A/HRC/4/WG.3/6
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of religion and belief, and that they are trained and educated accordingly.117 With regard to
implementation measures, States were urged “to ensure that religious places, sites and shrines are
fully respected and protected and to take additional measures in cases where they are vulnerable
to desecration or destruction.”118 In its resolution 55/254, the General Assembly highlighted the
fact that religious sites “represent an important aspect of the collective heritage of humankind.”
129. The Commission specified “that in the context of the fight against terrorism and the
reaction to counter-terrorism measures, defamation of religions becomes an aggravating factor
that contributes to the denial of fundamental rights and freedoms of target groups, as well as their
economic and social exclusion.”119 In its resolution 61/61, the General Assembly also stated that
equating any religion with terrorism must be avoided, as this may have adverse consequences on
the enjoyment of the right to freedom of religion or belief of all members of religious
communities concerned. Finally, the General Assembly stated that dialogue and education are
the means to cultivate greater respect, tolerance, and understanding with regards to religion or
belief.120
Assessment and recommendations
130. The experts are of the view that there is an increase in religious intolerance, and incitement
to religious hatred. Equally well-founded is the observation that religious intolerance and
violations of the right to freedom of religion have increased substantially in the aftermath of
11 September 2001. These developments give rise to serious concerns, which need to be
addressed in a thoughtful and effective way. From the perspective of their mandate, however, the
experts are of the opinion that religious intolerance combined with racial and xenophobic
prejudices is adequately covered under international human rights instruments. Yet, it is in light
of the concerns of the international community regarding the rise in religious intolerance that
CERD may wish to consider adopting a recommendation stating explicitly the advantages of
multicultural education in combating religious intolerance.
E. Racial discrimination in the private sphere
131. Manifestations of racism and racial discrimination within the private sphere, such as in the
relationships between individuals/groups and non-State subjects, constitute a cause for concern.
It has been widely recognized that on the one hand it is the obligation of the State under human
rights law to effectively address racism and racial discrimination and protect individuals against
their impact in the private sphere (horizontal effect); on the other hand, non-State actors bear the
responsibility not only to refrain from racist conduct but also to ensure respect for the principles
of equality and non-discrimination within their own realms of activity.
117
Resolutions 1994/18, 1998/18, 2001/42, 2002/40, 2003/54 and 2003/4.
118
Resolutions 2002/40 and 2003/54.
119
Resolution 2005/3.
120
General Assembly resolutions 57/208, 58/184, 59/199, 60/166 and 61/161.
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