United Nations
.A153/27 9
General Assembly
Distr.: General
24 August 1 998
English
Original: English/French
Fifty-third session
Item 113 (b) of the provisional agenda*
Human rights questions: human rights questions,
approaches for improving the effective enjoyment
fundamental freedoms
including alternative
of human rights and
Implementation of the Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion
or Belief
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the General
Assembly the interim report on the elimination of all forms of intolerance and of
discrimination based on religion or belief prepared by Mr. Abdelfattah Amor, Special
Rapporteur of the Commission on Human Rights, pursuant to General Assembly resolution
52/1 22 of 12 December 1997.
‘ A/53/150.
98-24734(E) 160998 300998
A/53/279
Interim report on the elimination of all forms of intolerance
and of discrimination based on religion or belief prepared by
the Special Rapporteur of the Commission on Human Rights,
pursuant to General Assembly resolution 52/122
Contents
Paragraphs Pag&
I. Introduction 1—3 3
II. Initiatives of the Special Rapporteur concerning, on the one hand, the identification
of legislation in the field of tolerance and non-discrimination concerning religion
or belief and, on the other, the development of a culture of tolerance
4—15 3
A. Legislation 4—7 3
B. Culture of tolerance 8—15 3
III. In situ visits and follow-up procedure 16—30 5
IV. Report on communications sent by the Special Rapporteur and replies received
from States since the fifty-fourth session of the Commission on Human Rights . . .. 31—83 7
V. Conclusions and recommendations 84—96 13
Annex
Follow-up to the report of the Special Rapporteur on the question of religious intolerance on his
visit to India from 2 to 14 December 1996 addressed to the Indian authorities and reply of the
Indian authorities 1 6
2
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I. Introduction
1. At its forty-second session, the Commission on Human
Rights decided, by resolution 1986/20 of 10 March1986, to
appoint for one year a special rapporteur to examine incidents
and governmental actions in all parts of the world inconsistent
with the provisions of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on
Religion or Belief, and to recommend remedial measures.
2. The mandate of the Special Rapporteur has been
regularly extended, in particular by resolution 1998/18 of the
Commission on Human Rights at its fifty-fourth session. Since
1988, the Special Rapporteur has been submitting annual
progress reports to the Commission on Human Rights
(E/CN.4/1 987/35; E/CN.4/1 988/45 and Add.1;
E/CN.4/1 989/44; E/CN.4/1 990/46; E/CN.4/1 991/56;
E/CN.4/1 992/52; E/CN.4/1 993/62 and Corr.1 and Add.1;
E/CN.4/1 994/79; E/CN.4/1 995/91 and Add.1;
E/CN.4/1996/95 and Add.1 and 2; E/CN.4/1997/91 and
Add.1 ; E/CN.4/1 998/6 and Add. 1 and 2) and, since 1994, to
the General Assembly (A/50/440, A/51/542 and Add.1 and
2, A/52/477 and Add.1).
3. This interim report is submitted pursuant to General
Assembly resolution 52/122 of 12 December 1997.
II. Initiatives of the Special Rapporteur
concerning, on the one hand, the
identification of legislation in the
field of tolerance and non-
discrimination concerning religion
or belief and, on the other, the
development of a culture of tolerance
A. Legislation
4. As he explained in his report on the implementation of
the Declaration on the Elimination of All Fonns of Intolerance
and of Discrimination Based on Religion or Belief
(E/CN.4/1998/6), pursuant to the provisions of the
Declaration, resolutions of the Commission on Human Rights
and of the General Assembly, studies by special rapporteurs
and reports of the Secretary-General in the area of freedom
of religion and of belief, the Special Rapporteur decided to
undertake a new initiative, namely by preparing an
international compendium of constitutional and legislative
provisions concerning religion and belief This compendium
— which would, of course, have to be updated regularly —
would serve as a basic yardstick for a thorough knowledge of
the legal situation of States in the area of religion and belief,
and for preparing in situ visits and even for examining
allegations in the area of tolerance and non-discrimination
based on religion or belief and therefore for the drafting of
communications. It would provide a unique opportunity for
highlighting and understanding the positive contributions of
the bodies of law of the various States, the limitations or
obstacles that they may constitute and of how they evolve over
time.
5. Accordingly, in 1997, the Special Rapporteur wrote to
all States requesting the text of the constitutions in force or
any equivalent instruments, and also legislation and
regulations relating to religious freedom and the practice of
worship.
6. To date he has received information from the following
43 States: Algeria, Armenia, Bangladesh, Bolivia, Cambodia,
Cape Verde, Chile, Cuba, Cyprus, Czech Republic, Denmark,
Djibouti, Dominican Republic, Ecuador, Estonia, Ethiopia,
Finland, France, Indonesia, Israel, Italy, Japan, Jordan,
Kuwait, Malta, Mauritius, Namibia, Pakistan, Poland,
Portugal, Qatar, Republic of Korea, San Marino, Saudi
Arabia, Seychelles, Sudan, Sweden, Switzerland, the former
Yugoslav Republic of Macedonia, United Kingdom of Great
Britain and Northern Ireland, Uruguay, Venezuela,
Yugoslavia.
7. The Special Rapporteur calls on all other States to help
expand the effectiveness of his mandate by sending copies of
their legislation so as to increase understanding of and
familiarity with their legal situation.
B. Culture of tolenince
8. The development of a culture of tolerance depends
essentially on education. Education can be decisive in
inculcating values predicated on human rights and fostering
tolerant, non-discriminatory attitudes and behaviours. The
school, as an essential element in the educational system, may
constitute an essential and preferred vehicle for the
prevention of intolerance and discrimination through the
dissemination of a culture ofhumanrights.
9. Starting with the International Conference on Human
Rights, which was held in Tehran in 1968, in the context of
review of the progress made since the adoption of the
Universal Declaration on Human Rights and the development
of a programme for the friture, States were invited to ensure
that all educational means were used so that youth might grow
up and develop in respect for the dignity of man and equal
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rights. In 1968, the General Assembly also decided to ask
Member States to take steps, where necessary, to introduce
or encourage, depending on the school system of each State,
the principles proclaimed by the Universal Declaration of
Human Rights and other Declarations. In 1978, the United
Nations Educational, Scientific and Cultural Organization
(UNESCO) organized an International Congress on the
Teaching of Human Rights, which was the first meeting of a
wide range of governmental and non-governmental experts
on education. In 1987, a similar congress was organized, in
Malta, by the Centre for Human Rights. Both UNESCO and
the Office of the High Commissioner for Human Rights have
been working since then, by means of various activities, to
disseminate a culture of human rights and hence of tolerance.
It should also be remembered that the General Assembly, in
resolution 49/184 of 23 December 1994, proclaimed the 10-
year period beginning on 1 January 1995 the United Nations
Decade for Human Rights Education. Finally, the Special
Rapporteur notes with interest the projected preparation of
a manual on human rights training for primary and secondary
school teachers by the technical cooperation services of the
Office of the UnitedNations High Commissioner for Human
Rights.
10. In 1994, in resolution 1994/18, paragraph 14, the
Commission on Human Rights encouraged the Special
Rapporteur to examine the contribution that education can
make to the more effective promotion of religious tolerance.
The Special Rapporteur therefore decided to conduct a survey
bymeai s of a questionnaire addressed to States, on problems
relating to freedom of religion and belief from the standpoint
of the curricula and textbooks of primary or elementary and
secondary educational institutions. The results of such a
survey could help to shape an international educational
strategy centred on the definition and implementation of a
common minimum curriculum of tolerance and non-
discrimination, for combating all forms of intolerance and
discrimination based on religion or belief
11. The Special Rapporteur received answers from the
following 77 States: Algeria, Andorra, Armenia, Austria,
Bahrath, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria,
Burkina Faso, Chile, China, Colombia, Côte d'Ivoire, Croatia,
Cuba, Cyprus, Denmark, Djibouti, Ecuador, Egypt, France,
Germany, Guatemala, Holy See, Honduras, Iceland, India,
Indonesia, Iraq, Israel, Italy, Kyrgyzstan, Latvia, Lesotho,
Liechtenstein, Luxembourg, Mali, Marshall Islands,
Mauritius, Mexico, Morocco, Namibia, Nauru, Netherlands,
New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan,
Paraguay, Philippines, Portugal, Republic of Korea, Romania,
Saint Lucia, San Marino, Senegal, Singapore, Slovakia,
Spain, Sweden, Switzerland, Thailand, the former Yugoslav
Republic of Macedonia, Tunisia, Turkey, Uganda, Ukraine,
United Kingdom of Great Britain and Northern Ireland,
United States of America, Uruguay, Venezuela, Viet Nam,
Yugoslavia and Zambia.
