37/44 Combating intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief - Report of the Office of the United Nations High Commissioner for Human Rights

GE.18-02117(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018 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, discrimination, incitement to violence and violence against persons, based on religion or belief

Report of the Office of the United Nations High Commissioner for

Human Rights

Summary

The present report is submitted pursuant to Human Rights Council resolution

34/32 in which the Council requested the High Commissioner to prepare and submit to

the Council at its thirty-seventh 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 34/32 and views on potential follow-up measures for further improvement

of the implementation of that plan.

United Nations A/HRC/37/44

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 34/32

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

to prepare and submit to the Council at its thirty-seventh 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. The report is based on replies1 received from 202 States to a note verbale sent by the

Office of the High Commissioner (OHCHR). These contributions are summarized in

section II, bearing in mind that some of the information received from some States on their

implementation of the action plan has been reflected in previous reports on this topic, most

recently the report of the Secretary-General to the General Assembly (A/72/381). The

present report was drafted largely around the specified points of the action plan contained

in paragraphs 7 and 8 of Council resolution 34/32. Observations and views on potential

follow-up measures for further improvement of the implementation of the action plan are

given in section IV.

II. Implementation of the action plan: information received from States

A. Constitutional and legislative frameworks

3. The Office received comprehensive contributions from Argentina, Algeria, Australia,

Croatia, Cuba, Italy, Denmark, Mauritius, Mongolia, Oman, Pakistan, Portugal, the Russian

Federation, Turkey, the United Kingdom of Great Britain and Northern Ireland, the United

States of America and the Bolivarian Republic of Venezuela and the State of Palestine in

relation to constitutional and legislative frameworks present in those countries pertaining to

combating intolerance, negative stereotyping, stigmatization, discrimination, incitement to

violence and violence against persons, based on religion or belief.

B. Extremism and radicalization

4. Under the action plan, some States are addressing extremism and radicalization. The

High Commissioner encourages States to increase awareness and understanding of these

phenomena, ensuring that information on these matters is easily available, widely

disseminated and used to develop and improve policies aimed at combating them.

5. Australia reported funding a number of projects to counter violent extremism by

promoting interfaith and intercultural dialogue. Initiatives also include advocacy and media

workshops, sporting and cultural events, communication and conflict resolution and

multifaith volunteering activities, which promote social cohesion and encourage people of

diverse faiths to work collaboratively. Australia has funded a range of community-led

mentor training programmes and workshops which support youth and individual leaders to

counter violent extremism.

1 The original texts are available for consultation on the website of the Office of the United Nations

High Commissioner for Human Rights (OHCHR).

2 Argentina, Algeria, Australia, Croatia, Cuba, Denmark, Italy, Mauritius, Mongolia, Oman, Pakistan,

Portugal, Qatar, the Russian Federation, Turkey, Ukraine, the United Kingdom of Great Britain and

Northern Ireland, the United States of America and Venezuela (Bolivarian Republic of) and the State

of Palestine.

6. The Russian Federation reported that authorities pay significant attention to the

prevention of religious extremism and inter-ethnic conflicts, which can provoke escalation

of tensions and mass riots. According to the authorities, during the first half of 2017 the

number of extremist crimes decreased by 36 per cent in comparison with the previous year.

7. The High Commissioner recalls that measures taken to combat religious intolerance

and violent extremism should reflect the principles of inclusiveness and participation, as

well as be fully consistent with States’ obligations under international human rights law.

They should take gender into account, and be adapted to the domestic context. Key

concepts related to violent extremism should be clearly defined, particularly when they can

potentially trigger measures that may impinge on human rights, for example when the terms

“extremism” or “radicalization” are used to cover non-violent activity.3

C. Encouraging the creation of collaborative networks to build mutual

understanding, promoting dialogue and inspiring constructive action

towards shared policy goals and the pursuit of tangible outcomes, such

as servicing projects in the fields of education, health, conflict

prevention, employment, integration and media education4

8. A Multicultural Community Liaison Officer Network operates 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. The Network supports parliamentarians to engage

effectively with people from different cultural, linguistic and religious backgrounds.

Multicultural Community Liaison Officers may identify and report on potential areas of

tension between members of different religious communities. An Ethnic Liaison Officer

Network facilitates interaction with ethnic communities and the Australian Department of

Immigration and Border Protection.

9. Cuba reported that at meetings between government leaders and representatives of

various religious fraternal institutions and associations (lodges), participants are encouraged

to exchange ideas on topics of general interest as well as to address current challenges and

expectations. This work is aimed at promoting relations between believers and non-

believers in a framework of unity, solidarity and mutual respect.

10. Italy reported that a committee on hate, intolerance, xenophobia and racism was set

up in May 2016 and renamed in July 2016 the “Jo Cox Committee”, in remembrance of the

United Kingdom Member of Parliament who was murdered on 16 June 2016. Chaired by

the President, it is comprised of one Member of Parliament for each political group in the

Parliament and representatives of the Council of Europe, the United Nations, the Italian

National Institute of Statistics (Istat), research centres and civic associations that investigate

and campaign against hate speech, and experts. The Committee approved its final report on

6 July 2017, making 56 recommendations to prevent and combat hatred, addressed to all

the relevant entities.

11. In Mauritius, the Comité des sages regularly brings together leaders of the main

religions present in Mauritius to discuss prevailing issues of national importance with a

view to maintaining harmony among its multireligious population.

