A/HRC/13/57
75.
In case P.S.N. v. Denmark,28 the Committee on the Elimination of Racial
Discrimination found that discrimination based exclusively on religious grounds did not fall
within the purview of the International Convention on the Elimination of All Forms of
Racial Discrimination. However, it did recognize the importance of the interface between
race and religion and considered that it would be competent to consider a claim of double
discrimination on the basis of religion and another ground specifically provided for in
article 1 of the Convention, including national or ethnic origin.
76.
In its concluding observations, the Committee on the Elimination of Racial
Discrimination has made numerous references to phenomena such as Islamophobia
(including reports thereof following the attacks of 11 September 2001), discrimination
against Jews and Sikhs, discrimination against indigenous religions, desecration of sacred
sites and other cases where it has found an overlap between religion and ethnicity. Hence,
incitement, stereotyping, profiling, stigmatization, and the legitimization of discrimination
are accounted for in the practice of the Committee on the Elimination of All Forms of
Racial Discrimination.
VI.
Human rights special procedures
77.
Reference is made to the chapter on special procedures in the report of the
Secretary-General to the General Assembly at its sixty-fourth session on combating
defamation of religions29 which gives an overview of the positions of the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, the Special Rapporteur on freedom of religion or belief, the independent expert
on minority issues and the Special Rapporteur on the promotion and protection of the right
to freedom of opinion and expression. Specific reference is made to a joint statement30 by
three mandate holders stating that “difficulties in providing an objective definition of the
term ‘defamation of religions’ at the international level make the whole concept open to
abuse”.
78.
During his presentation of his interim report before the General Assembly,31 the
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance, Mr. Githu Muigai, noted that the terminology controversy around
the concepts of “defamation of religions” and “incitement to racial or religious hatred” had
unfortunately detracted the attention from real problems affecting the persons to be
protected. He therefore recommended focusing on the rights of individuals affected by
racial and religious intolerance, discrimination or violence, as well as on the best ways to
prevent and combat such deplorable acts. In doing so, he took the view that it was
necessary to rely on existing human rights norms in order to find a way out of the
terminology controversy. The debate obviously needed to be continued and he expressed
his sincere hope that its outcome would provide effective and concrete responses to
individuals who are victims of discrimination or violence on the grounds of ethnicity,
religion or belief.
79.
During a seminar on the strengthening of cooperation between the European Union
and the United Nations in the struggle against all forms of discrimination held in Brussels
on 14 October 2009, the Special Rapporteur on contemporary forms of racism, racial
28
29
30
31
GE.10-10223
Communication No. 36/2006, Opinion adopted on 8 August 2007.
A/64/209.
Available online at: http://www2.ohchr.org/english/issues/racism/rapporteur/docs/
Joint_Statement_SRs.pdf.
Available online at: http://www2.ohchr.org/english/issues/racism/rapporteur/docs/SpeechGA64.pdf.
17
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