Tolerance and Non-discrimination
V
iolations of human rights and fundamental freedoms, including the
freedom of thought, conscience,
religion or belief, and manifestations of hate and intolerance threaten stability
and security in the OSCE region. While OSCE
participating States have undertaken numerous
commitments to combat racism, xenophobia,
anti-Semitism, and other forms of intolerance,
including against Muslims, much work remains
to be done to foster democratic and pluralistic societies, where ethnic, cultural, and religious diversity is not only tolerated, but is truly
respected and valued.
Tolerance and non-discrimination have
ranked high among the priorities of the past several OSCE chairmanships. Under Spain’s leadership in 2007, the Chairman-in-Office reappointed his three personal representatives dedicated to particular aspects of tolerance and nondiscrimination. A high-level OSCE Conference
on “Combating Discrimination and Promoting
Mutual Respect and Understanding” was held in
Bucharest, and there was a Chairmanship conference in Cordoba on the issue of intolerance
and discrimination against Muslims. During
the Human Dimension Implementation Meeting (HDIM), a special day on combating intolerance and discrimination and promoting mutual
respect and understanding was held, which
included a forward-looking discussion on the
role of parliamentarians and political leaders in
combating intolerance and hate crime.
The year also saw the adoption of another
Ministerial Council Decision on “Combating
Intolerance and Discrimination and Promoting
Mutual Respect and Understanding”.
Main Issues
kk Hate-motivated crimes and violent manifestations
of intolerance: Hate crimes involve violent expressions of bias; they may take the form of assault,
murder, threats, or property damage, such as
arson, desecration, or vandalism. Responding to
hate crimes is problematic for a number of reasons. To begin with, most states lack accurate
data about the nature and extent of hate crimes,
which means that law enforcement and criminaljustice agencies are not armed with the information needed to combat such crimes. This is often
compounded by the absence of effective legislation on hate crimes, which means that such
cases are not distinguished from other criminal cases that lack bias motivation. Finally, even
where legislation exists, there is often a lack of
knowledge on the part of law enforcement and
prosecuting bodies of techniques to prove bias
motivation.
kk Freedom of religion or belief: Across the OSCE
region, many individuals and communities face
restrictions on their right to freedom of religion
or belief. Problems include infringements of the
right to change, adopt, and renounce a religion
or a belief, as well as limitations to the right to
manifest one’s religion or belief. The latter category includes disruption or prohibition of worship even in private homes, as well as attacks or
restrictions on places of worship. In addition,
registration is often made a requirement for
practising a religion or a belief, this condition
being coupled with unnecessarily burdensome
procedures that are often abused. Censorship of
religious literature and bans on teaching a religion or a belief have also been reported. In some
participating States, those who object to military service on grounds of religion or belief face
restrictions and limitations to this right, which
is punished with imprisonment. Developing
Annual Report 2007
53
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