UNITED
NATIONS
General Assembly
Distr.
GENERAL
A/s 1/542
23 October 1996
ENGLISH
ORIGINAL: ENGLISH AND FRENCH
Fifty-first session
Agenda item 110 (b)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS QUESTIONS, INCLUDING
ALTERNATIVE APPROACHES FOR IMPROVING THE EFFECTIVE ENJOYMENT
OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Implementation of the Declaration on the Elimination of All
Forms of Religious 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 religious
intolerance, prepared by Mr. Abdelfattah Amor, Special Rapporteur of the
Commission on Human Rights, in accordance with General Assembly resolution
50/183 of 22 December 1995.
96-28948 (E) 061196 111196 /. ..
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CONTENTS
Paragraphs Page
I. INTRODUCTION 1 - 6 3
II. IMPORTANCE OF IN SITU VISITS AND THEIR FOLLOW-UP 7 - 20 3
III. DEVELOPMENT OF A CULTURE OF TOLERANCE 21 - 24 5
IV. STATUS OF COMMUNICATIONS SINCE THE FIFTY-SECOND
SESSION OF THE COMMISSION ON HUMAN RIGHTS 25 - 46 6
V. CONCLUSIONS AND RECOMMENDATIONS 47 - 60 10
Annexes
I. A. Follow-up table addressed to the Chinese authorities 14
B. Follow-up table addressed to the Iranian authorities 17
C. Follow-up table addressed to the Pakistani authorities 22
II. Reply of the Chinese authorities to the follow-up table 26
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I. INTRODUCTION
1. At its forty-second session, the Commission on Human Rights decided, in
resolution 1986/20 of 10 March 1986, to appoint for one year a special
rapporteur to examine incidents and governmental action 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 for such situations.
2. In accordance with the terms of that resolution, the Special Rapporteur
submitted his first report to the Commission at its forty-third session
(E/CN.4/1987/35) . His mandate was extended for one year by resolution 1987/15
of 4 March 1987, adopted at the same session of the Commission.
3. From 1988 onwards, the Special Rapporteur submitted yearly reports to the
Commission (E/cN.4/1988/45 and Add.1; E/CN.4/1989/44; E/CN.4/1990/46;
E/CN.4/1991/56; E/CN.4/1992/52; E/CN.4/1993/62 and Add.1 and Corr.1) . In its
resolutions 1988/55, 1990/27 and 1992/17, the Commission twice decided to extend
the Special Rapporteur's mandate for two years, and then for three years until
1995.
4. After the resignation for Mr. JIIgelo Vidal d'Almeida Ribeiro, the Chairman
of the Commission appointed Mr. Abdelfattah Amor as Special Rapporteur. The
latter submitted his reports (E/cN.4/1994/79; E/cN.4/1995/91 and Add.1;
E/CN.4/1996/95 and Add.1-2) to the Commission on Human Rights at its fiftieth,
fifty-first and fifty-second sessions. By its resolution 1995/23 of
24 February 1995, the Commission on Human Rights decided to extend the Special
Rapporteur's mandate for three years.
5. Pursuant to General Assembly resolution 49/188 of 23 December 1994, the
Special Rapporteur submitted an interim report to the General Assembly at its
fiftieth session (A/50/440) .
6. This report is submitted pursuant to General Assembly resolution 50/183 of
22 December 1995. The Special Rapporteur has examined in situ visits and their
follow-up, the development of a culture of tolerance and the status of
communications since the fifty-second session of the Commission on Human Rights.
II. IMPORTANCE OF IN SITU VISITS AND THEIR FOLLOW-UP
7. The Special Rapporteur attaches considerable importance to in situ visits
and their follow-up.
8. He has therefore sought to increase the effectiveness of his mandate by
making several requests for visits, as well as by making actual visits in the
field on his own initiative or at the invitation of the Governments concerned.
9. Starting in 1994, the Special Rapporteur made a visit to China in
November 1994 on the initiative of the People's Republic of China
(E/CN.4/1995/91, paras. 109 to 127) . In June 1995, he visited Pakistan at the
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invitation of the Government of the Islamic Republic of Pakistan
(E/CN.4/1996/95/Add.1) . In December 1995, he travelled to the Islamic Republic
of Iran at the invitation of the Iranian Government (E/CN.4/1996/95/Add.2) .
10. In June 1996, the Special Rapporteur visited Greece at the invitation of
the Greek Government, and in September 1996, he visited the Sudan at the
invitation of the Sudanese Government and pursuant to General Assembly
resolution 50/197 of 22 December 1995 and Commission on Human Rights resolution
1996/73 of 23 April 1996.
11. In December 1996, the Special Rapporteur expects to make a visit to India
which has been postponed several times by the Indian authorities for scheduling
reasons.
12. Lastly, the Special Rapporteur will travel to Australia in January 1997 at
the invitation of the Australian Government and pursuant to paragraphs 14 and 15
of General Assembly resolution 50/183 1/ and Commission on Human Rights
resolution 1996/73.
13. The Special Rapporteur considers it essential to make visits, firstly, to
gather views and observations on any allegations of incidents and governmental
action inconsistent with the provisions of the 1981 Declaration and, where
appropriate, recommend remedial measures and, secondly, to analyse and publicize
the positive experiences and initiatives of States.
14. In 1995, the Special Rapporteur expressed the desire to visit Viet Nam and
Turkey. The Vietnamese authorities replied by letter that they were considering
the Special Rapporteur's request, and their final response is awaited. In the
case of Turkey, the Special Rapporteur has unfortunately received no written
reply to his letters, although there have been informal consultations with the
responsible authorities this year.
15. In 1996, the Special Rapporteur expressed the desire to visit Germany. The
German authorities responded positively and proposed that the Special Rapporteur
come in December 1996 or January 1997. For scheduling reasons, the Special
Rapporteur has requested that this visit be postponed until after April 1997.
16. Requests for visits were also sent to the Governments of Indonesia and
Mauritius. The Special Rapporteur has yet to receive a response.
17. The Special Rapporteur strongly encourages all States to invite him to
visit their countries in order to strengthen understanding and mutual
cooperation, in the interest of promoting tolerance and eliminating
discrimination based on religion or belief.
