UNITED
NATIONS
E
Economic and Social Distr.
GENERAL
Council
E/CN. 4/1995/91
22 December 1994
ENGLISH
Original: CHINESE/ENGLISH
FRENCH
COMMISSION ON HUMAN RIGHTS
Fifty-first session
Item 22 of the provisional agenda
IMPLEMENTATION OF THE DECLARATION ON THE ELIMINATION OF ALL FORMS OF
INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF
Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in
accordance with Commission on Human Rights resolution 1994/18
CONTENTS
INTRODUCTION
I. MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR
II. SPECIFIC INCIDENTS IN VARIOUS COUNTRIES EXAJ4INED
BY THE SPECIAL RAPPORTEUR
8
Afghanistan . . . 8
Albania 9
Algeria . . 9
Germany . . 10
Saudi Arabia 13
Austria 17
Bangladesh . . . . 18
Page
4
.. 4
GE.94-75153 (E)
E/CN. 4/1995/91
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CONTENTS ( continued)
Page
Benin 20
Belarus 20
Bhutan 21
Bulgaria 28
Canada 32
Cyprus 32
Cuba 33
Egypt 34
United Arab Emirates 36
Ethiopia 37
Russian Federation 38
Ghana 38
Greece 39
India 42
Indonesia 49
Iran, Islamic Republic of 50
Iraq 53
Israel and the occupied territories 55
Kazakhstan 56
Kenya 56
Lebanon 57
Liberia 58
Malaysia 59
Morocco 60
Mexico 61
Mongolia 62
Myanmar 64
Nepal 65
Nigeria 65
Uzbekistan 66
Pakistan 66
Philippines 76
Romania 76
Rwanda 77
Sudan 80
Sri Lanka 81
Switzerland 99
Tanzania (United Republic of) 102
Turkey 102
Viet Nam 104
Yemen 109
Zimbabwe 109
Former Yugoslavia 110
E / CN. 4 /1995/91
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CONTENTS ( continued)
Page
III. VISIT BY THE SPECIAL RAPPORTEUR TO CHINA 110
A. Introduction 110
B. Working methods and activities 111
C. Legislation in the field of tolerance and non-discrimination
in relation to religion or belief 113
D. Implementation of legislation and policy on tolerance and
non-discrimination based on religion or belief 118
E. Conclusions and recommendations 131
Appendix 1 - Members of religious orders subject to
various restrictions
Appendix 2 - Reply from the Chinese authorities
IV. CONCLUSIONS AND RECOMMENDATIONS 144
Annex. Questionnaire addressed to Governments and relating to freedom of
religion and belief in primary and secondary schools
E/CN. 4/1995/91
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INTRODUCTION
1. At its forty-second session, the Commission on Human Rights decided, in
resolution 1986/20 of 10 March 1986, to appoint for one year a special
rapporteur to examine incidents and governmental 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 for such situations.
2. In accordance with the terms of that resolution, the Special Rapporteur
submitted his first report to the Commission at its forty-third session
(E/cN.4/1987/35). His mandate was extended for one year by resolution 1987/15
of 4 March 1987, at the same session of the Commission.
3. From 1988 onwards, the Special Rapporteur has submitted yearly reports to
the Commission (E/cN.4/1988/45 and Add.1; E/CN.4/1989/44; E/cN.4/1990/46;
E/CN.4/1991/56; E/cN.4/1992/52; E/CN.4/1993/62 and Add.1 and Corr.1) . In its
resolutions 1988/55, 1990/27 and 1992/17, the Commission twice decided to
extend the Special Rapporteur's mandate for two years, and then for a further
three years, until 1995.
4. After the resignation of Mr. d'Almeida Ribeiro, the Chairman of the
Commission appointed Mr. Abdelfattah Amor as Special Rapporteur. The latter
submitted his report (E/cN.4/1994/79) to the Commission on Human Rights at its
fiftieth session.
5. In chapter I of this report, the Special Rapporteur recalls the terms of
his mandate and their interpretation and describes the working methods he
used.
6. Chapter II contains allegations transmitted in 1994 to 49 Governments
regarding situations which in the Special Rapporteur's view departed from the
provisions of the Declaration, as well as the observations formulated in that
respect by Governments.
