40/44 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.19-01309(E)



Human Rights Council Fortieth session

25 February–22 March 2019

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 37/38,

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

Council at its fortieth 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 37/38

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

of the plan.

* Agreement was reached to publish the present report after the standard publication date owing to

circumstances beyond the submitter’s control.

United Nations A/HRC/40/44

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 37/38

entitled “Combating intolerance, negative stereotyping and stigmatization of, and

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

belief” in which the Council requested the High Commissioner to prepare and submit to it

at its fortieth 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 contributions received from 16 Member States in reply to a

note verbale issued by the Office of the United Nations High Commissioner for Human

Rights (OHCHR).1 In section II below, those contributions are summarized under headings

that correspond to the points of the action plan in paragraphs 7 and 8 of resolution 37/38,

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 the same topic,

most recently the report of the Secretary-General to the General Assembly (A/73/153).2

Section III provides some observations and views on potential follow-up measures for

further improvement in the implementation of the action plan.

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

A. Constitutional and legislative frameworks

3. OHCHR received comprehensive submissions from Bahrain, Belarus, Italy, Iran

(Islamic Republic of), Kuwait, Montenegro, Qatar, the Russian Federation, Saudi Arabia,

Turkey and the United Kingdom of Great Britain and Northern Ireland 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. A number of countries noted

important constitutional and legislative amendments relative to discrimination on the basis

of religion or belief, which had recently been adopted.

4. While noting the significance of domestic constitutional and legislative frameworks,

the High Commissioner wishes to stress the need for improved implementation of those

frameworks to counter discrimination, intolerance and violence based on religion or belief.

In tandem with the frameworks, practical actions taken by Governments and stakeholders

reach victims of discrimination and religious communities that have been affected and

serve to promote a culture of tolerance and peace domestically.

B. Extremism and radicalization

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

High Commissioner encourages them to increase awareness and understanding of those

1 The full texts of the submissions by Argentina, Australia, Azerbaijan, Bahrain, Belarus, Iran (Islamic

Republic of), Italy, Kuwait, Montenegro, Qatar, the Russian Federation, Saudi Arabia, Togo, Turkey,

Ukraine and the United Kingdom of Great Britain and Northern Ireland are available from

https://adsdatabase.ohchr.org/SitePages/Anti-discrimination%20database.aspx.

2 Not all points of the action plan are reflected in the present report, as relevant information was not

received from Member States.

phenomena, ensuring that such information is easily available, widely disseminated and

used to develop and improve policies aimed at combating them.

6. Italy reported that its General Investigations and Special Operations Division

continuously monitors environments marked by “political extremism”, with a view to

timely interception and prevention of illegal actions. The operations are addressed to a

variety of situations connected with the radical right wing, in order to fight and prosecute

all types of situations, behaviours or ideological dissemination by groups and movements

inspired by Nazi-fascist principles and by racial, ethnic or religious discrimination. There is

a special focus on behaviour which violates specific legislation such as the Scelba Law No.

645/1952 and the Mancino Law No. 205/1993 and their amendments.

7. The Russian Federation reported that it took all necessary measures to prevent the

creation and activities on its territory of organizations and movements based on xenophobic

ideologies and calling for discrimination and violence against persons on the basis of

religious affiliation. It noted that various manifestations of such intolerance have been

prosecuted under the Federal Law of July 25, 2002 No. 114-3 “On countering extremist

activities”, whereby the incitement to social, racial, national or religious hatred is

recognized as extremist activity.

8. It added that considerable attention was paid to preventing the spread of radicalism

among young people. The Ministry of Education and Science of the Russian Federation,

together with the National Anti-Terrorism Committee and the Federal Institute for the

Development of Education, have developed guidelines for the employees and management

of educational organizations to counter the spread of extremism in youth environments, as

well as a set of measures to prevent extremism and xenophobia.

9. Interactive programmes for the prevention of extremism and of discriminatory

behaviour by students (aged 14 to 21 years), entitled “Zero discrimination”, have been

created.3 The “Science and education against terror” portal, developed with 42 Russian

higher education institutions, publishes materials to counter terrorist ideology.4 The Internet

resource entitled “Interactive map of anti-terrorism activities in educational organizations

and scientific institutions of the Russian Federation” has been functioning since 2016.

10. Qatar reported that it undertook education and awareness-raising programmes in

order to prevent the manifestation of extremism in society. It reported that its official

approach was based on values of peace and a rejection of violence and extremism. There

were many projects promoting religious freedom to support this approach.

11. Saudi Arabia reported that the first Arab Islamic American Summit had taken place

in Riyadh in 2017, establishing the International Centre to Fight Extremism with the

strategic objective of fighting intellectual, media and digital extremism and promoting

coexistence and tolerance among people.