12. In Portugal, the mission of the High Commission for Migration5 is to collaborate on

defining, implementing and assessing the public cross-sectoral and sectoral policies

concerning migration, particularly managing and valuing the diversity of the country’s

cultures and religions. The High Commission established a working group for interreligious

3 Additional guidance is contained in the Secretary-General’s Plan of Action to Prevent Violent

Extremism (A/70/674) and the High Commissioner’s report on best practices and lessons learned on

how protecting and promoting human rights contribute to preventing and countering violent

extremism (A/HRC/33/29).

4 Paragraph 7 (a) of resolution 34/32.

5 See www.acm.gov.pt/acm.

dialogue composed of representatives of 12 different religions to regularly discuss issues of

common interest, to organize initiatives that contribute to the promotion of the

interreligious dialogue and to give visibility to the religious dimension of the body of

citizens, tolerance and mutual understanding.

13. The United Kingdom funds the Church Urban Fund’s Near Neighbours programme,

which aims to bring together people of different faiths to strengthen their communities.

Near Neighbours has delivered over one thousand local projects reaching over 940,000

people since 2011.

D. Creating an appropriate mechanism within Governments to, inter alia,

identify and address potential areas of tension between members of

different religious communities, and assisting with conflict prevention

and mediation6

14. In Argentina, the National Institute against Discrimination, Xenophobia and Racism

has a mandate which includes: strengthening and promoting the principle of pluralism and

religious diversity; promoting the eradication of discriminatory practices, stereotyping and

prejudices, particularly those directed against followers of African religions in Argentina;

and considering complaints by individuals and members of civil society on diverse grounds

of discrimination, including anti-Semitism and Islamophobia. The Institute’s Registry of

Civil Society Organizations surveys, registers and organizes information about

organizations working against discrimination, and through its Victim Assistance

Directorate provides rapid conflict resolution and seeks to develop mechanisms of

reconciliation.

15. In Australia, Ethnic Liaison Officers meet with ethnic community leaders to

consider specific issues identified by each ethnic group and respond as needed. Government

migration customer services address areas of potential tension via telephone, email and

meetings.

16. Italy reported that in July 2017, its Ministry of Foreign Affairs and International

Cooperation hosted the international conference entitled “Protecting religious communities:

investing in youth as the major players in a new season of rapprochement, dialogue and

peaceful coexistence among peoples”, during which it was announced that an observatory

on religious minorities in the world and on the respect for religious freedom had been

established as an advisory body to the Minister. It is tasked with conducting surveys and

analyses and monitoring the condition of religious minorities in the world with a view to

increasing the scope of their protection. It will also propose awareness-raising activities at

the local level.

17. Portugal’s first Law on Religious Liberty (Act 16/2001) provides that religious

freedom is based on the principles of freedom, equality, separation, interfaith cooperation

and tolerance. The Commission on Religious Freedom, composed of persons appointed by

the religious confessions, was set up as an advisory board on the exercise of the right of

religious freedom.

18. In Turkey, the Law on the Human Rights and Equality Institution of Turkey,

adopted on 6 April 2016, foresees the establishment of a Turkish human rights and equality

institution affiliated with the Office of the Prime Minister. It will have a board of 11

members, 8 elected by the Council of Ministers and 3 by the President of Turkey. Its three

main duties are promotion of human rights, prevention of discrimination and fighting

torture and ill-treatment. It is authorized to receive and address allegations of violations of

human rights and the prohibition of discrimination and to examine and evaluate any such

claims ex officio. In line with the decisions of the Reform Action Group, direct dialogue

with non-Muslim citizens has been continuously strengthened and periodic visits take place

between government officials and representatives of different faith groups.

6 Paragraph 7 (b) of resolution 34/32.

19. Ukraine reported that the religious organizations of Ukraine are full-fledged civil

society institutions and take part in establishing and implementing State policy in all fields,

especially in the spheres of religion, culture, education, science, health care, national

defence and security, and external relations. Representatives of religious organizations take

an active part in the work of the governmental consultative body, the Commission on the

Rights of Religious Organizations, which comes under the Cabinet of Ministers, and in the

work of the public councils under the Ministry of Culture, the Ministry of Education and

Science, the Ministry of Health, the Ministry of Defence and the Ministry of Foreign

Affairs. In addition, an expert council on matters of freedom of conscience and the activity

of religious organizations has been operational since 2015 under the Ministry of Culture.

The relationship between the State and religious denominations fosters the resolution of

current issues relating to the activities of religious organizations within the council’s

competence.

20. In the United Kingdom, there is a Cross Government Working Group on Anti-

Muslim Hatred. The non-governmental organization Tell MAMA is funded by the

Government to record anti-Muslim incidents and support victims. It works with the

Government to raise the issues of anti-Muslim hatred at a policy level. The Government

also works closely with the Jewish community to tackle anti-Semitism and has taken action,

including working with the Community Security Trust, to develop awareness-raising

materials and providing funding for protective security measures. The Anne Frank Trust

raises awareness about prejudice and intolerance, including anti-Semitism, with young

people. The Cross Government Working Group on Anti-Semitism has provided funds to

ensure the security of Jewish faith schools, synagogues and communal buildings following

concerns raised by the Jewish community.

21. Pakistan reported that the Minister for Religious Affairs and Interfaith Harmony

held meetings with scholars of all Muslim sects in Karachi, Islamabad, Lahore, Peshawar

and Quetta to find common grounds for a shared code of conduct. The National Muslim

Scholars Council has been set up to maintain sectarian harmony in the country. The terms

of reference for the National Commission on Minorities include, inter alia: (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 practices of

government departments and agencies which may be discriminatory towards minorities; (c)

making recommendations to 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

are preserved and well kept and remain fully functional.

