A/HRC/9/7
page 9
Furthermore, articles 1 and 2 of the Universal Declaration of Human Rights and article 26 of the
International Covenant on Civil and Political Rights clearly impose a legal obligation on States
to eliminate discrimination and protect against intolerance. It also maintains that the Universal
Declaration of Human Rights, and the International Covenant, in particular the provision of
article 20 (2), which prohibits the advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence, affirm that freedom of speech entails duties
and responsibilities and is subject to limitations. In this connection, the Islamic Republic of Iran
referred to general comment No. 11 of the Human Rights Committee, in which it recognizes that
the limitations in article 20 (2) are compatible with the right to freedom of expression in
article 19 of the International Covenant. The provisions of the International Covenant against
incitement to religious hatred are legitimate safeguards against abuse of the right to freedom of
expression.
25. The Islamic Republic of Iran also referred to the 2001 World Conference against Racism
held in Durban, South Africa, and the unequivocal statement in the Durban Declaration and
Programme of Action that “the dissemination of all ideas based upon racial superiority or hatred
shall be declared an offence punishable by law”. This statement is consistent with article 4 (b) of
the International Convention on the Elimination of All Forms of Racial Discrimination, which
places an obligation on States to be vigilant and proceed against organizations that disseminate
ideas based on racial superiority or hatred, acts of violence or incitements to such acts. It
concluded that the right to freedom of expression should be exercised with the responsibilities
and limitations prescribed by law and that the international community should initiate a global
dialogue to promote a culture of tolerance and peace based on respect for human rights and
cultural diversity. To illustrate the importance that it attaches to the fight against racism, the
Government cites several initiatives that it has taken in recent years, including its active
participation in the 2001 World Conference against Racism in Durban, its initiation of the idea
of “dialogue among civilizations”, which was welcomed by the international community,
sponsorship of the resolution on human rights and cultural identity, and the hosting of the
2007 ministerial conference of the Non-Aligned Movement on human rights and cultural
diversity.
Mauritius
[Original: English]
26. Section 11 of the Constitution of Mauritius on the protection of conscience provides that,
except with one’s own consent, no person shall be hindered in the enjoyment of their freedom of
conscience, which includes freedom of thought and religion, the freedom to change one’s
religion or belief, and the freedom either alone or in community with others and both in public
and private to manifest and propagate one’s religion or belief in worship. The Constitution also
provides that no person attending any place of education shall be required to receive religious
instruction or to take part in or attend any religious ceremony or relate to a religion to which he
does not adhere. Conversely, no religious community or denomination shall be prevented from
providing religious instruction to persons of that community or denomination in the course of
any education provided by that community or denomination.
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