A/HRC/9/25
page 18
section of the public against another section which has a different characteristic based on social
class, race, religion, sect or regional difference, which creates a clear and imminent danger to
public security; who publicly degrade the religious values of a section of the public (art. 216,
paras. 1 and 3). Furthermore, the Law on the Establishment of Radio and Television Enterprises
and Their Broadcast stipulates, in article 4 (d), that broadcasts shall not, in any manner, humiliate
or insult people on grounds of language, race, colour, gender, political opinion, philosophical
belief, religion, sect, or any such considerations.
VI. CONCLUSIONS
80. The former High Commissioner, at the first session of the Human Rights Council,
emphasized that “the proliferation of acts and expressions contributing to the exacerbation
of cultural and religious tensions is producing new cleavages within and between
communities, and has recently led to unprecedented levels of violence and destruction, on
the ashes of which trust and tolerance must now be rebuilt. The use of harmful stereotypes
and the perpetuation of myths that demonize, ridicule, or insult deep-rooted religious
feelings and a profound sense of identity, must be denounced as vigorously as the right to
champion unpopular ideas must be asserted and protected”.
81. There are legitimate concerns about an increase in manifestations of intolerance and
discrimination based on religion or belief as well as acts of violence, including attacks
against places of worship, which are threatening the enjoyment of human rights and
fundamental freedoms.
82. Further clarity is needed with regard to the legal contours of the demarcation line
between freedom of expression and incitement to religious hatred. In order to protect
individuals and groups, a better understanding of the permissible limitations to freedom of
expression in accordance with international human rights law needs to be developed.
OHCHR will therefore organize an expert consultation entitled “Links between articles 19
and 20 of the ICCPR: Freedom of expression and advocacy of religious hatred that
constitutes incitement to discrimination, hostility or violence”. The expert consultation will
be held from 2 to 3 October 2008 in Geneva and is open to the participation of observers
such as Member States, United Nations agencies, regional organizations and NGOs.
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