18. Following up past visits is another important element in the fulfilment of
his mandate.
19. Accordingly, in 1996, the Special Rapporteur set in motion procedures for
following up his visits to China, Pakistan and the Islamic Republic of Iran.
Letters were sent to their respective Permanent Missions asking for comments and
for any information on measures taken or envisaged by the authorities concerned
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to implement the recommendations made by the Special Rapporteur in his reports
on his visits and reproduced in table form (see annex I) . The Special
Rapporteur received a reply from the Chinese authorities (see annex II ) , for
which he expresses his gratitude. He also received the cooperation of the
Iranian authorities in the form of consultations in Geneva and is awaiting
comments and information from them in reply to his letter. Lastly, the Special
Rapporteur noted the cooperative attitude of the Pakistani authorities at the
latest session of the Commission on Human Rights and is hoping for a reply to
his follow-up letter.
20. The Special Rapporteur is thus counting on the cooperation of all States in
order to be able not only to make in situ visits but also and above all to
follow up the visits already made.
III. DEVELOPMENT OF A CULTURE OF TOLERANCE
21. The Special Rapporteur considers the development of a culture of tolerance
as a basic priority for the implementation of a bona fide policy of preventing
intolerance and discrimination based on religion or belief.
22. As the Special Rapporteur explained in his previous reports to the General
Assembly and to the Commission on Human Rights, education can make a decisive
contribution to the internalization of values based on human rights and to the
emergence, at both the individual and group levels, of attitudes and behaviours
reflecting tolerance and non-discrimination, thus constituting an element in the
dissemination of a human rights culture. As an essential component of the
educational system, schools can provide fertile ground for achieving lasting
progress in the promotion of tolerance and non-discrimination with regard to
religion and belief. Accordingly, the Special Rapporteur conducted a survey, by
means 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 education institutions. The results of such
a survey could facilitate the formulation of an international educational
strategy to combat all forms of intolerance and of discrimination based on
religion or belief, a strategy that could centre on the definition and
implementation of a common minimum programme to foster tolerance and
non - discrimination.
23. The Special Rapporteur has received replies from the following 78 States:
Albania, Algeria, Andorra, Argentina, Armenia, Austria, Bahrain, Belarus, Bosnia
and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, China, Colombia, CSte
d'Ivoire, Croatia, Cuba, Cyprus, Denmark, Djibouti, Ecuador, Egypt, France,
Germany, Guatemala, Holy See, Honduras, India, Indonesia, Iraq, Ireland, 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, Uruguay, Venezuela, Viet Nam, Yugoslavia and Zambia.
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24. Recalling Commission on Human Rights resolution 1994/18 encouraging him to
examine the contribution that education can make to the more effective promotion
of religious tolerance, and Commission resolutions 1995/23 and 1996/23, as well
as General Assembly resolution 50/183 stressing the importance of education in
ensuring tolerance of religion and belief, the Special Rapporteur invites all
other States to reply to the questionnaire addressed to them, in order to give
proper scope to the results of this international survey. Once again, because
of the insufficient resources allocated to the Special Rapporteur's mandate and
despite the repeated pledges made by the Administration, it has not been
possible to begin the sorting and analysis of replies that is necessary for the
formulation of a draft international strategy and that will have to be
undertaken as soon as possible.
IV. STATUS OF COMMUNICATIONS SINCE THE FIFTY-SECOND
SESSION OF THE COMMISSION ON HUMAN RIGHTS
25. This report on the status of communications and replies concerns
communications sent since the fifty-second session of the Commission on Human
Rights, the replies or absence of replies from the States concerned and late
replies.
26. Because of drastic budget cuts, the Special Rapporteur has been unable to
publish these communications and the replies from States, contrary to the
practice followed since the establishment of his mandate. This constraint is
highly detrimental to the paramount importance of information and to its
educational function and ultimately constitutes a form of information censorship
that seriously undermines the Special Rapporteur's mandate. Accordingly, the
Special Rapporteur has analysed the information and can provide anyone with
copies of the communications and replies available at the Centre for Human
Rights in Geneva.
27. Since the fifty-second session of the Commission on Human Rights, the
Special Rapporteur has sent communications to 35 States: Albania, Armenia,
Belarus, Bhutan, Bolivia, Brunei Darussalam, Bulgaria, Chad, China, Croatia,
Cyprus, Egypt, Eritrea, Georgia, Indonesia, Israel, Japan, Kuwait, Lao People's
Democratic Republic, Malaysia, Maldives, Mexico, Morocco, Nepal, Republic of
Moldova, Romania, Russian Federation, Saudi Arabia, Singapore, Somalia,
Tajikistan, Ukraine, United Kingdom, Viet Nam and Yemen.
28. As to urgent appeals, Egypt was sent a second such appeal concerning
Professor Nasr Abu Zeid of Cairo University, who was tried on 13 June 1995 by a
court for his writings on interpretations of the Koran deemed anti-Islamic by
Islamist plaintiffs. Professor Abu Zeid was allegedly declared an apostate by
the court and required to divorce his wife (see E/CN.4/1996/95) . The Special
Rapporteur sent a first urgent appeal on 22 June 1995 and a reminder on
13 September 1995, and, on 19 February 1996, received a reply from the Egyptian
authorities indicating that a final judgement had yet to be handed down in the
case, that the case did not affect Professor Abu Zeid's professional status,
that no decision to confiscate or ban his works had been taken and that his
safety was assured. Moreover, Act No. 3 of 1996 had made the institution of
legal proceedings on religious grounds the sole prerogative of the government
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procurator, in order to prevent any abuses aimed at the defamation or
intimidation of citizens. On 9 August 1996, the Special Rapporteur sent a
second urgent appeal after the Court of Cassation took a decision which
confirmed the order declaring Professor Abu Zeid an apostate and requiring him
to separate from his wife. On 22 August 1996, the Egyptian authorities drew
attention to the development of their legislation (as exemplified by the
aforementioned Act No. 3 and by the Act of 21 May 1996 making the admissibility
of a lawsuit contingent on the concept of personal and direct interest) and to
the need to respect the independence of the judiciary.
