United Nations
AJ54/386
questions, including alternative
enjoyment of human rights and
Distr.: General
23 September 1999
English
Original: English/French
Elimination of all forms of religious intolerance
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 Hum an Rights, pursuant to General Assemblyresolution
53/140 of 9 December 1998.
General Assembly
Fifty-fourth session
Agenda item 116 (b)
iluman rights questions: human rights
approaches for improving the effective
fundamental freedoms
99-27290(E) 211099 301099
A/54/386
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
Contents
Paragraphs Page
I. Introduction 1—2 3
II. Report on communications sent by the Special Rapporteur and replies received
from States since the publication of the report submitted to the Commission on
Human Rights at its fifty-fifth session 3—97 3
A. First series of communications and replies 12—40 4
B. Second series of communications and replies 41—83 7
C. Late replies/failure to reply to communications sent for the fifty-fifth
session of the Commission on Human Rights 84 —95 12
D. Late reply/absence of reply to the communications transmitted for the
fifty-fourth session of the Commission on Human Rights 96—97 14
III. Follow-up of the Special Rapporteur's initiatives concerning the identification
of legislation and the preparation of studies on the subject of tolerance and
non-discrimination based on religion and belief and the creation of a culture of
tolerance 98—102 14
A. Legislation and studies 98—100 14
B. Culture of tolerance 101—102 15
IV Initiatives of the Commission on Human Rights, States and non-governmental
organizations 103—122 16
A. Commission on Human Rights 103—119 16
B. Initiatives by States and non-governmental organizations 120—122 17
V In situ visits and follow-up 123—127 18
VI. Conclusions and recommendations 128—153 19
A. Religious extremism 129—131 19
B. Policies adversely affecting freedom of religion and belief 132 20
C. Discrimination attributed to religion and affecting women 133—153 20
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I. Introduction
1. At its forty-second session, the Commission on
Human Rights decided, byresolution 1986/20 of 10 March
1986, 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 renewed, in particular by resolution 1998/18
adopted by the Commission on Human Rights at its
fifty-fourth session. Since 1988, the Special Rapporteur
has presented the following 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.4/1993/62 and
Corr. 1 and Add. 1, E/CN.4/1 994/79, E/CN.4/1 995/91 and
Add. 1, E/CN.4/1 996/95 andAdd. land 2, E/CN.4/1997/91
and Add.l, E/CN.4/1998/6 and Add.l and 2, and
E/CN.4/l 999/58 and Add. 1 and 2. Since 1994, the Special
Rapporteur has also been submitting interim reports to the
General Assembly (AI50/440, A/5l/542 and Add. 1 and 2,
A/52/477 and Add. 1, and A/53/279). This interim report
is submitted pursuant to General Assembly resolution
53/140 of 9 December 1998.
II. Report on communications sent by
the Special Rapporteur and replies
received from States since the
publication of the report submitted
to the Commission on Human Rights
at its fifty-fifth session
3. This report relates to communications sent since the
publication of the report submitted to the Commission on
Human Rights at its fifty-fifth session and prior to the
closure of that session (8 January-30 April 1999), and to
communications sent since that session (after 30 April
1999). The replies received by the Special Rapporteur are
also reflected.
4. With regardtothe first series ofcommunications, the
following States were contacted: Bangladesh, Bolivia,
Bulgaria, China, Com oros, Democratic People's Republic
of Korea, Eritrea, Greece, India, Indonesia, Iraq, Israel,
Nepal, Pakistan, Peru, Republic of Korea, Russian
Federation, Sri Lanka, Syrian Arab Republic, Tajikistan,
Turkmenistan, Uganda, Uzbekistan and Yemen.
5. Of these 24 communications (including one urgent
appeal to Iraq), sent to 24 States, for which the deadline
for replying has expired, nine States have replied:
Bulgaria, China, Eritrea, Greece, Iraq, Republic of Korea,
Russian Federation, Syrian Arab Republic andUzbekistan.
6. With regardto the second series of communications,
50 allegations (including one urgent appeal to the Islamic
Republic of Iran) were sent to 41 States: Afghanistan,
Azerbaijan, Bangladesh, Belarus, Brunei Darussalam,
Bulgaria, Cape Verde, China (2), Comoros, Côte d'Ivoire,
Cyprus, Dem ocratic People's Republic of Korea, Djibouti,
Dominican Republic, Finland, Gabon, Georgia (2), Greece,
India (2), Islamic Republic of Iran, Israel (3), Kazakhstan,
Kuwait, Malaysia, Maldives, Mauritania, Mozambique,
Myanmar, Nepal, Niger, Pakistan (2), Republic of
Moldova, Samoa, Saudi Arabia, Syrian Arab Republic,
Turkmenistan, Ukraine (2), United Arab Emirates,
Uzbekistan (2), Viet Nam and Yemen.
7. Of the 38 States for which the deadline for replying
has expired, Azerbaijan, Djibouti, Finland, Georgia, the
Islamic Republic of Iran and Kuwait have replied.
8. In total, 65 communications (including two urgent
appeals) were sent to 49 States.
9. Since the deadline for replying has not yet expired
for seven communications, addressed to China, Greece,
India, Israel, Kazakhstan, Uzbekistan and VietNam,these
allegations will be summarized in the next report to the
Commission on Human Rights.
10. The Special Rapporteur has also noted in this report
the replies received and the absence of replies to
communications sent for the Commission's fifty-fourth and
fifty-fifth sessions.
11. The SpecialRapporteurwishestopointoutthatthese
communications do not cover all the incidents and
governmental actions in the world that are incompatible
with the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or
Belief 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/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, this
does not necessarily mean that other types of intolerance
or discrimination do not occur in the same State. The
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communications concern cases of intolerance or
discrimination, but it must be borne in mind that these
cases may represent either completely isolated
manifestations which are exceptional or manifestations that
reveal an overall situation of intolerance and
discrimination. Furthermore, the situations referred to in
the communications may affect freedom of religion and
belief or certain dim ensions of those freedoms. Sometimes
they affect the whole of society or certain communities or
religious minorities. Also, the communications clearly do
not cover all religions and beliefs and the frequency with
which certain religions and beliefs, are referred to in the
communications does not indicate their general situation
in the world.
A. First series of conununications and replies
12. Bangladesh. It is alleged that, on her return to
Bangladesh to be with her sickm other, there were renewed
calls for the murder of the writer Taslima Nasreen by
Muslim extremists, who accused her of blasphemy The
prosecution of the writer under article 295 of the Penal
Code “for having deliberately and maliciously outraged the
religious sentim ents of a class of citizens” is said to have
been resumed; likewise, an order for her arrest and the
confiscation of her property is said to have been issued.
13. Bolivia. The right to conscientious objection on
grounds of religious belief is reportedly not recognized in
law and it seems that there is no provision for any
alternative form of service.
14. Bulgaria. In December 1998, a Jehovah's Witness
was allegedly imprisoned, in accordance with a judicial
decision upheld by the Court of Cassation, because of his
conscientious objection to military service. This sentence
seems to be inconsistent with both the Constitution, which
guarantees the right to perform alternative service, and a
law on alternative service that was adopted in October 1998
and entered into force on 1 January 1999.
15. The Government ofBulgaria confirm edthe sentences
andthe detention ofthe Jehovah's Witness in question, but
stated that this person had been pardoned by the Vice-
President of the Republic and released on 8 March 1999.
The Special Rapporteur thanks the Government ofBulgaria
for its prompt response and, while warmly welcoming the
pardon, wishes to know whether this measure, which does
not solve the problem of principle, was motivated by the
apparent inconsistency of the detention with the
Constitution and the new legislation on alternative service.
16. China. It is alleged that, in October and November
1998 and January 1999, in Henan province, the security
services arrestedm embers of Protestant congregations not
recognized by the authorities. Since the reply by China
could not be translated before the finalization of this
document, it will be summarized in the next report of the
Special Rapporteur.
17. Comoros. The right to conscientious objection on
grounds of religious belief appears not to be recognized in
law.
18. Eritrea. The right to conscientious objection on
grounds of religious belief appears not to be recognized in
law. The Government of Eritrea explained that, under its
legislation, military service is compulsory for a period of
18 months, consisting of six months of military training
and 12 months of civic activities. It stated that no
exemption wasprovided, except in the case of persons who
had fought in the national liberation war. The Special
Rapporteur' s comm ents on the Republic of Korea are also
relevant with respect to Eritrea.
19. Russian Federation. It is reported that, since 1996,
the Moscow Prosecutor of the Northern Administrative
Circuit has brought charges on five occasions against the
congregation of Jehovah's Witnesses in the capital. The
first four cases were abandoned because of lack of
evidence. In September 1998, new charges were brought
under the 1997 Act on freedom of conscience andreligious
organizations in respect of the proselytizing activities of
the Jehovah's Witnesses, which were deemed illegal on the
grounds that they foster religious discord and are a threat
to Russian family life. If this prosecution was successful,
the registration of the Jehovah's Witnesses would be
revoked and their congregation would be banned in
Moscow. Since the reply by the Russian Federation could
not be translated before the finalization of this document,
it will be summarized in the next report of the Special
Rapporteur.
20. Greece. It is allegedthatthe municipality ofGalatsi,
a number of its residents and the officially recognized
Greek Orthodox Church are attempting to take possession
of the Church of Saint Savas in Panorama Galatsiou
region, which belongs to the Old Calendarist Orthodox
Church, despite a judgement in the latter's favour.
Furthermore, members of the Old Calendarist Orthodox
Church are said to have been arrested and charged with
disturbing a religious gathering ofpersons who were in fact
using their church illegally
21. The Government of Greece replied: “On examination
of the case of the property of the Church of Saint Savas in
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the Panoram a Galatsiou region, contested bythe Orthodox
Church and the Old Calendarists', the competent Greek
authorities have concluded that what seems like an act of
religious extremism in the information received by the
Special Rapporteur is in reality a civil law controversy,
upon which the competent Courts of Justice have
undertaken and, as acts liable to punishment have taken
place meanwhile, the case is pending before justice”.
22. India. Violence against Christians, notably in
Gujarat, Uttar Pradesh, Bihar, Orissa, Punjab and
Maharashtra states, is reportedly continuing in the form
of attacks on places of worship, property, churchgoers and
clergy This situation remains unchanged despite the
assurances of the country's highest authorities.
23. Indonesia. It is reported that, in December 1998 in
Jakarta at the beginning ofRamadan, approximately one
thousandMuslim s attacked Catholic and Protestantplaces
of worship as well as a Catholic school. It seems that these
incidents were finally halted by the police and the army.