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

and violent extremism should reflect the principles of inclusiveness and participation. 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.5

3 See, for example, http://tolerancecenter.ru/vserossiyskiy-urok-2018/.

4 See http://scienceport.ru./.

5 Additional guidance is to be found 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).

C. Creating 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 education6

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

organized, together with the Centro de Estudios e Investigaciones Laborales CONICET, a

conference on religious discrimination and good practices for its prevention. The Institute

also places emphasis on the responsible use of new technologies in generating digital

environments free from discrimination. A campaign was developed, together with the

United Nations Children’s Fund (UNICEF), under the slogan #NODACOMPARTIR and a

digital document on the subject was designed. The campaign has had a broad impact on

social networks and national, provincial and regional media.

14. The Government of Australia implemented the fostering integration grants scheme,

which provides grants to community organizations to assist migrants. It prioritizes activities

that assist young people and women. The “Strong and resilient communities” grants

programme funds projects aimed at, inter alia, strengthening community leadership to foster

greater community cohesion, addressing racial, cultural or religious tensions between

particular groups in the community through educational, social, cultural or sporting

activities and providing youth at risk of marginalization with access to services that aim to

build trust and increase their community participation.

15. In Azerbaijan, the State Committee on Religious Associations carries out State

policy and implements various awareness-raising measures aimed at protecting and

strengthening traditions of multiculturalism, tolerance, peaceful coexistence, friendship and

mutual respect between various religious communities. The Committee, together with the

relevant State authorities and non-governmental organizations, regularly addresses topics

such as the prevention of intolerance, discrimination, confrontation, violence amongst

members of different religions or belief and strengthening tolerance in the activities of

religious communities.

16. In Bahrain, the Ministry of Justice, Islamic Affairs and Islamic Properties works in

coordination with the Supreme Council of Islamic Affairs, which consists of Sunni and

Jafari scholars, to organize events such as seminars, conferences and workshops and

training for imams, preachers and other speakers in mosques. Scientific encounters and

workshops were organized between 2007 and 2016.

17. Belarus reported that the Commissioner for Religious and Ethnic Affairs,

coordinated the work of national communities and faiths, as well as the work of the

interdepartmental working group on the improvement of public policy in the sphere of

national relations, examining the implementation of regional programmes and activities for

the development of the ethnic and religious sphere.

18. The Islamic Republic of Iran reported that it had taken steps to encourage mutual

respect and understanding between members of majority populations and religious

minorities, inviting cultural elites and thinkers to hold various discussions, including

several interreligious dialogues. It noted two international Islamic unity conferences, held

in Tehran in 2015 and 2016 with the participation of Islamic scholars and thinkers from

various religions, and several scientific seminars, symposiums and panels involving

scholars, both at home and abroad.

19. Italy reported that the Committee for the restoration of block 21 of the Auschwitz-

Birkenau Memorial and Museum and for the establishment of a new Italian exhibition is

working to propose to the President of the Council a comprehensive project for the

restoration of the museum and the establishment of the exhibition by the beginning of 2019.

In commemoration of Holocaust Memorial Day on 27 January 2018, the Presidency of the

6 Paragraph 7 (a) of resolution 37/38.

Council of Ministers, together with the Union of Jewish Communities, organized in Rome a

round table on the theme of “True legality – since 1938 to 80 years after the approval of the

provisions for the protection of the race”. Similarly, the National Office Against Racial

Discrimination and the Foundation-Museum of the Shoah organized an exhibition entitled

“1938 – the history” in five Italian municipalities to commemorate the eightieth anniversary

of the promulgation of racial laws through unpublished and original photos, posters,

documents and newspapers from several public and private archives. A visit to Auschwitz-

Birkenau was organized, involving 100 students from Italian schools and 40 members of

the National Forum of Roma, Sinti and Caminanti Communities, the Union of Jewish

Communities and the Superior Council of the Judiciary.

20. Montenegro reported that in 2018, the Directorate for Relations with Religious

Communities of the Ministry for Human and Minority Rights prepared a questionnaire on

“The impact of religious education on the formation of moral values of the student

population” intended to explore the relationship between moral norms and religious

principles, with results used to design guidelines for the work of the Directorate and

published on the Ministry website and in printed form as a special brochure.

21. Turkey reported that since 2014, the Government had participated in the European

Union education, youth and sports programme Erasmus +, which promotes the values of

freedom, inclusion, tolerance and non-discrimination as set out in the Paris Declaration on

promoting citizenship and the common values of freedom, tolerance and non-discrimination

through education of 17 March 2015.

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 mediation7

22. In 2013, for the second series of statistics on discrimination in the country the

National Institute against Discrimination, Xenophobia, and Racism in Argentina developed

a “national map of discrimination” in order to collect, analyse, disseminate and publish

reliable statistical data at national and local levels, and assess the situation of individuals

and groups of people who are victims of discrimination. Work is currently being carried out

on the third edition of the “map”.

23. The Institute has established a round table on interreligious dialogue that meets

monthly and is made up of representatives of different cults, religions and world views. In

the meetings, an analysis is made of the current problems of religious diversity, inclusive

public policies are encouraged, dialogue is promoted between religious and lay

communities, and good practices in each group are highlighted. In situations of hostility,

communication and conflict resolution networks can be generated between the participants

and the State on a monthly basis.

