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Selasa, 06 April 2010

HUMAN RIGHTS COUNCIL

http://daccessdds.un.org/doc/UNDOC/LTD/G08/122/70/PDF/G0812270.pdf?OpenElement
HUMAN RIGHTS COUNCIL
Seventh session
40th meeting
27 March 2008


[Adopted by a recorded vote of 21 to 10,
with 14 abstentions. See chap. IX.]
7/19. Combating defamation of religions
The Human Rights Council,
Recalling the 2005 World Summit Outcome adopted by the General Assembly in its
resolution 60/1 of 24 October 2005, in which the Assembly emphasized the responsibilities of all
States, in conformity with the Charter of the United Nations, to respect human rights and
fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language or
religion, political or other opinion, national or social origin, property, birth or other status, and
acknowledged the importance of respect and understanding for religious and cultural diversity
throughout the world,
Recalling also the Durban Declaration and Programme of Action, adopted by the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in
September 2001,1
Recalling further the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief, proclaimed by the General Assembly in its
resolution 36/55 of 25 November 1981,
Recognizing the valuable contribution of all religions to modern civilization and the
contribution that dialogue among civilizations can make to an improved awareness and
understanding of the common values shared by all humankind,
Noting the Declaration adopted by the Islamic Conference of Foreign Ministers at its
thirty-fourth session in Islamabad, in May 2007, which condemned the growing trend of
Islamophobia and systematic discrimination against the adherents of Islam and emphasized the
need to take effective measures to combat defamation of religions,
Noting also the final communiqué adopted by the Organization of the Islamic Conference
at its eleventh summit, in Dakar, in March 2008, in which the Organization expressed concern at
the systematically negative stereotyping of Muslims and Islam and other divine religions, and
denounced the overall rise in intolerance and discrimination against Muslim minorities, which
constitute an affront to human dignity and run counter to the international human rights
instruments,
Recalling the joint statement of the Organization of the Islamic Conference, the
European Union and the Secretary-General of 7 February 2006, in which they recognized the
need, in all societies, to show sensitivity and responsibility in treating issues of special
significance for the adherents of any particular faith, even by those who do not share the belief
in question,
Reaffirming the call made by the President of the General Assembly in his statement
of 15 March 2006 that, in the wake of existing mistrust and tensions, there is a need for dialogueand understanding among civilizations, cultures and religions to commit to working together to
prevent provocative or regrettable incidents and to develop better ways of promoting tolerance,
respect for and freedom of religion and belief,
Welcoming all international and regional initiatives to promote cross-cultural and interfaith
harmony, including the Alliance of Civilizations and the International Dialogue on Interfaith
Cooperation and their valuable efforts towards the promotion of a culture of peace and dialogue
at all levels,
Welcoming also the report by the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance on the situation of Muslims and Arabs
in various parts of the world,2
Welcoming further the reports of the Special Rapporteur submitted to the Council at its
fourth and sixth sessions,3 in which he draws the attention of Member States to the serious nature
of the defamation of all religions and to the promotion of the fight against these phenomena by
strengthening the role of interreligious and intercultural dialogue and promoting reciprocal
understanding and joint action to meet the fundamental challenges of development, peace and the
protection and promotion of human rights, as well as the need to complement legal strategies,
Reiterating the call made by the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance to Member States to wage a systematic
campaign against incitement to racial and religious hatred by maintaining a careful balance between the
defence of secularism and respect for freedom of religion and by acknowledging and respecting the
complementarity of all the freedoms embodied in the International Covenant on Civil and Political
Rights,4
Emphasizing that States, non-governmental organizations, religious bodies and the media
have an important role to play in promoting tolerance and freedom of religion and belief through
education,
Noting with concern that defamation of religions is among the causes of social disharmony
and instability, at the national and international levels, and leads to violations of human rights,
Noting with deep concern the increasing trend in recent years of statements attacking
religions, including Islam and Muslims, in human rights forums,
1. Expresses deep concern at the negative stereotyping of all religions and
manifestations of intolerance and discrimination in matters of religion or belief;
2. Also expresses deep concern at attempts to identify Islam with terrorism, violence and human rights
violations and emphasizes that equating any religion with terrorism should be
rejected and combated by all at all levels;
3. Further expresses deep concern at 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;
4. Expresses its grave concern at the recent serious instances of deliberate stereotyping
of religions, their adherents and sacred persons in the media and by political parties and groups in somesocieties, and at the associated provocation and political exploitation;
5. Recognizes that, in the context of the fight against terrorism, defamation of religions
becomes an aggravating factor that contributes to the denial of fundamental rights and freedoms of
target groups and their economic and social exclusion;
6. Expresses concern at laws or administrative measures that have been specifically designed to control
and monitor Muslim minorities, thereby stigmatizing them and legitimizing the discrimination that they
experience;
7. Strongly deplores physical attacks and assaults on businesses, cultural centres and
places of worship of all religions and targeting of religious symbols;
8. Urges States to take actions to prohibit the dissemination, including through political
institutions and organizations, of racist and xenophobic ideas and material aimed at any religion or
its followers that constitute incitement to racial and religious hatred, hostility or violence;
9. Also urges States to provide, within their respective legal and constitutional systems,
adequate protection against acts of hatred, discrimination, intimidation and coercion resulting
from the defamation of any religion, to take all possible measures to promote tolerance and
respect for all religions and their value systems and to complement legal systems with
intellectual and moral strategies to combat religious hatred and intolerance;
10. Emphasizes that respect of religions and their protection from contempt is an
essential element conducive for the exercise by all of the right to freedom of thought, conscience
and religion;
11. Urges all States to ensure that all public officials, including members of law enforcement bodies, the
military, civil servants and educators, in the course of their official duties, respect all religions and
beliefs and do not discriminate against persons on the grounds of their religion or belief, and that all
necessary and appropriate education or training is provided;
12. Emphasizes that, as stipulated in international human rights law, everyone has the
right to freedom of expression, and that the exercise of this right carries with it special duties and
responsibilities, and may therefore be subject to certain restrictions, but only those provided by law and
necessary for the respect of the rights or reputations of others, or for the protection of national security or
of public order, or of public health or morals;
13. Reaffirms that general comment No. 15 of the Committee on the Elimination of
Racial Discrimination, in which the Committee stipulates that the prohibition of the
dissemination of all ideas based upon racial superiority or hatred is compatible with the
freedom of opinion and expression, is equally applicable to the question of incitement to
religious hatred;
14. Deplores the use of printed, audio-visual and electronic media, including the Internet, and of any
other means to incite acts of violence, xenophobia or related intolerance and discrimination towards Islam
or any religion;
15. Invites the Special Rapporteur on contemporary forms of racism, racial discrimination,xenophobia and related intolerance to continue to report on all manifestations of defamation of
religions, and in particular on the serious implications of Islamophobia, on the enjoyment of all
rights to the Council at its ninth session;
16. Requests the High Commissioner for Human Rights to report on the implementation
of the present resolution and to submit a study compiling relevant existing legislations and
jurisprudence concerning defamation of and contempt for religions to the Council at its
ninth session.
1 A/CONF.189/12 and Corr.1, chap. I.
2 E/CN.4/2006/17.
3 A/HRC/4/19 and A/HRC/6/6.
4 See resolution 2200 A (XXI), annex.

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