In November 1998, sectarian clashes allegedlyresulted in
the deaths of 13 Christians and the destruction of churches
and mosques. These events are said to have occurred in
part because of religious extremism affecting the Muslim
and Christian communities.
24. Iraq. The urgent appeal sent to Iraq concerned the
assassination ofAyatollah Mohamm ad Sadeck al-Sadr and
his two sons and the subsequent demonstrations by Shiites
in the suburbs of Baghdad, and in Kerbala and Nassiriya.
This appeal also drew attention to allegations ofrepression
by the armed forces (25 persons assassinated and 250
injured in Baghdad).
25. The Government oflraq replied that it was committed
to guaranteeing the freedom of its various communities and
religions and the security of their national and religious
symbols, in accordance with the rights and guarantees of
the Constitution and the national legislation. It added that
the guaranteeing of the security of all Iraqi citizens was the
responsibility of the Iraqi State and its people. It
emphasized that the murder of Ayatollah Mohammad
Sadeck al-Sadr was a great loss for Iraq since he had been
a great imam and an authority on Islam, devoted to
education, prayer, national unity and the fight against
forces hostile to Iraq. In particular, he had called for a
jihad against the imperialist forces that were oppressing
the Iraqi people bymeans ofan economic blockade and air
strikes. It stated that those making accusations againstlraq
without waiting for the results of the investigation under
way were the same persons who had accused the Iraqi
Government of imposing Ayatollah Mohammad Sadeck
al-Sadr as a religious leader. The Government asked how
its Government can be accused of the murder of this
dignitary when he had condemned the allies of the United
States of Am erica andthe UnitedKingdom ofGreatBritain
and Northern Ireland, who, styling themselves the “Iraqi
opposition”, were seeking the financial support of the
American Administration for the purpose of sowing
discord in Iraq. The United States and its allies should be
the subject of the accusations. The allegations of
dem onstrations and arrests were disputed. The Government
stated that Arab and foreign news services that had visited
the areas concerned had reported that the situation was
calm and normal, and said that it would transmit the
results of the investigation under way The Special
Rapporteur is awaiting with interest the outcome of this
investigation.
26. Israel. Ultra-orthodox Jews are said to be creating a
climate of intolerance in Israel. In November 1998, in
Kiryat Malachi, an American couple engaged in
humanitarian work with Ethiopian immigrants was
allegedly attacked by young ultra-orthodox Jews who
suspected them of proselytizing. In the town of Beersheba
(Negev), one thousand ultra-orthodox Jews (haredim),
acting on a rumour spread in the synagogues alleging that
the Messianic Jews intended tobaptize Jewish children, are
reported to have laid siege to the place of worship rented
by the Messianic Jews. The police apparently guarded the
building in order to maintain order, but subsequently told
the leaders of the congregation that they must protect the
area themselves. A chief rabbi from Beersheba spoke on
television and in the newspapers of his opposition to the
messianic group and its activities. It would seem that this
person is in fact the brother of a member of the Knesset
who supported a draft law banning religious conversion
(E/CN.4/1998/6). In Mea Shearim, ultra-orthodox Jews
allegedly attacked the residence of three Swiss Christians,
whom they accused of proselytizing. Despite the absence
of any reply by Israel, the Special Rapporteur wishes to
recall the responsibility of the State in the fight against
intolerance and discrimination, in this instance in respect
of freedom of religion.
27. Nepal. It is alleged that, in November 1998, in
Rukum, the police executed two Christian leaders of the
Taka Church, whom they suspected of belonging to the
Maoist organization waging a civil war in remote areas of
Nepal. It would appear that the Christian community is in
fact subjected to pressure by Maoists hostile to their
religious practices, by the police, who execute Christians
suspected of being Maoists, and by Hindu militants of the
Bharatiya Janata Party, who target Christians.
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28. Uganda. The national legislation reportedly does not
guarantee the right to conscientious objection on grounds
of religious belief
29. Uzbekistan. An official of the SeventhDayAdventists
was reportedly arrested in November 1998 on the grounds
that his congregation was not registered and that he had
no pastoral qualifications. He is said to have been released
after paying $1,000 andto have left the town where he was
arrested. In the town ofNavoi, the Seventh Day Adventists
are reported to have built a church which the authorities
are refusing to register.
30. In a detailed reply dealing with the case of arrest
summarized above, the Government of Uzbekistan
explained that the individual in question had violated the
legislation on religious organizations by reason of the
activities he engaged in without the Seventh Day
Adventists being officiallyregistered in the town of Karshi.
It confirmed that he had been sentenced to a fine in
accordance with the Code ofadministrative responsibility,
and explained that he had left the town to return to his
place of residence. It added that the Seventh Day
Adventists were registered by the Justice Department in
Navoi region on 13 January 1999. In that respect, the
Government explained that any religious organization
couldbe established on the initiative of at least 100 citizens
aged 18 or over and permanently resident in the territory.
For the coordination and supervision ofreligious activities,
a central administrative body could be established by the
Constituent Assembly of representatives of the religious
organization registered, operating in at least eight
territorial divisions ofUzbekistan. Areligious organization
acquired legal status and could carry on its activities only
after being registered by the Ministry of Justice and its
representatives in the province. The Special Rapporteur
wishes to draw attention to the fact that regulation of the
exercise of worship, while being useful and very often
necessary, must not constitute an obstacle to freedom of
religion.
31. Pakistan. In Karachi, four men were reportedly
murdered by Shiites in January 1999 while at prayer in a
mosque. The police are said to have arrested members of
the Sipah-e-Sahaba extremistgroup, who reportedly denied
any responsibility In December 1998, a bomb is said to
have exploded in the cathedral, injuring a worshipper. In
addition, an Abmadi was reportedly murdered by a member
of an anti-Abmadi organization.
32. Peru. Following an order of May 1998 amending the
legislation on exemption from property tax for religious
organizations recognized by the State, a number of
Christian congregations, particularly Evangelist ones,
reportedly ceased their activities because of the absence of
financial resources needed to pay taxes. In Lima, some of
these organizations are said to have filed a complaint
against the municipal authorities on the grounds that the
order did not apply to the Catholic church, which was
contrary to the constitutional principle of equality before
the law.
33. Syrian Arab Republic. The right to conscientious
objection on grounds of religious belief is reportedly not
recognized by law. The Government of the Syrian Arab
Republic replied that there were no cases of conscientious
objectives on grounds of religion and belief in its territory.
The Special Rapporteur thanks the Government of the
Syrian Arab Republic for its reply, and would like to know
whether Syrian legislation guarantees conscientious
objection.
34. Republic of Korea. The national legislation
reportedly does not guarantee the right to conscientious
objection on grounds of religious belief.
35. In its reply, the Government ofthe Republic ofKorea
emphasized the importance it attaches to freedom of
religion and belief, while recalling its sovereign right and
responsibility for defence ofthe territory and maintenance
of public order in conformity, according to its
representatives, with the provisions of article 29 of the
Universal Declaration of Human Rights providing for
limitations for purposes of public order and the general
welfare. It explained that the unique security situation of
the Korean peninsula made the maintenance of a system
of compulsory and universal conscription inevitable. It
added that the introduction of an alternative form of service
would be difficult because public opinion was sensitive to
equity in the performance of military service.
36. The Special Rapporteur, while understanding the
concerns of the Government of the Republic of Korea,
wishes to recall that the United Nations Commission on
Human Rights, in several resolutions such as resolution
1998/77, recognized 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 International
Covenant on Civil and Political Rights and General
CommentNo. 22(48) of the Human Rights Committee. It
also reminded States with a system of compulsory military
service, where such a provision has not alreadybeen made,
of its recommendation that they provide for conscientious
objectors various forms of alternative service which are
compatible with the reasons for conscientious objection,
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of non-combatant or civilian character, in the public
interest and of not punitive nature. Moreover, it should be
pointed out pursuant to article 4 of the International
Covenant on Civil and Political Rights, freedom of belief
cannot be subject to limitations, on the understanding that
it is distinct from the freedom to manifest a belief, which
can be subject to limitations as provided for by
international law.
37. Sri Lanka. Two Seventh Day Adventists, including
a pastor andpastor's son, were reportedly arrested in 1998
and are said to have been detained since then on the basis
of apparently unjustified suspicion of involvement in
terrorist activities. The Special Rapporteur would like to
receive the views and comments of the Government of Sri
Lanka as soon as possible.
38. Tajikistan. The national legislation reportedly does
not guarantee the right to conscientious objection on
grounds of religious belief.
39. Turkmenistan. The President of the Central Asian
Conference of Seventh Day Adventists has reportedly had
books written by him confiscated. This congregation is said
not to have been registered by the authorities in the town
of Ashgabat.
40. Yemen. The right to conscientious objection on
grounds of religious belief is reportedly not recognized by
law.
B. Second series of communications
and replies
41. Afghanistan. The Taliban continue to apply a system
of discrimination against women based on their own
interpretation of Islam. Women are subjected to total
segregation within society, such as exclusion from any
employment and from educational institutions. Their status
as second class citizens is said to be reflected in the
following prohibitions: they are not allowed to drive, they
are kept separate from men in buses, they have to be
accompanied by a close male relative whenever they leave
the home and whenever they visit a doctor, doctors are not
allowed to touch wom en patients, they are requiredto wear
the burqa.
42. Saudi Arabia. The legislation, which is said to be
based on religious norms, is reportedly not gender-based.
Women are said to be discriminated against in the
following ways: they are not allowed to drive a motor
vehicle, they enter buses by an entrance separate from that
for men and sit in a section different from that for men,
they enjoy limited access to public facilities when men are
present, they require the authorization of a close male
relative for admission to hospital treatment and for travel
abroad, they can study abroad only ifthey are accompanied
by the spouse or an immediate male relative, when in
public, they are required to observe the rules governing
dress, in the shariah courts, testimony by a man is said to
be equivalent to the testimony of two women, in divorce
cases, women have to show legally specified grounds,
something which is reportedly not required of men.
43. Saudi Arabia askedthe Special Rapporteur to indicate
“(1) the basis on which this allegation has been raised
within the mandate of the Special Rapporteur on the
question ofreligious intolerance, (2) what is the connection
between the Commission on Human Rights resolution
1998/8 and the status of women in Saudi Arabia and (3)
what is the relevant link which the Office of the High
Commissioner for Human Rights deems appropriate
between the status of women in Saudi Arabia and the term
‘religious intolerance”. The Special Rapporteur informed
the Government of Saudi Arabia that the Commission on
Human Rights, in its resolution 1999/39 entitled
“Implementation of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on
Religion and Belief', urged States to take all necessary
action to combat hatred, intolerance and acts of violence,
intimidation and coercion motivated by intolerance based
on religion or belief, with particular regard to religious
minorities, and also including practices which violate the
human rights of wom en and discriminate against women.