24. In Australia, the community liaison officer network engages with diverse

communities across Australia, including religious groups and key stakeholders, to foster

productive and collaborative relationships and to promote a productive and diverse

multicultural society. This engagement assists the Government in identifying potential areas

of tension between members of different religious communities and in facilitating

comprehensive government outreach to diverse communities.

25. In Italy, the Central Directorate of the Prevention Police cooperating with the

Observatory for Security against Discrimination is a central body tasked with monitoring

and fighting discrimination against all minorities. Together they issue an annual report for

the Organization for Security and Cooperation in Europe (OSCE) which provides, inter

alia, statistics on discrimination in Italy and outlines specific legislation and possible

amendments.

7 Paragraph 7 (b) of resolution 37/38.

26. Montenegro reported that the Ministry for Human and Minority Rights had

organized seven conferences last year, at which representatives from the academic

community, religious organizations and national institutions met to strengthen interreligious

dialogue and improve cooperation between the Ministry and religious communities. The

conferences were held in the southern and northern parts of Montenegro and Ministry

officials visited Orthodox, Islamic and Catholic religious communities in the regions where

the conferences were held. In addition to posting the conference outcomes for the general

public on the Ministry web portal, the official proceedings from conferences held in 2018

will be published.

27. In the Russian Federation under the aegis of the President, the Council for

Interaction with Religious Associations operates the Commission for Religious

Associations. The Interreligious Council of Russia, coordinates the efforts of religious

associations in developing relations between religions, society and the State, strengthening

public morality, preserving and recreating the spiritual and cultural heritage of the peoples

of Russia and organizing and supporting interfaith dialogue on socially important and other

related problems, in cooperation with international interreligious organizations.

28. Ukraine reported that in 2018, the Government had continued its work in

consultation with the Commission on the Implementation of the Rights of Religious

Organizations, an advisory body located under the Cabinet of Ministers of Ukraine. The

Commission, headed by a Vice Prime Minister, also includes representatives of the

Orthodox, Catholic, Protestant, Jewish and Muslim religious organizations of Ukraine. The

work of the Commission is to ensure effective interaction between the State and religious

organizations in solving topical issues of State-confessional relations and implement the

priority tasks of the State policy of Ukraine in the sphere of religion.

E. Training of government officials in effective outreach strategies8

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

integrates specialized agencies within the framework of the network of institutional social

responsibility of the Ministry of Modernization of the Nation that promotes the training of

public administration employees in matters of health, environment, volunteering and

inclusion.

30. In Australia, training is delivered to the government network of community liaison

officers, a primary conduit between the Government and culturally, religiously and

linguistically diverse community organizations and leaders. The training helps officers to

develop relevant knowledge, skills and attributes for engaging effectively with members of

the community and non-governmental organizations.

31. In Italy, to increase the knowledge of the basic principles of Judaism amongst police

officers, the Observatory for Security against Discrimination co-operated with the Union of

Jewish communities to produce a guide to Judaism for police officers that will soon be

launched.

32. In Saudi Arabia, training is carried out by governmental entities and co-programmed

with educational institutions, for penal, justice and law enforcement officials and there is

also training for workers, investigators and army personnel to improve their legal

knowledge and capacity to investigate all areas of crime. In its submission, Saudi Arabia

noted the security studies course at the Nayef Arab University for Security Sciences, the

King Fahd Security College and a recent memorandum of understanding on technical

cooperation and capacity-building with OHCHR, with the objective of building the capacity

of experts in international human rights law.

8 Paragraph 7 (c) of resolution 37/38.

F. Adopting measures to criminalize incitement to imminent violence

based on religion or belief9

33. Azerbaijan, Bahrain, Belarus, Italy, Kuwait, Montenegro, Qatar, the Russian

Federation, Saudi Arabia and Turkey reported on comprehensive criminal frameworks

prohibiting incitement to violence based on religion or belief. In those frameworks issues of

incitement to racial, national or religious hatred through speech or written media and

publications, including dissemination through the Internet, are addressed. Those legal

frameworks generally also covered the establishment of or participation in organizations

which urge violence or incite religious hatred and public meetings in that context; the

denial of war crimes, genocide and crimes against humanity; and linkages between

incitement and acts of terrorism. They usually provided for strong criminal regimes with

concomitant heavy sentences.

34. The High Commissioner wishes to recall 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.

35. Legislation prohibiting incitement to racial, national and religious hatred should be

specific and not overly broad in its scope and application, to be consistent with the

international standards on freedom of religion or belief and freedom of opinion and

expression. States should also ensure that there is no impunity in the judicial system where

prosecution and adjudication of such crimes are undertaken.

36. Some useful guidance is provided in the Rabat Plan of Action on the prohibition of

advocacy of national, racial or religious hatred that constitutes incitement to discrimination,

hostility or violence and its six-part threshold test. Development of what the threshold

entails and what is considered to be advocacy of religious hatred constituting incitement is

under way. The expert conclusions and recommendations of the Rabat Plan of Action,

based on legislative patterns and judicial practices and policies, can provide 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.

