drugs

and Crime on the management of violent extremist prisoners and the prevention of

radicalization to violence in prisons.2

105. As stressed by the General Assembly in its resolution 68/127, all Member States

should unite against violent extremism in all its forms and manifestations and against

sectarian violence. Echoing several of the contributions received from States, it is also

critical that effective and principled human rights education campaigns be instituted

to prevent and counter violent extremism. Any related activities undertaken or

supported by States should be gender-sensitive, inclusive, tailored to the specific local

context and based on a climate of trust between the State and those under its

jurisdiction. Key concepts related to violent extremism should be clearly defined,

particularly when they are likely to trigger measures that may interfere with human

rights. In particular, States should respect freedom of opinion and expression and

should not criminalize dissent. Adequately conceptualized and transparent

programmes aimed at preventing and countering violent extremism have the potential

to contribute both to enhanced security and to better protection of human rights.

106. In addition, States should increase awareness and understanding of the

phenomenon of youth radicalization and deradicalization, including its gender

dimension, and make sure that such information is easily available, widely

disseminated and used by young people and youth stakeholders to develop and

improve local policies. Youth stakeholders should be empowered to amplify counter

messaging.

Awareness-raising, education and training

107. Religious intolerance, stigmatization, negative stereotyping and discrimination

are addressed through educational measures, curriculum reform, strategic plans and

public information and media campaigns, including online platforms of exchange,

networking and engagement on the various issues relating to freedom of religion or

belief and non-discrimination. Educational programmes and curricula that inculcate

freedom of religion or belief and minority rights could assist in implementing the

action plan.

108. There is a need to galvanize world opinion against discrimination on the basis

of ethnic or religious background and to generalize and disseminate the

understanding that such attitudes are a fundamental attack on the equality and

dignity of all human beings. The United Nations recently launched the global

“Together” campaign, which is an initiative that promotes respect, safety and dignity

for everyone forced to flee their homes in search of a better life. That campaign could

also be used as a means to address issues of religious intolerance, which all too often

are interrelated with discrimination against refugees and migrants who face multiple

forms of discrimination.

109. States are encouraged to consider educational reform that provides for

inclusion and recognition of all constituent parts of a society.

110. There is a need to communicate widely and in a simple manner the practical

elements of the action plan and the relevant actions of Member States to implement it,

2 Available from www.unodc.org/pdf/criminal_justice/Handbook_on_VEPs.pdf.

with a view to raising awareness of the issues at stake. States could also consider

holding general public briefings on the Istanbul Process.

111. States should strengthen their efforts, for example through broad-based

education initiatives, to raise awareness of the value of diversity and promote social

cohesion at the community level.

112. OHCHR and the United Nations Educational, Scientific and Cultural

Organization could serve as clearing houses for good practices in education to combat

hatred and incitement and educational practices aimed at preventing and countering

violent extremism. Echoing the Special Rapporteur on contemporary forms of racism,

racial discrimination, xenophobia and related intolerance, who has called for clear

and unequivocal prohibition of biased profiling by law enforcement agencies (see

A/HRC/29/46, para. 66) and in order to enhance the implementation of the action

plan, States are encouraged to gather and provide law enforcement data, including

statistics disaggregated by religion.

Respect and protection of places of worship and religious sites

113. In their contributions, some Member States outlined legal, policy and other

measures taken to promote full respect for and protect places of worship and religious

sites, cemeteries and shrines. As noted by the Special Rapporteur on freedom of

religion or belief in several reports to the Human Rights Council, unlike other forms

of violations of the right to freedom of religion or belief, attacks or restrictions on

places of worship and religious sites in many cases violate the right not only of a single

individual, but also the rights of a group of individuals forming the community that is

attached to the place in question.

114. States should adopt adequate measures to protect religious sites and prevent

acts or threats of violence. States should ensure that all perpetrators of such attacks

are brought to justice. The right to establish and maintain the places of worship of

religious minorities should be guaranteed. Additional measures should be taken in

cases where they are vulnerable to desecration or destruction. States, relevant

intergovernmental and non-governmental organizations and the media should also

promote a culture of tolerance and respect for the diversity of religions and for

religious sites, which represent an important aspect of the collective heritage of

humankind.

Other issues

115. Some States indicated an interest in receiving technical advice and support for

the various practical elements outlined in the action plan. OHCHR will be in a

position to provide such support upon request. The usefulness of OHCHR developing

guidance and tools on the issues at stake could be also considered.

116. Member States could consider streamlining the parallel reporting processes to

the Human Rights Council and General Assembly, either in terms of content or focus,

or by adjusting the reporting time frames. There is a need to increase reporting by

States on the action plan in terms of the overall number of contributions and regional

geographic coverage. Since the action plan was adopted, an average of 20-25 responses

have been received in response to requests for information sent out by OHCHR. A

total of 32 States have submitted contributions for the report to the Human Rights

Council, whereas 54 States have done so for the report to the General Assembly over

recent years. However, the majority of States have never reported and the regional

representation of the contributions received could be improved.

117. Furthermore, the follow-up reports and efforts might be greatly enhanced if all

relevant stakeholders, including international organizations, national human rights

institutions and civil society organizations, were invited to share their experiences,

views and best practices on the topic.