29. It should be noted that other cases involving allegations in the form of
complaints will be examined later, inter alia , during in situ visits.
30. Based on the analysis of the communications, the following is a very
general classification of the religious communities against which violations
have allegedly taken place:
(a) Christianity: Albania, Armenia, Bulgaria, China, Georgia, Indonesia,
Kuwait, Lao People's Democratic Republic, Mexico, Morocco, Nepal, Romania, Saudi
Arabia, Somalia, Viet Nam, Yemen;
(b) Islam: Chad, Egypt, Saudi Arabia, Tajikistan, United Kingdom, Yemen;
(c) Buddhism: China, Russian Federation, Viet Nam;
(d) Hinduism: Yemen;
(e) Judaism: Belarus;
(f) Other religions, religious groups and religious communities:
(i) Baha'is: Armenia, Indonesia;
(ii) Jehovah's Witnesses: Armenia, Bulgaria, Cyprus, Eritrea,
Indonesia, Singapore;
(iii) Hare Krishna: Armenia;
(iv) Al Arqam: Malaysia;
(v) Darul Arqam: Indonesia;
(vi) Mormons: Ukraine;
(g) All religions and religious groups except the official or State
religion: Belarus, Bhutan, Bolivia, Brunei Darussalam, Israel, Maldives.
31. In analysing the communications by topic, the Special Rapporteur divided
them into six categories of violations.
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32. The first category concerns violations of the principle of
non-discrimination in religion and belief. It involves allegations of
discriminatory policies and/or legislation and regulations in regard to religion
and belief, such as those against Christians and Shiites in Saudi Arabia;
against non-Muslims in Brunei Darussalam and Maldives; against Christians in the
Lao People's Democratic Republic; and against Christians and Muslims in Israel.
In Eritrea, the Jehovah's Witnesses are also alleged to have suffered
discrimination for expressing their religious beliefs. In addition, Bulgaria's
alleged refusal to grant official recognition to religious groups such as the
Bulgarian Evangelical Alliance, most Christian missions, independent churches
and theological institutes is a violation of the principle of
non-discrimination. The same is true of bans on specific religious communities,
such as the Jehovah's Witnesses, the Baha'is and Darul Arqam in Indonesia; the
Al Arqam group in Malaysia; and the Jehovah's Witnesses and the Unification
Church in Singapore. The Special Rapporteur sent a communication to the United
Kingdom authorities concerning the publication of newspaper articles conveying a
negative and discriminatory image of Muslims. Violations of the principle of
non-discrimination are also found indirectly in the five other categories of
violations.
33. The second category concerns violations of the principle of tolerance in
the area of religion and belief and reflects the Special Rapporteur's concern
about religious extremism. Such extremism may threaten an entire society
(Yemen) , certain categories of individuals such as artists (Chad) or teachers
(Egypt) , or certain religious minorities (Mexico and Somalia) . It is important
to note that religious extremism acts as a cancer in any religious group,
whatever the denomination, and that it affects the members of that group just as
much as those of other religious groups.
34. The third category concerns violations of freedom of thought, conscience,
and religion or belief. The question of conscientious objection is raised
directly through allegations of prosecution, loss of citizenship rights
(Eritrea) and/or imprisonment for refusing to perform military service (Cyprus,
Croatia, Russian Federation, Singapore) . Other allegations raise the problem of
the absence of legal recognition of the right of conscientious objection
(Eritrea, Singapore) and, notably, the absence of alternative service (Russian
Federation) or even of legal provisions recognizing the concept of conscientious
objection and providing for unarmed military service, an omission at variance
with international law (Cyprus) . Some allegations refer to an official campaign
to force believers to renounce their faith (Lao People's Democratic Republic) .
The freedom to change one's religion is also being violated, as shown by
allegations of prohibitions on converting to another religion (Bhutan, Maldives)
of prosecution (Kuwait) or under threat of ill-treatment (Mexico) .
35. The fourth category concerns violations of the right to manifest one's
religion or belief. It covers allegations of control of religious activities by
the authorities (Armenia, Japan) which may take the form of restrictions on, or
even the prohibition of, public manifestations (China, Maldives, Romania) or
private manifestations (China, Saudi Arabia) , of religious beliefs and practices
by certain religious groups, certain categories of persons - notably foreigners
(Belarus, Ukraine) and certain professional bodies such as the army (banning of
religious services other than those of the official religion in Bolivia) .
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Often, a ban on proselytizing by certain religious communities is the subject of
special legislation (Armenia, Bhutan, Brunei Darussalam, Republic of Moldova)
and may entail prison sentences (Morocco, Nepal) .
36. The fifth category concerns violations of the freedom to dispose of
religious property. The communications sent raise the question of the
restitution of goods and properties to religious communities (Albania, Belarus) .
Some allegations concern restrictions on certain religious groups' access to
places of worship (Israel) which may also lead to the closing of those places
(Bulgaria, China, Lao People's Democratic Republic) . Bureaucratic obstacles to
the acquisition of property by certain religious communities have also been
reported in Indonesia and Romania. Lastly, places of worship seem to be the
target of very serious violations, especially arson (Indonesia) , desecration
(Yemen) and destruction (China) .
37. The sixth category concerns violations of the right to life, physical
integrity and health of persons (clergy and believers) . The Special Rapporteur
has received reports of many cases of threats (Chad, Yemen) , ill-treatment,
arrests and detention (Armenia, China, Cyprus, Georgia, Lao People's Democratic
Republic, Malaysia, Morocco, Saudi Arabia, Singapore, Viet Nam) and even murders
(Mexico, Somalia, Tajikistan, Yemen) . Such violations also appear in the
religious extremism category.
38. With regard to States' replies to communications other than urgent appeals,
the deadline has not expired for 21 States: Armenia, Belarus, Bhutan, Brunei
Darussalam, China, Croatia, Cyprus, Eritrea, Indonesia, Israel, Japan, Malaysia,
Maldives, Nepal, Republic of Moldova, Russian Federation, Singapore, Somalia,
Ukraine, Viet Nam and Yemen.