G. Hate crimes

37. In Italy, the Observatory for Security against Discrimination undertakes training of

police officers in order to increase their awareness of hate crime, hate speech and human

rights and their competence to deal with it. The number of hours of training provided by the

national police has been increased to 10 periods of 45 minutes each for constables and 27

periods of pre-service training for inspectors. The Observatory participates in European and

international projects concerning hate crime, and in this context seminars on prevention of

hate crime are organized for both the national police and the carabinieri. Italy highlighted

its cooperation with the OSCE Office for Democratic Institutions and Human Rights in the

implementation of the “training against hate crime for law enforcement” programme,

through which 185 officers were trained between 2014 and 2016.

38. Turkey reported that arrangements regarding hate crimes had been introduced to the

Turkish Criminal Code so as to ensure harmonization with international and European

standards. Article 122 of the Criminal Code on hate and discrimination, prohibits

discrimination on the grounds of language, race, nationality, colour, sex, disability, political

opinion, philosophical belief, religion and sect, and provides for imprisonment or fines for

persons discriminating on the grounds listed above.

9 Paragraph 7 (f) of resolution 37/38.

39. The United Kingdom reported that its legislative framework protected individuals

and groups from being the target of religiously motivated hatred, including incitement to

religiously motivated hatred. The framework is supported by a cross-Government hate

crime action plan, which includes funding support for community-led projects in schools

and places of worship aimed at tackling prejudice, and setting up ongoing funding for

dedicated anti-Muslim hatred reporting and victim support organization. Government

funding is also provided for security measures at places of worship across the different

faiths in Britain, with hundreds of faith institutions having benefited from this to date. The

government work to combat hate against different faiths is supported by high-level working

groups from the major faith groups made up of eminent representatives from civil society,

business and academia.

40. On this particular topic, OHCHR works with States and other stakeholders on

substantive support for implementing international standards and practical measures at the

national level. For example, OHCHR has supported the organization of relevant training

and meetings in Lebanon, Malaysia, Morocco, Oman, Senegal and Tunisia, and with media

professionals from the Russian Federation, Ukraine and West Africa.

H. 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-

building10

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

relaunched its virtual campus online platform in 2018.11 The platform is a training space on

anti-discrimination issues offering a large number of courses on the different topics

addressed by the Institute. The digital content available includes manuals of good practices

in communication matters for journalists and materials on discrimination in general and

specific to the themes developed by the Institute.12

42. The Institute is part of the Ibero-American Network of Agencies and Organizations

against Discrimination, which consists of 58 members representing regional and

international governmental bodies, non-governmental organizations and academic

institutions from 18 countries in the region. The Network works with civil society and other

countries to contribute to the processes of exchange, reflection, approach and cooperation,

fostering joint efforts to combat discrimination throughout the Ibero-American region.

43. In coordination with the Institute the Directorate of Policies against Discrimination

organized a federal debate on denial of the genocide suffered by the Jewish and Armenian

peoples, in order to share their history, the tragic events suffered by the two communities

and the maintenance of historical and collective memory as a way to fight against

discrimination and hatred and educate societies.

44. In Bahrain, specialists at the Ministry of Justice, Islamic Affairs and Islamic

Properties analyse Friday speeches and sermons in collaboration with relevant stakeholders,

such as scholars in the field of sharia, with respect to dissemination of and incitement to

hatred and violence and direct politicization from the podium. Further to decision 23 of

2009 on the ethics of religious speech, the charter on the work of the preacher, requires

signature by all individuals who receive a licence to preach in Bahrain. Bahrain reported

that a number of administrative measures had been taken against preachers and speakers

who had not respected the charter, including the withdrawal of four licences and some

speakers/preachers being obliged to stop working.

45. Italy reported that in 2018 it had assumed the Chair of the International Holocaust

Remembrance Alliance. Supported and funded by the Presidency of the Council of

10 Paragraph 7 (g) of resolution 37/38. 11 See http://campus.inadi.gob.ar/.

12 http://inadi.gob.ar/contenidos-digitales/.

Ministers, Italy chaired its first biannual plenary meeting in Rome, at which more than 200

experts and governmental representatives met to discuss the Holocaust as a contemporary

political issue. Noting that media communication may often inspire negative stereotypes

and prejudices concerning the reception of migrants, hindering their integration process and

causing breeding grounds for social conflict, the national integration plan for Italy

envisages the promotion of a dialogue with asylum seekers and beneficiaries of

international protection, to be carried out on social media and networks.

46. Saudi Arabia reported that the Ministry of Islamic Affairs, Dawah and Guidance

prepared documents and instructions for imams and preachers to the effect that they must

not despise or attack other persons or religions, and organized specialized symposiums and

training for them. The Ministry recently concluded an agreement with the King Abdul Aziz

Centre for National Dialogue to train imams to play their role in society through speeches

and participation in conferences. It added that the media works towards strengthening the

values of Islamic sharia and the promotion of equality and fighting religious discrimination

in conformity with the Constitution and other regulations. Several campaigns have been

launched to disseminate information about international human rights law standards, and

media programming involves experts and specialists in human rights.

