HRC55: panel discussion on countering religious hatred constituting incitement to discrimination, hostility or violence
The 55th Session of the Human Rights Council
26 February – 5 April 2024
8th March 2024
By Farah C. / GICJ
Executive summary
Freedom of expression or attack on freedom of religion and belief?
Multiple acts of Islamophobia and the Qur’an burning in 2023 brought back discussions inside the Human Rights Council (HRC) on the delimitation between freedom of expression and freedom of religion and belief.
Where is the line drawn between safeguarding freedom of expression and protecting individuals belonging to religion from the impacts of incitation to religious hatred, hostility, and discrimination?
The urgent debate in July 2023 and its draft resolution divided Member States. Some heavily criticised the will to punish persons burning holy books or other religious/symbolic objects, arguing that freedom of religion is not a protection of the religion itself but of the individuals practising it. They were against the idea of implementing more law enforcement measures against the burning of the Qur’an or other holy books, worried that this could encourage blasphemy laws.
On the other hand, States in favour of tightening laws on this matter highlighted that the burning of the Qur’an or other holy books is an incitement to religious hatred, hostility and violence toward the individuals identifying with this holy book. They insisted that the context is key when analysing a possible act of incitement to hatred.
The panel discussion held on 8 March 2024 continued the discussions initiated at the urgent debate, seeking a consensus around recommendations and measures that could be implemented or whose efficiency could be improved.
Geneva International Centre for Justice (GICJ) welcomes the steps taken by the Human Rights Council and the OHCHR since last year. Given the increase in frequency and intensity of all forms of religious hatred around the world, GICJ supports the efforts to initiate dialogue with the stakeholders and the persons concerned by those attacks. GICJ reiterates that everyone is responsible for exercising their speech in a way that is truthful and respectful and does not provoke hatred and mistrust.
However, the problem resides less in individuals expressing hate and more pertinently in political leaders who inspire this hate. In too many cases, political leaders fuel hatred through public channels, sharing false ideas or biased attacks against religions with a wide audience. Thus, States are urged to take the necessary measures to combat religious hatred, promote a greater understanding of the need to respect fundamental tenants of religious believers and foster dialogue to increase tolerance in society. This becomes increasingly important as the world is ever-increasingly interconnected.
Geneva International Centre for Justice (GICJ) believes understanding is the first key to cohesion. To truly understand, we need to listen and learn from each other. What can be perceived as a mere act of freedom of expression by one person can be received as a violent blow by another. We encourage States to prioritise education, youth and intercultural dialogue to foster trust between communities. Social cohesion requires leaders to be good listeners and honest speakers.
Background
Throughout 2023, multiple incidents, including acts of Islamophobia and the burning of the Qur’an, were recorded in some countries. This culminated with an Iraqi immigrant burning the Qur’an outside of a Stockholm Mosque on 28 June 2023, which coincided with Eid al-Adha, a Muslim holy day. The Swedish authorities permitted this incident, considering it freedom of speech. This event and other acts of religious hatred prompted the Human Rights Council to hold an Urgent Debate during the 32nd meeting of its 53rd session on 11 July 2023. Pakistan officially requested this urgent debate on behalf of the Member States of the Organisation of Islamic Cooperation (OIC). The HRC discussed “the alarming rise in premeditated and public acts of religious hatred as manifested by the recurrent desecration of the Holy Qur’an in some European and other countries.”
The High Commissioner for Human Rights, Mr Volker Türk, opened the urgent debate by recalling the importance of symbols to humans, from the mundane to the religious, and how the destruction of such symbols can aggravate tensions already within society. He strongly condemned the burning of the Qur’an and other inflammatory actions and insisted that freedom of belief is a fundamental value of the Universal Declaration of Human Rights (UDHR)[1].
The urgent debate resulted in the adoption of draft resolution 53/1. The resolution, entitled “Countering religious hatred constituting incitement to discrimination, hostility or violence,” condemned any advocacy or manifestation of religious hatred, including the recent public and premeditated acts of desecration of the Holy Qur’an. The Council highlighted the need to hold those responsible accountable in a manner consistent with the obligations of States arising from international human rights law. It called upon States to adopt national laws, policies and law enforcement frameworks that address, prevent and prosecute acts and advocacy of religious hatred that constitute incitement to discrimination, hostility or violence.
At the HRC54, after issuing a call for inputs, the High Commissioner held an oral update on the various drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence, highlighting gaps in existing national, legal, policy and law enforcement frameworks[2].
A report will be submitted to the 56th session of the HRC, compiling the main issues discussed during the panel, its recommendations and conclusions.