It also stressed the need for the Special Rapporteur on
religious intolerance to apply a gender perspective, inter
alia through the identification of gender-specific abuses,
in the reporting process, including in information
collection and in recomm endations. In his lastreport to the
Commission on Human Rights (E/CN.4/1999/58), the
Special Rapporteur analysedthe communications from the
standpoint of the principles, rights and freedoms
enunciated in the Declaration. This analysis included seven
categories of violations, in particular violations against
women. Non-discrimination for reasons of, inter alia, sex
is also covered by the Universal Declaration of Human
Rights and the International Covenant on Civil and
Political Rights. These provisions were also included in
resolution 1998/18 relating to the mandate of the Special
Rapporteur. Communications sent by the Special
Rapporteur relating to the situation of women that are
reportedly based on religious norms cover any country and
any religion, and not in particular the Kingdom of Saudi
Arabia. The Special Rapporteur also askedthe Government
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of Saudi Arabia whether the allegations were correct and
to give its views and observations concerning these
allegations, in particular whether the alleged situation of
women is based on religious norms.
44. Azerbaijan. The national legislation reportedly does
not guarantee the right to conscientious objection on
grounds of religious belief.
45. The Government of Azerbaijan repliedthatthe State
Military Commissioner had no case on record of citizens
objecting to military service on religious grounds, and that
the Constitution andthe legislation provided for alternative
service for conscientious objectors.
46. Bangladesh. Despite legislation that guarantees
freedom of religion and its manifestations, in fact foreign
missionaries reportedly have to limit their religious
activities, particularlythose addressed to Muslims. Where
women are concerned, the Muslim Family Ordinance
reportedlyplaces them in a disadvantageous position where
divorce is concerned. In addition, despite the existence of
legislation protecting women against arbitrary action
where divorce is concerned, these provisions reportedly do
not cover unregisteredtraditional marriages in rural areas.
In December 1998, a decision by the Supreme Court
overruling a verdict which recognized the right of a
divorced Muslim wife to alimony from her former husband
until she remarried or died is said to have resulted in the
restoration of a law limiting the payment of alimony to
only three months.
47. Belarus. A 1995 directive by the Cabinet ofMinisters
reportedly restricts the religious activities of foreign
missionaries exclusivelyto institutions which invited them.
Unregistered religious organizations are said not to be
authorized to invite foreignreligious personnel. Moreover,
local authorities reportedly refused requests by Seventh
Day Adventists to rent public buildings for religious
purposes, which it is said poses a problem in that in many
places no private place of worship is said to be available
to them.
48. Brunei Darussalam. By reason of legislation
apparentlybased on religious norms, women are reportedly
victims of discrimination in many areas, including divorce,
custody of children and transmission of citizenship. The
Nationality Act is said to provide for transmission of
citizenship solely by the father. Consequently, a Brunei
Darussalam wom an married to a foreigner wouldbe unable
totransmither citizenship to her children even if they were
born in Brunei Darussalam.
49. Bulgaria. Since 1998, the Ministry ofEducation has
reportedly introduced an optional course on religions into
the secondary school curriculum. It is alleged that this
course, designed to reflect all religions, in fact pays more
attention in the textbooks to the Bulgarian Orthodox
Church. The Muslim community is said to have
complained of the inadequate treatment accordedtolslam
in the course and its textbooks.
50. Cape Verde. In July 1998, three Seventh Day
Adventists were reportedly arrested after being accused by
the police of setting fire to and stealing from Catholic
churches. Despite the apparent absence ofproof, two of the
accused are said to be still in detention, and the third to
have been released pending a trial that has been postponed
several times.
51. China. In January 1999, the Tibetan Communist
Party Propaganda in Lhasa reportedly launched a three-
year campaign to promote atheism in order to undermine
the influence of Buddhism and of the Dalai Lama. In
Beijing in April 1999, more than 10,000 members of the
Falun Gong movement are said to have demonstrated in
protest against the arrest of a number of their fellow
members who opposed the ban on their leader's writings.
The activities of Falun Gong are also reportedly banned in
a number of towns in the north-east.
52. Cyprus. According to various sources, the policy of
intolerance and religious discrimination in the territories
under the control of the Turkish army is continuing. The
church of Panayia Chriseleousa in Katopia village is said
to have been converted into a mosque, while the oldest
church in the village has reportedly been stripped of its
contents. The church of Saint Afxentios in Komi Kepir
village has also reportedly been subjected to acts of
vandalism, interalia theft of the frescoes.
53. Comoros. The religious activities of Christians are
said to be restricted when they are addressed to Muslims.
54. Cote d'Ivoire. Muslims arereportedlydiscriminated
against in the allocation of community radio stations.
Whereas the Catholic community is said to have received
official approval for four radio stations, the Muslims have
allegedly been deprived of them in that the authorities
made it a condition that all the Muslim associations should
agree to share a single radio frequency An agreement of
this kind within the Muslim community, which has a
wealth of diverse associations but cannot be likened to a
single, hierarchized church representedby a single official,
is reportedly not possible. This situation, it is argued,
prevents the establishment of Muslim radio stations. In
November 1998, 60 Seventh Day Adventists were
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reportedly driven from their village by members of a tribe
of the Harris faith.
55. Djibouti. The religious activities of non-Christians
are reportedly confined to the private sphere by reason of
the ban on public preaching, particularly among Muslims.
The legislationguaranteeing the same rights to women and
to men is said to be affected by religious traditions
attributed to Islam. Authorization by a man is reportedly
necessary for a woman wishing to travel abroad.
56. The Government of Djibouti rejected these
allegations, stating that it is known as one of the most, if
not the most, tolerant of all the Islamic States. It
emphasized that a number of important sites in the capital
are non-Muslim religious buildings in which believers can
practise their faith freely. Djibouti, it said, is characterized
by the practice of tolerance and religious freedom.
57. United Arab Emirates. Christians are reportedly
unable to undertake religious activities among Muslims.
58. Finland. The duration of the alternative service for
conscientious objectors reportedly gives the appearance of
being punitive. The Government of Finland submitted a
very detailed reply recalling inter alia that conscientious
objection was legallyrecognized in 1931 andthatrequests
for conscientious objector status are approved without any
inquiry As to the amendm ents to the Military Service Act
(in 1998) and the Civilian Service Act (in 1999) and
following the reductions in the duration of certain forms
of military service, the Government explained that
Parliament had decided to maintain the duration of non-
military service. The duration of that civilian service had
been discussed in Finland. “Military service has been
estimated to be more straining both physically and
psychologically, the actual daily/weekly time of duty is
longer, there are fewer financial benefits and freedom of
movement and other aspects of personal freedom are more
restricted. Furthermore, persons who complete military
service are under obligation to do refresher training later.
There is no equivalent to this for persons performing
civilian service. Due to the different nature of the types of
service, comparing is difficult. Finland will follow closely
the functioning of the current system.” The Finnish
Government also took the initiative of addressing its
position with regard to the application of the 1981
Declaration in the area of education. The Special
Rapporteur wishes to thank the Government for its
detailed, closely argued and balanced response and for the
extremely useful information relating to education.
59. Gab on. Notwithstanding a satisfactory situation in
the area of freedom of religion and belief, the community
of Jehovah's Witnesses is reportedly subject to a
government ban which, though not applied de facto, is
formallymaintained, weakening the community in the long
term. Where women are concerned, some legislation,
influenced by traditional beliefs, is said to be
discriminatory, in particular the requirement for a woman
wishing to travel abroad to obtain her husband's
permission.
60. Georgia. The 1997 Alternative Service Act was
apparently never applied or accompanied by the
mechanisms required for its implementation. The duration
ofthe service established by law was punitive in character.
It was reported that the procedure for the restitution of
religious property confiscated during the Soviet era
continued to be fraught with serious difficulties. The
Armenian and Catholic churches were isolated. It was
reported that a fam ous Armenian church in Tbilisi is still
closed. Despite a court decision calling for the restitution
of a synagogue to the Jewish community, the building was
allegedly still being used as a theatre by the occupants.
Under pressure from the Georgian Orthodox Church, the
authorities were making it difficult to secure a permit to
build places of worship for the Protestant and Armenian
orthodox communities.
61. The Government of Georgia replied that its
Constitution and Penal Code guaranteed freedom of
religion and belief and the Governm enthad taken positive
measures in the area of human rights. It explained, for
instance, that no cases of torture or arbitrary arrest had
been reported and that the authorities were doing their best
to guarantee the right to manifest one's religion and belief
(meetings and places of worship). It pointed out that the
educational system provided an understanding of tolerance
and respect for freedom of religion and belief, specifically
through the study of hum an rights, debates and symposia.
It acknowledged that there had been incidents in some
parts of the country but they had been cleared up. With
regard to the restitution of a synagogue, the Government
explained that the occupants were demanding to be paid
for their repair work, alleging that it was a study centre,
that the building had been rented to a theatre company and
not to the State and that the two existing Tbilisi
synagogues were sufficient to accommodate the religious
rites of the Jewish community. It stated, with regard to the
Catholic andArmenian churches, that they had not claimed
restitution of their property in a court of law. It pointed out
that they had no claims against the Orthodox Church and
that there was nothing to impede fulfilment oftheir request
to build new churches provided it was in keeping with the
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law. Finally, it mentioned that a place of worship had been
allocated to the Catholic Church in Tbilisi.
62. India. The Christian community was reportedly still
feeling uneasy. Their uneasiness was not the result of
isolated incidents, but of a resurgence of Hindu militancy
and the Hindu policy with respect to minorities. In order
to broaden their electoral base and thus their impact on the
population, militant Hindu groups were deliberately
attacking the Christian minority and its institutions in the
education, health and social sectors because of their
influence on the Indians, especially those who were the
most disadvantaged or living in remote areas of the
country Presumablythose Hindugroups were using illegal
methods and were accusing the Christians of trying to
convert India to their beliefs. It was alleged further that
they were conducting a hate campaign against Christians
through the media, pamphlets and posters. The campaign
was allegedly being financed by Hindu organizations
abroad. Apparently, the authorities had not taken any
definite action to remedy the situation. The chief
perpetrators of the murder of Pastor Graham Staines and
the rape of the nuns (see report E/CN.4/1999/58)
reportedly had not been arrested and, shielded by that
situation of impunity, there had been continuing attacks
on Christians, such as the rape of two girls, the abduction
of another and the desecration of a place of worship. The
women andgirls of the community seemedto have become
the chief targets of the militant Hindus. Women were
reportedly especially affected by discriminatory acts based
on religion or religious traditions. The “personal status”
laws classified women as inferior. The “status laws” that
applied to Muslims apparently entitled men to unilateral
divorce if they so desired, but not women. The “status
laws” that applied to Christians entitled men to seek
divorce on grounds ofadulterywhereas wom en hadto show
proof of special abuse and claim redress under certain
categories of adultery only. Among Hindu women,
although sati and the dowry were prohibited under
customary law, those traditions were apparentlynottotally
eradicated in some rural areas.