39. Of the 13 States for which the deadline has expired (Albania, Bolivia,
Bulgaria, Chad, Georgia, Kuwait, Lao People's Democratic Republic, Mexico,
Morocco, Romania, Saudi Arabia, Tajikistan and United Kingdom), S have replied:
Kuwait, Lao People's Democratic Republic, Mexico, Morocco and Romania.
40. With reference to the content of replies, Kuwait provided a general
response basically referring to its positive law and stating that judicial cases
are examined in accordance with the laws of the country.
41. The Lao People's Democratic Republic provided information on its
legislation in the area of tolerance and non-discrimination with regard to
religion or belief and denied reports of an official campaign against
Christians. It did, however, emphasize that some Christians and
non-governmental organizations had used religion for political ends, in
violation of the laws in force, and were trying to convert people to
Christianity in exchange for material assistance and exemption from military
service and from State taxes. Those responsible for such disturbances of public
order and social stability are subject to prosecution, irrespective of their
religion.
42. In its reply concerning the detention and subsequent hospitalization of a
Muslim who had converted to Christianity and been found guilty of evangelism,
Morocco stated that he had left the hospital at Inezgane on 3 June 1996.
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43. Mexico provided detailed information and documentation on State initiatives
and action to promote reconciliation and respect for the religious freedom of
the Chamula and Catholic evangelical religious minorities.
44. Romania disputed the allegations of discrimination against the Romanian
Evangelical Alliance, especially as regards the procedures for approving
construction permits for places of worship. Moreover, it claimed that the two
“Voice of Gospel” radio stations had received authorization from the National
Audio-visual Council to broadcast, but on another frequency. As for the
restitution of church property taken over by the State in 1948, the authorities
outlined State legislation and policy in that area, which sought to identify the
most appropriate measures for preserving the current social usefulness of the
property in question without creating privileges for certain religions to the
detriment of others.
45. On the subject of replies to communications sent within the context of the
report to the fifty-second session of the Commission on Human Rights, the
Special Rapporteur has received written replies from the following States:
Austria, Belgium, China, Estonia, Germany, Japan, Maldives, Pakistan, Saudi
Arabia, Slovenia and Ukraine. The content of those replies will be reflected in
the next report to the Commission on Human Rights.
46. The Islamic Republic of Iran and Turkey also sent communications to the
Special Rapporteur, for information.
V. CONCLUSIONS AND RECOMMENDATIONS
47. Based on his experience in the daily performance of his mandate and his
visits in situ , the Special Rapporteur notes that no religion is completely safe
from attack and that no State or category of States, or religion or religious
group or community, has a monopoly on intolerance.
48. It is a fact that freedom of religion does not seem to have won over the
minds of all men and women. Each religion tends to believe that it is sole
guardian of the truth and that it has a duty to make everyone bear witness to
that truth. That does not always contribute to tolerance among religions.
Moreover, each religion may be tempted to fight what it may consider to be
deviance within its own ranks or around it. That does not always contribute to
tolerance within religions, especially tolerance of religious minorities.
Religious freedom is really threatened and even jeopardized when it serves as a
cover or an alibi for criminal acts which are often difficult to confront.
49. Such considerations lead the Special Rapporteur to express his grave
concern at the problem of sects. In 1996, an increasing number of cases
involving criminal acts - including murders - directly linked to groups
identified as sects came to light in many countries. The Special Rapporteur,
while sympathizing with the legitimate concerns expressed in various State
sectors, whether Governments, parliaments or non-governmental victims'
organizations, points out that the debate about sects and the campaigns against
them are far too impassioned. Since many questions and misunderstandings
surround the definitions and content of the terminologies of sects, new
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religious movements and even formal religion and since in international practice
confusion reigns and States may have diametrically opposed attitudes to the same
group, raising it to formal religious status or pejoratively classifying it as a
sect, the Special Rapporteur feels that an international high-level governmental
conference should be held to study and decide upon a common approach to sects
and religions that respects human rights. He stresses that identifying
solutions will require great tolerance in order for compromises to be found that
reconcile the necessary freedom of religion with the equally necessary
preservation of integration in the national group, as well as equal respect for
the law. The Special Rapporteur also recommends that the Subcommission
authorize a study of the phenomenon of sects and religious freedom.
50. Moreover, the fact is that religious extremism is not yet in retreat and
seems set to continue to pose a threat, sometimes to entire regions. The major
religions are no strangers to extremism and are sometimes exposed to these
terrorist manifestations, which spare neither Governments nor the governed. It
is vital to combat this religious extremism by taking action against both its
causes and its effects and by getting States to define a minimum set of common
rules of conduct and behaviour with regard to it.
51. On a different level, it is of fundamental importance that places of
worship should be reserved for religious, non-political uses, that the legal
system governing political parties should be defined in such a way as to avoid
political variables impinging on religious constants, and that schools should be
protected from all ideological, political or partisan indoctrination. It is not
possible to overemphasize the contribution that schools, and education in
general, can make to transmitting the values associated with tolerance and
freedom.
52. From this point of view, the questionnaire on religious education in
primary and secondary schools could be the starting point of a process to
establish certain minimum common values and principles which might serve as a
foundation for a common programme to foster tolerance and non-discrimination.
For this reason, the Special Rapporteur calls on all States to become involved
by replying to the questionnaire, thereby showing their commitment to a culture
of tolerance.
53. The Special Rapporteur also notes, on the basis of numerous communications,
that the fundamental right of conscientious objection is being denied or
questioned in many States.
54. The Special Rapporteur is therefore anxious to remind States of Commission
on Human Rights resolution 1989/59 of 8 March 1989, which has been reaffirmed on
several occasions, in which the Commission recognizes “the right of everyone to
have conscientious objections to military service as a legitimate exercise of
the right to freedom of thought, conscience and religion as laid down in
article 18 of the Universal Declaration of Human Rights as well as article 18 of
the International Covenant on Civil and Political Rights”, and recommends to
States “with a system of compulsory military service, where such provision has
not already been made, that they introduce for conscientious objectors various
forms of alternative service” which “should be in principle of a non-combatant
or civilian character, in the public interest and not of a punitive nature” .