12. As indicated in the previous report (E/CN.4/1 998/6),
the Special Rapporteur has formulated some preliminary
observations; however, they must be frirther polished in the
context of the finalization of the analysis of the replies to the
questionnaire and also lead to the preparation of a series of
conclusions and recommendations to be used in shaping an
international educational strategy for combating all forms of
intolerance and discrimination based on religion and belief
In this connection, as the Special Rapporteur has pointed out
inhis reports to the General Assembly and the Commission
on Human Rights, it is essential that a minimum of resources
be made available for the mandate so that its essential
activities, including the analysis of the results of his survey
maybe completed on time, with due seriousness and rigour.
At its most recent session the Commission on Human Rights
in resolution 1998/18 urged States to promote and encourage
through the educational system, and by other means,
understanding, tolerance and respect in matters relating to
freedom of religion or belief To that end States must have,
as a matter of urgency, in the field of education the results of
the survey conducted by the Special Rapporteur to which they
have contributed.
13. The Special Rapporteur also wishes to point out that
this initiative is completely consistent with resolution
1998/74 of the Commission on Human Rights entitled
“Human rights and thematic procedures”, particularly with
paragraphS thereof whereby the Commission requested the
thematic special rapporteurs to make recommendations for
the prevention of human rights violations.
14. The Special Rapporteur notes with satisfaction
resolution 1998/21 of the Commission on Human Rights
entitled, “Tolerance and pluralism as indivisible elements in
the promotion and protection of human rights” whereby the
Commission, recognizing that promoting a culture of
tolerance through human rights education was an objective
that must be advanced in all States, and that the Office of the
High Commissioner for HumanRights and mechathsms of the
United Nations human rights system had an important role to
play in that regard, reiterated the obligation of all States and
the international community to promote a culture conducive
to promoting and protecting human rights, fundamental
freedoms and tolerance, inter alia, through education leading
to genuine pluralism, a positive acceptance of diversity of
opinion and belief and respect for the dignity of the human
person.
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15. Finally, the Special Rapporteur hopes to cooperate with
the Special Rapporteur on the right to education, whose
mandate has just been established by the Commission in
resolution 1998/33. The Special Rapporteur notes with
interest this new mandate, which covers, in particular, gender
considerations, in particular the situation and needs of the girl
child, and promotion of the elimination of all forms of
discrimination in education.
III. In situ visits and follow-up
procedure
16. Within the context of resolution 1998/18 of the
Commission on Human Rights which calls upon all
Governments to cooperate with the Special Rapporteur on
religious intolerance and to give serious consideration to
inviting the Special Rapporteur to visit their countries so as
to enable him to fulfil his mandate more effectively, and in
accordance with similar provisions of the previous resolutions
of the Commission on Human Rights and of the General
Assembly, the Special Rapporteur focused his efforts
particularly on in situ visits and follow-up.
17. The Special Rapporteur wishes to recall that in situ
visits and follow-up constitute an instrument for dialogue and
understanding. They allow for on-the-spot examination not
only of incidents and governmental actions which are
inconsistent with the provisions of the 1981 Declaration on
the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief and formulation
of recommendations for remedial measures, but also of State
contributions to the promotion, protection and development
of freedom of religion and belief
18. These in situ visits are addressed not only to
Government officials but also to the various actors in society
(non-governmental organizations, religious groups and so
forth), for, as is correctly pointed out in resolution 1998/18
of the Commission, “the exercise of tolerance and non-
discrimination by all actors in society is necessary for the frill
realization of the aims of the Declaration”.
19. In situ visits also represent an opportunity for reciprocal
enrichment. On the one hand, the Special Rapporteur helps
Governments to understand more frilly their obligations with
respect to the implementation of the 1981 Declaration and of
article 18 of the International Covenant on Civil and Political
Rights. On the other, he gains a better grasp of complex
situations in the area of religion and belief and/or related
areas, as well as information on experiences and positive
initiatives with regard to tolerance and non-discrimination on
grounds of religion or belief
20. Moreover, these visits are necessary for enabling the
Special Rapporteur to carry out his mandate effectively,
insofar as they ensure the balance that is essential to any
examination of situations and cases. While communications,
which are a basic tool for carrying out the mandate, focus on
cases or situations of intolerance and discrimination, visits
enable the Special Rapporteur:
(a) To understand their general context (namely, their
economic, social, cultural, civil and political environment)
and, accordingly, their degree of severity and the factors
explaining them;
(b) To conduct an in-depth analysis of the facts that
avoids oversimplification and seeks instead a complexity that
associates both the positive and the negative at various levels
and according to highly diversified temporal and spatial
developments.
21. These visits and the recommendations formulated by
the Special Rapporteur, as well as their follow-up, also enable
the Special Rapporteur to move beyond a “managerial” role
in relation to cases and situations of intolerance and
discrimination, in the context of which the communications
sent usually represent interventions a posteriori (with the
exception of urgent appeals, which sometimes result in
preventive action, though only in a very limited number of
cases each year, for specific cases rather than situations, and
on an emergency rather than long-term basis). Visits enable
the Special Rapporteur to play a preventive and participatory
role in the medium and long tenn, in the process of following
up the action envisaged or taken by Governments to
implement the Special Rapporteur's recommendations.
22. Since taking up his duties, the Special Rapporteur has
made in situ visits to the following countries:
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Country
P&hod
R&port
China
November 1994
E/CN.4/1995/91
Pakistan
June 1995
E/CN.4/1 996/95/Add. 1
Iran (Islamic
December 1995
E/CN.4/1 996/95/Add.2
Republic of)
Greece
June 1996
A/51/542/Add. 1
Sudan
September 1996
A/ 51/ 542/Add.2
India
December 1996
E/CN.4/1 997/91/Add. 1
Australia
February-March 1997
E/CN.4/1 998/6/Add. 1
Germany
September 1997
E/CN.4/1 998/6/Add.2
United States
January-February
Report to be submitted at
ofAmerica
1998
next session of the
ConrnissiononHumanRights
23. With respect to requests for visits, at the last session of
the Commission on Human Rights, the Special Rapporteur
aimouncedthat VietNam had agreed in principle to an in situ
visit. That agreement, which responded to a request sent in
1995, was formalized on 17 April 1998. The Special
Rapporteur is to carry out this mission during the second half
of October 1998.
24. However, the Special Rapporteur regrets that the
following States have not answered his requests for visits:
Country
Dat&ofr&qu&st
R&nnnd&rs
Turkey
1995
X
Indonesia
1996
X
Mauritius
1996
Israel
1997
Russian Federation
1998
25. As shownbythis table, the earliest request, in respect
of which reminders have been sent and which remains a
priority for the Special Rapporteur, relates to Turkey
Reiterating his desire for cooperation and dialogue, the
Special Rapporteur calls upon the Turkish authorities to
extend their cooperation so as to make this in situ visit
possible and thus enable the Special Rapporteur to carry out
his mandate in frill. The collaboration of Indonesia, Mauritius,
Israel and the Russian Federation is also strongly encouraged.
26. The Special Rappo lteur wishes to stress that the choice
of countries to visit may be made in various ways: at the
initiative of the Special Rapporteur, of the Commission on
Human Rights and 7 or the General Assembly or of States. The
initiatives of the Special Rapporteur are based on a wide
variety of factors, such as the existence of communications
and/or petitions, which often reveal situations in the area of
freedom of religion and belief that go beyond specific,
isolated cases; specific experiences with regard to tolerance
and non-discrimination on the grounds of religion and belief;
and the need to ensure balance by taking into account the
geographical, political, economic, social, cultural and
religious situation of each country visited. The Special
Rappo lteur is convinced that the credibility and effectiveness
of a thematic mandate under the special procedures is closely
linked to the absence of selectivity or double standards.
Accordingly, no State, regardless of its position in the
international community, can be exempt from a potential visit
by the Special Rapporteur. Moreover, it seems evident that
no State can lay claim to perfection, since manifestations of
intolerance and discrimination based on religion or belief
have arisen in all countries, albeit to different degrees.
27. The preparation and conduct of in situ visits are the
responsibility of the Special Rapporteur, who is assisted, in
his decisions and instructions, by the Office of the United
Nations High Commissioner for Human Rights and by United
Nations agencies, particularly the United Nations
Development Programme (TJNDP), and United Nations
information centres. These duties also include a process of
negotiation and collaboration with the authorities of the
country concerned. The process as a whole requires not only
mutual respect and reciprocal efforts towards understanding,
but also absolute independence on the part of the special
rapporteurs in relation to all parties concerned.
28. The procedure for visit follow-up consists of preparing
follow-up tables and asking States which have received an in
situ visit to send their comments and any information on
actions taken or envisaged by the authorities concerned to
implementthe recommendations made in the mission reports.