63. Iran (Islamic Republic of). There was an urgent
appeal about the arrest of 13 members of the Jewish
community, including rabbis and religious teachers, in the
cities of Shiraz and Ispahan. Theywere reportedly accused
of spying for Israel and the United States, whereas the real
reason they were arrested was that they were Jewish.
64. The Government of the Islamic Republic of Iran
replied that the suspects arrested for spying included both
Christians and Muslims, that the investigation and the
arrest had taken place without regard for their religious
beliefs and were instead a matter of safeguarding national
security A communiqué from the Jewish community was
also transmitted stating that like every other religious
minority, that community was well treated by the Islamic
Republic of Iran and enjoyed the constitutional rights of
citizenship and thatthe arrests and charges against certain
Iranian Jews had nothing to do with their religion. Foreign
press releases were also transmitted.
65. Israel. The Israeli Government and the military
administrations were said to be pursuing a policy aimed at
forcing the Christian communities out of Jerusalem. The
Palestinian Christians of East Jerusalem were allegedly
being stripped of their right of residence by having their
identity cards confiscated and very few drivers' licences
issued to them, the purpose being to raise the prices of
housing and encouraging the building of illegal housing
which could then be demolished. All the Christian
communities of Jerusalem would lose members as a result
of the policies and practices described above. Women
would sometimes suffer discrimination in matters of
divorce. Rabbinical courts deliberately gave preference to
men, for example, by allowing a husband to remarry
notwithstanding his wife's dissent or by not penalizing a
husband who refused to consent to a divorce despite the
sound and well-founded reasons given by the wife.
Similarly, some Islamic courts reportedly denied any
request for divorce from a wife but would grant it to any
man notwithstanding his wife's dissent.
66. Kuwait. Despite some progress in advancing women's
rights, women were said to be adversely affected by certain
laws based on religious criteria. It was claimed that they
suffered discrimination in the following respects: the
consent of the husband was mandatory if the wife sought
to obtain a passport; marriage between Muslim wom en and
non-Muslim men was prohibited; and in the Islamic courts,
the testimony of one man was equivalent to that of two
women. Since Kuwait's reply could not be translated before
this document was issued, it will be summ arized in the next
report of the Special Rapporteur.
67. Malaysia. Christians were allegedly subject to
restrictions on all religious activities compared with
Muslims. Despite progress in the legislation governing
property and divorce, non-Muslim wom en reportedly
suffered discrimination under the “personal status” laws.
68. Maldives. Protestants are reportedly forbidden to
practise their religion in public because the conversion of
Muslims to another religion is allegedly prohibited. The
conversion of Muslims is said to be punished by loss of
citizenship.
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69. Mauritania. Protestants are said to be subjected to
restrictions with regard to all religious activities
concerning Muslims.
70. Mozambique. Despite the progress made by the
Government, the restitution of property confiscated from
the Catholic Church and the Muslim community in 1975
following the attainment of independence has not been
completed.
71. Myanmar. The authorities are reportedly pursuing
their policy of intolerance and discrimination against
minorities: Muslim sin the states of Arakan and Karen and
Christians in the states of Chin and Karen. In January
1999, the activities undertaken bythe Christian community
of Chin to comm em orate the centenary of Christianity were
allegedly opposed by the military by various means, such
as prohibiting the erection of a cross on Vuichip mountain,
arrests of clergy and the refusal to grant visas to foreign
guests.
72. Niger The legal status of women is said to be
unfavourable. A draft family code aimed at eradicating all
discrimination with regard to the ownership of property
and the custody of children in the event of divorce, as well
as the practice of repudiation, was reportedly blocked by
the hostility of extremist Muslim organizations. Women
supporting this draft have allegedly been threatened by
extremists invoking Islam.
73. Uzbekistan. Several Jehovah'sWitnesses are said to
have been arrested and fined or even imprisoned for
religious activities which were illegal because their
congregations had not been registered.
74. Pakistan. Muslim extremists are reportedlystill using
the blasphemy acts against the Ahm adi community These
extremists are said to have threatened the police in order
to make them register their complaints about blasphemy
In Karachi, a Muslim wom an who convertedto Christianity
was allegedly harassed by Muslim clerics and other
Muslims. The woman's children are said to have been
expelled from their schools because ofher conversion. The
police were informed of these developments but allegedly
took no action.
75. The curriculum of secondary schools apparently
includes mandatory Islamic instruction for Muslim
students, who must take exam son the subject. Reportedly,
students from non-Muslim communities are denied this
opportunity with regard to their own religions. Students
in non-Muslim private schools can receive religious
instruction, but this is not officially recognized at the
national level.
76. SyrianArabRepublic. The Seventh Day Adventists
are said to be requesting the restitution of their religious
property confiscated in 1969. They would reportedly like
to be able to resume their activities in the Syrian Arab
Republic.
77. Republic of Moldova. The legislation reportedly
makes no provision for alternative service for conscientious
objectors, who can allegedly be imprisoned. The authorities
apparently refuse to register the Jehovah's Witnesses as a
recognizedreligion, mainlybecause theyobjecttomilitary
service. The Baptist Church, which has allegedly met with
a similar refusal, is said to be forbidden to distribute its
literature and to organize public meetings. The legislation
apparently prohibits forced proselytism but is said to
contain vague definitions. Reportedly, the local authorities,
under pressure from the Orthodox Church, have refused
to allow the Seventh Day Adventists to rent public
buildings for religious activities.
78. The Government of the Republic of Moldova states
that its Constitutionguarantees freedom of conscience and
worship according to the law. A law on alternative service
was adopted in July1991. It also states that the Jehovah's
Witnesses and the Union of Baptist Churches were
registered on 27 July 1994 and 2 May 1995 respectively
79. DominicanRepublic. Members ofthe national police
must allegedly attend Catholic mass. The Catholic Church
is said to be given preferential treatment by the
Government, especially with regard to the granting of
public funds for church expenditures and tax exemptions
on imported goods.
80. Samoa. Despite the constitutional provisions
guaranteeing freedom of religion and worship, village
councils in fact sometimes engage in discriminatory
behaviour, including the expulsion of people not sharing
the belief prevailing in the village and the destruction of
their property.
81. Turkmenistan. The legislation on freedom ofreligion
and religious organizations allegedly sometimes creates
serious difficulties for minorities in the areas of religion
and belief With regard to the registration procedure, the
criterion of 500 members (500 citizens who are at least 18
years of age) is apparently applied locally and not at the
national level. Consequently, every minority must
reportedly have at least 500 members in each town where
it wished to carry out its activities. Because they are not
registered, the Jehovah's Witnesses are allegedly fined for
holding private meetings. A Jehovah's Witness was
reportedly sentenced to prison for expressing his
conscientious objection to military service. Despite the
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legislation forbidding discrimination against women, the
latter are apparently still affected by religious traditions,
especially with regard to marriage. The religious
authorities are said to counsel their faithful in ways
detrimental to women.
82. Ukraine. The duration of alternative service for
conscientious objectors is apparently punitive in character.
Moreover, it is said that only members of officially
registeredreligious communities whose doctrines prohibit
military service can perform alternative service. Christian
communities which are not indigenous to Ukraine
reportedly encounter difficulties. The legislation on
freedom of conscience and religion apparently states that
the religious activities of foreigners must be confined
strictly withinthe framework of the host organizations and
must be approved by the authorities which registered the
congregations concerned. The procedures for the
registration of religious organizations originating outside
Ukraine were said to be delayed by the local and regional
authorities, which allegedly impedes the acquisition of
property The Seventh DayAdventists reportedly encounter
difficulties in educational institutions in the case of
examinations scheduled for the sabbath. The same problem
apparently arises in the workplace.
83. Yemen. Christian communities reportedly cannot
engage in religious activities vis-à-vis Muslims. The
correspondence of the clergy is apparently sometimes
monitored by the authorities in order to prevent any
proselytism. Women are allegedly affected by certain laws,
which seem to be based on religious rules: in particular,
a woman wishing to obtain a passport and travel abroad is
said to need the permission of her father or husband.
C. Late replies/failure to reply to
conununications sent for the
fifty-fifth session of the
Commission on Human Rights
84. Germany (reply to the communication contained in
document E/CN.4/1999/58 (para. 29)). The authorities
confirmed that the tennis player Arnaud Boetsch had lost
a contractwith a private tennis club which had come under
pressure from its main sponsors because ofhis membership
in the Church of Scientology They added: “If Boetsch's
contract ... were subject to German labor law (dependent
working relationship), he could have challenged the club's
decision to end his contract at court. It is not known
whether this was the case. In any case, such a step was not
taken by A. Boetsch who, in his later correspondence with
the tennis club, was represented by a lawyer. “The
authorities were unable to obtain any information about the
Spanish musician Enrique Ugarte. With regard to the
Berlin police director, the authorities confirmed that an
investigation had been openedto determine whether he was
a member of the Church of Scientology; in the meantime,
he had not been suspended from work but had in fact been
assigned to non-sensitive special duties. The inquiry
having shown that he was not a member of the Church of
Scientology, he had been reinstated in his previous field
of work in July 1998 and had received a promotion.
85. Bu lgaria (ibid., para. 46) provided a detailed reply
concerning the cases and situations mentioned by the
Special Rapporteur. The authorities confirmed that a
workshop on Islam organized by citizens of Saudi Arabia
in violation ofthe law had been discontinued at the express
request of the regional mufti. According to the law on
religious denominations, religious manifestations maybe
organized only by, or with the consent of, officially
registered denominations. In this case, the office of the
chief mufti had not been informed that the workshop was
tobe held. Moreover, the Saudi Arabian clerics had entered
the country with tourist visas, which did not authorize
them to carry out religious activities.
86. The expulsion of an Austrian Jehovah's Witness
following an earlier sanction under the Law on Foreigners
Residing in the Republic of Bulgaria was confirmed. With
regardto the case oftwo Bessarabian Jehovah's Witnesses,
it was explained that an order banning them from entering
the countryhadbeen issuedbecause their residence permits
had expired and not because of their beliefs. During their
appeal, the couple had been granted Bulgarian nationality
and the order banning them from the countryhad thus been
annulled. The authorities stated that the Directorate on
Religious Denominations andthe ChiefProsecutor' s Office
had not received anyinformation concerning attacks on the
Bulgarian Church of God. The Directorate had
nevertheless contacted the High Priest of that church, who
according to the authorities had described the incidents as
insignificant. The confiscation of the religious building of
the Emmanuel Bible Centre was confirmed. This case,
which is linked to violations of the Law on Territorial and
Urban Development, is being prosecuted in the courts.