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S E. In order to help achieve greater respect for and knowledge of the rights
linked to religious freedom, as well as the principles of tolerance and
non-discrimination with regard to religion and belief, the Special Rapporteur
reiterates his recommendations for the implementation of specific programmes of
advisory services and technical assistance (see E/CN.4/1995/91) . A note from
the relevant services of the Centre for Human Rights on the implementation of
such programmes is strongly recommended for the next session of the Commission
on Human Rights.
56. Lastly, in the context of setting up a documentation centre in the Centre
for Human Rights at Geneva, the Special Rapporteur recommends that a department
on religious freedom and human rights should be set up, with the aim of
increasing the amount of information received and collected on the religious
situation throughout the international community and establishing the necessary
databases for more in-depth analysis and study in the area of religious freedom.
57. The Special Rapporteur wishes to express his gratitude to States for their
cooperation and for the opportunities that they have provided for fruitful
dialogue. He particularly appreciated the efforts made by those Governments
which tried to shed some light on the allegations, submitted to them and which
initiated or responded positively to in situ visits. The replies supplied in
this way by Governments and their cooperation with regard to visits are valuable
tools which allow the Special Rapporteur to go on to form an authoritative
opinion on the situation in a given country with respect to religious freedom.
The Special Rapporteur is also grateful to those States which have cooperated
more fully and closely in the recently initiated follow-up procedure to such
visits.
58. The Special Rapporteur wishes to thank the non-governmental organizations
for their excellent cooperation and to emphasize their dynamic role in relation
to the mandate on religious intolerance. Their contribution is of paramount
importance, not only for the day-to-day management of information but also for
the preparation and conduct of in situ visits. The Special Rapporteur pays
tribute to the professionalism and dedication to human rights shown by
non-governmental, international and national organizations from North and South.
He also wishes to encourage initiatives which fall entirely within the scope of
the mandate on the elimination of all forms of intolerance and of discrimination
based on religion or belief, such as the various activities of the Tandem
Project, including its ROBIN (Religion or Belief Information Network)
programme, 3/ and the European Magazine of Human Rights published by the
non-governmental organization Human Rights Without Frontiers as part of the
“Religious intolerance and discrimination” series financed by the PHARE and
Tacis Democracy Programme. 4/ Lastly, the Special Rapporteur thanks the
Non-Governmental Organization Committee on Human Rights for the interest it has
shown, at the United Nations in Geneva and New York, in the mandate on religious
intolerance.
59. As a result of the concerted actions of the international community, States
and non-governmental organizations, a truly international public opinion is
being formed in favour of containing and combating all forms of intolerance and
discrimination based on religion or belief.
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60. In conclusion, the Special Rapporteur wishes to make it absolutely clear
that the resources at his disposal are inadequate for the effective
accomplishment of his mandate. At the moment, there is in fact no correlation
between what is at stake and the resources available. However legitimate the
concerns of the United Nations to cut costs, the Special Rapporteur notes that
the drastic limitations on the number of pages in his reports and on his in situ
visits, as well as on the human and material assistance available to him, are
truly detrimental to his mandate. The Special Rapporteur strongly insists that
the resources assigned to his mandate should be increased, and he is quite
prepared to accept financial contributions from States, non-governmental
organizations and individuals within the framework of a voluntary fund for the
mandate on religious intolerance managed in accordance with United Nations rules
by the administration of the Centre for Human Rights, along the lines of the
fund set up recently for the mandate on the question of violence against women.
Any saving made at the expense of human rights at the present time is a lost
opportunity for human rights which will translate into less freedom, less
tolerance and less humanity.
Notes
1/ Paragraphs 14 and 15 of General Assembly resolution 50/183 read as
follows:
[ “The General Assembly]
Invites the Special Rapporteur, within the terms of his mandate and in
the context of recommending remedial measures, to take into account the
experiences of various States as to which measures are most effective in
promoting freedom of religion and belief and countering all forms of
intolerance;
Encourages Governments to give serious consideration to inviting the
Special Rapporteur to visit their countries so as to enable him to fulfil
his mandate even more effectively;”.
2/ For the status of communications since the fifty-first session of the
Commission on Human Rights, see E/CN.4/1996/95.
3/ The ROBIN programme is a 24-hour-a-day interactive World Wide Web site
on the Internet, using the latest computer technology to collect and report
information on issues relating to freedom of religion or belief and public
policy.
4/ The PHARE and Tacis Democracy Programme is a European Union initiative
to help promote democratic societies in the countries of Central and Eastern
Europe and the newly independent States and Mongolia.
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ANNEX I
A. FOLLOW-UP TABLE ADDRESSED TO THE CHINESE AUTHORITIES
1. Legislation
Recommendations Comments and measures
With regard to the right of freedom to
manifest one's religion, the Special
Rapporteur recommends that amendments
be made to the pertinent legal texts,
such as article 36 of the
Constitution, so as to provide a
constitutional guarantee of respect
for freedom to manifest one's religion
or belief in accordance with
article 1, paragraph 1, of the
1981 Declaration.
With regard to the right of persons
under the age of 18 to freedom of
belief, the Special Rapporteur
recommends that steps be taken to
adopt a provision explicitly
mentioning this right, so as to ensure
the requisite compliance with the
Convention on the Rights of the Child,
especially article 14.
The Special Rapporteur recommends the
adoption of a text recognizing the
right to freedom of belief and freedom
to manifest one's belief for all,
including members of the Communist
Party and other socio-political
organizations.
With reference to places of worship,
the Special Rapporteur recommends that
the notion of a “fixed place” (para. 2
of decree Number 145) be defined so as
to clarify legally the particular
terms, conditions and restrictions
applying to worship at home. The
Special Rapporteur recommends a more
precise definition of the criteria for
the registration of places of worship,
especially the number of believers and
the qualifications of members of
religious orders.
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Recommendations Comments and measures
With regard to religious freedom in
general, the Special Rapporteur
recommends the introduction in the
medium term of a law on religious
freedom, so as to harmonize all the
pertinent legal texts, remedy legal
ambiguities and, in keeping with
established international standards,
overcome the particular fears and
sensitivities prompted by the
distinction between nationals and
foreigners.
