A/HRC/9/7
page 3
I. INTRODUCTION
1.
In its resolution 7/19 on combating defamation of religions, the Human Rights Council
acknowledged the importance of respect and understanding for religious and cultural diversity
and expressed concern about the negative stereotyping and manifestations of intolerance and
discrimination against all religions, in particular the intensification of the campaign of
defamation of religions and the ethnic and religious profiling of Muslim minorities in the
aftermath of the tragic events of 11 September 2001. The Council urged Member States to take
action to prohibit the dissemination of racist and xenophobic ideas and materials aimed at any
religion or its followers that constitute incitement to racial and religious hatred, hostility or
violence.
2.
In the same resolution, the Council requested the High Commissioner for Human Rights to
report to the Council at its ninth session on the implementation of the resolution, and to submit a
study compiling relevant existing legislations and jurisprudence concerning defamation of and
contempt for religions. The present report is submitted pursuant to the first part of this request
regarding the implementation of the resolution. The study compiling relevant existing
legislations and jurisprudence is submitted in a separate document (A/HRC/9/26).
3.
While the scope of the present report is limited to resolution 7/19, attention is drawn to
previous reports of the Secretary-General, the High Commissioner for Human Rights and
the special rapporteurs, on issues related to freedom of religion, promotion of tolerance,
incitement to racial and religious hatred and violence, and defamation of religions, respectively.
Their reports, prepared at the request of the General Assembly and the Council, provide an
additional context and useful background for the present one.
4.
At its inaugural session in 2006, the Council, in its decision 1/107, requested the Special
Rapporteur on freedom of religion or belief, the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance and the High Commissioner for
Human Rights to report to the Council at its next session on the increasing trend of defamation of
religions, incitement to racial and religious hatred and its recent manifestations, in particular its
implications for article 20, paragraph 2, of the International Covenant on Civil and Political
Rights, which provides that any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law.
5.
In their joint report pursuant to decision 1/107 (A/HRC/2/3), the Special Rapporteur on
freedom of religion or belief, Asma Jahangir, and the Special Rapporteur on contemporary forms
of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène, examined
the trends and political and ideological contexts of racial and religious intolerance as well as the
scope of the rights to the freedoms of religion or belief and opinion and expression with respect
to intolerance and incitement to religious hatred. The report of the High Commissioner
(A/HRC/2/6) reviewed the status of the law on incitement to racial and religious hatred and
concluded, inter alia, that limits to speech on account of incitement to racial and religious hatred
were generally regarded as an exceptional measure to be applied in strictly defined
circumstances on the basis of clearly identified criteria. In the report, the High Commissioner
noted that many countries had developed very detailed jurisprudence from which to draw
principles.
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