Concerning the programmes hostile to the Jehovah's
Witnesses, broadcast by a local television station, the
authorities stated that the programmes, which contained
accusations concerning the kidnapping of children and
incitation to suicide, resulted from a private investigation
conducted by a journalist and that the local leaders of the
Jehovah's Witnesses communityhadnot complained about
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them. Nevertheless, it was stated that in order to prevent
a possible negative campaign in the local media, the
authorities had organized a workshop on freedom of
religion and belief In the framework of that workshop the
head of the Directorate had held a meeting with the
representatives of the local private television network for
the purpose of putting an end to the broadcasting of such
programm es. Itwas confirmed that dem onstrations against
Jehovah's Witnesses had taken place in Plovdiv. It was
explained that the demonstrations had been organized by
the Social Committee for Resistance against the Sects,
formed by parents concerned about cases of child abuse
committed by sects in other countries. It was emphasized
that the demonstrations did not actually constitute a case
of religious intolerance. Lastly, the authorities
acknowledged that Bulgaria's human rights record, like
that of other countries, was not perfect and that incidents
could sometimes occur at the local level. However, it could
notbe saidthat a climate of intolerance vis-à-visminorities
prevailed in the media or in society as a whole. During the
current period of transition, the Government was taking
concerted practical measures to improve national
legislation and practice aimed at strengthening the
guarantees concerning freedom of religion and belief A
law on alternative service for conscientious objectors had
been adopted, hum an rights had been included in the
curricula of educational institutions and a campaign had
been conducted to raise public awareness with regard to
those subjects.
87. China (ibid., para. 47) stated, with regardto the case
of Yulo Dawa Tsering, that after the latter had been
released on parole he had worked in the mail service at the
Hotel Hada in Lhasa. He had, moreover, been denied access
to the Gandan Monastery and the University ofLhasa. The
case was said to fall within the jurisdiction of the internal
administrations of the Monastery and the University, with
which the Government was not supposed to interfere. It
was emphasized that Yulo Dawa Tsering enjoyed good
living conditions, benefited from all the civil rights
provided by the Constitution, and was not subjected to any
repressive measures by the public security services.
88. Egypt (ibid, para. 50). In a detailed reply, Egypt
described its cooperation with the United Nations organs
involved in efforts to combat terrorism in all its form sand
manifestations, which is a global phenomenonjeopardizing
political stability, economic development, personal
development and the fundamental rights of persons. The
reply recounted Egypt's efforts, consisting not only of
action in the areas of the judiciary and of security but also
of measures to educate and sensitize society to the
principles of hum an rights. Mention was made of the fact
that Egypt had been awarded the UNESCO Prize for
Children's and Young People's Literature in the Service
of Tolerance. It was explained thatguidelines hadbeen laid
down by the Ministry of Public Worship to ensure that
serm ons reflected the principles of religious tolerance and
that places of worship resumed their traditional role of
places for the teaching of morality, good example and the
principles of solidarity, mercy and fraternity, with the goal
of positive interaction with society. In addition, several
ministries were responsible for the modernization of the
centres providing refresher courses, sensitization and
training, in order to prepare the integration of adolescents
in society and to ensure that they do not become involved
in destructive situations. Lastly, it was explained that
combating terrorism required a constant effort to improve
the quality of life, to develop employment opportunities
and to eliminate the phenomenon of economic, political
and cultural marginalization.
89. India (ibid., para. 61). Indiaprovidedaverydetailed
reply on incidents of violence against the Christian
minority. Reference was made to Indian secularism as the
foundation of the Constitution and political system, to
religious, ethnic and linguistic pluralism, to the
constitutional guarantees of freedom of religion and
minority rights and to the existence of a National
Commission on Minorities. Information was then given on
incidents affecting Christians. The following cases were
summarized by the Special Rapporteur. In the case of
Graham Staines, it was stated that 50 suspects had been
arrested and that others were being sought, that an
investigation was under way and that the incidenthad been
condemnedbythePresidentandthePrimeMinister. Itwas
recalled that, following a ministerial visit to the scene, a
detailed report had been transmitted to the Government
and a commission of inquiryhad been appointed which was
to report within a period of two months. The National
Human Rights Commission was also following the case.
Concerning the case ofthe nuns who had been raped, it was
stated that Christian and Hindu suspects had been arrested
and that others were being sought, and that the case
concerned a criminal action by inebriated persons rather
than a communal crime. Concerning the attacks against
members of the Assembly of the Church of Believers
during a prayer session, itwas explainedthattheyhad been
perpetrated by anti-social elements alleging that the
organization was engaged in religious conversion. It was
added that conciliation efforts had been initiated
immediately, that efforts were being made to bring the
culprits tojustice and that the religious meetings had been
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able to resume. Concerning incidents between Christians
and Hindus in the state of Gujarat, it was reported that
these incidents had followed stone-throwing by young
Christians reacting to provocative slogans chanted by
Hindus participating in a rally. The authorities had made
arrests and deployed security officers, and Peace
Committees comprising members of all communities had
been set up. Compensation had been paid for damaged
property Lastly, the Central Government has sent a
mission to investigate on site.
90. Iran (Islamic Republic of). Mr. Jamal Hajipour and
Mansour Mihrabi were arrested on charges of spying for
foreign countries and acting against national security In
conformity with due process of law, they were tried by a
competent court in Birjand. The court found them guilty
of charges and in accordance with articles 498, 499, 508
and 510 of the penal code sentenced them to two years'
imprisonment. The verdict was confirmed by branch 8 of
the Khorassan court of appeal. Later, after serving half of
their term,they requested clemency and conditional release
which was approved by the court of appeal of Khorassan.
Consequently, Mr. Jamal Hajipur was released on
23August 1998 andMr. MansurMihrabiwasreleasedon
24 August 1998.
91. Mr. DaryoushFaez was attained on charges of active
participation in an illegal institution. He was later released
to parole in February 1999. Allegation of confiscation of
his properties is categorically unfounded. The lawsuits
against Messrs. Soheil Golkar, Enayat Mazlomi and
Rezvan Ashrafwere referred to the office of the Prosecutor
and resulted in “writ of stay”. There are no legal records
for Messrs. Riaz Eighanian, Kamran Mortezaei, Hootan
Kasivi, Foad Sanaei, Rezvan Tavakoli, Rabi (Zabih) Fakhr
Toosi, Misaq Laqaei, Khairollah Bakhshi, Aref Aqdasi
(Aqdami), Naeim Khazeei, Mafkhari and Mrs. Faranak
Eiqani.
92. Messrs. Abbas Koohbour, Peyman Ghadami,
Ghodratollah Rafiei, Arash Kousary and Kambiz Moradi
were detained on charges of conducting illegal activities
on 29 September 1998 in Kermanshah Province and were
subsequently released in less than 24 hours.
93. Malaysia (ibid., para. 72). Malaysia stated that eight
persons hadbeen detained not for having professed Shiism
as the faith of their choice but because of their activities
to spread Shiism, described by Malaysia as “a sect of Islam
that is deviant to the mainstream of Islam in Malaysia”. It
was emphasized that these activities undermined the
religious harmony in Malaysia and could have led to
animosity among the Malaysian Muslims professing the
Sunni faith. Concerning the conversion of a Muslim
woman to Christianity, it was said that no threats had been
made against her or her family and that the family had not
lodged any complaint.
94. Sudan(ibid.,para. 96). The authorities statedthatthe
Khartoum Catholic Club had been closed on purely
technical grounds connected with the city development
project. It was added that the authorities were ready to
allocate new locations for such establishments.
95. The Special Rapporteur has still not received replies
to the communications sent in connection with the report
to the fifty-fifth session of the Commission on Human
Rights from the following 20 States: Albania, Angola,
Cyprus, Democratic People'sRepublic of Korea, Georgia,
Ghana, India (communication concerning women), Iraq,
Kazakhstan, Latvia, Mali, Mauritania, Pakistan, Republic
of Moldova, Russian Federation, Spain, Sudan
(communication concerning the disappearance of a
convert), Turkmenistan, Ukraine and Yemen.
D. Late reply/absence of reply to the
communications transmitted for the
fifty-fourth session of the
Commission on Human Rights
96. Mozambique (see E/CN.4/1998/6). Mozambique
explained that a dispute had arisen concerning the
organization Arco Iris Ministries, which had been
organizing religious activities during class hours.
Following a procedure for settlement of this matter by the
authorities and the head of the centre, Arco Iris Ministries
hadbeen informed that non-compulsoryreligious activities
could take place during non-teaching time.
97. The analysis of the communications concerning the
1981 Declaration coversthe violations identified in earlier
reports violations of the principles of non-
discrimination and tolerance in the areas of religion and
belief, of freedom of thought, conscience and religion and
belief, of freedom to express one's religion or belief, of
freedom to dispose of religious property, of the rightto life,
physical integrity and health, and women's rights. The
Special Rapporteur believes that it would even be
appropriate to distinguish between threats to minorities in
the area of religion and of belief Because of the page limit
for reports, the Special Rapporteur decided to make a
detailed analysis within the framework of his conclusions.
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II I. Follow-up of the Special
Rapporteur' s initiatives concerning
the identification of legislation and
the preparation of studies on the
subject of tolerance and
non-discrimination based on religion
and belief and the creation of a
culture of tolerance
A. Legislation and studies
98. In the area of legislation, as statedinhis latestreport
submitted to the Commission on Human Rights
(E/CN.4/1999/58), the Special Rapporteur wishes to
compile a compendium of national enactments relating to
freedom ofreligion and belief Such a collection, regularly
updated and available to all in a data bank at an Internet
site, would be useful, on the one hand, to
intergovernmental organizations (such as UNESCO and
OSCE), States and non-governm ental organizations
engaged in activities with a direct or indirect link to
freedom of religion or belief and, on the other hand and in
particular, to the United Nations human rights bodies
(Commission on Human Rights, Subcommission for the
Promotion and Protection of Hum an Rights, treaty bodies
such as the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on
the Rights of the Child, the Committee on the Elimination
of Discrimination against Women, the Committee on the
Elimination of Racial Discrimination) and the special
procedures, such as the mandate ofthe Special Rapporteur
on Religious Intolerance relating to his activities to
examine allegations, prepare in situ visits and their follow-
up, research, studies and advice.