2. Implementation of the legislation and policy in force
Recommendations Comments and measures
In order gradually to create a new
culture among administrative and
prison authorities, it is necessary to
define the notion of “trespass to the
person” expressly as an act committed
by a public official, which may be
unrelated to the performance of that
person's duties or of a public service
activity, so that the official has
greater personal liability under civil
and criminal law for direct and
indirect, overt or covert
infringements of or interference with
religious freedom.
The flexible approach between normal
and abnormal religious activities
should be extended so that ultimately
the distinction effectively
disappears.
With regard to the alleged arrest or
detention of members of religious
orders and believers belonging to
unofficial religious organizations
(including members of sects and
Tibetan monks) and restrictions
affecting them, the Special Rapporteur
reiterates his request that these
persons be freed.
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Recommendations
Comments and measures
With regard to Tibet, the Special
Rapporteur recommends that the
balances and compromises required
by
social dynamics be reached, so as
to
avoid the deeply religious being
tempted by religious extremism.
The Special Rapporteur recommends that
religious figures who have served
their sentences for “counter-
revolutionary acts” should no longer
be banned from entering places of
worship. Furthermore, he recommends
that a reasonable balance be worked
out between the number of students of
religion and the quality, duration and
time set aside for their instruction.
Likewise, the basically religious
function of places of worship and the
aim of making them financially
independent should be made reasonably
compatible.
The Special Rapporteur wishes to
stress the importance of giving State
officials and judges adequate human
rights training, especially on the
subject of religious freedom. He
recommends that the technical
assistance and advisory services of
the Centre for Human Rights should
help in this area.
The Special Rapporteur recommends that
the principal texts on religious
freedom should be posted in the
administrative services concerned.
Furthermore, the publication and
distribution of a compendium of texts
on religious freedom, including
implementing instructions, is strongly
recommended. The distribution of
documentation about human rights to
all religious institutions would also
be desirable. The Special Rapporteur
also recommends that citizens and
institutions be informed about appeal
procedures available in the event of a
refusal to register religious
organizations.
Recommendations
Education about tolerance and
non-discrimination against religion
and belief should be considered and
introduced as soon as possible, as a
way of combating all forms of
intolerance and discrimination based
on religion and belief. At the same
time, the Special Rapporteur urges the
creation of universities offering
religious instruction as a main or
subsidiary subject. More broadly, the
Special Rapporteur recommends that a
culture of human rights and in
particular of tolerance should be
spread by promoting the creation of
human rights clubs in universities,
which would strive chiefly to further
the development of tolerance of and
non-discrimination against religion
and belief.
Comments and measures
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B. FOLLOW-UP TABLE ADDRESSED TO THE IRANIAN AUTHORITIES
1. Legislation
Recommendations
Comments and measures
The concept of Islamic criteria as set
forth in article 4 of the Constitution
should be precisely defined in
regulations or legal texts without,
however, giving rise to discrimination
among citizens.
Concerning professional access by
members of minorities to the army and
the judiciary (arts. 104 and 163 of
the Constitution) , a legislative
enactment regulating the
Administration in general should
prohibit discrimination against any
Iranian citizen regardless of,
inter alia , his or her beliefs or the
community to which he or she belongs.
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Recommendations Comments and measures
Although the situation of
non-recognized minorities or
communities, such as the Baha'is, is
covered by articles 14, 22 and 23 of
the Constitution, in which the
concepts of citizen, individual and
person are used, a legislative
enactment should give clearer
recognition to these rights for every
citizen, individual or person
regardless, inter alia , of his beliefs
or the community to which he belongs.
2. Implementation of the legislation and policy in force
(a) Recognized non-Muslim religious minorities
Recommendations
Comments and measures
In the religious field, and
particularly in that of religious
education, instruction manuals should
be compiled in closer, systematic
collaboration with competent
representatives of minorities in order
to ensure that religious beliefs are
correctly transcribed and respected.
In the socio-cultural field, practical
steps should be taken to ensure strict
respect for the principle that
religious laws should be applied in
personal and community affairs,
thereby excluding the application of
the shariah to non-Muslims.
In the field of education, and
especially in minority schools, the
Special Rapporteur recommends freedom
of dress on the understanding that
this should obviously not be exercised
in a manner contrary to its purposes.
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Recommendations
Comments and measures
With regard to managerial posts in the
educational establishments of
minorities, account should be taken of
the special nature of minority
schools, which should be reflected in
their management.
Minorities should collaborate closely
in the formulation of educational
programmes.
In the professional field, the
obligation for owners of grocery shops
to indicate their religious
affiliation on the front of their
shops should be eliminated.
In the judicial sector, the programme
of advisory services of the Centre for
Human Rights should be applied.
Proper training of judicial and, in
general, administrative personnel in
human rights, particularly with regard
to tolerance and non-discrimination
based on religion or belief, would be
highly appropriate.
(b) Baha'is
Recommendations
Comments and measures
The ban on the Baha'i organization
should be lifted so that it can engage
fully in its religious activities.
All the community and personal
property that has been confiscated
should be returned and the places of
worship that have been destroyed
should be reconstructed, if possible,
or, at least, should be the subject of
compensatory measures in favour of the
Baha'i community.
The Baha'is should be free to bury and
honour their dead.
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Recommendations
Comments
and
measures
Concerning freedom of movement,
including departure from Iranian
territory, the question of religion
should be deleted from passport
application forms and this freedom
should not be obstructed in any way.
No discrimination should impede access
by the Baha'is to education in higher
educational establishments or to
employment in the Administration and
in the private sector.
With regard to the judiciary, the
Special Rapporteur reiterates the
recommendations formulated concerning
recognized minorities.
The authorities should review or set
aside the death sentences passed on
Baha'is and should promulgate
amnesties or any other appropriate
measures to prevent the enforcement of
the penalties imposed.
(c) Protestants
Recommendations
Comments
and
measures
The legal status of some religious
associations, including the Universal
Church, should be clarified through
rehabilitation.