I. 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 violence13

47. Azerbaijan hosts regular international forums and conferences dedicated to issues of

multiculturalism, to foster interreligious dialogue and understanding. It noted that 2016 was

announced as the Year of Multiculturalism and in 2017 Baku had hosted the fourth Islamic

Solidarity Games as part of Islamic Solidarity Year. The World Summit of Religious

Leaders, the fourth World Forum on Intercultural Dialogue and the Baku International

Humanitarian Forum had all been held in Azerbaijan.

48. In June 2018, the Government of Australia announced a new term for an expanded

Australian Multicultural Council (2018–2021), which would focus on strengthening public

understanding of a shared Australian identity, building stronger and more cohesive

communities and promoting greater intercultural and interfaith understanding and dialogue.

The Government also promotes the celebration of Harmony Day throughout Australia on

21 March as a day of cultural respect for everyone. Community-driven events are central to

these celebrations.

49. Bahrain reported that the King Hamad Global Centre for Peaceful Coexistence had

been launched in Los Angeles, United States of America, in 2017. In November 2016, the

King Hamad Chair in Interfaith Dialogue and Peaceful Coexistence had been established at

Sapienza University, Italy, to reach young people all over the world and provide knowledge

and inspiration to invoke peaceful coexistence.

50. Qatar reported that the Doha International Centre for Interfaith Dialogue had hosted

the Doha Conference for Interfaith Dialogue annually for the last 13 years under the

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

recent conference had taken place on 20 to 21 February 2018 on the theme of “Religions

and human rights”. In 2018, the Centre had continued to support and organize various

activities, including issuing publications and interfaith journals, youth forums, sports

tournaments, workshops, book fairs, cultural and literary events, training and cultural

dialogues in Doha and around the world. Memorandums of understanding had been signed

between the Centre and the Centre for Islamic Studies, Dushanbe, under the auspices of the

President of Tajikistan in February 2018, and with the Global Forum for Moderation in

March 2018. It also reported that the Ramadan Interfaith Conference had taken place in

June 2018.

13 Paragraph 7 (h) of resolution 37/38.

51. The Qatar Commission for the Alliance of Civilizations promotes the aims of

different civilizations to cooperate at the regional and international level and endeavours to

promote the contribution of Islamic civilizations to human development. It has a role in the

resolution of conflicts, the reaffirmation of tolerance, solidarity, and peace among

civilizations and in fighting extremism and intolerance. There is also an Islamic

Educational, Scientific and Cultural Organization Chair for the Alliance of Civilizations at

the Faculty of Sharia and Islamic Studies, University of Qatar.

52. Through its cultural village Katara, Qatar is a space in the Middle East for the arts,

conferences, music and exhibitions looking to the future of people from different cultures to

overcome national and cultural barriers and promote unity and humanity. There are

different festivals held where many cultures are represented.

53. In Qatar, the Ministry of Communication published a guide to moral responsibility

in the digital world to raise awareness of the importance of good speech through different

media, including social media. Discussions were held with young people and different

stakeholders working on the issues of morality and information technology.

54. The Russian Federation reported that it encouraged multinational organizations and

movements, as well as activities aimed at the eradication of racial barriers and the creation

of conditions for a dialogue of cultures and religions. Concerts of folk and ethnic music,

master classes of folk art, research and dialogue events had been regularly organized. State

support had been provided for the activities of national cultural entities and national cultural

centres, as well as activities carried out by regional authorities in the field of culture and

tourism, preservation and development of the traditional culture of the peoples of Russia.

55. Saudi Arabia reported that the King Abdul Aziz Centre for National Dialogue

encouraged better understanding of the values of Islamic sharia, dialogue on tolerance,

respect for the principle of equality and moderation and the dissemination of such values,

and peaceful coexistence between nations and peoples. It noted the importance of the

“Declaration of the Islamic Summit Conference on Islamic solidarity in Mecca” and the

Riyadh Declaration on the Counter-Terrorism International Conference in 2005 (A/60/426).

56. In Ukraine, pursuant to article 30 of the Law of Ukraine on freedom of conscience

and religious organizations, State policy in the sphere of religions includes promoting the

participation of religious organizations of Ukraine in contacts with international religious

centres and foreign religious organizations. Ukraine reported that the purpose of such

activities was to facilitate the unification of the three separate Orthodox jurisdictions in the

territory of Ukraine into a single and independent Orthodox church. In 2018, the leadership

of Ukraine had undertaken efforts to establish international State-confessional relations, in

particular with the Ecumenical Orthodoxy, associated with the process of promoting the

constitution of a single Orthodox Church in Ukraine, in order to receive independent status.