99. To date atotal of49 States have repliedto the Special
Rapporteur's requests to provide the text of the
constitutions in force or any other text equivalent to a
constitution, as well as the text of legislation and
regulations concerning religious freedom and public
worship: Algeria, Arm enia, Azerbaijan, Bangladesh,
Bolivia, Cambodia, Cape Verde, Chile, Cuba, Cyprus,
Czech Republic, Denmark, Djibouti, DominicanRepublic,
Ecuador, Estonia, Ethiopia, Finland, former Yugoslav
Republic of Macedonia, France, Indonesia, Israel, Italy,
Japan, Jordan, Kuwait, Malta, Mauritius, Namibia,
Pakistan, Poland, Portugal, Qatar, Republic of Korea, San
Marino, Saudi Arabia, Seychelles, Slovakia, Spain, Sudan,
Sweden, Switzerland, Syrian Arab Republic, Turkey,
United Kingdom of Great Britain and Northern Ireland,
Uruguay, Venezuela, Viet Nam and Yugoslavia. It would
be highly desirable for all States to cooperate not only by
sending the requested texts but also by updating the
documents already transmitted.
100. As far as studies are concerned, the Special
Rapporteur reiterates his recommendation that research
shouldbe conducted, withinthe framework ofhis mandate,
to improve understanding of situations and complex and
sensitive phenomena, on the following topics: (a) status of
women with regard to religion and human rights; (b)
proselytism, freedom of religion andpoverty; and(c) sects,
new religious movements and communities of religion and
belief and human rights.
B. Culture of tolenince
101. As explained in earlier reports, as regards
discrimination and intolerance based on religion or belief,
and in fact as regards all violations of human rights,
prevention is the top priority andurgentneed. Intervention,
often ex post facto, in cases and situations constituting
violations, cannot continue without attention to the
underlying causes and attempts to avertthem. This concern
was shared by the Commission on Human Rights which,
in its resolution 1994/18, encouraged the Special
Rapporteur on religious intolerance to examine the
contribution that education can make to the more effective
promotion of religious tolerance. This interest was
reiterated each year by the General Assembly. This year,
in its resolution 1999/39 on the mandate of the Special
Rapporteur, the Commission encouraged States to prom ote
and encourage in particular through education
understanding, tolerance and respect in areas relating to
freedom of religion or belief In its resolution 1999/82
entitled “Defamation of religions”, addressed in particular
to the Special Rapporteur on religious intolerance, the
Commission stressed “the importance of creating
conditions to foster greater harmony and tolerance within
and among societies and the importance of education in
ensuring tolerance of and respect for religion and belief'.
102. Believing that school is an essential factor in the
transmission of values geared to human rights and
therefore in the emergence of a culture of tolerance and
non-discrimination as regards religion or belief, the
Special Rapporteur initiated an inquiry in 1994, through
a questionnaire addressed to States, on the problems
relating to freedom of religion and belief seen through
curricula and textbooks at institutions of primary or basic
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and secondary education. Seventy-seven States replied to
this questionnaire and this should make it possible to
formulate an international education strategyto combat all
forms of intolerance and discrimination based on religion
andbelief Because of the lack ofresources allocated to this
mandate, the analysis of the replies was delayed and has
not been completed. For this reason, the Special
Rapporteur this year formulated a plan to finalize this
activitybyNovember 2001, the anniversary of the adoption
of the Declaration on the Elimination of All Forms of
Intolerance and Discrimination based on Religion or
Belief Initially, this plan provides for completion of the
study of the replies to the above-mentioned questionnaire
and for the formulation of a “prelim inaryset of conclusions
and recommendations”. In a second phase, an international
consultative conference would be prepared and held in
November 2001 on the content of curricula and textbooks
at institutions of primary or basic and secondary education
relating to freedom of religion and belief This conference
will examine the results of the questionnaire and will
propose an international education strategy to combat all
forms of intolerance and discrimination based on religion
or belief, by formulating a joint basic programme of
tolerance and non-discrimination which canbe transmitted
to the relevant United Nations organs in the form of a
declaration. The finalization of the plan and its
implementation will necessarilyrequire the cooperation of
all the intergovernmental organizations, human rights
bodies in the UnitedNations system andnongovernm ental
organizations.
IV. Initiatives of the Commission on
Human Rights, States and
non-governmental organizations
A. Commission on Human Rights
103. This year, the Commission on Human Rights took
two initiatives concerning the mandate of the Special
Rapporteur: firstly, as regards the World Conference
against Racism and, secondly, as regards the question of
defamation of religions.
104. As regards the World Conference against Racism,
paragraph 63 (c) of resolution 1999/78 entitled “Racism,
racial discrimination, xenophobia andrelated intolerance”
requests the High Commissioner for Human Rights to
invite the Special Rapporteur on religious intolerance to
participate actively in the preparatory process and in the
World Conference by initiating studies on action to combat
incitement to hatred and religious intolerance. Paragraph
7 of resolution 1999/39 entitled “Implementation of the
Declaration on the Elimination ofAll Forms of lntolerance
and ofDiscrim ination Based on Religion or Belief' invites
the Special Rapporteur to contribute effectively to the
preparatory process for the World Conference to be held
in 2001 by forwarding to the High Commissioner his
recommendations on religious intolerance which have a
bearing on the World Conference”. It should also be noted
thatresolution 1999/82 entitled “Defamation ofreligions”
expresses concern at any role in which the print, audio-
visual or electronic media or any other means is used to
incite acts of violence, xenophobia or related intolerance
and discrimination towards Islam and any other religion
and called upon the Special Rapporteurs on religious
intolerance and on racism, racial discrimination,
xenophobia andrelated intolerance to take into account the
provisions of the resolution when reporting to the
Commission on Human Rights.
105. In accordance with the resolutions summarized
above, the Special Rapporteur has already recommended
the following studies:
Image of religious minorities in the media
106. As explained by the Special Rapporteur, in several
mission reports (GermanyE/CN.4/1998/6/Add.2; United
States of Am ericaE/CN. 4/1999/58/Add. 1), the media, and
in particular the popular press, all too often portrays
matters relating to religion and belief in particular
religious minorities, in a grotesque, not to say totally
distorted and harmful light. The Special Rapporteur has
recommended starting a campaign to develop awareness
among the media on the need to publish information that
respects the principles oftolerance andnon-discrimination.
These measureswould alsomake itpossible to educate and
shape public opinion in accordance with these principles.
The study would therefore identify the role of the media in
hatred and religious intolerance vis-à-vis religious
minorities, their responsibilities and would recomm end
preventive measures, including action to be taken under
the Office of the High Commissioner for Human Rights
advisory services programme.
Intolerance against ethno-religious
communities: identification and measures
107. The study would identify main factors of intolerance
against ethno-religious communities, its manifestations
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and would recommend measures to combat and prevent
them.
108. The Special Rapporteur is also encouraging research
on ways in which intolerance and discrimination based on
religion or belief impact racial discrimination. In this
connection, the recommendation of the representative of
the Holy See, made during the preparatory process to the
Conference against Racism, isverysound: “There is aneed
to go deeper than historical, cultural, political or social
contexts and to identify and understand the spiritual and
moral dimensions which underlay the universal human
condition and in particular those aspects of it leading to
abuses of racial discrimination.”
109. The Special Rapporteur of course wishes the
necessary resources to be made available to him for the
preparation of these studies.
110. As regards defamation ofreligions, the Commission
on Human Rights adopted resolution 1999/82 entitled
“Defamation of religions” (see above, paras. 104 and 107),
in which it expresses deep concern atnegative stereotyping
of religions, also expresses deep concern that Islam is
frequently and wrongly associated with human rights
violations and with terrorism, expresses its concern at the
role of the media and calls upon the Special Rapporteur on
religious intolerance to take into account the provisions of
the present resolution when reporting to the Commission
on Human Rights.
111. The Special Rapporteur shares the Commission's
concern about any threat to religions through defamation.
As the Commission very rightly pointed out, all religions
are or maybe affected by this violation. For this reason, as
shown in the Special Rapporteur's mission reports
[ Pakistan (E/CN.4/1996/95/Add.1) and Sudan
(A/51/542/Add.2)] and in the information obtained from
States regarding their legislation concerning freedom of
religion and belief (para. 101 above), most States have
incorporated provisions to punish defamation (for example,
blasphemy) in their legal, constitutional, legislative and
penal systems, on the understanding that there must be a
precise definition of this offence, a specific legal system
and an appropriate system of proof.
112. This concern was also expressed in
intergovernmental regional organizations. For example,
in its recommendation 1996(1999) entitled “Religion and
democracy”, the Council of Europe stated: “Manyconflicts
also arise from mutual ignorance, the resulting stereotypes
and, ultimately, rejection. In a democratic system,
politicians have a duty to prevent a whole religion from
being associated with actions carried out for instance by
fanatical religious minorities.” Similarly, OSCE, at its
Supplementary Human Dimension Meeting: Freedom of
Religion (Vienna, 22 March 1999) identified in its
annotated agenda, in the part entitled “Religious pluralism
and limitations on freedom of religion”: “Problems
encountered by new and minority religions, for example
actions that create harmful stereotypes and promote
prejudice against religious minorities”.
113. The Special Rapporteur has also found that religious,
particularly Muslim, minorities were the butt of prejudice
and stereotyping. This finding therefore echoes
paragraph 2 of resolution 1999/82. In this connection, and
in accordance with paragraph 3 of that resolution, the
Special Rapporteur has described in his mission reports on
Australia (E/CN.4/1 998/6/Add. 1), Germany
(E/CN.4/1998/6/Add.2) and the United States
(E/CN.4/1999/58/Add.1) the association of Islam with
religious extremism and terrorism found in the media and
particularly in the popular press. Recommendations have
been made on this subject (see mission reports and para.
102 above).
114. The Special Rapporteur naturally acknowledges the
danger represented by the extremism of groups claiming
allegiance to Islam. However, it is important to distinguish
between such extremists using Islam for political purposes,
who are in fact in the minority, and the majority of
Muslims practising Islam in accordance with the principles
of tolerance and non-discrimination.
115. The Special Rapporteur has also found that non-
Muslim religious minorities were victims of defamation,
as shown in his reports on missions to Pakistan and to the
United States.
116. The Special Rapporteur believes that it is important
to indicate that defamation and stereotyping may stem from
intolerance and/or inter-religious and also intra-religious
ignorance but that they usually exist in the context of an
adversarial relationship between majority and minorities.
117. Lastly, it should be emphasized that there are
growing problems between traditional majority religions
and sects/new religious movements but also between
believers and non-believers.