7. Chapter III contains the report of the Special Rapporteur's visit to
China from 21 to 30 November 1994.
8. Lastly, chapter IV contains conclusions and recommendations, based on an
analysis of the information available regarding the numerous infringements of
the rights set out in the Declaration during the period covered by this report
and on the study of measures which could contribute to preventing intolerance
and discrimination based on religion or belief.
I. MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR
9. The Special Rapporteur has followed his working method of transmitting to
Governments summaries of allegations sent to him and appearing, prima facie,
to represent infringements of or impediments to the exercise of the right to
freedom of thought, conscience and religion.
The Special Rapporteur noted that some of the allegations transmitted to
the Governments concerned mentioned various forms of harassment, arbitrary
E/ CN. 4 /1995/91
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arrest and detention, torture or ill-treatment suffered by the victims of
religious intolerance, as well as attempts on their lives. In addition, some
of the reports received referred to the desecration, or even the destruction,
of religious sanctuaries or property and cemeteries.
This state of affairs prompted the Special Rapporteur to ask some
Governments specific and concrete questions, particularly when the allegations
made against them contained descriptions of specific cases of individuals
persecuted on the basis of their religion or beliefs, or of places of worship
which had been damaged. These questions were in many cases accompanied by
requests for legislative and other relevant texts.
In some cases, having been notified in good time of serious allegations,
concerning amongst others harassment, arbitrary detention and attempts on
people's lives, the Special Rapporteur decided to resort to the urgent appeal
procedure (see chap. II ) .
The Special Rapporteur is particularly grateful for the efforts of those
Governments which attempted to shed light on the allegations submitted to
them, in accordance with the wish expressed by the Commission on Human Rights
in its resolution 1994/53, to the effect that Governments should respond
“expeditiously to requests for information made to them through the
procedures, so that the thematic special rapporteurs concerned . . . may carry
out their mandates effectively”. The replies provided by Governments are
invaluable in enabling the Special Rapporteur to reach an informed opinion on
the situation in a given country with regard to religious freedom.
As for the follow-up to allegations communicated to Governments and the
replies received from them, the Special Rapporteur has reported his views and
observations and has reverted to specific situations whenever the problems and
manifestations of religious intolerance so required, or as long as Government
replies - or the lack of them - failed to provide the necessary clarification.
The Special Rapporteur will also in future apply himself to studying the
question of Governments which do not furnish replies to the allegations
transmitted to them, a problem to which he wishes to call the Commission's
attention.
In accordance with his mandate and with resolution 1994/18, in which the
Commission encouraged the Special Rapporteur to consider whether the programme
of advisory services in the field of human rights might be of assistance in
certain situations, at the request of States, and to make appropriate
recommendations in that regard, the Rapporteur, after a meeting with
representatives of the programme of advisory services, has put forward a
number of recommendations in that respect (chap. IV) .
Recalling that, in resolution 1994/18, the Commission encouraged
Governments to give serious consideration to inviting the Special Rapporteur
to visit their countries so as to enable him to fulfil his mandate even more
effectively, the Special Rapporteur wishes to emphasize the importance which
he attaches to visits to be made in situ in order to further the dialogue
already initiated with many Governments and also to better appreciate the full
complexity of the situations of religious intolerance which he is, and will
be, called upon to encounter during his mandate.
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In a letter of 31 August 1993 addressed to the Permanent Representatives
of Greece, India, the Islamic Republic of Iran and Pakistan, the Special
Rapporteur announced his wish to visit their countries to obtain information
from their authorities and other parties concerned on various matters falling
within his mandate. In a letter of 31 August 1993, the Special Rapporteur
also wrote to the Government of the Sudan to confirm that he was pleased to
accept the invitation extended to his predecessor to visit the Sudan. The
choice of the above-mentioned countries was determined by the Special
Rapporteur's concern to study in detail a number of problems of religious
intolerance which had been brought to his attention, while maintaining an
appropriate geographical balance.
The Special Rapporteur recalls his wish to visit the Governments of
India, the Islamic Republic of Iran and Sudan and is still awaiting their
replies.