The Special Rapporteur has received very satisfactory
cooperation in this regard, as shown by the table below:
Country
Dat& oJsubm ss onoffoIIow-up
tab l&
R &p ly
China
1996; A/51/542
1996; A/51/542
Pakistan
1996; A/51/542
1997; A/52/477/ Add.1
Iran (Islamic
Republic oO
1996; A/S 1/ 542
No formal reply
Greece
1997; A/52/477/Add. 1
1997; E/CN.4/1998/6
Sudan
1997; A/52/477/Add. 1
1997; A/52/477/ Add. 1
India
1997; A/52/477/Add.1
1998; annex to the
present report
29. The Special Rapporteur would like to thank the above-
mentioned States not only for their cooperation in connection
with in situ visits, but also for taking a constructive approach
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through their commitment to the mission follow-up
procedure. With respect to the Islamic Republic of Iran, the
Special Rapporteur has benefited from an ongoing dialogue
with the Permanent Mission in Geneva, but hopes that this
collaboration will lead to a formal reply from the Iranian
authorities.
30. In relation to his mandate and to the States that have not
yet answered his requests for visits and for implementation
of the follow-up procedure, the Special Rapporteur notes with
satisfaction Commission on Human Rights resolution
1998/74, and particularly its paragraphs 2, 3 and 5, in which
the Commission encouraged all Governments to cooperate
with the Commission through the pertinent thematic
procedures by considering inviting thematic special
rapporteurs, representatives, experts and working groups to
visit their countries, upon request, and considering follow-up
visits with a view to the effective implementation of
recommendations by the thematic procedures concerned;
invited the Governments concerned to study carefully the
recommendations addressed to them under thematic
procedures and to keep the relevant mechanisms informed
without undue delay on the progress made towards their
implementation; and requested the thematic special
rapporteurs, representatives, experts and working groups to
include in their reports thfonnation provided by Governments
on follow-up action, as well as their own observations
thereon, including in regard to both problems and
improvements, as appropriate.
11/. Report on communications sent by
the Special Rapporteur and replies
received from States since the fifty-
fourth session of the Commission on
Human Rights
31. This report relates to communications sent since the
fifty-fourth session of the Commission on Human Rights, the
replies or absence of replies from the States concerned, and
late replies.
32. First, however, the Special Rapporteur wishes to make
the following observations:
(a) Since 1995, as a result of the budgetary
constraints affecting the United Nations, the reports of the
special rapporteurs have been limited to 32 pages. These
budgetary constraints have direct political repercussions on
human rights mechathsms. The Special Rapporteur is unable
not only to publish his communications and the replies
received from States, but also to perform the necessary task
of carrying out genuine analyses that cannot be reduced to
brief theoretical and academic overviews or to reports written
intelegraphic style. It must be acknowledged that there is a
real contradiction between the resources available to the
special rapporteurs and the many requests addressed to them
by States through the resolutions of the Commission on
Human Rights, particularly resolution 1998/18 on religious
intolerance and resolution 1998/74 on thematic procedures
(namely, to examine incidents and governmental actions that
are incompatible with the provisions of the 1981 Declaration
and to recommend remedial measures; to apply a gender
perspective; to conduct in situ visits and prepare mission
reports; to make recommendations for the prevention of
human rights violations; to follow closely and reflect in their
reports progress made by Governments in the investigations
carried out within their respective mandates; to include in
their reports infonnation provided by Governments on follow-
up action, as well as their own observations thereon, in regard
to both problems and improvements; to include in their
reports comments on problems of responsiveness and the
result of analyses, in order to carry out their mandates even
more effectively, and to include also in their reports
suggestions as to areas where Governments might request
relevant assistance through the programme of advisory
services);
(b) The communications sent by the Special
Rapporteur do not cover all the incidents and governmental
actions in the world that are incompatible with the 1981
Declaration. The fact that only a few States are covered in this
report does not mean that other States are problem-free.
Moreover, the length of a communication and 7 or the existence
of several communications for a single State do not indicate
the seriousness of the intolerance and discrimination in
question. Likewise, while each communication refers to a
given type of intolerance and discrimination, this does not
mean that other types of violations do not occur in the same
State. The communications concern cases or situations of
intolerance and discrimination, but it must be borne in mind
that (i) cases may represent either completely isolated
manifestations which are exceptional and do not reveal an
overall positive situation, or manifestations that do reveal an
overall situation of intolerance and discrimination; and (ii)
situations may affect freedom of religion and belief, certain
dimensions of these freedoms or certain communities in the
area of religion and belief
33. Lastly, as the communications do not cover all religions
and beliefs, the frequency with which certain religions and
beliefs are refened to in the communications does not indicate
their general situation in the world.
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34. The Special Rapporteur believes that a report
systematically covering all States and all religions and beliefs
would remedy the above-mentioned gaps and weaknesses.
Such a report should contain an analysis on each State to
ensure that the economic, social, cultural, civil and political
context is taken into account in the examination of cases and
situations of intolerance and discrimination. The report would
require a minimum level of resources which the United
Nations appears to lack: essentially, human and financial
resources. Lastly, with respect to sources of information,
while remaining constantly vigilant with regard to the
reliability and credibility of his sources, the Special
Rapporteur believes that sources of infonnation in developing
countries should be strengthened to ensure that all victims of
human rights violations and defenders of human rights have
access to the mechanisms of the special procedures and to
information, particularly through modern communications
technologies (fax, Internet, etc.).
35. Thus, the Special Rapporteur's report should be read
solely inthe limited context of his mandate and activities and
in relation to the parameters described above.
36. Since the fifty-fourth session of the Commission on
Human Rights, the Special Rapporteur has sent 50
communications (including three urgent appeals to the Islamic
Republic of Iran and the Sudan) to 42 States: Afghanistan (2),
Albatha, Angola, Azerbaijan, Bangladesh, Belarus, Belgium,
Bhutan, Bulgaria, China, Cyprus, Democratic People's
Republic of Korea, Egypt, Eritrea, Georgia, Ghana, Greece,
India (2), Indonesia (2), Iran (Islamic Republic oD (4), Iraq,
Kazakhstan, Lao People's Democratic Republic, Latvia,
Malaysia, Mauritania, Mexico, Moldavia, Morocco,
Myanmar, Pakistan, Romania, Russian Federation, Saudi
Arabia, Spain, Sri Lanka, Sudan (2), Turkey, Turkmenistan,
Ukraine, United Kingdom and Uzbekistan (2).
37. With respect to the replies received from States, it
should be noted that, as at the date of finalization of the
report, the deadline for replying had not yet expired for the
communications sent to the following 18 States: Afghanistan,
Albania, Bangladesh, Belarus, Belgium, China, Georgia,
Ghana, India, Indonesia, Iran (Islamic Republic oD, Iraq,
Kazakhstan, Moldavia, Morocco, Saudi Arabia, Spain and
Uzbekistan.
38. The 29 States for which the deadline for reply has
expired are Afghanistan, Angola, Azerbaijan, Bhutan,
Bulgaria, Cyprus, the Democratic People's Republic of
Korea, Egypt, Eritrea, Greece, India, Indonesia, Iran (Islamic
Republic oD (3 reminders including 2 urgent appeals), the
Lao People's Democratic Republic, Latvia, Malaysia,
Mauritania, Mexico, Myamnar, Pakistan, Romatha, the Sudan
(2 reminders, including 1 urgent appeal), the Russian
Federation, Sri Lanka, Turkey, Turkmenistan, Ukraine, the
United Kingdom and Uzbekistan. Of those States, 5 have
replied: Bhutan, Eritrea, Myanmar, the United Kingdom and
Uzbekistan.
39. This year, the Special Rapporteur decided to provide
a short summary of each communication examined, together
with anyreplies received from States; he is, however, aware
of the reductionist effect of this method.
40. In the case of Afghanistan, the communications
concerned the veritable apartheid directed against women by
the Taliban on the basis of their particular interpretation of
Islam: women are excluded from society, employment and
schools, required to wear a burqa in public and forbidden to
travel with any man other than a family member.
41. In the Province of Cabinda, Angola, the Angolan army
reportedly massacred 21 Christians, including one deacon.
42. InAzerbaijan, Jehovah's Witnesses and other religious
communities were reportedly subjected to acts of intolerance
whereby they were forced to pay bribes to the officials
responsible for the registration procedure. One pastor, a
Muslim convert to Christianity, was allegedly imprisoned on
two occasions in 1997.
43. In Bhutan, Buddhism is said to enjoy preferential
status. In the schools, the practice of this religion is reportedly
compulsory for all, on pain of sanctions. Furthermore, several
Buddhist monks and professors of religion were reportedly
arrested in 1997 for having participated in peacefril
demonstrations. Monasteries believed to be associated with
these demonstrations are said to have been closed by the
authorities.
