A/HRC/34/35
95.
Some Member States in their contributions to the present report noted the need
to gather and consolidate information about various measures, steps and practices.
96.
The Rabat Plan of Action contains expert conclusions and recommendations
based on legislative patterns, judicial practices and policies with the aim of better
guiding all stakeholders, including national legislatures and the judiciary, in
implementing the international prohibition of incitement to hatred. OHCHR works
with Member States on substantive support for international standards and practical
measures at the national level. For example, in 2015 and 2016, it supported the
organization of a training session, a conference and a consultation on issues
concerning the situation of minorities, countering incitement to hatred and religious
intolerance, in Muscat, Tunis and Beirut respectively. Recently, OHCHR organized a
workshop in Amman on developing a model curriculum for continuing education on
combating incitement to hatred and the promotion of freedom of expression for
judicial academies in the Middle East and North Africa region.
97.
States should undertake a systemic study of the patterns, triggers and
manifestations of intolerance and incitement to violence in an effort to better
understand how they can reduce social tensions and prevent intolerant groups and
individuals from lashing out.
98.
States should also ensure that their justice system is well equipped to prevent
impunity. Those who incite religious hatred or commit crimes, which may violate the
right to freedom of religion or belief, should not evade justice.
99.
Legal sanctions may be necessary to protect human beings against incitement
to hatred, discrimination and acts of violence. In terms of general principles, a clear
distinction should be made between three types of expression: expression that
constitutes a criminal offence; expression that is not criminally punishable, but may
justify civil or administrative sanctions; and expression that does not give rise to any
legal action but still raises concern in terms of tolerance and respect for the rights of
others.
100. To be effective, legislation on prohibition of incitement to hatred should be
endowed with the specificity and certainty required to meet international standards
on freedom of religion or belief and freedom of opinion and expression. The Rabat
Plan of Action provides useful guidance through its six-part threshold test for
expressions considered as criminal offences. There is a need to further explain and
specify what that threshold entails and what is considered to be advocacy of religious
hatred constituting incitement in practical terms.
101. Member States are further encouraged
to fully address freedom of religion or belief
mechanism, including through information
institutions and civil society organizations,
implementation of the action plan.
to utilize the universal periodic review
and related concerns. The use of that
provided by national human rights
has great potential to improve the
102. With a view to enhancing the gathering of consolidated information and
further reporting, States might revisit the proposal made at the Durban Review
Conference, held in 2009, that an observatory be created to gather and organize
information about discrimination, including on the basis of religion or belief. Trends
and manifestations could be compiled and analysed, as well as legislation, policies,
programmes and institutions to address them. It could be used in the development of
technical cooperation programmes and a better assessment of the situation. The
proposed observatory could initially build on the OHCHR database on practical
means to combat racism, racial discrimination, xenophobia and related intolerance,
developed in accordance with the Durban Declaration and Programme of Action.
Violent extremism and radicalization
103. Violent extremism and radicalization issues featured in a number of the
contributions received. States noted that they were taking measures to combat violent
extremism through community networks, leaders and mentoring, youth intervention,
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