118. The Special Rapporteur alsowishesto stress another
concern relating to efforts to combat defamation: these
should not be used to censure all inter-religious and intra-
religious criticism or even as am cans of repression against
minorities in the area of religion and belief For example,
the legislation on blasphemy in Pakistan is used,
principally by extremists, in order to repress the Ahmadi
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andChristian minorities. Bythis legislation, the State also
forbids Ahmadis to claim allegiance to lslam (see mission
report on Pakistan and communications on Pakistan in the
general reports). Several other communications from the
Special Rapporteur, particularly the one on Bangladesh
concerning Taslima Nasreen, illustrate the danger that
efforts to combat defamation (particularlyblasphemy) may
be manipulated for purposes contrary to human rights.
119. Mindful of the concerns which have been expressed
bythe Commission on Hum an Rights andwhich he him self
has voiced, the Special Rapporteur will continue to devote
special attention to the question of defamation and to
formulate recommendations.
B. Initiatives by States and
non- governmental organizations
120. The Special Rapporteur wishes to thank Norway and
the Holy See for the voluntary contributions made for the
fulfilment of his mandate.
121. He welcomes the fact that a number of States are
taking the initiative of transmitting to him information
relevant to his mandate, particularly Belgium and Egypt
this year.
122. The Special Rapporteur also thanks non-
governm ental organizations for their initiatives, including
the organization of conferences on subjects related to
freedom of religion and belief, sending of books and all
other relevant documentation and sharing oftheir expertise
in specific areas.
V. In situ visits and follow-up
123. In accordance with the resolutions ofthe Commission
on Hum an Rights and of the General Assembly, the Special
Rapporteur continued his efforts with respect to in situ
visits. Two reports issued in 1999 dealt with visits made
to the United States ofAmerica and VietNam during 1998;
thus, the Special Rapporteur has carried out 10 missions
since his appointment (see table 1 below). He plans to visit
Turkey in December 1999. Unfortunately, as shown by
table 2, the Governments of four States (Indonesia, Israel,
Mauritius and the Russian Federation) which the Special
Rapporteur has requested permission to visit (in some
cases, as long ago as 1996) still have not replied. The
Special Rapporteur has reminded these States of the need
for cooperation, as stressed in Commission on Human
Rights resolution 1999/39, paragraph 9, which “calls upon
all Governments to cooperate fully with the Special
Rapporteur on religious intolerance, to respond favourably
to requests from the Special Rapporteur to visit their
countries and to give serious consideration to inviting the
Special Rapporteur to visit so as to enable him to fulfil his
mandate even more effectively”. In 1999, he addressed
requests for in situ visits to Argentina, Bangladesh and the
Democratic People's Republic of Korea.
124. In addition to his requests for permission to make in
situ visits and to conduct them in the field, the Special
Rapporteur has continuedhis mission follow-up procedure,
established in 1996, in order to elicitcomments from States
and information concerning measures planned or taken on
the basis of the recommendations made in the mission
reports. As seen in table 3, follow-up tables were sent to
Australia andGermanyin 1999; noreplyhasbeenreceived
to date. Furthermore, it should be noted that Viet Nam
submitted a preliminary reply (E/CN.4/1999/156) to the
SpecialRapporteur'smission reporttothe Commission on
Human Rights at its most recent session. While awaiting
the more detailed reply which the Government has
promised to submit, the Special Rapporteur will soon send
follow-up tables to both Viet Nam and the United States
ofAmerica.
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Table 1
Country Per iod
Report
China November 1994
E/CN.4/1995/9 1
Pakistan June 1995
E/CN.4/ 1996/95/Add.l
Iran (Islamic December 1995
Republic 00
Greece June 1996
E/CN.4/1996/95/Add.2
A151/542/Add.l
Sudan September 1996
India December 1996
A151/542/Add.2
E/CN.4/ 1997/9 1/Add.l
Australia February-March 1997
E/CN.4/1998/6/Add. 1
Germany September 1997
E/CN.4/ 1998/6/Add.2
United States January-February 1998
of America
E/CN.4/1999/58/Add.l
Viet Nam October 1998
E/CN.4/ 1999/58/Add.2
Table 2
Country Date of request
Rem inders
Indonesia 1996
X
Mauritius 1996
X
Israel 1997
X
Russian Federation 1998
X
Argentina 1999
Bangladesh 1999
Democratic People's 1999
Republic of Korea
125. The Special Rapporteur considers in situ visits and
follow-up to be one of the best means of gathering
information on the situation prevailing in a State and on
how far it has progressed in ensuring freedom of religion
and belief at the legal, political and de facto levels and
within the framework of a balanced examination of gains
and deficiencies withregardtothe 1981 Declaration. They
constitute an impartial, objective instrument for an analysis
that will benefit the Special Rapporteur, the State to which
the visit was made and all parties concerned, namely,
non-governm ental organizations (NGOs) and individuals,
and especially victims, involving each of them in this
process of dialogue, exchange and mutual assistance.
Table 3
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Country
Date of subm issionof
follow-up table
Rep ly
China
1996; A151/542
1996; A151/542
Pakistan
1996; A151/542
1997; A152/477/Add.l
Iran(Islamic
Republic 00
1996; A151/542
No reply
Greece
1997; A152/477/Add. 1
1997; E/CN.4/1998/6
Sudan
1997; A152/477/Add. 1
1997; A152/477/Add. 1
India
1997; A152/477/Add.l
1998; A153/279
Australia
1998; E/CN.4/1999/58
Reply not yet received
Germany
1998; E/CN.4/1999/58
Reply not yet received
126. This year, the Special Rapporteur decided that in
addition to his “traditional” visits, he would visitthe major
religious communities in order to establish a direct
dialogue on the subject of the 1981 Declaration and on all
issues relating to freedom of religion or belief and to
consider solutions to whatever problems of intolerance and
discriminationmight arise. In September1999, the Special
Rapporteur will visit the Holy See.
127. The SpecialRapporteuralsodecidedtovisitthemain
intergovernmental institutions working directly or
indirectly in the area of tolerance and of discrimination
based on religion or belief Accordingly, he visited the
headquarters ofthe UnitedNations Educational, Scientific
and Cultural Organization (UNESCO) in 1999 and decided
to strengthen his cooperation with that agency. He also
plans to visit the Organization for Security and
Cooperation in Europe (OSCE) to discuss arrangements
for mutual cooperation.
VI. Conclusions and recommendations
128. A study ofthe communications sent in the context of
this report and ofthe Special Rapporteur' s mission reports
for 1999 reveals several general trends: an increase in
religious extremism, the continued existence of policies
adversely affecting freedom of religion and belief and the
persistence of discrimination againstwomen. The Special
Rapporteur has tried to trace the development of each of
these trends.
A. Religious extremism
129. As in his previous reports, the Special Rapporteur
notes the persistence of various types and degrees of
Islamic extremism (particularly in Afghanistan,
Bangladesh, Indonesia, Niger and Pakistan). However, it
is evident that this phenomenon has spread to other
religions, as seen by the rise in Hindu extremism directed
against Christian and Muslim communities and,
potentially, against religious minorities in India and even
in Nepal. The Muslim extremism which broke out in
Indonesia has also, in some cases, led to violent counter-
attacks by Christian extremists. Judaism may also be
subjected to distortion in Israel by Jewish extremists. Thus,
no religion is free from extremism: it may be inter-
religious (directed against religious communities of
different faiths), intra-religious (within the same religion
and, in particular, between different sects) or even both at
once. The most striking example is that of the Taliban,
who, in the name of religion, are persecuting not onlynon-
Muslim minorities, but alsoMuslims: both Afghan Muslim
minorities (i.e., the Shiites) and the Muslim majority
subject to the Taliban's diktat. The most common victims
of the various types of extremism are:
(a) Minorities (both the followers of other religions
and different groups within the same religion) are usually
the preferred targets of extremists (in, for example,
Afghanistan, India, Indonesia, Israel, Niger andPakistan);
of course, this does not preclude potential or actual
persecution of the majority;
(b) Women are also a prime target of extremists,
whether through discriminatory measures that place them
in an inferior position and even (in the case of
Afghanistan) deprive them of all rights; or, with increasing
frequency, through violence in the form of assault,
attempted murder, murder, abduction and, in many cases,
rape. Violence against women appears to be extremists'
instrument of choice as a means of terrorizing whole
communities through, inter cilia, attacks on women's
dignity and on the “honour” of the entire community
130. In addition, extremism is often practisedbynon-State
entities. These maybe groups acting out of pure fanaticism
associated with ignorance or obscurantism or extremist
religious groups with a deliberate plan to impose their
religious interpretation on the whole of society. In most
cases, however, they are extremist “professionals” who use
religion for political purposes in other words, in order
to seize power. However, it must be acknowledged that
these non-State entities do not operate in a vacuum and
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that in almost every case, they continue to exist and to
grow with the tacit but known support of Governments,
including foreign Governments.
131. Lastly, religious extremism should be viewed in the
larger context of the economic, social and political
conditions that foster it. At the national and international
levels, unjusteconomic, social andpolitical systemswhich
really constitute violations of economic, social, cultural,
civil and political rights contribute to the birth and/or
nurturing of extremism.
B. Policies adversely affecting freedom of
religion and belief
132. The Special Rapporteur notes the persistence of such
policies and considers that the following developments at
the national level need to be recognized:
(a) State policies against religion and policies
designed to control religious matters in the name of a
political ideology have continued to decline since the end
of the cold war; although they do persist in some countries
(China, Democratic People's Republic of Korea, Viet
Nam), but in more subtle forms. Officially and publicly,
at least, it is no longer a question of eliminating religions
originallyperceived as superstitions or as “the opium ofthe
people”, but rather of recognizing them and permitting
their practice, but under the strict control ofthe authorities.
In the circumstances, this constitutes interference with
religion that is incompatible with international law. In
most cases, such interference takes the form of compelling
the clergy and believers to limit their activities to
officially-recognized, State-controlled religious groups,
places ofworship and religious institutions. These policies
include, on the one hand, those of States (such as China
and Viet Nam) where the limited opportunity for freedom
of religion, although it should be expanded in accordance
with international law, nevertheless constitutes progress;
and, on the other, that of a State (Democratic People's
Republic of Korea) which uses a semblance of religion for
propaganda purposes abroad;
(b) Authoritarian regimes continue to implement
policies of intolerance and discrimination against
communities perceived as “the enemy”, as “a threat” or as
inconsistent with the Government's programme;
(c) Conflicts of a primarily political nature
continue to result in policies and practices of intolerance
and discrimination against certain ethnic and religious
groups (i.e. the Israeli Government's policy with respect
to non-Jewish groups in Jerusalem and the Chinese
Government's policy in the Tibet Autonomous Region of
China);
(d) States which have an official religion or where
most of the population belong to the same religion tend to
implement discriminatory policies and measures (such as
restrictions on religious activities and the manifestations
thereof) against religious minorities, including Muslims
in many Western, and some African, countries and non-
Muslims in several Asian and African countries;
(e) Agrowing problem comm on to alm ost all States
isthatthepolicies andmeasuresimplementedwithrespect
to sects or new religious movements often involve
numerous human rights violations, including refusal to
recognize them as religious communities; refusal to allow
them to register; barring the members from places of
worship; failure to recognize certain of their tenets, such
as conscientious objection; and, in some cases, even arrest,
detention and other punishments. Many of the
communications received by the Special Rapporteur
involve the countries of Eastern Europe, where large
numbers of such groups have emerged since the end of the
cold war and are in direct competition with the so-called
“traditional” religions which hope to resume the role that
theyplayed prior to the establishment of the socialist bloc,
not only in society but also in the Government. However,
this is also a problem in Western Europe, where several
parliamentary commissions of enquiry have been
established. On the other continents, Governments
sometimes react with extreme severity. For example, in
Pakistan, the Ahmadis claim to be Muslims but are
considered a sect by the authorities, which categorically
reject this claim and punish them severely, whereas in
China, members of the Falun Gong have been arrested.