44. The Government of Bhutan transmitted detailed
thfonnation on the current and historical situation of religions
in that country and explained that while there were two
primary recognized religions, Buddhism and Hinduism,
Bhutanese were free to practice and profess the religion of
their choice. It noted that proselytism in public was subject
to restrictions under a National Assembly resolution of 1974.
It also explained that religious instruction and practice were
not part of the curriculum except in monastic schools, and that
a prayer to the Goddess of Wisdom, who is common to both
Buddhism and Hinduism, was recited each morning in all
schools and that evening prayers were recited in boarding
schools at the secondary level. The Government stated that
these prayers had not posed any problem. The Bhutanese
authorities stated:
“Allegations of arrests of monks and religious
teachers have been made in the context of allegations
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of discrimination by the Royal Government against the
Nyingmpa school of Buddhism in favour of the Drukpa
Kargyupa school. This allegation is totally absurd as no
difference of treatment exists between the two schools,
which are well-integrated and coexist in total harmony
150 persons were arrested in eastern Bhutan in 1997
for their involvement in disturbance of public peace and
attempts to incite communal discord. On the basis of
the investigations carried out by the police, 38 persons
were released immediately and 112 were charge-
sheeted in a court of law for collaborating with
subversive elements in Nepal, accepting money from
them and carrying out activities such as organizing mob
demonstrations by enticing innocent villagers with
money and trying to incite sectarian violence. On the
day slated for the demonstrations in October 1997, a
conflict emerged between the above persons and the
villagers, who were against the attempts to incite
communal violence. As a result, most of the 150
persons were apprehended by the local people and
handed over to the Royal Bhutan police. It may be
pointed out that one Thinley Yoezer of the Drametse
Buddhist school was the main person responsible for
inciting and instigating violence among people in
eastern Bhutan. It was on his directives that many active
collaborators spread false and malicious allegations
against the Royal Government, conducted several
meetings and plotted to take up seditious activities in
eastern Bhutan. To finance those activities, Thinley
Yoezer received a total of Nu 125,000 and a large
amount of seditious literature from subversive elements
in Nepal.”
The authorities frwther explained that a monastery, as was the
case with any place of worship, could not be closed; and that
several recently established religious schools had been closed
following an inspection which had revealed that the
curriculum, teachers and premises of these establishments did
not meet mithmum standards, but that they could reopen once
those standards had been met.
45. In Bulgaria, a climate of intolerance in the media and
society reportedly affected minorities in the areas of religion
and belief (Muslims, Jehovah's Witnesses, Church of God,
Emmanuel Bible Center).
46. In Cyprus, in the territories controlled by the Turkish
army, a policy of religious intolerance and discrimination is
said to affect non-Muslims and their religious property (over
500 places of worship and cemeteries have been destroyed
or desecrated; for example, the Armenian monastery of Saint
Makar has been converted into a hotel).
47. In Egypt, Professor Hassan Hanafi is said to have been
denounced as an apostate by the Al-Azhar scholars because
of his interpretation of Islam.
48. InEritrea, the authorities allegedly plan to implement
a declaration which would impose drastic restrictions on
religious communities by prohibiting them from engaging in
any activities other than religious services. As a result,
religious properties such as schools and clinics could be
officially confiscated.
49. The Government of Eritrea replied that its legislation
was in conformity with the 1981 Declaration on the
Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief In order to remedy past
situations characterized by the delivery of health- and
education-related services on the basis of religious
preference, since independence, the Government, after
consulting with religious institutions and in cooperation with
the World Bank, had decided to establish a programme
entitled “The Community Rehabilitation Fund” which would
make the above-mentioned services available to all. It had
been agreed that religious institutions would focus their
activities on proselytism, seminaries and charitable work and
that they would contribute to the Community Rehabilitation
Fund. Furthennore, the administration of schools and clinics
associated with religious institutions would be secularized
although the existing staff would be retained. It was made
clear that this would not involve any confiscation of property
50. In the Kursk region of the Russian Federation, a
Jehovah's Witness is reported to have been sentenced to
prison for refrising to perform military service. A court
allegedly declared that he belonged to a sect and could not,
therefore, appeal on the basis of religion. Furthermore, under
the 1997 Act on freedom of religion and of belief, members
of communities which have had no official existence in the
Russian Federation during the past 15 years are prohibited
from any proselytizing activities.
51. In Greece, a professor was reportedly arrested for
having made several references to Buddhism while teaching
Gennan at a private school. A pastor in the Greek Evangelical
Church of Thessalonika is also said to have been arrested for
failure to possess an official house of prayer licence.
52. InUttarPradesh, India, members ofanationalistHindu
organization reportedly carried out a harassment campaign
against the Assembly of Church of Believers.
53. In lndonesia, a Muslim cleric was reportedly arrested
inNorth Aceh Province because he had not recited the Friday
prayer as required by an agreement concluded between the
Government and the religious authorities of the mosque. In
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February 1998, riots involving attacks on individuals, places
of worship and private property allegedly targeted non-
Muslims and, in particular, Christians.
54. In the Islamic Republic of Iran, there was a first
urgent appeal in the case of three Baha'is: Ata'ullah Hamid
Nasirizadih, Sirus Dhabihi-Muqaddam and Hidayat-Kashifi
Najafabadi, who are said to have been secretly sentenced to
death because of their religious beliefs and to be at risk of
being executed. A second urgent appeal concerned reports
that a Baha'i, R. Rawahani, had been hanged for having
converted a Muslim although the woman in question had
allegedly stated that she was, in fact, a Baha'i. This appeal
also mentioned a high official of the Islamic Revolutionary
Tribunal who had reportedly denied that this execution had
taken place, noting that the Iranian courts had not handed
down any such sentence. Another communication alleged that
there was a policy of intolerance and discrimination against
the Sunth community involving obstacles to the construction
of mosques and schools, the closing of mosques and the
execution or murder of Sunni religious officials and
intellectuals.
55. In Latvia, the only synagogue in the capital city was
reportedly bombed. Although the authorities reportedly
condemned the act, the police investigation has yet to come
up with anything.
56. Inthe Democratic People's Republic of Korea, the
authorities are reported to discourage all religious activities
except those which serve State interests.
57. In the Lao People's Democratic Republic, Christians
are said to have been arrested during a Bible study meeting.
Some of them are said to have been convicted of “creating
divisions and undermining the Government” and receiving
funds from abroad. In the Huei Sai province, a priest was
reportedly arrested for proselytizing without official
authorization. In Xiengkhouang, a soldier was allegedly
arrested for having converted to Christianity and having ties
with the American Presbyterian Church.
58. In Malaysia, individuals have reportedly been arrested
for preaching Shiite teachings which the authorities consider
a threat to national security and to Islam. A Muslim woman
who had converted to Christianity, the religion of the person
whom she loved, is said to have been subjected to acts of
intolerance by her family, Muslim organizations and the
police. This situation has allegedly compelled the couple to
live in hiding.
59. In Mauritania, conversion of a Muslim to another
religion is reportedly an offence punishable by death under
the Criminal Code.
60. In Chiapas, Mexico, evangelical protestants are
reportedly subjected to acts of intolerance by Catholics and
indigenous communities.
61. In Myanmar, the State is said to practice a policy of
intolerance and discrimination against religious minorities:
Muslims in the states of Arakan and Karen (destruction of
mosques and schools, revocation of citizenship, admission
of refugees along the border with Thailand in exchange for
their conversion to Buddhism, denial of access to health care,
education and civil service employment), and Christians in
the states of Chin and Karen and in the Sagaing Division
(destruction of churches, conversion of children to
Buddhism). Buddhist clergy are also reportedly obliged to
submit to Government monitoring.
62. Myanmar stated, without explanation, that the
allegations of intolerance and discrimination against religious
minorities were baseless and totally false. It would have been
better if Myamnar's response had been supported by
appropriate evidence, particularly since the allegations are
based on consistent, repeated information from more than one
source.
63. In the city of Nukus, Uzbekistan, a pastor who had
proselytized among Muslims has reportedly been sentenced
to two years at forced labour and “internal exile” for
conducting “illegal church services”. Generally speaking, the
authorities are said to have ordered Christian leaders to cease
all religious activity, including proselytism, except in
churches.
64. Uzbekistan replied that its legislation and the
implementation thereof guaranteed freedom of religion and
of belief and that the authorities had no record of the arrest
and conviction of a pastor in the town of Nukus. The
authorities promised to cooperate fully in further
investigations, an offer which is appreciated.
65. In Pakistan, Ahmadis are reported to have been
sentenced to life imprisonment for blasphemy because they
had preached their faith, an act which Muslims reportedly saw
as an attack on their religious beliefs. Militant Muslims are
alleged to have murdered Judge Ariflqbal Bhatti because he
had acquitted Christians accused of blasphemy Bishop John
Joseph is said to have committed suicide in order to protest
the sentencing to death of a Christian accused of blasphemy
Muslim extremists have reportedly committed acts of
intolerance against the Christian community, calling for
retention of the blasphemy acts.