The Protestant communities should be
able to engage in their religious
activities in full freedom, except
where restrictions may apply as
provided for in internationally
recognized standards. To that end,
the ban on the Bible Society of Iran
and on the Garden of Evangelism should
be lifted and freedom to write, print
and disseminate religious
publications, including the Bible,
should be fully respected.
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Recommendations Comments and measures
On the specific question of places of
worship and access thereto, all bans
and restrictions should be lifted.
The conduct of services and the
language used therein should also be
left entirely to the discretion of the
ministers of religion concerned, who
should be able to engage in their
religious activities and choose their
mode of expression without being
subjected to any pressure.
The conversion of Muslims to another
religion should in no way give rise to
pressures, bans or restrictions on the
Protestant community, on the converts
or on ministers of religion.
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C. FOLLOW-UP TABLE ADDRESSED TO THE PAKISTANI AUTHORITIES
1. Legislation
Recommendations Comments and measures
Blasphemy as an offence against belief
may be subject to special legislation.
However, such legislation should not
be discriminatory and should not give
rise to abuse. Nor should it be so
vague as to jeopardize human rights,
especially those of minorities. If
offences against belief are made
punishable under ordinary law, then
procedural guarantees must be
introduced and a balanced attitude
must be maintained. While protecting
freedom of conscience and freedom of
worship is clearly a necessity,
applying the death penalty for
blasphemy appears disproportionate and
even unacceptable. The Special
Rapporteur endorses the Government's
proposal to amend procedural aspects
of the blasphemy law and would
encourage it not only to give effect
to this proposal, but also to go
further in amending the law on
blasphemy, and more generally on
religious offences, in accordance with
the views expressed above. The
Special Rapporteur believes that in
any event some practical measures,
especially administrative and
educational ones, should be
implemented pending more substantial
constitutional and legislative
changes.
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Recommendations Comments and measures
The Special Rapporteur recommends that
the authorities should check that
Hudood ordinances are compatible with
human rights and urges that Hudood
penalties, because they are
exclusively Muslim, should not be
applied to non-Muslims. He also
recommends establishing legislation on
non-discriminatory evidence and
advocates a single electoral system,
involving all citizens without
distinction, especially distinctions
based on religion.
With regard to proselytism, conversion
and apostasy, the Special Rapporteur
wishes to draw attention to the need
to abide by international standards
laid down in the field of human
rights, including freedom to change
religion and freedom to manifest one's
religion or belief, either
individually or in community with
others, in public or in private,
subject only to limitations prescribed
by law.
The Special Rapporteur considers that
no mention of religion should be
included on passports, on identity
cards, on application forms or on any
other administrative documents.
Deletion of the statement required of
Muslims regarding non-recognition of
Ahmadis as Muslims in passport
application forms is strongly
recommended.
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2. Implementation of the legislation and policy in force
Recommendations Comments and measures
The Special Rapporteur insists that
all cases of abuse or rape against
girls and women, especially those
belonging to minorities, should be
duly punished. In this respect, the
duty of police authorities to carry
out lawful arrests and searches should
be recalled and applied in practice.
Similarly, police officers should be
held personally responsible, under
both civil and criminal law, for any
arbitrary arrest or detention. An
indisputable record must be kept of
the day and time of any arrest/
detention and the reason for it, while
all legal proceedings and guarantees
must be complied with.
Victims should be duly informed of the
proceedings and guarantees provided by
law.
The Special Rapporteur considers that
there is an urgent need to inculcate a
spirit of tolerance and freedom in
order to ensure that rights and
liberties are enjoyed by all. The
role of the State in this respect is
fundamental and inescapable. There
can be no real and lasting progress as
regards tolerance while the greater
part of the population remains
illiterate and so long as the school
system, the family, the media and
religious practices (regardless of
persuasion) are not called upon to
make a fundamental effort to bring
about a change of attitude and to
ensure that the culture of tolerance
is developed and strengthened. The
State could also play a more active
role in making public opinion more
aware of the culture of tolerance.
With the encouragement of the State,
mass communication media should help
more effectively to combat all forms
of intolerance based on religion or
belief.
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Recommendations Comments and measures
The Special Rapporteur considers that
it would be appropriate to implement
the programme of advisory services of
the Centre for Human Rights and
recalls the recommendations contained
in his 1995 report to the Commission
(E/CN.4/1995/91, chap. IV) . Suitable
training of police and administrative
staff in human rights, especially in
the field of religious freedom, would
be very welcome.
With regard to religious extremism, in
accordance with Commission on Human
Rights resolution 1995/23, the Special
Rapporteur encourages the Government
to restrain it and to take appropriate
measures in conformity with the law.
By adopting and applying appropriate
legislation, the State should
guarantee the neutrality of places of
worship and shelter them from
political excesses and ideological and
partisan struggles.
Official educational policy should be
set out in appropriate framework
legislation aimed at combating
illiteracy more effectively and
advocating values based on human
rights and tolerance, with the purpose
of achieving a balanced development of
the personality, avoiding the extremes
of domination and submission on the
one hand and rebellious tendencies on
the other.
The legislation concerning political
parties should ensure that long-
standing religious values are not
interfered with by short-term
political interests.
The Special Rapporteur requests that
the authorities in all circumstances
ensure the serene operation of justice
by protecting the courts from the
pressures of demonstrations and
crowds.
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ANNEX II
Reply of the Chinese authorities to the follow-up table
The Chinese Government attaches great importance to the work of the Special
Rapporteur on the question of religious intolerance. It has made a careful and
detailed study of the recommendations which he made after his stay in China.
The Chinese Government wishes to reply as follows:
A. Question of legislation
1. Amendment of the constitutional provisions relating to freedom of religion .
Article 36 of the Chinese Constitution provides:
“Citizens of the People's Republic of China shall enjoy freedom of
religion and belief. No public body, social group or private individual
may compel a citizen to practise or not to practise a religion or
discriminate against a citizen who practises or does not practice a
religion. The State shall protect normal religious activities. No one
may, in practising a religion, engage in activities which endanger public
order or the health of citizens or interfere with the system of public
education. Religious groups and religious affairs may not be subject to
any foreign authority.”