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Background documents: ● Human Rights Council resolution 53/1 of 12 July 2023 on countering religious hatred constituting incitement to discrimination, hostility or violence. ● Resolution 16/18 : A/HRC/RES/16/18, “combating intolerance, negative stereotyping and stigmatisation of, and discrimination, incitement to violence, and violence against persons based on religion or belief”. |
Panel discussion
Volker Türk, UN High Commissioner for Human Rights
The High Commissioner expressed his “disgust for such expressions of scorn and hate”. He recalled that it is the duty of the human rights movement to combat discrimination and hatred, especially when those are dangerously rising worldwide. He denounced the deliberate, often politically motivated, weaponisation of religion, often directed at minorities. He shared with the Council that he met with diplomats, experts, religious leaders and civil society representatives in November 2023.
The High Commissioner offered some preliminary thinking on the action that could be carried out. He encouraged States to address what their laws lack and guarantee they are comprehensive, effective, and accessible to anyone wanting to defend their rights in court. He encouraged Member States to adopt comprehensive anti-discrimination legislation based on the guidelines issued by the OHCHR[3]. Appropriate legislation should empower people from minority communities to participate fully in society.
Secondly, the High Commissioner encouraged justice systems to be more actively and systematically involved in this matter. The High Commissioner recalled the Rabat Plan of Action developed by the OHCHR, which offers guidance on the distinction between speech or action inciting discrimination, hostility, or violence and when it does not.
Finally, he emphasised the need to deepen human rights education, especially “faith literacy”[4]. Human rights education can be done through schools and public media and can also be more subtle through sports teams, civil society programmes, projects led by religious leaders and communities, etc. Social media platforms have an important role to play, and their responsible regulation is essential.
Mr Zamir Akram, former permanent representative of Pakistan to the United Nations and other international organisations in Geneva and Chair-Rapporteur of the group on the Right to Development
Mr Akram recalled that while there is a convention on racial discrimination, there is only a declaration on religious intolerance. The international consensus is weakened by differences in ideological approaches to combat religious hatred. The threshold to identify religious intolerance has been set so high that hate speakers have significant room to manoeuvre.
He emphasised that, on the one hand, complete freedom of speech without regulation does not reduce hate speech. On the other hand, combating religious hatred is not protecting one religion in particular, it is about protecting the people pursuing that faith.
For him, resolution 53/1 has clarified the threshold for action on the desecration of holy books. He denounced the non-implementation of resolution 16/18 by States, which facilitated episodes of hostility and violence.
Ms Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Ms Khan started by recalling that freedom of religion, belief, and freedom of expression are mutually reinforcing. She also denounced the increasing acts of hate speech and religious intolerance that seek to stir up hatred, fuel social discord and create political tensions.
She encouraged States to use the Rabat Plan of Action to differentiate legitimate speech from incitement. For her, there is a lack of implementation of international legal framework into national systems, and States not complying with international dispositions.
Ms Khan argues that the protection of religious objects, holy books or religious sentiments is not a legitimate ground to restrict freedom of expression. She recalled that the purpose of human rights law is to protect individuals and not protect religious objects etc. Thus, she denounced blasphemy laws implemented by some States.
Finally, she also encouraged social media platforms to invest more in necessary staff, knowledge and expertise to deal with religious hatred.
Ms Kobauyah Tchamdja Kpatcha, Vice-Chair of the Human Rights Committee
The Human Rights Committee oversees the implementation of the International Covenant on Civil and Political Rights (ICCPR), comprising 174 States parties.
She recalled article 20 paragraph 2 of the ICCPR: “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”
Incitement to religious hatred, in all its form, is not part of freedom of expression. She denounced political or religious manipulations which often exploit grey areas between freedom of expression and incitement to hatred. This showed the importance of clarifying the role of treaty bodies, including the one Ms Tchamdja Kpatcha represents. She called on States to strengthen the role of treaty bodies.
Despite efforts to define, determining incitement to religious hatred remains highly contextual. The Human Rights Committee helped draft the Rabat Plan of Action which defines hatred as: “The terms ‘hatred’ and ‘hostility’ refer to intense and irrational emotions of opprobrium, enmity and detestation towards the target group”[5].
“The term ‘incitement’ refers to statements about national, racial or religious groups, which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups.”[6]
The Rabat Plan of Action created a six-part threshold test to determine if restrictions on freedom of expression are necessary on a case-by-case basis:
- The context
- The speaker
- The intent
- The content and form
- The extent of the speech act
- Likelihood, including imminence
The Committee emphasised that prohibitions of demonstrations of a lack of respect toward a religion and another faith system, including blasphemy laws, are incompatible with the ICCPR, except in the specific circumstances that fall within Article 20, paragraph 2. She recalled that it is not acceptable for laws to establish discrimination in favour of or against a religion or belief system. It is also not acceptable that laws prevent criticisms of religious leaders or comments on religious doctrines or dogmas.