E. Training of government officials in effective outreach strategies7

22. In Australia, the Multicultural Access and Equity Policy promotes “cultural

competency”, training and development measures among government departments and

agencies, equipping their staff with the requisite cultural skills. The Australian Federal

Police assists other government agencies, including the Attorney General’s Department, the

Department of Social Services and the Department of Immigration and Border Protection,

as well as state and Territory governments, in building relationships with the community.

23. Denmark reported that basic education at the Danish Police Academy includes an

obligatory course on hate crimes. Part of the purpose of the training is to enable future

police officers to understand, spot and handle hate crimes in an appropriate manner. Some

police regions have initiated local outreach initiatives with local advocacy groups

representing some of the groups most commonly victimized by hate crimes.

24. The United States of America reported that the Civil Rights Division of the

Department of Justice continues to hold a quarterly meeting that brings together top

officials from federal agencies and leaders of the Muslim, Arab, Sikh and South Asian

7 Paragraph 7 (c) of resolution 34/32.

communities to address civil rights issues. The Department’s Community Relations Service

has held approximately one thousand town and community meetings since 11 September

2001, addressing backlash-related issues. It has trained hundreds of law enforcement

departments, and it has deployed conflict resolution specialists in communities around the

country to alleviate tensions from backlash incidents. During 2016 and 2017, the Office for

Civil Rights and Civil Liberties of the Department of Homeland Security led or played a

significant role in regular round-table meetings among community leaders and federal, state,

and local government officials across the country. During this period, it coordinated and

participated in over 200 events. In 2017, the Office continued its strategic engagement with

the Somali and Syrian communities and implemented a new initiative engaging with

diverse communities at the southern border.

F. Encouraging the efforts of leaders to discuss within their communities

the causes of discrimination, and evolving strategies to counter those

causes8

25. Australia reported that it has funded community-led mentor training programmes

and workshops which support youth and individual leaders to counter violent extremism.

These measures encourage leaders to explore issues which contribute to negative

community sentiment and develop specific solutions to local issues. Ethnic Liaison Officers

also meet with a range of community groups to discuss the intake of immigrants on

humanitarian grounds and Australia’s Special Humanitarian Programme. Since 2007, the

Australian Federal Police has worked with the community through its Community Liaison

Team to build productive relationships with community leaders and the broader community

across a variety of religions in Sydney, Brisbane and Melbourne.

G. Speaking out against intolerance, including advocacy of religious hatred

that constitutes incitement to discrimination, hostility or violence9

26. Australia reported that the Government partners with community leaders and

influencers to produce and distribute content that challenges and promotes alternatives to

violent extremism. Australia funds programmes to engage youth and empower local leaders

with skills and training to support people to speak out, locally and online, to foster critical

debate around issues of terrorism and violent extremism. Ethnic Liaison Officers encourage

leaders to speak out against intolerance, including advocacy of religious hatred that

constitutes incitement to discrimination, hostility and violence.

27. In Oman, employees and people working in the field of religion are instructed to

promote everything that leads to achieving social peace in Omani society, to reject religious

intolerance and hatred and to renounce violence based on religion or belief. Similarly, acts

of terrorism in all its forms, whether against the followers of the same religion or against

the followers of a different religion or belief, are to be disavowed and rejected. The focus

should be on the values and concepts shared by all religions.

28. The action plan underlines the importance of everyone, including leaders, in

speaking out against intolerance. Religious leaders are potentially very important human

rights actors, and OHCHR has been undertaking an important activity which engages

religious leadership. The Beirut Declaration and its 18 commitments on “Faith for

Rights”,10 launched in March 2017, are aimed at faith-based actors, who are defined in a

broad manner to include theistic, non-theistic, atheistic or other believers. The Declaration

provides 18 corresponding operative commitments through which faith-based actors can

articulate how “Faith” can more effectively stand up for “Rights” in order to enhance each

other. In December 2017, OHCHR and the Government of Morocco co-organized the

8 Paragraph 7 (d) of resolution 34/32.

9 Paragraph 7 (e) of resolution 34/32.

10 See www.ohchr.org/EN/Issues/FreedomReligion/Pages/FaithForRights.aspx.

“Rabat+5 symposium”,11 offering a platform to exchange practices and discuss concrete

“Faith for Rights” projects at the grass-roots level in various parts of the world.

H. Adopting measures to criminalize incitement to imminent violence

based on religion or belief12

29. Argentina, Algeria, Australia, Croatia, Denmark, Italy, Mongolia, Pakistan, Portugal,

Turkey, the United Kingdom and the State of Palestine reported on comprehensive criminal

frameworks prohibiting incitement to violence based on religion or belief. These

frameworks often address issues of incitement to racial, national or religious hatred through

speech or through written media and publications, including dissemination through the

Internet. The laws generally also cover the establishment of or participation in

organizations which urge violence or incite religious hatred and public meetings in this

context, and the denial of war crimes, genocide and crimes against humanity as well as

linkages between incitement and acts of terrorism.

30. It should be recalled that where legal sanctions may be necessary to protect human

beings against incitement to hatred, discrimination or acts of violence, three types of

expression should be clearly distinguished: expression that constitutes a criminal offence;

expression that is not criminally punishable but may justify civil or administrative sanctions;

and expression that does not invoke any legal action but still raises concern in terms of

tolerance and respect for the rights of others.

31. To be consistent with international standards on freedom of religion or belief and

freedom of opinion and expression, legislation prohibiting incitement to racial, national and

religious hatred should be specific and not overly broad in its scope and application. States

should also ensure that there is no impunity in the judicial system, and that such crimes are

prosecuted and adjudicated.