66. In Romania, the issue of restitution of religious
property confiscated under the former regime has reportedly
led to conflicts between religious communities and, in
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particular, between the Orthodox and Greek Catholic
Churches.
67. In the United Kingdom, the Runnymede Commission
on British Muslims and Islamophobia has reportedly called
for an end to all prejudice against Muslims in the media and
the workplace and for the granting of Government subsidies
for Muslim schools.
68. The Government noted that the United Kingdom, unlike
Northern Ireland, had no legislation on religious
discrimination. It emphasized that it was dealing with the
matter andthatwith the agreement of Cabinet colleagues, the
Home Secretary had decided that the Home Office would
commission research into the nature and extent of religious
discrimination in Great Britain. After 18 months, a decision
on appropriate action would be taken on the basis of the
studies carried out:
“The Home Secretary responded positively to the report
of the Runnymede Commission on British Muslims and
Islamophobia. The Government is cunently considering
the report, which raises a number of wide-ranging
issues. Regarding State funding for Muslim schools,
under the 1996 Education Act, it is open to independent
promoters, including existing independent schools, to
seek approval from the Government for the
establishment of new voluntary-aided schools. All
proposals are judged on their individual merits, taking
into account educational needs and parental demand.”
The Government also stated that in January 1998, it had
approved the granting of State subsidies for two proposed
independent Muslim schools in London and Birmingham.
69. In the Sudan, an urgent appeal was received concerning
the arrest and disappearance of Nasir Hassan, a student at
Bishop Gwynne Theological College in Juba, for having
converted from Islam to Christiathty Another communication
alleged that the Catholic Club in Khartoum had been closed
by decree, despite the protests of the Catholic Church.
70. In Sri Lanka, Catholic, Protestant and Hindu places
of worship are reportedly the primary targets of violence.
71. In Turkey, religious leaders and property (churches,
cemeteries) of Christian communities, particularly those of
the Greek Catholic Church, are said to be the targets of acts
of violence, including bombings (including that of the
Ecumenical Patriarchate headquarters) and the murder of a
priest. The police and security services have reportedly failed
to identi ' and arrest the persons responsible for those acts.
Furthermore, the authorities are reported to have closed a
Pentecostal church despite official authorization for its
existence.
72. In Turkmenistan, with the exception of the Russian
Orthodox Church, those espousing minority religions and
beliefs are said to be subjected to acts of intolerance and
discrimination.
73. In Ukraine, in the town of Sebastopol, difficulties are
reported to have arisen over the restitution of a Catholic place
of worship confiscated under the previous regime.
74. An analysis of communications in the light of the
principles, rights and freedoms enunciated in the 1981
Declaration gives rise to the following categories of
violations:
(a) Violations of the principle of non-discrimination
inthe matters of religion and belief policies, legislation and
regulations, practices and acts that discriminate against the
religion and beliefs of certain communities, especially when
such communities are minorities or are not part of the official
religion or recognized religions and beliefs, and
discrimination against women based on interpretations of
religion and on traditions that claim to be based on religion
and belief;
(b) Violations of the principle of tolerance in matters
of religion and belief policies, practices and acts of religious
intolerance on the part of the State and society, particularly
communities, political, religious and other non-State groups
most clearly seen in the problem of religious extremism
(between faiths and within branches of the same faith);
(c) Violations of freedom of thought, conscience and
religion or belief policies, laws andregulations, practices and
acts that are at variance with the principle of conscientious
objection and the freedom to change and keep one's religion
or belief;
(d) Violations of the freedom to manifest one's
religion or belief policies, laws andregulations, practices and
acts that have the effect of controlling, interfering with,
baiming and improperly restricting the freedom to manifest
one's religion or belief;
(e) Violations of the freedom to dispose of religious
property: policies, practices and acts that violate the freedom
to dispose of religious property characterized by the refusal
to release confiscated religious property; refusal to provide
access to places of worship (not permitting the construction
and renting of premises); the closing of, attacks on, and
destruction of places of worship and religious schools and
cemeteries;
(D Violations of the right to life, physical integrity
and health of individuals (clergy and believers): policies,
practices and acts taking the form of threats, mistreatment,
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arrests and detention, forced disappearances and even
executions and assassinations;
(g) Violations of women's rights: this category
encompasses the first six categories of violations. The most
tragic example concerns the veritable policies of apartheid
put in place by the Taliban in Afghanistan against women by
virtue of their status as women and based on the Taliban's
particular interpretation of Islam. Under this obscurantist
policy, which is the result of religious extremism that
combines religion and politics in the exercise of power,
women are excluded from society considered as non-citizens
and as having no rights and forced to submit to all-powerful
men in the name of God.
75. Replies were received from the following States after
the report to the fifty-fourth session of the Commission on
Human Rights was completed: Austria, Brunei Daruss alam,
Egypt, the Gambia, India and Kuwait.
76. The Government of Austria explained that
“men liable for military service have at least six months
after induction to consider their position. Even after the
six months have expired, they can still opt for civilian
service up to two days before receiving their call-up
orders. Consequently, this regime provides the largest
possible scope for a conscript to be able to assess
possible moral implications of service in the military,
including after induction. Moreover, conscripts have
the right to be informed in writing, namely in the
Certificate of Fitness for Service which they receive
after induction, how soon they are likely to be called
up.
The Government explained that the duration of civilian
service was not punitive in character since those performing
such service enjoyed considerable advantages, compared with
soldiers, in terms of less discipline and the option to choose
from a wide range of social and health services.
77. The GovernmentofBruneiDarussalam explainedthat
the admission of foreign clergy into the country was governed
by immigration laws and regulations, and not by religious
considerations. Moreover, there were enough places of
worship for non-Muslims, and private and public schools
were open to people of all faiths.
“The national school curriculum is laid down by
the Ministry of Education in accordance with the
national interests of Brunei Darussalam to advance its
national development in a manner that will reflect the
prominence of its religion, culture, society and political
system.”
78. The Government of Egypt replied that the case of
Mohammed Wagdi Durra was not related to a change of
religion, which is not considered a crime, but to the disrespect
of a religion and attacking a security officer in the
performance of his duties, which were. A report prepared by
the New York Council of Churches on relations between
Muslims and Christians was also transmitted to the Special
Rapporteur. It demonstrates the efforts being made by the
Egyptian authorities to develop tolerance and religious
freedom.
79. The Government of the Gambia explained in a detailed
report that the State was a secular State and that its legislation
guaranteed freedom of belief and worship. It stressed that the
Ahmadis were guaranteed the enjoyment of such freedoms.
The statement made by an imam against the Ahmadis at the
Friday prayer in no way reflected the Government's views and
policy The Governmentwelcomed the Ahmadis' contribution
to the country's socio-economic development.
80. The Government of India stated that the case against
a Bombay female teacher accused of converting a pupil to
Christianity was dismissed after the matter had been
investigated. It added that there had been no attacks by Hindu
extremists against the Catholic school where the woman
taught. Concerning the clashes between Christians and
Hindus in Bombay, the police had made arrests, although no
charges had been made for forced conversions to Christianity
It had, however, been alleged that financial assistance had
been given to destitute Hindus in order to influence their
conversion to Christianity
81. The Government ofKuwait recalled that its legislation
condemned intolerance and discrimination based on religion
and belief and considered such practices crimes. It noted that
non-Muslims could freely practice their religion in their
places of worship (there were six churches for 150,000
Christiai s). As to the allegation that Muslims were forbidden
to embrace another religion, the Government recalled that
freedom of thought was guaranteed in Kuwait. The Permanent
Mission of Kuwait to the United Nations Office at Geneva had
provided the Special Rapporteur with detailed and useful
thfonnation on Kuwait's policies and legislation with respect
to religion and beliefs.
82. With regard to paragraph 94 of the Special
Rapporteur's previous report (E/CN. 4/1986/6), in which he
had noted Singapore's failure to reply to a communication
addressed to it, a conection should be inserted and a reference
made to the communication from Singapore on Jehovah's
Witnesses, as reflected in paragraph 87 of the same report.
83. The Special Rapporteur has still not received replies
from the following 27 States to the communications addressed
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to them in connection with the fifty-fourth session of the
Commission on Human Rights: Afghathstan, Albatha, Angola,
Azerbaijan, Bosnia and Herzegovina, Comoros, Gabon,
Georgia, Iran (Islamic Republic oD, Latvia, Mauritania,
Mongolia, Mozambique, Myanmar, Nepal, Nicaragua,
Nigeria, Pakistan, Portugal, Qatar, Russian Federation,
Somalia, Sudan, United Arab Emirates, Uzbekistan, Yemen
and Yugoslavia.