The Government of Greece, in a letter of 14 April 1994, agreed in
principle to a visit in situ by the Special Rapporteur. However, the visit
was postponed to a more convenient date. The Government of Pakistan, in a
letter of 15 February 1994, agreed to a visit by the Special Rapporteur, but
has still not confirmed the dates of the visit.
The People's Republic of China, in letters of 9 May, 30 June, 8 August
and 2 November 1994, took the initiative of inviting the Special Rapporteur to
visit China from 21 to 30 November 1994. The report of his visit to China is
given in chapter III of this report.
The Special Rapporteur strongly encourages all Governments wishing to do
so to invite him to visit their countries in order to strengthen mutual
cooperation and understanding, for the sake of eliminating all forms of
intolerance and of discrimination based on religion or belief. He is also
considering asking some Governments to allow him to visit their countries. He
considers that, while it is still worth attaching importance to traditional
visits, it would also be useful, in some circumstances, to make contact visits
for the purpose of establishing a dialogue with some Governments and
furthering understanding.
Moreover, the Special Rapporteur wishes to maintain and strengthen the
cooperation already established with other special rapporteurs or independent
experts responsible for special procedures with a bearing on his mandate by,
among other things, examining specific problems with them in greater detail.
JIIother possible method of collaboration, in the context of specific
situations, would be to organize joint in situ visits by several
special rapporteurs and/or independent experts.
In this regard, the Special Rapporteur took part in the meeting of
special rapporteurs, representatives, experts and chairpersons of working
groups on the special procedures of the Commission on Human Rights and on the
advisory services programme, held in Geneva from 30 May to 1 June 1994, and
endorses the meeting's recommendations (see note by the High Commissioner for
Human Rights E/cN.4/1995/5) .
E/ CN. 4 /1995/91
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As in his previous report, the Special Rapporteur has endeavoured, as the
terms of Commission resolution 1994/18 require, to make full use of credible
and reliable information provided to him, while exercising the necessary
impartiality, independence and discretion. In order to do so, he has drawn on
a very broad range of governmental and non-governmental sources, of very
varied geographical origins, and comprising both organizations and
individuals. He has also spoken with the representatives of some Governments
and a number of non-governmental organizations. He has taken due account of
information from religious groups and denominational communities. He has
given priority to the use of recent information covering the period since the
Commission's previous session. However, in the case of situations mentioned
for the first time or of problems, the origins or the manifestations of which
go back a number of years, he has sometimes made use of earlier information
and referred to it. The information gathered is also used specifically to
document religious intolerance.
It should be made clear that the dialogue established with Governments by
the Special Rapporteur and the transmittal of allegations concerning their
countries in no way implies any kind of accusation or value judgement, but
rather a request for clarification with a view to finding, along with the
Government concerned, a solution to a problem which goes to the very heart of
fundamental rights and freedoms.
In accordance with his mandate, and in application of paragraph 14 of
resolution 1994/18, in which the Commission encourages the Special Rapporteur
to examine the contribution that education can make to the more effective
promotion of religious tolerance, he has undertaken consultations with the
United Nations Educational, Scientific and Cultural Organization (UNESCO) and
the International Bureau of Education (lEE) with a view to benefiting from
their experience and expertise in this field and exchanging views.
The Special Rapporteur visited UNESCO in Paris on 2 and 3 June 1994.
There he gathered information and relevant documentation concerning programmes
for the teaching of human rights. He also discussed the possibility of
preparing a questionnaire on problems concerning freedom of religion and
belief in educational establishments and requested their cooperation in that
respect.
Following these consultations, the Special Rapporteur prepared the
questionnaire (contained in the annex) and sent it to the Governments on
27 October 1994 (see chap. IV) .
The Special Rapporteur held similar consultations with lEE. He also sent
the forty-fourth session of the International Conference on Education a
proposal for a special paragraph to be inserted in the text intended to
modify, replace or be added to the 1974 Recommendation on international
education, in the event that the Conference should decide to revise the text
or make additions. The paragraph is as follows: “Urges all States to take
all appropriate measures to combat hatred, religious intolerance and acts of
violence, including those motivated by religious extremism, and to encourage
understanding, tolerance and respect in matters relating to freedom of
religion or belief”.