32. The conclusions and recommendations of the Rabat Plan of Action are based on

legislative patterns, judicial practices and policies. It provides some guidance to

stakeholders, including national legislatures and the judiciary, in implementing the

international standards relating to the prohibition of incitement to racial, national and

religious hatred. It outlines a six-part threshold test for expressions to be considered as

criminal offences: context; speaker; intent; content and form; extent of the speech act; and

likelihood, including imminence (see A/HRC/22/17/Add.4, appendix, para. 29).

Hate crimes

33. In Croatia, the Criminal Code defines hate crime as a criminal offence committed on

account of a person’s race, colour, religion, national or ethnic origin, disability, gender,

sexual orientation or gender identity. For some criminal offences, more severe sanctions are

imposed if the crimes are qualified as hate crimes; in other cases, hatred is considered an

aggravating circumstance. Less severe forms of unlawful and offensive behaviour in this

context are punishable in accordance with the Act on Public Order and Peace Offences.

34. In Denmark, the National Police have initiated national monitoring of hate crimes to

provide knowledge about the actual extent of hate crimes and developments in the area, and

they issue an annual publication on reported hate crimes. The most recent training day for

law enforcement officers on dealing with hate crimes was held in October 2017. Such

training will be offered in the future as continuing education for law enforcement officers

from police districts in Denmark. Guidelines issued by the Director of Public Prosecutions

on the processing of cases of hate crimes applicable to both prosecutors and police officers

have recently been revised.

11 To commemorate the adoption in 2013 of the Rabat Plan of Action on the prohibition of advocacy of

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

(A/HRC/22/17/Add.4, appendix).

12 Paragraph 7 (f) of resolution 34/32.

35. “Action Against Hate” is the title of the plan in the United Kingdom for tackling

hate crime, focusing on five key areas, including preventing hate crime by challenging the

beliefs and attitudes that can underlie prejudice and hatred. The plan will be reviewed in

2018. The Government supports True Vision, the police online hate crime reporting site,

which provides support to groups challenging anti-Christian hatred as well as anti-Semitism

against the Haredi community. It has also supported work challenging hatred against

Hindus and Sikhs as part of its overall effort to challenge all forms of religiously motivated

hate crime and to encourage victims to report incidents of hate crime.

36. In the United States, the Attorney-General’s Task Force on Crime Reduction and

Public Safety has established a Hate Crime Subcommittee to focus on improving the

identification, prosecution and prevention of hate crimes, as well as data collection about

hate crimes. The Task Force held a high-level meeting on hate crimes on 29 June 2017 to

explore how best to understand the problem and develop policies and practices to reduce

the incidence of hate crimes in the United States.

37. As reflected above, there is increasing activity in these States to address hate crimes

at the domestic level through improved monitoring, recording and reporting of hate crimes,

consolidated information-gathering and prevention, community outreach, strengthened

police and security measures and legal prosecution.

38. In view of the action plan, OHCHR works with States and other stakeholders on this

particular topic, providing substantive support to implement international standards and

practical measures at the national level. For example, OHCHR recently supported the

organization of relevant trainings and meetings in Lebanon, Morocco, Oman, Senegal and

Tunisia, and with media professionals from the Russian Federation and Ukraine, and from

West Africa.

I. Understanding the need to combat denigration and negative religious

stereotyping of persons, and incitement to religious hatred, by

strategizing and harmonizing actions at the local, national, regional and

international levels through, inter alia, education and awareness-

building13

39. The Virtual Campus online platform of the National Institute against Discrimination,

Xenophobia and Racism is helping to increase visibility and raise awareness about religions

and faiths in Argentina. It includes modules on religious diversity, Islam, Afrodescendent

religions and Judaism, among others. The Afrodescendent programme offers information

materials and programmes such as “Argentina is also Afro”, a thematic guide on the

Afrodescendent community, brochures about the National Day of Afro-Argentinians and

newsletters on the International Day for the Elimination of Racial Discrimination and

Afrodescendant Woman’s Day, which have been incorporated into this online platform.

40. In Croatia, the prevention programme “Together against hate speech” is aimed at

promoting a culture of tolerance and non-violence and preventing all forms of hate speech

as a socially unacceptable form of behaviour. In 2017 the project was implemented through

messaging directed against hate speech; a public event organized for students, young people

and the general public; and a website “Hate speech – NO”, created to promote the

prevention of hate speech on the Internet and social media.

41. Mauritius reported that its education sector has integrated intercultural education and

multiculturalism in the educational curriculum to equip very young Mauritians with the

notions of respect, tolerance, justice and equity. The Government also works to promote all

ancestral languages, and essays and festivals are featured in the curriculum and textbooks to

reflect the traditions, customs and religions present in Mauritius.

42. The High Commission for Migration promoted an interreligious youth meeting —

MEET IR 2016 — to discuss religious diversity in Portugal. The Commission and the

13 Paragraph 7 (g) of resolution 34/32.

municipality of Fundão gathered together 17 young people (11 boys and 6 girls)

representing seven different religious communities with the objective of recognizing and

valuing difference and pluralism and to jointly reflect about their individual contributions

towards a better society. The young people drew up a charter on interreligious dialogue

targeted at their peers. A second gathering, MEET IR 2017, took place in Palmela in July

2017.14 In 2017, the Commission, in partnership with the Working Group for Interreligious

Dialogue, organized the initiative #FaithinPeace, 15 using social media to publish

testimonies of young people from different religious communities on the contributions of

religion to peace.