J. 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 belief14

57. Saudi Arabia reported that Islamic sharia was the source of all rules and regulations

such that employees in the course of their public duties were sanctioned more strictly if a

crime was perpetrated causing racism or hatred on grounds of sex, nationality, religion or

social status. It noted the Law on Domestic Workers, adopted by the Council of Ministers

in decision 210 (2013), adding that article 2 of the Health Code (Royal decree No. 11)

required that medical care be given to all residents in an equitable manner, that Royal

decree No. 59 on article 5 required that health workers must respect the right to life, health

and dignity and non-exploitation and that article 2 of the Penal Code (2013) prohibited

physical and psychological attacks and arrests, torture and undignified treatment.

14 Paragraph 8 (a) of resolution 37/38.

58. Togo reported that it had taken effective measures to ensure that, in the exercise of

their functions, public officials did not discriminate against an individual on the basis of his

or her religion or belief. In paragraph 3 of article 153, the General Statute of the Civil

Service provided “that no action or administrative decision taken by or against a staff

member can be based on regional, tribal, ethnic, political or religious considerations” and,

in paragraph 4 “the official must, in all circumstances, perform his or her duties impartially,

without any discrimination against public service users, and refrain from any behaviour

likely to cast doubt on the neutrality of the public service”.

59. In Turkey, article 7 of Law No. 657 on civil servants provides that discrimination by

civil servants when performing their duties is prohibited on the grounds of, among other

things, religion and sect. Turkey reported that within the framework of the in-service

training plan of the Turkish National Police, 49,040 personnel had been trained in human

rights between January and November 2018.

K. 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 society15

60. In Australia the Human Rights Subcommittee of the parliamentary Joint Standing

Committee on Foreign Affairs, Defence and Trade is currently undertaking an inquiry into

the protection and promotion of the human right to freedom of religion or belief worldwide,

including in Australia. 16 Australia reported that the inquiry had received nearly 700

submissions. In November 2017, the Subcommittee had released an interim report, entitled

“Legal foundations of religious freedom in Australia” focusing on the current status of laws

protecting the freedom of religion or belief in Australia. It had held further public hearings

to examine challenges to freedom of religion or belief and to determine whether Australian

protection for the human right to freedom of religion or belief required further

strengthening in the light of those challenges. That same month, the Government had

appointed the Chair of an expert panel on religious freedom to examine whether rights

relating to religious freedom were adequately protected under Australian law. The

Government was now considering the findings of the expert panel review.

61. Azerbaijan reported that no cases of confrontation had been registered among

religious communities in the country. Representatives of different religious communities

had assisted each other financially in the construction of places of worship and in the

organization of religious holidays. It also reported that 861 religious communities (830

Islamic; 20 Christian; 8 Jewish; 1 Krishna and 2 Baha’i) had been registered in the country

and that the State had created the necessary conditions for all religious communities.

Regular financial aid was allocated to various religious organizations, including for the

purposes of renovation and reconstruction of places of worship. In 2018, under a

presidential decree, funds had been allocated from the President’s Reserve Fund to religious

organizations functioning in Azerbaijan. Various places of worship had been constructed or

restored, both within Azerbaijan and internationally within the framework of the

“Azerbaijan – address of tolerance” project.

62. Bahrain reported that the Ministry of Justice, Islamic Affairs and Islamic Properties

was responsible for Muslims and regulated places of worship and cemeteries, as well as the

freedom to practice religion. It independently managed places of worship and properties in

respect of Sunni Muslims and Jafari Muslims in the country. The Ministry of Labour and

Social Development was responsible for non-Muslims and regulations pertaining to their

places of worship and cemeteries. It also registered non-governmental organizations,

including those owned by non-Muslims. Under Law 21 of 1989 on cultural and social

associations and clubs, 19 churches and places of worship had been registered by October

2018.

15 Paragraph 8 (b) of resolution 37/38.

16 See www.aph.gov.au/Parliamentary_Business/Committees/Joint/

Foreign_Affairs_Defence_and_Trade/Freedomofreligion/Terms_of_Reference.

63. Belarus reported that the Commissioner for Religious and Ethnic Affairs

coordinated the work of national communities and faiths, including advisory interfaith and

inter-ethnic councils. The Ombudsman for Religion and Nationalities monitored the

observance of legislation protecting the rights of persons who identify themselves as a

national community, addressed violations and promoted the development of ethno-

confessional dialogue. Belarus had implemented programmes for the development of the

confessional sphere of national relations and cooperation with entities abroad for the period

2016–2020. The programme aimed to regulate religious life, maintaining interreligious and

inter-ethnic peace and accord in society and developing cooperation between State

departments and religious organizations in providing assistance to citizens to exercise their

rights to national-cultural development and national identity.

64. The Islamic Republic of Iran reported that as of January 2016, 58 religious

minorities associations were active: Jewish (3); Zoroastrian (29); Christians (Armenians)

(17); and Christians (Assyrians) (9). Article 13 of the Constitution recognized the right to

celebrate religious ceremonies and their related holidays for minorities and their followers

in governmental departments. Those undertaking compulsory military service were allowed

to take leave during official ceremonies. Religious minorities benefited from the country’s

official holidays in addition to special leave on the days of religious ceremonies.

