A/HRC/12/38
page 2
Summary
The present report is submitted pursuant to Human Rights Council resolution 10/22
of 26 March 2009 entitled “Combating defamation of religions”, in which the Council requested
the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance, Githu Muigai, to “report on all manifestations of defamation of religions, and
in particular on the serious implications of Islamophobia, on the enjoyment of all rights by their
followers, to the Council at its twelfth session”.
In view of the important developments that have taken place during the reporting period,
the present report takes stock of the ongoing conceptual debate on the issue of “defamation of
religions” and incitement to religious hatred. In this regard, the Special Rapporteur refers to the
last report of his predecessor, the expert seminar on the links between articles 19 and 20 of the
International Covenant on Civil and Political Rights, as well as the outcome document of the
Durban Review Conference.
In the second chapter, the Special Rapporteur addresses the issue of religious
discrimination and incitement to religious hatred. Following an overview of the information
received, since taking up his mandate, on serious implications of Islamophobia on the enjoyment
of all human rights of their followers, he distinguishes between intolerant mentalities, incitement
to religious hatred, religious discrimination, and violence perpetrated against members of
religious or belief communities. The Special Rapporteur then highlights the interrelatedness of
the applicable international human rights standards.
Lastly, he presents a number of conclusions and recommendations, proposing a way
forward in international efforts to combat incitement to racial or religious hatred. In this regard,
he reiterates the recommendation of his predecessor to encourage a shift away from the
sociological concept of the defamation of religions towards the legal norm of non-incitement to
national, racial or religious hatred. He also welcomes the consensus reached at the Durban
Review Conference and recommends that policymakers rely on the robust and adequate
language of the outcome document and implement it domestically. Finally, he recommends that
strong emphasis be put on the implementation of the core obligations of States relating to the
protection of individuals and groups of individuals against violations of their rights incurred by
hate speech, and stresses the need to protect members of religious or belief communities from
violation of their right to freedom of religion or belief.
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