E/CN. 4/1995/91
page 8
Within the framework of the International Conference on Education, the
Special Rapporteur also took part in a round table on the role of religions in
education for tolerance and mutual understanding, organized by the
non-governmental organization World Conference on Religion and Peace. At the
meeting, he drew attention to the importance of prevention with regard to
religious tolerance through the strategic role of education, information and
culture. In this respect, he referred to the initiatives and actions which,
in his view, would be worth taking or undertaking in this respect. He also
enjoyed the cooperation of non-governmental organizations through the
Committee on Non-Governmental Organizations. He intends to follow up this
aspect of his mandate further in future and, in accordance with
resolution 1994/18 of the Commission on Human Rights, invites them to consider
what further contribution they could make to the implementation and
dissemination of the Declaration.
II. SPECIFIC INCIDENTS IN VARIOUS COUNTRIES EXAMINED
BY THE SPECIAL RAPPORTEUR
In 1994, the Special Rapporteur addressed specific requests for
information to 49 Governments, in accordance with paragraph 13 of
resolution 1994/18, in which the Commission encouraged the Special Rapporteur
to continue to examine incidents and governmental actions in all parts of the
world that are incompatible with the provisions of the Declaration and to
recommend appropriate remedial measures.
In those communications, the Special Rapporteur, inter alia , requested
the views and comments of the Governments concerned in order to ascertain
whether they had taken or were contemplating, in accordance with paragraph 7
of the above-mentioned resolution, “all appropriate measures to combat hatred,
intolerance and acts of violence, including those motivated by religious
extremism, and to encourage understanding, tolerance and respect in matters
relating to freedom of religion or belief”, with due regard for
internationally established standards of religious freedom.
In this connection, urgent appeals were addressed to five States:
Bangladesh, Iran (Islamic Republic of) , Iraq, Pakistan and Saudi Arabia. The
Special Rapporteur received a reply to his appeal to Bangladesh but is still
awaiting replies from the Governments of the other four States concerned.
Afghanistan
In a communication of 18 August 1994 addressed to the Afghan Government,
the Special Rapporteur transmitted the following information:
“According to the information received, in September 1993 the
draft constitutional principles prepared under the auspices of
President Rabbani declared the Hanafi rite (Sunnite) to be the Islamic
basis of the State. The Shiite Muslim community is said to have strongly
opposed the draft principles and the Shi'a Wahdata militia are reported
to have riposted by attacking the Sunnite forces of Abdul Rasul Sayyaf.
Non-Muslims are allegedly forbidden to proselytize.
E / CN. 4 /1995/91
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The Special Rapporteur was informed that, following the destruction
of the Ayodhya mosque in India in December 1992, extreme religious
violence broke out against Hindu and Sikh communities, particularly in
urban areas.
Acts of vandalism are said to have been committed against
‘zairats' , ‘shrines of Sufi Muslim orders' and pre-Islamic funerary
‘totems' in Nuristan.”
Albania
In a communication of 31 August 1994 addressed to the Albanian
Government, the Special Rapporteur transmitted the following information:
“According to the information transmitted, although the Albanian
Government has recognized the right of the Greek minority to practise its
Orthodox religion, no progress has been made in returning the religious
property confiscated from the Greek community under the former regime.
Moreover, it is reported that four bishops appointed by the
Ecumenical Patriarchate to help Archbishop Ariastasios restore the
Orthodox Church in Albania were refused entry to Albanian territory on
the grounds that they were not nationals, when this nationality
requirement could not be met since all religious activity by the Greek
minority was seriously affected for 45 years.
The Special Rapporteur has also been informed that Orthodox priests
have allegedly been subjected to pressure by the authorities to conduct
their liturgy in Albanian rather than in Greek.”
Algeria
In a communication of 18 August 1994 addressed to the Algerian
Government, the Special Rapporteur transmitted the following information:
“The Special Rapporteur is concerned by the tragic upsurge in
murders carried out by armed groups of Islamist militants, who are
reportedly continuing to kill civilians and targeting a larger and larger
proportion of the population. They are even said to be stepping up their
campaign of violent attacks directed against civilians. It is alleged
that women, journalists, judges, doctors and intellectuals, among others,
have been killed, wounded, abducted or threatened, while others who have
escaped death are living in constant fear.