V. Conclusions and recommendations
84. It must be recognized that, as the communications of
the Special Rapporteur indicate, manifestations of intolerance
and discrimination based on religion and belief, including
violent manifestations, continue to occur throughout the
world.
85. However, the Special Rapporteur has observed, through
the various categories of violations developed in the course
of the analysis, the following trends in matters of religion and
belief:
(a) State policies against religion and policies
designed to control religious matters in the name of a political
ideology have declined, even though, on the one hand, such
phenomena do persist in several countries and, on the other,
problems arising from such policies, including the restitution
of religious property confiscated under previous regimes, still
persist in others;
(b) State policies against minorities in matters of
religion and belief, especially against non-recognized
communities such as sects or new religious movements, are
on the rise;
(c) More and more policies and practices of
intolerance and discrimination in the field of religion and
belief are being implemented by non-State entities. On the
one hand there are the religious communities, which operate
on two levels — between communities and within
communities. The representatives of such communities and
their followers first turn on members of their own faith, within
the same branch or in a different branch; this is illustrated by
the status of women as reflected in the sixth category of
violations and the status of converts as reflected in the third
category of violations. These representatives and their
followers then mobilize against communities of different
faiths. The second category of non-State actors, that
sometimes overlaps with the first category, concerns political-
cum-religious parties or movements such as the Taliban.
These two categories raise the issue of the relationship
betweenpolitics and religion, and the use of these to foment
intolerance and discrimination, culminating in religious
extremism;
(d) Policies and practices that discriminate against
women, because of their status which is determined by men's
interpretation of religion and religious traditions, have
increased. It should be stressed that this trend affects all
religions and beliefs and occurs in one form or another
throughout the world.
86. Concerning these trends, and bearing in mind
Commission on Human Rights resolutions 1998/18 on the
Implementation of the Declaration on the Elimination of All
Fonns of Intolerance and of Discrimination Based on Religion
or Belief and 1998/74 on Human rights and thematic
procedures, the Special Rapporteur would like to make the
following recommendations.
87. First of all, the Special Rapporteur has noticed, since
his appointment, that his mandate seemed to be limited to the
management of the manifestations of intolerance and
discrimination in matters of religion and belief The Special
Rapporteur's role was restrictedto aposteriori interventions.
He therefore considered it necessary and urgent to establish
a role of prevention. To that end, he launched the mechanism
of in situ visits, supplemented by a visit follow-up procedure
for the recommendations made in the mission reports. The
Special Rapporteur also established an urgent appeals
procedure. He conducted a survey on problems relating to
freedom of religion and belief from the standpoint of the
curricula and textbooks of primary or elementary and
secondary educational institutions designed to help shape an
international educational strategy for combating all forms of
intolerance and discrimination based on religion or belief
Recommendations were also made with respect to the
technical cooperation programme of the High Commissioner
for Human Rights (E/CN.4/1 995/91). All these activities and
recommendations contribute to and are aimed at preventing
intolerance and discrimination in general.
88. As far as more specific questions are concerned, the
Special Rapporteur wishes to make the following comments
and recommendations.
89. Religious extremism, regardless of whether or not it has
a genuinely religious basis, is apparent or latent, adopts,
provokes or sustains violence or manifests itself in less
spectacular fonns of intolerance, constitutes an unacceptable
assault on both freedom and religion. No society, religion or
faith is immune from extremism. However, when extremism
resorts to a frenzy of wanton terrorism and becomes a hideous
monster that kills in the name of God and exterminates in the
name of religion, when it engages in the most despicable acts
of barbarity, and knows no bounds in its cruelty, then silence
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amounts to complicity and indifference becomes active
collusion. Tolerance of extremism is tolerance of the
intolerable. States in general, and the international community
in particular, are therefore duty-bound to condemn it
unequivocally and to combat it relentlessly The Special
Rapporteur reiterates his recommendations, that a study be
conducted on religious extremism and that a minimum set of
standard rules and principles of conduct and behaviour in
respect of religious extremism be defined and adopted by the
international community
90. The issue of sects or new religious movements needs
to be clarified as soon as possible in order to prevent
situations such as the cunent one characterized by confusion,
hasty conclusions and generalizations, all of which adversely
affect the religions and beliefs that abide by the rule of law,
the victims and human rights. The Special Rapporteur wishes
to reiterate his recommendations concerning studies on this
phenomenon and the holding of international
intergovernmental meetings to consider and adopt a common
approach in the area of human rights.
91. Priority consideration should also be given to the issue
of how intolerance and discrimination based on religion and
belief affects women because of their status as women. In
addition to dealing with this subject in the context of the
above-mentioned recommendation with respect to religious
extremism, the Special Rapporteur considers that all
manifestations of intolerance and discrimination against
women should be addressed, from the most obvious and
manifest to the most obscure. He reiterates his
recommendation for the organization of a seminar on the
status of women from the viewpoint of religion. Such a
gathering, to be attended by the Special Rapporteur on
Religious Intolerance, the Special Rapporteur on Violence
against Women, its Causes and Consequences, and
representatives of the Committee on the Elimination of
Discrimination agathst Women, the Committee on Economic,
Social and Cultural Rights, the Human Rights Committee,
United Nations agencies (including the Division for the
Advancement of Women and the United Nations
Development Fund for Women), and non-governmental
organizations, would not only permit a review of the
manifestations of — and the factors contributing to —
discrimination against women, in the context of the mandate
on freedom of religion and belief, but should also lead to the
formulation of practical recommendations and a plan of
action. Such an initiative would be frilly consistent with and
in coordination with the policy and approach of the United
Nations system on gender issues. In the meantime, the Special
Rapporteur will continue to consider this issue in a
comprehensive manner as part of the activities under his
mandate (communications and in situ visits, laying greater
emphasis on reflecting discrimination and intolerance
affecting women within their own communities, in addition
to the discrimination and intolerance that they suffer because
of their status within the framework of relations within the
community, or as women members of ethnic and religious
minorities).
92. In order for the Special Rapporteur's mandate to be
carried out effectively, a better understanding is needed of
freedom of religion and belief and of the bases, dimensions,
and mathfestations thereof and problems relating thereto. In
addition to the above-mentioned recommendations, the
Special Rapporteur believes that priority should be given to
developing research in this area through studies, such as a
study on proselytism, freedom of religion and poverty An
initial series of studies on freedom of religion and belief and
economic, social and cultural rights could be launched. The
treatybodies - the Human Rights Committee, the Committee
onEconomic, Social and Cultural Rights, the Committee on
the Elimination of Discrimination against Women and the
Committee on the Elimination of Racial Discrimination — are
strongly encouraged to contribute to this endeavour.
93. The Special Rapporteur believes that his reports should
systematically cover all States, religions and beliefs, ensuring
that a summary/analysis of economic, social, cultural, civil
and political data is included for each State, in order to ensure
a better understanding of the cases and situations of
intolerance and discrimination based on religion and belief
A balanced approach, drawing on positive initiatives and
situations in matters of religion and belief, would also be
taken. Inline with such an approach, and in order to correctly
reflect how his mandate has evolved, the Special Rapporteur
reiterates his recommendation that the title “Special
Rapporteur on Freedom of Religion and Belief' should be
adopted.
94. Generally speaking, and in line with the method
suggested above, the Special Rapporteur recommends that
the United Nations should prepare a report on human rights
covering all States based on inputs from the various United
Nations human rights mechanisms, including special
rapporteurs and special procedure working groups.
95. The Special Rapporteur wishes to stress that, in order
to implement the above-mentioned recommendations, the
financial and human resources made available for carrying
out his mandate would have to be considerably increased in
order to establish a solid logistical support structure.
96. Finally, the Special Rapporteur wishes to thank all the
States, religious communities, non-governmental
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organizations and individuals cooperating in the
implementation of activities under his mandate.
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Annex
Follow-up to the report of the Special Rapporteur on the question of
religious intolerance on his visit to India from 2 to 14 December 1996
addressed to the Indian authorities and reply of the Indian
authorities
Recommendations
[ Original: English]
Taking into account paragraph 86 of the report, “the
maintenance of religious tolerance presupposes not only
economic development, education and a campaign against
poverty in order gradually to eliminate the caste system which
still survives in practice, but also more thfonned participation
in political life and greater participation in economic life by
the population as a whole as a means of preventing the
political exploitation of religion to the detriment of tolerance
and communal harmony”, the Special Rapporteur would
appreciate if you could indicate your comments as well as
measures undertaken and/or envisaged by your Government.
Comments and measures
The Government of India agrees with the Special
Rapporteur that economic development in general, the
elimination of poverty in particular and education hold the
greatest promise for the maintenance of religious tolerance
even though there may be no simple cause and effect
relationship between poverty and backwardness on the one
hand and religious intolerance or facilitation of political
exploitation of religion on the other.