In parallel, a culture of inclusiveness, tolerance and mutual respect must be nourished accordingly. States have a responsibility to provide a strong, rapid and firm response to religious hatred.
Mr Thiago Alves Pinto, Member of the Panel of Experts on Freedom of Religion or Belief at the Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe, and Director of Studies in Religion and Theology at the University of Oxford
Mr Alves Pinto insisted that, despite resolution 16/18, the debate around this matter is not resolved, and a political stalemate still exists. He stated that few States corrected their laws protecting only the sacred and few reinforced human rights. He joined other panellists in highlighting a lack of legal clarity surrounding this issue. He denounced the grave impact on human rights of laws protecting only the sacred.
Countries’ interventions
Pakistan on behalf of the Organisation of Islamic Cooperation (OIC)
The representative emphasised that resolution 53/1 was a “result-oriented, context specific and proportionate response” to a series of incidents of Qur’an desecrations that took place in 2023. He denounced the lack of preventive policies leading to impunity. The delegate noted that only one country took action after these incidents while others rejected this form of hatred.
Finland on behalf of Nordic-Baltic countries
The delegate recalled that much effort has been put into reaching a common understanding on the interpretation of article 20 of the ICCPR and its relation to freedom of expression. She shared the need to revitalise the Istanbul process and exchange best practices and experiences. Finally, she insisted on working preventively to counter incitement to hatred and to provide full protection of the rights of persons belonging to religious minorities.
Gambia on behalf of the Group of African States
The African Group condemned the desecration of Holy books which constitutes incitement to hatred. The delegate called for more effective actions and ways to implement UN resolutions.
Qatar on behalf of the Cooperation Council for the Arab States of the Gulf
The representative expressed the Council’s concerns on the attacks on the rights of individuals belonging to religious minorities and acts of incitement to hatred. She called for the promotion of a culture of dialogue and respect through the strengthening of international cooperation. She emphasised how Islamophobia became a widespread and ever-increasing phenomenon. It can take various forms such as restrictions on Muslims ability to practise their faith or the attacks on religious sites. The delegate particularly denounced the devastating impact these restrictions and incitement to hatred have on Muslim women.
The European Union
The delegate called for stakeholders to step up their efforts to combat religious intolerance. She highlighted that the EU implemented practical actions to counter religious intolerance. The EU funded projects to protect places of worship. It helped create a transnational network of community-based actors working on faith and social inclusion to promote diversity.
Egypt on behalf of the Group of the Arab States
The delegate reiterated that freedom of religion is one of the main human rights. He expressed the importance of respecting religious and cultural diversity to promote interfaith dialogue and rejecting any form of intolerance and hatred. He emphasised that the desecration of the holy Qur’an should be criminalised and classified as incitement to hatred. Finally, the delegate condemned the violations against Palestinians people and religious sites in Gaza and whole Palestine.
Position of Geneva International Centre for Justice:
Geneva International Centre for Justice (GICJ) welcomes the steps taken by the Human Rights Council as well as the OHCHR since last year. Given the increase in frequency and intensity of all forms of religious hatred around the world, GICJ supports the efforts to initiate dialogue with the stakeholders and the persons concerned by those attacks. GICJ reiterates that everyone has the responsibility to exercise their speech in a way that is truthful, respectful and does not provoke hatred and mistrust.
But the problem resides less in individuals expressing their hate, more pertinently it is in political leaders who inspire this hate. In too many cases, political leaders fuel hatred through public channels, sharing to a wide audience false ideas or biased attacks against religions. We, thus, urge States to take the necessary measures to combat religious hatred to promote greater understanding of the need to respect fundamental tenants of religious believers and to foster dialogue to increase tolerance in society. This becomes more and more important as we live in an ever increasingly interconnected world.
Geneva International Centre for Justice believes that the first key to cohesion is understanding. To truly understand we need to listen and learn from each other. What can be perceived as a mere act of freedom of expression by one person can be received as a violent blow by another. We encourage States to prioritise education, youth and intercultural dialogue to foster trust between communities. Social cohesion requires leaders to be good listeners and honest speakers.
#Religious hatred #Freedom of speech #Freedom of expression #Freedom of religion and belief #Qur’an burning #Rabat Plan of Action #GICJ #Geneva International Centre for Justice
HRC 53: Strongly condemning the burning of the Quran and other inflammatory actions
[2]Religious hatred: Türk urges a renewed social contract based on trust and respect | OHCHR
[3] Protecting Minority Rights – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation | OHCHR
[4] OHCHR and the “Faith for Rights” framework
[5] One-pager on “incitement to hatred”
[6] Ibid.