It is reported that communiques signed by the Islamic Armed
Group (GIA) call for ‘enemies of Islam', and particularly journalists,
intellectuals, women and foreigners, to be killed and that journalists
are continuing to pay a very heavy price. The Special Rapporteur has
been informed of the following alleged cases:
In September 1993, Saad Bakhataoui, an unemployed journalist, was
targeted by four Islamists and Abderrahmane Chergou, an employee of
Hebdo lib r , had his throat slit;
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In October 1993, Djamal Bouhidel, a photographer, was murdered at
Blida; Mustapha Abad, formerly acting director of television, was
murdered by a shot in the head; and Smail Yefsah, a television
journalist, was stabbed outside his home and then shot to death;
In February 1994, Olivier Quemener, a French journalist, was
murdered in the Algiers Kasbah while on a reporting assignment and his
colleague, Scott Allan White, was seriously wounded;
In March 1994, Majid Yasef, a cameraman working for Hebdo lib r ,
was shot down and three other persons, including the magazine's editor,
were wounded.
Intellectuals are reportedly fleeing the country in order to shield
themselves from extremism and avoid being murdered like Youssef Sebti (a
poet), Ahmed Asselah (Director of the Higher Fine Arts Academy),
Abdelkader Allouala (a playwright) , Djilali Belkhenchir (Vice-Chairman of
the Committee against Torture) and Salah Djebaili (Rector of the
Bab-Ezzouar University of Science and Technology) .
It is further alleged that women are being threatened so as to make
them respect the Islamic dress code and that a growing number of women
have been killed in attacks by Islamists. Katia Benghana, a 17-year-old
high school student, is said to have been shot to death at Blida on
28 February 1994 after being threatened for failing to wear the hijab
(Islamic scarf) .
Foreigners, as one of the Islamists' main targets, have allegedly
been forced to leave the country. At least 12 French nationals are
reported to have been killed, including 2 members of religious orders in
Algiers on 8 May 1994, namely H l ne Saint-Raymond, Little Sister of the
Assumption, and Henri Verg s, a Marist brother. It is alleged that
12 Croatian and Bosnian workers of the Catholic faith were murdered in
the Tamezguida region on 14 December 1993 and that 7 Russian nationals
have been murdered since October 1993, while other foreign nationals have
been killed and/or permanently threatened.
According to some reports, not a day goes by without murders,
attacks, abductions, destruction of public property, citizens going into
hiding to escape threats, intelligentsia leaving the country, etc. A
veritable spiral of violence, terror and serious human rights violations
caused by the Islamists is said to have seized all sectors of Algerian
society.”
Germany
In a communication of 20 October 1994 addressed to the German Government,
the Special Rapporteur transmitted the following information:
“According to information received, the Church of Scientology is
subject to various forms of discrimination.
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This discrimination is said to be practised in particular by the
political parties.
In December 1991, the Christian Democratic Union (CDU) is said to
have adopted a resolution prohibiting Scientologists from becoming
members, leading in particular to the exclusion of members from the party
because of their religious belief. In addition, the Youth Union,
affiliated to the CDU, is reported to have published a brochure entitled
‘Insects: No Thank You' with a fly-swatter. The brochure was reportedly
distributed at the CDU Federal Party Convention in February 1994.
In February 1993, the Social Democrats (SPD) , the Christian
Democratic Union (CDU) , the Free Liberal Party (FLP) and the STAAT party
are said to have declared membership of the Church of Scientology
incompatible with the principles of their political parties.
The Special Rapporteur has also been informed of several cases of
discrimination:
In Hamburg, the Senate is said to have notified the Hamburg Church
of Scientology on 26 March 1992 that it was refusing to rent out rooms to
it.