43. The Russian Federation reported that authorities make efforts to combat

stigmatization leading to racial discrimination and promote mutual understanding, tolerance

and friendship between ethnic and religious groups. Education plays an important role in

this process. In order to preserve religious and cultural traditions, to strengthen national

unity and to promote a spirit of patriotism among the youth, a comprehensive course on

history, world religions, and secular moral and spiritual education was included in the

school curriculum. Representatives of religious organizations are invited to participate in

training teachers with regard to their pedagogical approach in this sphere.

44. In these reporting States, religious intolerance, stigmatization, negative stereotyping

and discrimination are combated using educational measures, youth forums, strategic plans

and public information and media campaigns, including online platforms. Educational

programmes and curricula which inculcate freedom of religion and belief and educational

systems which provide education for religious minorities could assist in implementing the

action plan. States are encouraged to consider human rights-based educational reform

which provides for inclusion and recognition of all constituent parts of a society.

J. Recognizing that the open, constructive and respectful debate of ideas

and interfaith and intercultural dialogue at the local, national and

international levels can play a positive role in combating religious

hatred, incitement and violence16

45. Interfaith and intercultural dialogue and exchange — local, national and

international — are taking place in several countries. Ongoing and established dialogues

among various faith communities serve as forums for communication, discussion,

networking, exchange and learning and provide for the open debate of ideas.

46. The Australian Multicultural Council provides advice to the Government on issues

around the country’s cultural, linguistic and religious diversity, including addressing

barriers to participation and promoting greater intercultural and interfaith understanding

and dialogue. The Department of Immigration and Border Protection facilitates round-table

meetings and town hall-style meetings to promote open, constructive and respectful debate

of ideas, as well as interfaith and intercultural dialogue at the local and national levels.

47. In Italy, the soon-to-be-established European Academy of Religion, promoted by the

University of Bologna and the John XXIII Foundation for Religious Studies, under the

patronage of the Ministry of Foreign Affairs and International Cooperation and with the

support of the European Parliament, is aimed at fostering interdisciplinary studies and

dialogue between researchers of all faiths and cultures to orient European policies in

European Union non-member countries.

48. Qatar reported that the Doha International Center for Interfaith Dialogue has

annually hosted the Doha Conference for Interfaith Dialogue for the last 12 years under the

patronage of the Emir of Qatar and supported by the Ministry for Foreign Affairs. The most

recent conference took place on 16 and17 February 2016, on the topic “Spiritual and

intellectual security in the light of religious doctrine”. In 2017, the Center continued to

14 See www.acm.gov.pt/acm.

15 Ibid.

16 Paragraph 7 (h) of resolution 34/32.

support and organize various activities, including youth forums, football tournaments, radio

programmes, book fairs, cultural and literary round tables, training forums and cultural

dialogues in Doha and around the world.

49. The Russian Federation also supported youth initiatives which contribute to the

culture of tolerance, harmonization of inter-ethnic relations, development of inter-ethnic

friendship and social adaptation. A number of events and meetings took place in 2017 with

a view to disseminating, developing and strengthening inter-ethnic and interreligious

dialogue and tolerance.

50. Ukraine reported that an International Interfaith Conference entitled “The role of

religious values in strengthening social stability, dissemination of the culture of peaceful

coexistence and overcoming hatred” was held in October 2017. A set of important and

relevant questions, such as enhancement of State policy in the sphere of religion and the

promotion of interfaith and intercultural dialogue and mutual understanding in the society,

were discussed.

51. The Bolivarian Republic of Venezuela reported that senior leadership is involved in

joint efforts through different forums, including the Congress of the Fatherland, presidential

councils and the National Assembly, to dialogue with different religious sectors in the

country, in order to emphasize the fight against religious intolerance, incitement to hatred

and hostility.

K. Taking effective measures to ensure that public functionaries, in the

conduct of their public duties, do not discriminate against an individual

on the basis of religion or belief17

52. Australia widely promotes, disseminates and educates public functionaries about its

anti-discrimination laws. All government employees are subject to a code of conduct set out

at sections 10 and 13 of the Public Service Act 1999. All government departments advertise

their anti-discrimination laws on their websites, enabling complaints of discrimination to be

brought. In the immigration context, the Department of Immigration and Border Protection

also has a compliments, complaints and suggestion page on the website which promotes the

reporting of any complaints.

53. The State of Palestine reported that the relations between public servants and

citizens is regulated in order to prevent issues such as discrimination based upon religion,

including through article 10 of the intelligence services code of conduct, article 18 of High

Judiciary Council resolution No. 3 of 2006 and the 2011 code on the conduct of employees

in the judicial sector regulating judges and these public employees. Article 8 of Ministerial

Cabinet resolution No. 8 of 2016 provides for the establishment of complaint units in

government departments and regional councils to follow up on complaints lodged by

citizens and civil society organizations.

54. In the United Kingdom, the Human Rights Act 1998 places a duty on all public

authorities to uphold and promote human rights in all actions, meaning that their policies,

programmes and services should ensure that individuals are autonomous, safe, and can

participate in the decisions that affect their lives.

L. Fostering religious freedom and pluralism by promoting the ability of

members of all religious communities to manifest their religion, and to

contribute openly and on an equal footing to society18

55. In Algeria, law No. 02-06 regulates the religious practices of non-Muslims, allowing

for the freedom to embrace the religion they wish and practise the faith they desire. It also

establishes the conditions and procedural, organizational and administrative measures that

17 Paragraph 8 (a) of resolution 34/32.

18 Paragraph 8 (b) of resolution 34/32.

must be applied in the practice of non-Muslim religious rituals and rites in Algeria. The

National Consultative Commission for the Promotion and Protection of Citizens’ Rights is

tasked with recording any violations and breaches of human rights and freedoms, including

the freedom of religion and belief, and informing the relevant authorities.

