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
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