The Chinese Government believes that this provision guarantees respect for and
the protection of freedom of religion and belief and, in particular, protects
the right to profess a religion or belief and to engage in normal religious
activities, in keeping with the spirit of article 1 of the United Nations
Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief.
2. Adoption of a legal provision explicitly mentioning the freedom of religion
of persons under the age of 18 . The provisions of the Chinese Constitution and
other legislative texts relating to freedom of religion and belief apply to all
Chinese citizens, including persons under the age of 18.
3. Adoption of a law recognizing freedom of religion and belief for all,
including members of the Chinese Communist Party . The Chinese Constitution
provides that citizens of the People's Republic of China shall enjoy freedom of
religion and belief. This freedom encompasses both the right to have a religion
and the right not to have one. This basic right, as guaranteed by the
Constitution, applies to all Chinese citizens. The Chinese Communist Party is a
grouping that professes the theory of materialism. By voluntarily joining the
Party, citizens attest that in matters of belief they choose materialism, that
is, atheism and not theism. The fact that Communist Party members do not
believe in religion does not contradict the principle of freedom of religion and
belief. Any member of the Party is free to leave it if he no longer believes in
Marxism and starts to practise a religion. State law fully guarantees the right
of citizens to choose whether to have a religion or not.
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4. Clarification of the definition of “place of worship” as referred to in
paragraph 2 of Decree No. 145 of the State Council . Pursuant to the “Places of
worship regime”, namely, Decree No. 145, promulgated by the State Council in
January 1994, the Council's Office of Religious Affairs drew up and issued, in
April of that year, procedures for the registration of places of worship that
explicitly set out the conditions that places of worship must meet in order to
be recognized as such, namely: (a) the place must be a fixed place and have a
name; (b) believers must go there frequently to participate in religious
activities; (c) believers must have set up a governing body; (d) religious
activities must be conducted by members of religious orders or by some other
person designated to that end by the rules of the religion in question; (e) the
place must be subject to a set of rules; (f) the place must be supported from
the proceeds of a legitimate source of income. There are no provisions
regarding the number of believers; the members of religious orders or persons
who conduct religious activities are chosen by each religious order according to
its own rules and customs.
5. Introduction in the near future of a law on freedom of religion in keeping
with established international norms . Since 1982, the legislative branch has
been planning to introduce a basic law on religions. The views of various
interested parties on this point have been sought: religious figures,
academics, jurists and the civil service. The Constitution is the fundamental
law of China and is the basis for all other laws and regulations. With a view
to gradually improving the regime applicable to religious affairs, China is
continuing to debate legislative and regulatory texts and to draft them in
accordance with its Constitution and in the light of the experience of other
countries which have legislation in this area.
B. Implementation of the legislation and policy in force
1. Question of the aggravated personal liability under civil and criminal law
of State officials who violate freedom of religion . Article 147 of the Penal
Code of the People's Republic of China provides:
“Any State official who illegally deprives citizens of their legitimate
freedom of religion or violates the customs and habits of minority ethnic
groups shall be subject, in the case of a serious offence, to a mandatory
sentence of imprisonment or penal detention of up to two years.”
According to this provision, public officials who violate citizens' freedom of
religion are personally liable for the violation.
2. Distinction between “normal” and “abnormal” religious activities .
Religious activities corresponding to rites practised either in a place of
worship or at the home of a believer, depending on the religious custom, are
considered “normal” activities and are accordingly protected by law. The
Government believes, however, that normal religious activities should be clearly
distinguished from all the superstitious activities that do not constitute a
religious activity and that are detrimental to the interests of the State and to
the well-being and property of the people, and from illegal activities that
conflict with the provisions of the Constitution or the laws in force. The
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State protects normal religious activities and prohibits any action which,
masquerading as religion, disturbs public order, endangers the health of
citizens or interferes with the functioning of the national education system.
Persons who commit crimes under cover of religion are subject to investigation
and indictment in accordance with the law.
3. Alleged arrests or detention of members of religious orders and believers
belonging to unofficial religious organizations . China is a State governed by
the rule of law. Chinese law protects freedom of religion and no one may be
arrested or detained for his religious beliefs. Believers and non-believers are
equal before the law. In the punishment of criminals, Chinese courts act
according to the law, whether the persons concerned are believers or not and
whether or not they practise a religion of any kind. Believers, including
clergy, are punished if they carry on illegal activities that have nothing to do
with religion or if they commit crimes under cover of religion. In present-day
society, there is no country whose law blindly protects citizens who carry on
criminal activities simply on the pretext of practising their religion.
4. Banning religious figures who have served sentences for “counter-
revolutionary activities” from entering places of worship . The Chinese
Government imposes no restrictions that would have the effect of preventing
religious figures from entering places of worship, and it has never prohibited
convicts who have served their sentence from entering places of worship.
However, some religious organizations, out of concern for their prestige and
their reputation, decide that anyone who has been convicted of breaking the law
automatically loses his religious status and that the competent religious bodies
must review and attest to the fact that he has been rehabilitated after having
served his sentence.
As regards the quality of religious education, all religious organizations
attach importance to the teaching of religion and to raising the educational
level of their followers. All educational institutions with religious
affiliations determine the duration of their students' religious studies. This
varies from a period of two to three years to a period of four to six years.
Short-term training courses are also offered.
5. Posting, publication and distribution of texts on freedom of religion . The
Chinese Government attaches great importance to the publicity that must be given
to laws, regulations and policies concerning freedom of religion. For instance,
the People's Daily , the most widely read daily newspaper in the country,
published in extenso the two administrative regulations adopted by the State
Council in 1994. The Council's Office of Religious Affairs also published
70,000 copies of the two texts. In collaboration with the review Legal System ,
the Office also writes a specialized column in the People's Daily and in one
year published more than 50 essays familiarizing readers with the regulations
and discussing their implementation. The Policies and Regulations Department of
the Office of Religious Affairs of the State Council has, with the help of the
ministerial services concerned, compiled and published a selection of documents
on religion, comprising texts published in earlier years. Throughout the
country, local authorities also distribute the texts of laws and policies and
publicize legal provisions. The Government intends to continue such activities
in order to increase familiarity with the laws and policies in force concerning
freedom of religion.