56. In Australia, federal government departments provide facilities such as prayer rooms

to foster freedom of religion for staff. The state and Territory governments maintain a

variety of community centres to enable cultural gatherings and foster inclusion and

tolerance.

57. In Croatia, article 130 of the Criminal Code prohibits violations of the freedom of a

religious community operating in accordance with the law and denials or limitations of its

rights to publicly hold religious services and to found and operate schools, institutions of

learning, institutes and social or charitable institutions; it also protects the right to equality

with other religious communities. Less severe forms of unlawful and offensive behaviour in

this context are punishable according to article 5 of the Act on Offences against the Public

Order and Peace.

58. Cuba reported that religious institutions freely appoint and establish their

consecrated personnel, organize religious activities, local and national and international,

and regularly receive their international representatives, as well as religious literature.

There are 600 institutions and religious organizations of different religions in Cuba,

representing Christianity (Catholic, Evangelical, Protestant and Orthodox churches),

Judaism and Islam and the Spiritualist, Buddhist, Yoga and Baha’i faiths, as well Cuban

religions of African origin, among others. All of them have temples and houses to carry out

their activities, without any impediment, and the Government has facilitated the repair,

reconstruction and construction of new temples and social headquarters.

59. The Constitution provides for the establishment of the Evangelical Lutheran Church

in Denmark, and as such it is awarded special status and is supported by the State. The

Government is nevertheless aware of the importance of protecting the rights of religious

communities other than the Established Church. A committee on religious communities has

produced a report on the possibility of introducing a comprehensive regulation of the

conditions for the religious communities other than the Established Church, including the

criteria and procedure for granting acknowledgement and the legal effects of approval to

operate. The report has resulted in a bill which has been through the first reading in

parliament. If the bill is passed and becomes law, it will be the first of its kind in Denmark

to regulate religious communities other than the Established Church.

60. In Italy, the Constitutional Court, in its judgment No. 67/2017 on article 2 of Veneto

regional law No. 12/2016 (amending regional law No. 11/2004 on land and landscape

management rules and subsequent modifications), considered unconstitutional the part of

article 2 that introduced the obligation to use the Italian language in agreements relating to

common equipment for religious services. The Court highlighted that Italy recognizes the

principle of freedom of religion as well as confessional pluralism; that free exercise of

worship is an essential aspect of freedom of religion, and it is applicable equally to all

people and to all religious denominations regardless of whether an agreement has been

concluded with the State; and that the opening of places of worship is under the protection

of article 19 of the Constitution and cannot be conditioned by the conclusion of a previous

agreement.

61. Mongolia reported that the Law on the Relationships Between the State and the

Monastery (1993) guarantees citizens’ right to freedom of conscience and religion,

stipulating that the relationship between the State and the religious institutions shall be

regulated by law; that the State Great Khural (parliament) shall determine the State policy

on religion and the monastery; and that the President of Mongolia shall regulate the

relationship between the State, the monastery and religion in compliance with the

requirements of national unity and security.

62. In Oman, the Basic Statutes of the Sultanate of Oman promulgated by royal decree

No. 101/96 ensure equality and non-discrimination between people on the basis of religion.

Chapter three, on public rights and duties (arts. 15–40), contains provisions relating to the

principle of equality; rights in criminal trials; the inviolability of residence; the freedom to

practise religious rites; protection of the person and the property of foreigners; preservation

of national unity; and respect for public order and public morals.

63. Turkey reported that a number of religious ceremonies had been organized in

monasteries, churches, mosques and synagogues, particularly following significant

restoration projects. Law No. 4928 (2003) on public works was amended to extend the

freedoms of individuals with different faiths and beliefs regarding their places of worship

so that they may undertake construction, maintenance and repair of sanctuaries. This

provision was also inserted in municipality law No. 5393 (2102) allowing municipalities to

undertake construction, maintenance and restoration of sanctuaries, as well as health,

educational and cultural facilities and buildings. In 2016, it is reported that 355 churches,

24 chapels, 40 synagogues and 419 places of worship benefited from this legislation.

64. The statutory decree (2011) relating to the Law on Foundations (No. 5737) (2008)

provided for the return of confiscated properties to community foundations established by

members of different faith groups. Accordingly, in Turkey, 333 properties were returned

and compensation for 21 properties was paid.

65. Qatar reported that the Doha International Center for Interfaith Dialogue invites

clergy and church officials based in Doha to advise the Center on how to improve the flows

of communication between Qatari and non-Qatari residents. The Center also regularly holds

workshops, giving platforms to non-Qatari residents to express their concerns regarding

their well-being. Local media are invited to write about these concerns, and the

Government is informed of serious issues of concern to expatriates in Qatar.

66. The State of Palestine reported on the existence of several societies, associations and

charities based on religion and faith. Its laws guarantee the establishment and maintenance

of further societies. For example, article 2 of law No. 1 of 2000 on the formation of

associations provides that Palestinians have the right to practise social, cultural,

professional and scientific activities freely, which includes the establishment of societies

and local associations in accordance with the law.

67. The Law on Religious Liberty (Act 16/2001) in Portugal introduced the legal

framework for religions or religious communities established in the country for at least 30

years and/or internationally recognized for at least 60 years. It covers religious participation,

education, employment, goods and services, marriage and religious television and radio

broadcasting times.