In Baden-Wi rttemberg, the Government of the State of
Baden-Wifflttemberg is said to have taken a series of discriminatory
measures against the Church of Scientology and its parishioners. These
measures allegedly requested the Government to:
Withdraw legal capacity from Scientology organizations;
Start criminal investigations of the Church;
Determine whether being an adherent of the religion could be
regarded in the same way as drug dependence;
Expand ‘explanatory' campaigns on Scientology in schools and
government offices and for the general public;
Prevent Scientology from exerting economic ‘influence', in
cooperation with the Employers' Association and the Chamber of
Industry and Commerce;
Continue to solicit the support of trade unions which have agreed
to inform their members about the economic influence of Scientology
and to counter that influence through trade union publications
attacking anyone following Scientology;
Draw up a complete list of other measures designed to ‘reduce the
activities of Scientology' .
Identical measures are reported to have been taken in the States of
Saarland, North Rhine-Westfalia, Bremen and Mecklenburg-Vorpommern.
E/CN. 4/1995/91
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According to information received, persons and organizations
associated with Scientology have been blacklisted and subjected to an
economic boycott. The following cases were brought to the attention of
the Special Rapporteur:
In May 1993, Chick Corea, the jazz musician, was reportedly invited
to take part in a concert on the occasion of the World Athletics
Championship at Stuttgart. The Government of Baden-Wi rttemberg is
said to have cancelled the concert after learning that Chick Corea
was a Scientologist.
In March 1992, the administrative director of the State capital
DiIIseldorf is said to have distributed a list naming firms
employing Scientologists and in particular the Director-General of
DiIIseldorf Fair Ltd. In March 1993, it is alleged that the city of
DiIIseldorf published an order against the Director-General of the
Kempe Ltd. real estate company and cancelled the right of Mr. and
Mrs. Kempe to recruit apprentices to learn the trade of estate
agent because of their religion.
In 1993, in the State of Rhineland-Palatinate, Werner Nolte, a
businessman, was reportedly subjected to a media campaign against
his company and his family because of his membership of the Church
of Scientology. His partners later broke off their trade relations
with the company.
In June 1993, a German television presenter, Thomas Gottschalk, is
reported to have been wrongly accused of being a Scientologist.
Because of false publicity claiming that he was a Scientologist, he
announced publicly that he was not, that he had nothing to do with
the Church and that he would break off all relations with a friend
who was a Scientologist.
In December 1993, it is reported that three businessmen bought
space in a local daily newspaper Husumer Nachrichten to proclaim
‘We've had enough!' and that they ‘had never had and would never
have any relations with the Scientology movement or its
organizations . ..‘ . The article is stated to have been signed by
directors of local companies and the local pastor. At the end of
the article there is said to have been a warning that anyone
describing these businessmen as Scientologists or accusing them of
being in contact with Scientology or other sects would be sued for
‘libel' .
On 19 August 1993 the director of Volksfi rsorge, the public social
welfare organization, allegedly informed a trainee, Oliver Freitag,
that he would not be employed because he was a member of the Church
of Scientology.
The Special Rapporteur was also informed that there had been an
increase in acts and threats of violence. The following cases were
reported:
E / CN. 4 /1995/91
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Over the last two years, bomb threats are reported to have been
made against virtually every Scientology mission and church:
Hamburg (3), Hanover (2), Munich (2), Ulm (2), Frankfurt and
DiIIseldorf.
On 4 June 1993, it is reported that windows of the building rented
to the Church of Scientology in Hamburg and cars in its parking lot
were vandalized and covered in paint.
On 12 June 1993, the front of a Scientologist's house was allegedly
daubed with the inscription ‘Scientologist pig'.
In February 1994, the window of a Scientology mission was
reportedly broken by a stone wrapped in a pamphlet which stated
that Scientology would be ‘destroyed'.
On 24 March 1994, a Scientologist lawyer, Mr. Wilhelm Bluemel, is
said to have received a fax stating ‘Watch out, your time is coming
soon!' and anonymous telephone calls.