It is equally essential to ensure that the weaker sections
of society develop a substantial stake in the political, social
and economic life of the country while at the same time
building and maintaining support for measures in this
direction among all sections of society Experience has shown
that, sometimes, these very efforts and their positive results
can lead to resentment in groups that have traditionally
enjoyed a privileged position. This may lead to short-term
manifestations of intolerance. It is essential, however, to
persist with efforts to enhance greater participation of
vulnerable groups which alone can ensure harmony among
different sections of society in the long run.
The philosophical and spiritual underpinnings of Indian
society have historically imbued it with a high degree of
tolerance. Under the pressure of modernization, issues of
identity can come to fore, providing opportunities for political
* E/CN.4/1997/91/Add.1
exploitation of religion. More informed participation in
political life through awareness, constructive mobilization
and imaginative use of media would form the basis of any
strategy to fight such exploitation. At the same time,
appropriate legislative and institutional measures in
consonance with the spirit of freedom of expression
guaranteed by the Constitution are required to ensure that
politics is not used to promote intolerance.
The Government of India would again reiterate the need
to avoid oversimplification of the complex social phenomena
of the caste system and to maintain a distinction between the
caste system and caste-based discrimination or disabilities.
Mathfestation of discriminatory behaviour against members
of certain castes are questions related to social prejudice and
do not bear any relationship to religious intolerance. Further,
under the Indian Constitution, the concept of caste is solely
and exclusively related to Hindus and Sikhs alone and persons
professing any other religion do not have a caste
classification, although there are variations in practice, which
only goes to show that caste merely denotes a social or class
distinction. The term “caste” has its origins in the functional
division of Indian society during ancient times and, to an
extent, it is akin to the system of guilds and clans prevalent
earlier in the West. However, with the passage of time, the
system became rigid, stratified and exploitative leading to
discrimination against those who enjoyed low status in the
traditional Hindu caste hierarchy and were thereby exposed
to invidious treatment, severe social disabilities and
deprivation of economic, social, cultural and political
opportunities. The elimination of caste-based inequities is
crucial to the promotion of tolerance in general and there is
an across-the-board commitment at the highest level to root
out social prejudices and the accumulated socio-economic
backwardness of the so-called lower castes.
The measures taken to promote economic development
and eliminate poverty include not only macro-level
programmes and policies for economic growth but also
programmes of human development with emphasis on health,
education and minimum needs and directly targeted
programmes for poverty alleviation through employment
generation, training and building up asset endowment of the
poor. Indeed, elimination of past injustices through
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affirmative action and the eradication of poverty through
democratic methods are in-built in the development process
in India. The success of this process is seen to be crucially
dependent on the full participation of vulnerable sections,
democratic decentralization and effective functioning of
grass-roots democratic institutions and the political and
economic empowerment of the socially disadvantaged
sections of the population.
The economic refonns and liberalizationmeasures since
1991 have accelerated economic growth, reduced inflation
and have positively influenced living standards and social
indicators. The Government of India intends to pursue with
vigour its goal of growth with justice through economic
reforms with a humane face.
India has abolished by law caste-based discrimination
and has put in place extensive penal provisions to implement
the same. Consequent to the abolition of untouchability in the
Indian Constitution, special legislation such as the Protection
of Civil Rights Act, 1955, and the Prevention of Atrocities
Act, 1959, has been enacted to combat prejudices and
atrocities against the Scheduled Caste communities. The
Indian strategy for fighting disabilities resulting from
membership of a particular caste has evolved over a long
period of time and enjoys universal backing politically and
institutionally This strategy is multi-faceted and encompasses
constitutional and legal measures as well as developmental
and welfare programmes and policies. It is our finn belief that
this strategy has succeeded in significantly reducing the s ocio-
economic gap between members of disadvantaged castes and
the social mainstream. A separate National Commission for
Scheduled Castes and Scheduled Tribes is playing an
important role as part of the institutional framework. Apart
from constitutionally guaranteed reservations in the federal
and state legislatures and an affirmative action programme
of jobs in the Government and placement in educational
institutions, a scheme of Special Component Plans has been
used to focus financial resources for the spread of education,
skill upgrading and assistance for self-employment activities
for these groups. All state governments and federal ministries
have to earmark funds under such schemes at least in
proportion to the population of such groups in the specific
situation.
These conscious efforts as well as the effective
functioning of democracy in India have generated self-
sustaining political movements composed largely of hitherto
downtrodden sections of Indian society After moving into
positions of power, members of such sections are giving a
new meaning to efforts for the betterment of their lot. That
this has taken place without a major social upheaval is a
significant achievement of Indian democracy
Recommendations
Taking into account paragraph 91 of the report, “steps
must be taken to increase awareness of the existence and
dangers of extremism because, despite the fact that it is
confined to a minority, its influence on the masses through
political parties, places of worship, schools and even seats
of power, could well destroy community and religious
harmony in India. With a view to safeguarding religious
tolerance and thus ensuring the protection of the rights and
freedoms guaranteed by law to religious communities
(freedom of belief freedom to practise a religion and
therefore to proselytize, to change religion, etc.), the Special
Rapporteur wishes to make certain recommendations
designed to combat extremism of all kinds”, the Special
Rapporteur would appreciate if you could indicate your
comments as well as measures undertaken and/or envisaged
by your Government.
Comments and measures
We agree with the Special Rapporteur that extremism,
even if confined to a minority, has the potential to affect
gravely intercommunity harmony in India, or for that matter
any country The Government of India is alive to the dangers
of extremism and has used legislative measures like the
Unlawful Activities (Prevention) Act, 1967, to curb public
fund-raising and propaganda activities of extremist
organizations whose activities are prejudicial to communal
harmony These measures have also served to stigmatize these
organizations in the public mind and arouse public
consciousness against them.
Civil society has a major role in combating extremism.
Mathfestations of religious extremism, however unfortunate
they may be, have also served to focus attention on this
problem and resulted in a significant political and intellectual
mobilization against such aberrations. The Government of
India encourages and supports such mobilization.
Recommendations
Taking into account paragraph 92 of the report, “The
Special Rapporteur considers it essential that the
Representation of the Peoples Act, 1951, should be
scrupulously implemented and that in addition it should be
speedily supplemented by a new act debarring political
parties from the post-election use of religion for political
ends. As the riots in Ayodhya, Bombay and Punjab have
shown, religious parties, spokesmen and standard-bearers are
not always of a nature to promote tolerance and human
rights”, the Special Rapporteur would appreciate if you could
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indicate your comments as well as measures undertaken
and/or envisaged by your Government.
Comments and measures
Electoral reforms have been a continued feature of the
Indian polity India has an independent constitutional body,
the Election Commission of India, to supervise elections both
at the Federal and state levels. Its impartial and strict handling
of elections is widely recognized. The Representation of
Peoples Act, 1951, is the major law governing elections in
India. The Government is committed to the scrupulous
implementation of this Act. Whenever a need has been felt to
amend certain sections/provisions of the Act, the Election
Commission has made suitable recommendations and new
provisions have been brought in or existing ones amended.
For example, the Act underwent significant changes in August
1996. The Supreme Court has also contributed to the process
of electoral reforms through a number of landmark
judgements (e.g. Civil PetitionNo. 24 of 1995 on election
expenditure).
Appeal to religion is prohibited under the Indian
election laws and the case law on this is well-established.
There is a related legislation to prevent the misuse of religious
places for political purposes (discussed later). While existing
election laws are deemed by the Government of India to
provide sufficient safeguards, legislation in all important
areas including elections is under the constant scrutiny of the
Parliament.
Recommendations
Taking into account paragraph 93 of the report, “The
Special Rapporteur also considers that places of worship
should be used exclusively for religious, and not political,
purposes. As places for prayer and meditation, they should
be protected against tension and partisan struggle. The State
should therefore ensure that places of worship remain neutral
ground and are sheltered from political currents and
ideological and partisan controversy In this connection the
Special Rapporteur urges that the dispute concerning
Ayodhya should be settled on tenns acceptable to the Muslim
and Hindu communities. Although the Babri Masjid case can
be partially settled by legal means, it must be approached with
an exceptional degree of caution and an equally exceptional
degree of wisdom. Calling into question situations and rights
that are rooted in the distant past is likely to open the door to
a sequence of events which could have unforeseeable
consequences and in particular lead, through acts of violence
perfonned in the name of an extremist conception of religion,
to disorders in various parts of India, the news of which, as
it spreads internationally and, more especially, throughout the
region, may affect peace and security within the region. The
most logical solution would seem to be to restore these places
of worship as they were before the riots occurred — unless the
religious communities concerned decide to effect a symbolic
exchange as a means of cooling passions and reducing
tensions. The authorities must remain on the watch to prevent
the recurrence of such traumatic incidents, which are sources
of division and hate between communities. It is important that
the Indian authorities should be fully aware that the dangers
in this area are not purely theoretical”, the Special Rapporteur
would appreciate if you could indicate your comments as well
as measures undertaken and/or envisaged by your
Government.