68. In the United States, the Equal Employment Opportunity Commission through its 53

field offices nationwide engages in outreach to provide information about employment

discrimination, including discrimination based on religious beliefs and practices. To combat

backlash against workers based on religion and national origin in the wake of terrorist

attacks, the Commission has proactively reminded employers and employees to be mindful

of incidents of harassment, intimidation or discrimination in the workplace. This proactive

approach includes the agency’s release of resource materials in a question-and-answer

format explaining employers’ and employees’ rights and responsibilities under the federal

laws prohibiting employment discrimination based on religion.19

69. Ukraine reported that in June 2017 a meeting between the Prime Minister and the

All-Ukrainian Council of Churches and Religious Organizations was held. It was stressed

that the Council would continue contributing to the strengthening of Ukraine as an integral

democratic State based on social justice and law.

70. The Bolivarian Republic of Venezuela reported that the Ministry of the Interior,

Justice and Peace is developing coexistence, awareness-raising and tolerance initiatives to

prevent stigmatization and negative stereotyping in the country. These measures strengthen

peace and multicultural coexistence, manifest in the good relationship between the four

religions (Catholic, Evangelical, Islam and Judaism) as well as all the Venezuelan religions

of African origin, reaffirming guarantees of inclusiveness and freedom of worship wherein

19 See www.eeoc.gov/eeoc/publications/muslim_middle_eastern_employers.cfm.

each citizen has rights and guarantees to freely manifest his or her faith without any

discrimination.

71. Some of the responding States reported that they are reviewing and amending laws

to ensure greater equality between religious groups and communities in their societies.

Others reported that they are addressing the ability of minorities, including religious

minorities and adherents of Afrodescendent religions and beliefs, to manifest their religion

and contribute openly and on an equal footing to society, in a variety of ways relevant to

their domestic context.

72. Australia and the United States also reported on an inquiry and a special legislative

hearing, respectively, being conducted with a view to fostering religious freedom and

pluralism.

73. In Australia, the Human Rights Subcommittee of the Parliamentary Joint Standing

Committee on Foreign Affairs, Defence and Trade has commenced an inquiry to examine

the status of the fundamental human right to freedom of religion or belief in Australia, other

nations of the region and across the globe.

74. The United States Senate Judiciary Committee held a hearing on 2 May 2017,

entitled “Responses to the increase in religious hate crimes”. At the hearing, the Special

Counsel for Religious Discrimination testified before the Department of Justice Civil

Rights Division, emphasizing that combating religion-based hate crime is an enforcement

priority.

M. Encouraging the representation and meaningful participation of

individuals, irrespective of their religion, in all sectors of society20

75. In Australia, the Volunteer Grants Programme, through small grant funding,

encourages meaningful participation of individuals, irrespective of their cultural, linguistic

or religious background. Community consultations are regularly conducted on the

Government’s annual migration and humanitarian intake.

76. Croatia reported cases of discrimination against individuals and religious groups.

The reported cases concern different treatment of smaller religious communities with

regard to taxation of immovable property transfer, different legal status and corresponding

rights of religious communities and religious associations, religious practice in schools,

baptism certificate requirements by employers and the competence to provide religious

teaching (catechism) in public kindergartens and schools. Reported cases of religious

discrimination indicate a need to make greater efforts towards finding a balance between

exercising religious practice in public and respecting the rights of members of different

religions, as well as raising the level of understanding of the customs and special

requirements of members of religious communities that do not have a long tradition in

Croatia.

III. Activities undertaken by the Office of the High Commissioner for Human Rights in support of implementation of the action plan

77. In addition to the actions reflected above, OHCHR works on the various dimensions

related to religious intolerance, including multiple discrimination, xenophobia, migration,

freedom of religion or belief, religious profiling and incitement to racial, national or

religious hatred.

78. The High Commissioner has spoken out in various public forums, including the

Human Rights Council, and OHCHR has engaged in related issues with different

stakeholders, including from the private sector. Upon request, the Office reviews draft anti-

20 Paragraph 8 (c) of resolution 34/32.

discrimination laws and constitutional amendments, and it has supported several countries

and specialized bodies in developing national action plans against racism.

79. It also manages a database21 which includes information on these issues, and it

develops guidelines and training manuals for judges and conducts trainings related to the

points in the action plan. With its various field presences, a number of related activities

have taken place, including in Lebanon, Morocco, Oman, Senegal and Tunisia and with

journalists from the Russian Federation, Ukraine and West Africa, to counter xenophobia

and hate speech.

80. On 6 and 7 December 2017, the Rabat+5 symposium offered an opportunity for

various stakeholders to engage with experts who had contributed to the elaboration of the

Rabat Plan of Action and the 18 commitments on “Faith for Rights” and to exchange

experiences in the area of combating violence in the name of religion. The broad and

diverse participation in the symposium reflected an interest in guidance and the relevance

of the emerging standards in the context of faith and human rights. As human rights are by

definition a multi-stakeholder exercise, the “Faith for Rights” framework is a good example

of States, State religious authorities, faith-based and civil society organizations, national

human rights institutions and individuals working together in the collaborative networks

called for by the action plan.

IV. Observations and views on potential follow-up measures for further improvement of the implementation of the action plan

81. Following on from Human Rights resolution 16/18, the action plan adopted by the

Council in its resolution 34/32 and related General Assembly resolutions provide a tool for

guiding collective action to counter religious discrimination and intolerance. Greater efforts

are required to foster the practical implementation of the action plan. In the light of

resolution 34/32, in which the Council asked for views on potential follow-up measures for

further implementation of the action plan, the High Commissioner provides the following

suggestions.

