A/HRC/4/WG.3/6
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47. The 1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief defines intolerance and discrimination in this context
as “any distinction, exclusion, restriction or preference based on religion or belief and having as
its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise
of human rights and fundamental freedoms on an equal basis.” Human rights bodies and
Governments should rely on the provisions thereof. Article 2 of the Declaration underlines that
“no one shall be subject to discrimination by any State, institution, group of persons, or person
on the grounds of religion or other belief” and article 4 calls on States to take effective measures
and “make all efforts” to prevent and eliminate discrimination on the grounds of religion or
belief. According to the 1992 Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities “States shall take measures to create favourable
conditions to enable persons belonging to minorities to express their characteristics and to
develop their culture, language, religion, traditions and customs ...”.36
Assessment and recommendations
48. The nexus between racism and religion poses complex and sensitive issues which are not
adequately addressed under international law. The experts believe that the reference to the right
to freedom of religion in article 5, paragraph (d) (vii) of ICERD should be further developed to
cover the complexity of the connection between religion and race, racial discrimination,
xenophobia and related intolerance. In light of the increasing incidents of Islamophobia,
anti-Semitism and Christianophobia in the aftermath of the events of 11 September 2001, it is
necessary that human rights bodies update accordingly their general comments or
recommendations, reporting guidelines, and rules of procedures.
49. It is recommended in particular that CERD adopt a general recommendation
addressing concerns which have emerged in the area of racial discrimination and religion
or belief.
50. In addition, the experts recommend that the Human Rights Committee revise general
comment No. 22 (1993) on article 18 (Freedom of thought, conscience or religion) in order
to address present challenges. The experts stress that in addressing problems linked to the
nexus between racism and religious, it is vital that human rights bodies and Governments
rely on the provisions of the 1981 Declaration on the Elimination of All forms of
Intolerance and of Discrimination Based on Religion and Belief.
B. Refugees, asylum-seekers, migrant workers and stateless persons
1. Refugees, asylum-seekers, migrant workers
51. There is an intrinsic connection between racism and the situation of refugees,
asylum-seekers and migrants. Racism, sometimes accompanied with violence, continues to be
36
Article 4, para. 2.
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