A/HRC/12/38
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discrimination - the highest levels of discrimination occurred in employment - in the past
12 months and, on average, one in four Muslim respondents were stopped by the police in the
previous 12 months and 40 per cent of these believed that this was specifically because of their
immigrant or minority status. The report also indicates that the great majority of those Muslims
surveyed who had experienced at least one incident of discrimination did not consider religion to
be the main reason for their discrimination or that being a citizen of a European Union
Member State and a longer period of residence in a European Union country considerably
reduced the likelihood of being discriminated against. Furthermore, the report also shows low
levels of rights awareness and knowledge about, or trust in, mechanisms for making complaints.
For instance, whereas 11 per cent of all Muslim respondents considered that they were a victim
of a racially motivated assault, threat or serious harassment in the last 12 months, the report
indicates that there is a real problem with undercounting the extent of racist crime in the majority
of European Union Member States.
25. On the basis of the above-mentioned information provided by the Organisation of the
Islamic Conference and the European Union Agency for Fundamental Rights, the Special
Rapporteur would like to distinguish between: (a) intolerant mentalities; (b) incitement to
religious hatred; (c) religious discrimination; and (d) violence perpetrated against members of
religious or belief communities.
26. First, he would like to express his concern with regard to the level of intolerance against
Muslims in European and other Western countries. The use of stereotypes does not contribute to
the creation of an environment conducive to constructive and peaceful dialogue among different
communities. For instance, the former mandate holder, the Special Rapporteur on freedom of
religion or belief, and the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression condemned the tone and content of the online film by Dutch
Member of Parliament, Geert Wilders, which was released on the Internet on 27 March 2008.
They criticized the provocative nature of the film depicting an extremely distorted vision of
Muslims and stated that the film “Fitna” illustrated an increasing pattern that associates Muslims
exclusively with violence and terrorism. Racial and religious intolerance towards specific ethnic
or religious groups should be addressed by Governments through a wide range of measures
aimed at educating people and providing them with space to dialogue, and finding ways to create
a peaceful society. More generally, the Special Rapporteur is of the view that, while intolerant
mentalities by themselves do not yet constitute human rights violations, they may, however,
eventually lead to such violations.
27. Second, the Special Rapporteur would like to voice his grave concern at the reported
incidents of incitement to religious hatred. Intolerant mentalities become a human rights issue as
soon as they are publicly expressed through advocacy of racial or religious hatred that constitutes
incitement to discrimination, hostility or violence. In this regard, the report received from the
Organisation of the Islamic Conference on the computer game “Muslim Massacre”, which was
available as a free download over the Internet and in which players controlled a soldier on a
mission to “wipe out the Muslim race with an arsenal of the world’s most destructive weapons”,
constitutes, in the Special Rapporteur’s view, an example of public incitement to violence, based
on the racial or religious affiliation of the targeted individuals. He expresses his deep concern
about the use of new information technologies, such as the Internet, for purposes contrary to
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