A/HRC/13/57 Bolivarian Republic of Venezuela [Original: Spanish] 44. The Bolivarian Republic of Venezuela reported its attachment to ethnic, cultural and religious diversity at the domestic and international levels. Article 59 of the Constitution guaranteed freedom of religion and religious practice. Articles 169–171 of the Venezuelan Criminal Code established offences for infringement on freedom of worship, vandalism of places of worship and burial, and other violations of freedom of religion. 45. It was reported that article 57 of the Venezuelan Constitution outlawed discriminatory messages and messages promoting religious intolerance. With respect to the media, the Bolivarian Republic of Venezuela reported on its Social Responsibility in Radio and Television Act, which addressed discriminatory practices and incitement to hatred, including religious hatred. The Bolivarian Republic of Venezuela submitted that article 28 of the Act stated that, without prejudice to civil and criminal prosecution, media providers could be sanctioned with broadcasting licence suspension or even closure for spreading discriminatory messages. Article 29 provided sanctions for promoting incitement to violence, discrimination and religious intolerance. III. Regional organizations European Commission against Racism and Intolerance of the Council of Europe 46. The European Commission against Racism and Intolerance (“the Commission”) is an independent human rights monitoring body of the Council of Europe specialized in questions relating to racism and intolerance. It is composed of independent experts, appointed on the basis of their moral authority and recognized expertise in dealing with racism, xenophobia, anti-Semitism and intolerance. In its annual report covering the period from 1 January through 31 December 2008, the Commission provided information with respect to contemporary forms of racism and racial discrimination in the geographic area covered by the Council of Europe. It pointed to a negative climate in public opinion which, it noted, played a key role in the appearance of manifestations of racism or intolerance. Such a climate, according to the Commission, was fuelled by some media and also by the increasing use of racist and xenophobic arguments in political discourse. Faced with this situation, ECRI advocated strengthening legal protection against racist acts and discrimination on the grounds of race, colour, language, religion, nationality or national or ethnic origin. The Commission welcomed the fact that member States of the Council of Europe were continuing to adopt and fine-tune criminal law provisions against racist acts and anti-discrimination legislation. However, it noted that many States were yet to fill remaining gaps in their legislation. 47. The Commission also reported that, in 2008, the negative portrayal of Muslims in the media continued to be one of the main obstacles to their integration in member States of the Council of Europe. Islamophobia manifested itself through prejudice and stereotypes against Muslims, which in turn led to acts of discrimination and intolerance against them in everyday life. While some European Governments had taken initiatives to encourage greater tolerance of religious diversity, such as the establishment of forums for intercultural dialogue, the Commission noted that greater efforts were necessary to remove legal and psychological barriers which still existed in some countries with respect to Muslims practising their religion. Particular reference was made to the construction of mosques. GE.10-10223 11

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