A/HRC/13/57 9. Article 298 of the Criminal Code declares punishable, either with imprisonment or a fine, all instances of defamation or insults committed against one or more persons belonging to an ethnic or philosophic group, or to a religion, provided such defamation is intended to incite to hatred among citizens or residents. Voluntary degradation, destruction or profanation of places of worship is also punishable with deprivation of liberty and a fine, in accordance with article 160 ter of the Criminal Code. Any offence of the Prophet or denigration of Islam and its teachings, by whichever medium, is punishable with three to five years’ imprisonment, as well as a fine. Prison sentences and fines are also established for the desecration of cemeteries. 10. Algeria also reported on Ordinance 90-07 on the right to information imposing an obligation on reporters to refrain from directly or indirectly disseminating racist, intolerant or violent messages. Article 77 of the Ordinance establishes fines and prison sentences for the insult of Islam and other holy religions. Article 99 grants tribunals the authority to order the provisional or definitive closure of information outlets acting in violation of the ordinance. Guatemala [Original: Spanish] 11. Guatemala reported that the spiritual practices of the indigenous people of Guatemala had historically been prohibited or disdained, but that, at the present time, freedom of religion was an integral element of the country’s vision of a culture of peace and the creation of a multicultural, multi-ethnic and multilingual State. In the period from 2004–2008, the national human rights institution of Guatemala had received 17 complaints invoking negative stereotyping of indigenous spirituality, accusations of witchcraft, and disrespect for places and symbols of worship. 12. A number of constitutional, legislative, institutional, public policy and programmes measures had been adopted by Guatemala to guarantee freedom of religion and belief. The specificity and importance of the spirituality of the Maya had also been acknowledged in the Peace Agreement on the Identity and Rights of Indigenous Peoples signed by the Government of Guatemala. Article 202 bis of the Criminal Code, adopted in implementation of the Durban Declaration and Programme of Action, further criminalized discrimination, including on the basis of religion, and established penalties from fines up to prison sentences of one to three years. 13. Guatemala reported that Catholics, Protestants, Jews and followers of Maya spirituality participated in an interreligious dialogue. Guatemala had also established the Presidential Commission on Discrimination and Racism against Indigenous Peoples in Guatemala (CODISRA), which sought to overcome cultural racism, negative stereotyping and discriminatory practices through information campaigns and media monitoring. In 2008, a public information campaign touted the message “Overcome prejudice and celebrate diversity” and advocated the acceptance of all aspects of identity, including language, dress, spiritual practice, religion and cultural traditions. From 2006 through 2009, CODISRA also organized workshops for opinion makers. The workshops addressed religious bias and bigotry in general, and racist speech about indigenous peoples, their beliefs and spirituality in particular. 14. The Guatemalan Ministry of Culture and Sports was working to foster a culture of peace and respect for diversity, including religious diversity. Typically, its cultural programmes were opened with a prayer for peace by a religious leader. The Ministry also raised awareness about the existence of holy sites in indigenous communities in order to GE.10-10223 5

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