65. The Islamic Republic of Iran reported that more than 250 churches were owned by

Christian minorities, 16 synagogues by Jewish minorities and 78 places of worship by

Zoroastrians. In addition, the religious places of religious minorities were refurbished by

the Government from the public budget and some historic locations were nationally

registered. It added that religious minorities owned 20 newspapers, weeklies, monthlies and

magazines as well as 5 printing and publishing centres. Government funds had been

allocated through the national budget to provide services and conveniences for religious

minorities and a variety of financial aids had been granted, including funds for the

construction of a stadium for the Armenian religious minority in Tehran in 2016.

66. The Islamic Republic of Iran also reported that religious minorities could choose to

attend public schools or their own schools and that there were currently 93 schools

belonging to religious minorities operating in the country. In 2016, the parliament had

passed a law enabling minorities to establish their own schools. In support of minority

literature and cultures, there were also higher education courses in Iranian universities, such

as the BA in Armenian language and literature at the universities of Azad and Isfahan. Iran

added that Sunni Muslims were not considered an official religious minority but as part of

the majority. Pursuant to article 12 of the Constitution, they were free to perform their

rituals and religious teachings. The President appointed a Sunni counsellor, not only to

facilitate communication, but also to address the issues of the Sunni population.

67. Italy reported that in 2018, the two draft texts of (intesa) agreements with the

Diocesi Ortodossa Romena d’Italia and with the Association Chiesa d’Inghilterra, agreed

by the Interministerial Commission for Agreements with Religious Denominations, had

been sent to the new Under-Secretary of State of the Presidency of the Council of Ministers

and to the respective representatives of the religious denominations for their joint signature.

Once signed by the President of Council and the representatives of the religious

denomination, each agreement would be transmitted to the parliament for its approval.

68. In Montenegro, the Ministry for Human and Minority Rights had received from the

courts data on the number of initiated or ongoing procedures in the courts relating to

protection against discrimination based on religion or belief. The Ministry continued to

allocate material resources to religious communities in Montenegro each year.

69. In the Russian Federation, the concept and forms of religious associations, as well as

guarantees of their activities were enshrined in the law on freedom of conscience, which

established guarantees of mutual non-interference of the State and religious associations,

and which clearly stated that all religious associations were equal before the law. The

Russian Federation reported that the State did not interfere in a citizen’s practice of religion

and religious affiliation, or in the raising of children by parents or guardians, in accordance

with their convictions and taking into account the child’s right to freedom of conscience

and freedom of religion. The State did not interfere in the activities of religious

associations, as long as they were not in contradiction with the legislation, and it ensured

the secular nature of education in State and municipal educational institutions.

70. Turkey reported that steps had been taken in the field of education and culture for

non-Muslim citizens. In addition, through amendments made to the Turkish Criminal Code,

sanctions on preventing persons from individual worship and fulfilling requirements of

religious belief had been introduced into the Code under article 115 on the prevention of

freedom of belief, thought and opinion. Article 6 of the electricity market law No. 6446

(2013) required that the lighting expenses of places of worship be paid from the budget of

the Presidency of Religious Affairs. In line with article 6, the lighting expenses of churches

and synagogues meeting the legal requirements were paid by the Presidency of Religious

Affairs upon application to the offices of the provincial muftiates. In 2018, aside from

mosques, 394 churches, 3 chapels and 36 synagogues, had benefited from this provision.

71. Ukraine reported that in 2018, in the context of the commemoration of the 100th

anniversary of the Ukrainian revolution, a number of events had been held to celebrate the

historical tradition of the activities of the State body for the affairs of religions and

nationalities in Ukraine. Two all-Ukrainian scientific-practical conferences had been held

on the themes of “The State body on religious affairs in Ukraine: history and modernity”

and “Approval of tolerance in the religious and national context during the independence of

Ukraine” in June and November 2018 respectively. Representatives of religious

organizations in Ukraine had participated in the work of the conferences.

L. Encouraging the representation and meaningful participation of

individuals, irrespective of their religion, in all sectors of society17

72. Argentina reported that practices in employment and the work environment were

underpinned by prejudices constructed by negative value judgments and stigmatization of

specific social groups and/or stereotypes extended to a whole group. The National Institute

against Discrimination, Xenophobia and Racism worked with civil society organizations

and companies in order to achieve inclusive labour relations. It had disseminated

information on the subject and had edited a book entitled Management of Diversity in

Organizations.

73. In Australia, the multicultural access and equity policy obliged government

departments and agencies to ensure that their policies, programmes and services were

accessible to and delivered equitable outcomes for all eligible Australians, regardless of

their cultural, religious or linguistic backgrounds, with the aim of ensuring that all

Australians had the opportunity to achieve their potential and participate in the social,

economic and cultural life of the country.

74. In the Islamic Republic of Iran, arrangements had been made to preserve the rights

of minorities and guarantee their political participation and contribution in decision-

making. Representatives of religious minorities were also present in urban and rural

councils. In July 2018, the parliament passed a reform bill, allowing members of religious

minorities to stand for Islamic city council elections. After rejection of the bill by the

Guardian Council, the parliament referred the bill to the Expediency Council, which had

finally approved it.