C. Discrimination attributed to religion and
affecting women
133. In the context ofthe communications transmittedby
the Special Rapporteur, such discrimination relates to
legislation, civil status texts and their interpretation,
tradition, intolerance often through ignorance on the part
of society, and so-called religious extremism.
134. As regards legislation, most of the discrimination
derives from the requirement that women receive the
authorization of men to obtain a passport and to travel
abroad (Gabon, Kuwait, Saudi Arabia, Yemen). In Saudi
Arabia, such freedom ofmovement appears to be restricted,
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even non-existent, given that a woman going abroad to
study has to be accompanied by a family member, that
wom en are prohibited from driving motor vehicles and that
access to buses and public facilities is subject to
segregation. Legislation may also discriminate in favour
of men in divorce proceedings (Bangladesh, Brunei
Darussalam), custody of children (Brunei Darussalam) and
testimony, the evidence of one man being equivalentto that
oftwowomen (Kuwait, Saudi Arabia). In Kuwait a Muslim
woman would not be allowed to marry a non-Muslim.
Lastly, legislation may require that women be dressed in
a certain way The most manifest and insidious case in
which women are deprived totally of their rights results
from legislation which recognizes the transmission of
citizenship to children only through the male line.
135. The interpretation by the courts of civil status texts
relating principally to the family (marriage, divorce, etc.)
also appears to affect women in many instances by placing
them in an unfavourable situation, whether they are
Muslim (India, Israel, Kuwait), non-Muslim, Jewish
(Israel) or Christian (India, Malaysia).
136. Traditions attributable to religion are very often an
obstacle to the implementation of legislation that treats
women more fairly. Accordingly, in India the legally
prohibited suttee and dowry traditions persist in some rural
areas. In Djibouti the prior consent ofa man for any travel
abroad by a woman appears to be maintained by tradition,
while in Turkmenistan the religious authorities seem to
invoke tradition in order to instil in their followers an
archaic perception of women.
137. Society can be a source of intolerance principally
because, through ignorance or obscurantism, certain
discriminatory attitudes towards women are associated with
religious precepts. In Pakistan, for example, awomanwho
has converted to Christianity may find herself ostracized
and rejected by society.
138. Women are the prime target of the evil known as
religious extremism. The State's responsibilityto eradicate
violations in this field is established in international law
and must be fully exercised.
139. To sum up, despite some limited progress in matters
of freedom of religion and belief, especially since the end
of the cold war, the Special Rapporteur finds not only that
manifestations of intolerance and discrimination based on
religion and belief persistbut also that religious extremism
is on the rise. Apart from society in general, persons
particularly affected are women and those professing a
minority religion or belief
140. The Special Rapporteur believes, that in order to deal
with the above situation, it is essential to focus on
prevention, while, of course, maintaining ongoing
measures to counter current violations.
141. As the Special Rapporteur has stressed, preventive
action should focus chiefly, although not exclusively, on
education. It will be recalled that the Commission on
Hum an Rights in resolution 1999/39 on the mandate ofthe
Special Rapporteur urged States to prom ote and encourage,
through education and other means, understanding,
tolerance and respect in matters relating to freedom of
religion or belief
142. The Special Rapporteur is therefore continuing his
project for the formulation of an international educational
strategy to prevent all forms of intolerance and
discrimination based on religion or belief, the matrix of
which would be the organization in November 2001 of an
international consultative conference on the content of
curricula and textbooks for primary or elementary and
secondary educational institutions with respect to freedom
of religion and belief
143. Prevention through education can also address the
current evils of religious extremism and acts of
discrimination and intolerance directed specifically at
women and minorities.
144. Religious extremism, it must be stressed, spares no
society and no religion. It is a perversion of religious faith
and an insult to the intelligence of a human being. To
tolerate this growing phenomenon is akin to tolerating the
intolerable. It is therefore essential that Statesjoin with the
international community in condemning it without
ambivalence and combating it without compromise. Such
an effort must undoubtedly include preventive action,
especially through education. The initiatives of Egypt in
this regard are extrem ely noteworthy and include books on
tolerance for children and adolescents and the
modernization of centres for consciousness-raising,
training and further training whose purpose is to ensure
integration in society and hence to combat all acts of
exclusion and erection of barriers, the favourite devices of
extrem ism.
145. Women's actual status from the standpoint of
religion, or of the traditions, practices and policies based
on or attributed to religion, represents a problem which
must be tackled. The preparation of a plan of action
combining both prevention, for example through education,
and measures to combat discrimination must be initiated
as soon as possible, including through the organization of
a seminar on the status ofwomen from the standpoint of
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religion and human rights, as the Special Rapporteur
suggested earlier.
146. As regards minorities, it will be recalled that the
Commission on Human Rights, in resolution 1999/39,
expressed its deep concern at the increase in the violence
and discrimination againstreligious minorities, including
restrictive legislation and arbitrary application of
legislative and other measures. The Commission urged
States, in conformity with international standards of
hum an rights, to take all necessary actionto combathatred,
intolerance and acts ofviolence, intimidation and coercion
motivated by intolerance based on religion or belief, with
particular regard to religious minorities. In addition to
prevention through the elaboration of an international
educational strategyto combat all forms of intolerance and
discrimination based on religion or belief, which would of
course address the question of religious minorities, the
Special Rapporteur wishes to underline the vital role
played by the Working Group on Minorities (of the
Subcommission onthe Promotion and Protection of Hum an
Rights) in the consideration of the promotion and
observance of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic
Minorities, the exploration of possible solutions to
problems affecting minorities and the formulation of
recommendations for the adoption of new measures to
ensure the promotion and protection of their rights. The
Special Rapporteur might want to contact the Working
Group in order to consider possible avenues of cooperation
in such matters as seeking solutions for acts of
discrimination and intolerance affecting religious
minorities.
147. Where sects or new religious movements are
concerned, the Special Rapporteur considers that the time
has come to initiate appropriate methods for examining
this question calmly, without emotion and without bias, in
such a way as to ensure that freedom of religion and belief
is not manipulated and is permitted to serve the purpose
which justified its legal consecration and protection, and
to serve that purpose alone. As “sects” or “new religious
movements” do sometimes commit abuse, the authorities
are right to be concerned and it is their duty to take action
to enforce the law. This duty must lead to the application
of penal law, and even its improvement, in order to
penalize any abuse of property or person. This does not
mean that the State should conduct a witch-hunt which
would breed intolerance and discrimination and would
contravene international law. Education can also play a
vital role in relation to such abuse. As Danièle Hervieux-
Léger, the sociologist, stated, the best remedy is common
sense, discernment and the inculcation of a critical spirit.
The SpecialRapporteur reiterateshisrecommendation for
a comprehensive study ofthe question (with the caveatthat
“sect” and “new religious movement” both cause
difficulties in that they lump together various situations,
thereby resisting serious analysis).
148. As regards all the problems discussed above
(religious extremism, policies affecting freedom ofreligion
and belief, discrimination attributed to religion and
affecting women), the Special Rapporteur is of the opinion
that religions are very often taken advantage of It is
therefore important to promote further the role which
religions can play in conflict prevention andresolution and
in reconciliation. In this regard, the Special Rapporteur
welcomes the initiative taken in July 1999 by 40
representatives of the Orthodox, Catholic, Protestant,
Muslim and Jewish religions to ensure the participation of
religions in the dialogue and peace effort in the Balkans.
In their final declaration, these religious leaders undertook
to promote or encourage every effort to promote education,
tolerance and social justice and to combat discrimination.
149. Manifestations of racism, racial discrimination,
xenophobia and intolerance may overlap with
manifestations of intolerance and discrimination based on
religion and conviction. As requested by the Commission
on Human Rights, the Special Rapporteur, in his
contribution to the World Conference against Racism,
should be able to help identify solutions designed to
prevent and eradicate such evils.
150. In accordance with the principle of interdependence
of human rights, any action to promote tolerance and
non-discrimination is intrinsically interrelated with action
to promote democracy and development.
151. The effectiveness of activities to combat and prevent
every kind of violation and abuse against freedom of
religion and belief requires the following changes.
152. As regards the change in the title ofhis mandate, the
Special Rapporteur is gratified that the Commission on
Human Rights, in resolution 1999/39, noted “the request
of the Special Rapporteur to change his title from Special
Rapporteur on religious intolerance to Special Rapporteur
on freedom of religion or belief' and decided “to consider,
at its fifty-sixth session, changing the title”. The Special
Rapporteur very much hopes that this change will be
approved in order to lend more weight to his mandate
while maintaining his function in relation to incidents and
governmental measures incompatible with the 1981
Declaration, to take account of the content of resolutions
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which concern him and to give freedom of religion and
belief the scope it deserves.
153. The strengthening of the human and material
resources made available to the Special Rapporteur is
required not only for him to discharge the many daily
activities of the office (communications, in situ visits,
reports, consultations with international organizations,
States and non-governm ental organizations, participation
in conferences, etc.) but also for the implementation of his
recomm endations, including the preparation of studies, the
establishment of an international compendium of
enactments, the creation of an Internet site on the 1981
Declaration (including legal and factual data banks on all
States), the drafting of reports on all States and all
religions and beliefs, together with an analysis of their
economic, social, cultural, civil and political contexts.
Lastly, the Special Rapporteur considers that preparations
should be made for the twentieth anniversary of the 1981
Declaration on 25 November 2001. It is proposed that
States give the name of tolerance to streets, squares and
public buildings, place artistic plaques in public places
bearing the text of the Declaration, and include the
Declaration in civic and religious educational curricula,
especially at the primaryand secondary levels of education.
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