Comments and measures
The Special Rapporteur has rightly observed that places
of worship should be used exclusively for religious purposes.
Inthe light of serious incidents of abuse of religious places,
the Religious Institutions (Prevention of Misuse) Act, 1988,
was enacted with a view to maintaining the sanctity of
religious places and to prevent their misuse for political or
criminal activities. It, inter alia, casts responsibility on the
management of the concerned institution to inform the police
inthe event of misuse of the place of worship. The Act also
prohibits storage of arms and ammunition inside any place of
worship. The Government of India is committed to ensuring
that religious places are not misused for the promotion of
intolerance.
Ayodhya issue
By the Supreme Court judgement of 24 October 1994,
the pending suits and other proceedings relating to the
disputed Ram Janma Bhoomi-Babri Masjid area have been
consolidated for final adjudication of the dispute by the
Allahabad High Court. The role of the central Government,
which was vested with the control of the disputed area by an
earlier ordinance, has been limited by this judgement to that
of a statutory receiver with the duty to maintain the status quo
till the adjudication of the title suits. Thus, the disputed area
cannot be handed over to anybody for construction of a
temple, mosque or any other structure except as decided by
the High Court in the title suits. In compliance with the above
judgement, the central Government has made all appropriate
arrangements to maintain the status quo in the disputed area.
As regards the observation made by the Special
Rapporteur that the dispute be settled on terms acceptable to
the Muslim and Hindu communities, it may be mentioned that
prior to the demolition of the disputed structure on 6
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December 1992, negotiations were held between the
representatives of both communities to resolve the dispute.
However, no final agreement could be reached. The Supreme
Court judgement dated 24 October 1994 has also recognized
the role of negotiations and made relevant observations in this
regard.
Further, the Special Rapporteur may be interested to
note that the Central Bureau of Investigation (CBI), which had
been entrusted with the investigation into the offences
connected withthe demolition of the disputed structure on 6
December1992, has filed charge sheets against 49 persons.
The Special Judge (Ayodhya Issue) CBI, Lucknow passed a
detailed order on 9 September 1997 holding that there is a
prima facie case for charging the 49 accused persons of
commission of the offence of criminal conspiracy and other
offences. Thirty-three out of 49 accused have filed revision
petitions at the Lucknow Bench of the Allahabad High Court.
Hearing on these cases has started as of 20 January1998 on
a day-to-day basis. In the meantime, the trial court has
directed the CBI to frame charge sheets by 29 January 1998.
Recommendations
Taking into account paragraph 94 of the report, “The
financial dependence of political and religious movements on
foreign countries is obviously fraught with consequences at
all levels”, the Special Rapporteur would appreciate if you
could indicate your comments as well as measures undertaken
and/or envisaged by your Government.
Comments and measures
The Foreign Contributions Regulation Act, 1976,
regulates the transfer of funds for social or religious
organizations. Organizations that wish to get contributions
from abroad have to register themselves and state the source
and purpose of these finds. Political parties are barred from
raising fUnds abroad. The real challenge, however, is the flow
of illegal fUnds. The problem of illegal money-laundering and
flow of finds for purposes such as terrorism and illicit drugs
has now become a global problem. In India also, illegal
chaimels have been used by many extremist organizations to
fUnd their activities from abroad. The Indian Government is
alive to this challenge. Greater vigilance to prevent such
illegal inflows is being exercised. Efforts are also under way
to update Indian legislation dealing with foreign exchange
flows so as to more effectively address these concerns. India
also intends to pursue cooperation with other countries and
relevant international organizations on different aspects of
money-laundering and illegal money flows.
Recommendations
Taking into account paragraph 95 of the report,
“Schools in particular should be protected against all forms
of political and ideological indoctrination”, the Special
Rapporteur would appreciate if you could indicate your
comments as well as measures undertaken and/or envisaged
by your Government.
Comments and measures
The Indian Constitution prohibits the imparting of
religious instruction by any educational institution maintained
by the State while guaranteeing the right of minorities to
maintain and run their own educational institutions. Different
institutions and programmes related to curriculum
development, textbook evaluation, selection of teachers and
teacher training are designed to ensure that schools are not
used for ideological or political indoctrination that can
promote intolerance. At the same time, the values of religious
tolerance, secularism, development of a scientific temper and
sensitization to the problems of the weaker sections of society
are consciously included in school education.
The Special Rapporteur is aware of some of the efforts
in the field of values education. The National Council for
Teacher Education and the National Council for Educational
Research and Training (NCERT) have developed self-
learning modules on “human rights” and “national values”
and the NCERT sourcebook for teachers on human rights is
currently being translated into Hindi. The National Human
Rights Commission of India, in association with the
Department of Education of the Ministry of Human Resource
Development, has also taken steps to enhance human rights
awareness, through education at school as well as at the
college level. At the university level, the University Grants
Commission has identified ten universities for establishing
facilities for courses on human rights.
Recommendations
Taking into account paragraph 96 of the report,
“Education can play a vital role in preventing intolerance,
discrimination, hate and violence (including violence
motivated by extremism) by creating and disseminating a
culture of tolerance among the masses and the most
disadvantaged segments of the population. It can make a
decisive contribution to the assimilation of values based on
human rights by the use of school curricula and textbooks
reflecting principles of tolerance and non-discrimination. This
approach has already been adopted to some extent by the
Indian authorities in the education sector through
dissemination of the values of tolerance and mutual respect,
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as was confirmed during the course of the mission during
visits to schools, in discussions with pupils and teachers and
by the perusal of textbooks. However, this approach must be
adopted throughout the country to cover India's entire private
and public school system in order to develop the awareness
of the masses. It is of vital importance that human rights and
tolerance should become the concern of all and not remain the
exclusive preserve of the elite”, the Special Rapporteur would
appreciate if you could indicate your comments as well as
measures undertaken and/or envisaged by your Government.
Comments and measures
As observed by the Special Rapporteur, the broad-
basing of the teaching of tolerance, specially in a country with
ahigh rate of illiteracy, is of vital importance. The teaching
of tolerance has to start with universal education and what is
taught in schools has to be supplemented by the family, social
and religious orgathzations and the media. Modern as well as
traditional media of mass communication are also being used
for the promotion of national integration. Campaign
programmes for adult literacy have a built-in component of
this nature. These activities would receive a further impetus
from the National Action Plan, currently under elaboration,
to realize the goals of the United Nations Decade on Human
Rights Education. Commemorative activities being planned
for the fiftieth almiversary of the Universal Declaration on
Human Rights also have a strong promotional/human rights
education focus. The above approaches will build on the
strengths of Indian society and avoid the impression of being
“top-down” or pedagogical.
Recommendations
Taking into account paragraph 97 of the report, “The
Special Rapporteur also recommends that the Centre for
Human Rights should provide advisory services on the
organization at the federal and State level of training courses
for teachers in preschool, primary or basic and secondary
educational establishments to make them aware of the
importance of teaching the principles of tolerance and non-
discrimination based on religion and belief', the Special
Rapporteur would appreciate if you could indicate your
comments as well as measures undertaken and/or envisaged
by your Government.
Comments and measures
The various programmes described in the preceding
paragraphs indicate the high level of importance given to the
teaching of tolerance in India throughhuman rights education.
Further, through its resolution on tolerance and pluralism at
the Commission on Human Rights, India has also been
encouraging the Office of the High Commissioner for Human
Rights to develop expertise in propagating these values
through its own programmes. We would be happy to see the
results of such work carried out by the Office of the High
Commissioner for Human Rights, including inthe area of best
practices for the promotion of tolerance.
Recommendations
Taking into account paragraph 98 of the report, “As
regards Jammu and Kashmir and Punjab, the Special
Rapporteur urges all the parties concerned — official and non-
official, national and foreign — to act calmly and refrain from
exacerbating religious problems to ensure that immutable
religious principles are not affected by political
considerations at the expense of the religious rights of the
communities and, more generally, of tolerance and non-
discrimination based on religion or belief', the Special
Rapporteur would appreciate if you could indicate your
comments as well as measures undertaken and/or envisaged
by your Government.
Comments and measures
We agree with the Special Rapporteur that religion
should not be exploited to further a political programme,
either national or international. The maintenance of religious
tolerance or the protection of human rights in general has
been affected adversely in certain areas by the activities of
non-State actors. While dealing firmly with violent
extremism, India will strive to ensure that this has no impact
on tolerance, religious rights of minorities and non-
discrimination based on religion and belief In this task, it
takes comfort from the innate respect for diversity in the
Indian ethos. It is significant to note that despite a clear plan
to widen the communal divide through terrorist attacks,
communal violence never became a problem in either Punjab
or Jammu and Kashmir.
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