17 Paragraph 8 (c) of resolution 37/38.

M. Making a strong effort to counter religious profiling, which is

understood to be the invidious use of religion as a criterion in

conducting questioning, searches and other law enforcement

investigative procedures18

75. Italy reported that basic legislation concerning the administration of public security

activities expressly prohibited data collection on the grounds of race, religion, political

opinion, adhesion to trade unions, cooperatives and care and cultural associations, and

membership in such organizations. The Anti-crime General Directorate of the Police

coordinated education and training for police officers, especially those working within the

justice system. Since 2013, a specific module on discriminatory profiling in police activities

had been introduced into training programmes run by the Observatory for Security against

Discrimination to increase the awareness of police officers.

76. Italy reported that cases of discrimination against beneficiaries of international

protection were increasing in Italy. Direct or indirect discriminatory actions were directed

against asylum seekers, beneficiaries of international protection, foreign unaccompanied

minors and more broadly against women and foreign minors. The national integration plan,

approved in September 2018, provided specific training to social services and medical

personnel, such as social workers, civil registry officials, medical doctors, nurses and

municipal and State police. Proposed by the National Anti-Racial Discrimination Office,

another specific anti-discrimination initiative, funded by the Asylum, Migration and

Integration Fund, had been launched. It was aimed at encouraging municipalities and other

territorial bodies to join the national network of anti-discrimination centres preventing and

combating ethnic and racial discrimination in the provision of public utilities, which were

sponsored by the National Anti-Racial Discrimination Office; an awareness-raising and

information campaign for third country nationals who were possible victims of

discrimination; specific training for civil servants; and measures to prevent and combat

discrimination.

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

of religious intolerance, including multiple discrimination, xenophobia, migration, religious

freedom, religious profiling and incitement to racial, national or religious hatred.

78. The High Commissioner for Human Rights has spoken out in various public forums,

including the Human Rights Council. Upon request, OHCHR reviews draft anti-

discrimination laws and constitutional amendments and has supported several countries and

specialized bodies in developing national action plans against racism.

79. OHCHR manages a database that includes information on issues of racism, racial

discrimination, xenophobia and related intolerance. 19 It also develops guidelines and

training manuals for judges and conducts training related to the points in the action plan

outlined in Human Rights Council resolution 37/38. Through its field presences, related

activities have taken place in countries including Lebanon, Malaysia, Morocco, Oman,

Senegal and Tunisia and with journalists from the Russian Federation, Ukraine and West

Africa, to counter xenophobia and hate speech.

80. From 6 to 7 December 2017, the Rabat+5 Symposium offered an opportunity for

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 on the basis of religion. The broad and diverse participation

18 Paragraph 8 (d) of resolution 37/38.

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

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 in 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 resolution 16/18, the action plan adopted by the Human

Rights Council in its resolution 37/38 and related General Assembly consensus

resolutions provide a guiding tool for collective action to counter religious

discrimination and intolerance. Greater efforts are required to foster its practical

implementation. In the light of resolution 37/38, in which the Council asked for views

on potential follow-up measures for further implementation of the action plan, the

High Commissioner provides the suggestions below.

82. As stressed in several prior reports of the High Commissioner to the Human

Rights Council and the reports of the Secretary-General to the General Assembly,

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

contributions received from States and of geographic participation (see, for example,

A/HRC/34/35, para. 116). The High Commissioner also notes that the receipt of

submissions from States has been decreasing.

83. 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 should seriously

consider streamlining 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 more meaningful update of how the action plan is being implemented worldwide.

84. As provided in resolution 37/38, 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. The submissions of some

States for the present report continue to reflect an emphasis on some paragraphs or

elements of the action plan, but little or none on the others.

85. It would be useful to strengthen communication with the public on the elements

of the action plan and resources could be devoted to awareness-raising campaigns or

communications initiatives, including those aimed at simplifying the language and

disseminating a concise separate publication in all regions and in all United Nations

languages, and at a later point 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 or Belief.

86. As specified in resolution 37/38, Member States are encouraged to consider

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

OHCHR. They are further encouraged to utilize the universal periodic review to fully

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

including through information from national human rights institutions and civil

society organizations, has great potential to improve the implementation of the action

plan.

87. The submissions received from States continue to reflect the fact 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.

The High Commissioner wishes to emphasize the responsibility of States to investigate

and prosecute crimes and violations, hold perpetrators accountable and provide

remedies to victims. She wishes to stress once again the importance of taking practical

measures to implement the extensive legislative frameworks to counter discrimination,

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

many countries. As in the preamble of resolution 37/38, 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 must also be placed on the numerous

practical actions which need to be taken by Governments and other stakeholders.

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

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

also report on their actions in implementation of the plan. Similarly, multiple forms of

discrimination may affect individuals and groups. It is very 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 and belief.

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

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

Conference 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 could be used to develop technical cooperation

programmes and better assess the situation. The proposed observatory could initially

build on the existing OHCHR database on combating racial discrimination, which was

developed in accordance with the Durban Programme of Action.