82. The submissions received from States continue to reflect that government actions to

combat intolerance, negative stereotyping and stigmatization of, and discrimination,

incitement to violence and violence against, persons based on religion and belief are still

largely constitutional and legislative in focus and nature. It is timely to stress the need for

improved implementation of the extensive legislative frameworks to counter discrimination,

intolerance and violence on the basis of religion or belief which are already available in

many countries. As stated in the preamble to resolution 34/32, it should be recognized that

working together to enhance the implementation of existing legal regimes that protect

individuals against discrimination and hate crimes, increase interfaith and intercultural

efforts and expand human rights education is an important first step in combating incidents

of intolerance, discrimination and violence against individuals on the basis of religion or

belief. In line with the spirit and focus of the resolution and the specifics of the action plan,

greater emphasis should also be placed on the numerous practical actions which need to be

taken by Governments and other stakeholders.

83. As stated in paragraph 12 of resolution 34/32, there is an urgent need to implement

all parts of the action plan outlined in paragraphs 7 and 8 with equal focus and attention in

order to address the complex issues of religious intolerance. For instance, no information

was received in relation to paragraph 8 (d) of the resolution, in which the Council called

upon States to make a strong effort to counter religious profiling, which was understood to

be the invidious use of religion as a criterion in conducting questionings, searches and other

law enforcement investigative procedures. In addition, the submissions of some States

reflect an emphasis on certain paragraphs or elements of the action plan, but little or none

on the others.

21 See https://adsdatabase.ohchr.org.

84. There is also a need to disseminate widely the practical elements of, as well as

relevant actions taken by, Member States to implement, the action plan with a view to

raising awareness about the issues at stake. Awareness-raising campaigns or

communications initiatives would be welcome, particularly those aimed at simplifying the

language of the action plan and issuing a concise, separate publication in all regions and in

all United Nations languages, and at a later stage in other local languages. Member States

could also consider holding general public briefings on the Istanbul Process for Combating

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

Religion of Belief. The Special Rapporteur on freedom of religion or belief recently noted

that six conferences had been held in various countries since the adoption of resolution

16/18 (see A/72/365, paras. 55 and 79–81).

85. It will also be important to expand participation in the implementation of the action

plan to include civil society and other stakeholders. States may wish to consider inviting

other stakeholders to report on their implementation of the action plan. Similarly, multiple

forms of discrimination may affect individuals and groups. Women may suffer from

discrimination on the grounds of both gender and religion or belief, often because they are

identifiable through manifestations of their faith, and they may bear the brunt of

discrimination targeting their communities. It would also be important to consider more

closely how women are affected by such issues as religious profiling, representation and

pluralism. Are they participating in the dialogues, collaborative networks and initiatives

which States report are taking place? It would be helpful if future submissions made

reference to these issues of multiple discrimination and the gender dimensions of

discrimination on the basis of religion or belief.

86. As stressed in the previous report of the High Commissioner (see A/HRC/34/35,

para. 116) and the most recent report of the Secretary-General (see A/72/381, para. 101),

there is also a need to improve the reporting profile, in terms of the overall number of

contributions received from States and the regional geographic participation.22

87. Furthermore, as there are two separate annual reports on the same action plan, one to

the Human Rights Council and one to the General Assembly, States could streamline these

parallel reporting processes either in terms of content or focus, or by adjusting the reporting

time frames to a biannual period in order to give a better picture of how the action plan is

being implemented worldwide.

88. As specified in paragraph 9 of the resolution, States are encouraged to consider

providing updates on efforts made in this regard as part of their ongoing reporting to

OHCHR. Member States are also encouraged to utilize the universal periodic review to

fully address freedom of religion or belief and related issues. The use of this mechanism,

including through information from national human rights institutions and civil society

organizations, has great potential to improve the implementation of the action plan and,

during their recent reviews, some States have accepted specific recommendations to

implement resolution 16/18 (see A/HRC/32/8, A/HRC/32/10 and A/HRC/32/15). Similarly,

in recent resolutions the Human Rights Council has called for the effective implementation

of resolution 16/18 and the Rabat Plan of Action, as well as increased efforts in a country-

specific situation to promote tolerance and peaceful coexistence in all sectors of society, in

accordance with resolution 16/18 and the Rabat Plan of Action.23

89. Finally, with a view to enhancing the gathering of consolidated information and

furthering reporting, States may wish to 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 which address them. It can be used to develop technical cooperation

programmes and to better assess the situation. The proposed mechanism could initially

22 See also the report of the Special Rapporteur on freedom of religion or belief (A/72/365, paras. 63–65

and 80).

23 See, for example, resolutions 34/8 and 34/22.

build on the existing OHCHR anti-racial discrimination database, developed in accordance

with the Durban Programme of Action.

V. Conclusions

90. Incidents and attacks around the world that target people on account of their

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

racial, national and religious hatred, evidence of racial or religious profiling as well as

barriers to opportunities continue to be observed. Religious minorities are being targeted by

laws and policies as well as by armed groups, and discrimination and violence on the basis

of religion or belief are occurring in stable societies and in conflict situations. These

manifestations are becoming increasingly present online. It is important to ensure that the

relevant human rights norms and standards are implemented by all stakeholders.

91. Laws as a means to combat intolerance, negative stereotyping and stigmatization of,

and discrimination, incitement to violence and violence against, persons based on religion

or belief are but one tool to address the complex and multifaceted nature of discrimination

on the basis of religion or belief. It is more urgent than ever that all parts of the practical

action plan be implemented by States and all stakeholders in order to aid in addressing

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

in every region.