The children of Scientologists are also reported to have been
discriminated against:
On 27 March 1994, the two children of a Scientologist,
Lydia Walter, aged 6 and 3, were allegedly the victims of
discriminatory acts at the local kindergarten. At the initiative
of the group called ‘Sect Info Essen', the governing board is said
to have specifically requested that there should be no contact with
Scientologists. The children were reportedly banned by the rest of
the school and their parents informed that the children would be
sent home unless they signed a sworn written statement that they
would not ‘promote' Scientology orally, in writing or by any other
means. The contract was also to state that their children were not
‘welcome' in the kindergarten. A poster in front of the school is
said to have read ‘We don't want Scientology' and the school
allegedly announced that it would hold an anti-Scientology
demonstration with the group ‘Sect Info Essen' in April 1994.”
Saudi Arabia
In a communication of 18 August 1994 addressed to the Saudi Government,
the Special Rapporteur transmitted the following information:
“The Special Rapporteur has been informed that, since 1990,
hundreds of men, women and children have been arrested and imprisoned,
the majority of them without charge or trial, simply for the peaceful
expression of their religious beliefs.
During the past few years, a policy of discrimination against
religious minorities, and against Christians and Shiite Muslims in
particular, is said to have been gradually introduced.
E/CN. 4/1995/91
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The Christians reportedly have no place of public worship and the
foreigners can practise their religion only in private. According to the
information received, Christians participating in private religious
gatherings must always do so secretly and be on the alert. Often persons
have allegedly been arrested because they were in possession of religious
objects such as rosaries, crosses, images of Jesus Christ or the Bible.
In addition, it is allegedly strictly forbidden by law to publish or
distribute any document deemed incompatible with the Wahabbi
interpretation of Islam. These prohibitions have all allegedly been
applied with increased rigour since 1990.
The Special Rapporteur has received reports on the following cases:
- On 10 and 12 February 1992, 29 people, including 7 children,
were allegedly arrested by Shurta (police) officers and
members of the Committee for the Propagation of Virtue and
Prevention of Vice, while they were at a meeting in the
centre of Riyadh. The majority of them were Indians from
Kerala and they were listening to a sermon by someone known
as Mr. Ranjan. The 29 individuals were allegedly detained
briefly and then expelled. Mr. Ranjan was reportedly
ill-treated during his interrogation;
- Early in November 1992, members of the Committee for the
Propagation of Virtue and Prevention of Vice reportedly
raided the meeting place of the Brotherhood of the Good
Pastor at Al-Karj Road in Riyadh. At least two Filipinos,
Florance Madriago and Roque Atilon, were reportedly arrested.
They were accused of having organized a religious group and
were reportedly sentenced to two years' imprisonment;
- In addition to the case of Mr. Michael Cornelius Michael (see
report E/CN.4/1994/79), the Special Rapporteur has been
informed that in 1993, Mr. Franklin Lomboy, a Filipino
citizen employed by Saudi Airlines, was allegedly arrested in
Khamir Muchayt, because of his Christian faith.
With regard to the Shiite Muslims, they allegedly cannot distribute
any books dealing with Shiism. On various occasions, also, the Council
of Ulemas (experts in Islamic law) has allegedly issued fatwas (legal
opinions) that were offensive to the Shiite Muslims. In some school text
books, the Shiites are reportedly referred to as rafidha (dissenters) .
Over the past few years, there have allegedly been attempts to force
Shiites to convert to Wahhabism. All Shiite religious activities are
said to be closely monitored and generally prohibited. Moreover, some
Shiites who allegedly criticized the official policy towards their
community are said to be regularly arrested, detained and ill-treated.
According to the information received, scores of husseiniyyas
(small mosques) have allegedly been destroyed or closed or their
construction stopped. No building permits have allegedly been granted
E / CN. 4 /1995/91
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for that kind of building with the result that dwelling-houses have
reportedly been converted into husseiniyyas . However, the authorities
allegedly close or demolish them.
The Special Rapporteur has been informed of the following case:
- On 18 January 1993, police officers of al Mabahith al Amma
(Criminal Investigation Department) allegedly raided the home
of Abdullah al Marhoun in Al Qatif, alleging that his house
was being used as a husseiniyya . Abdullah al Marhoun was
reportedly evicted from his home and seals were placed upon
the doors. Hussein Salch Abdul Jabbar, the contractor who
reportedly built the house was said to have been arrested and
briefly detained for questioning.
According to some reports, there is interference with the religious
practices of the Shiites.
In February 1993, Sayyid Munir al Khabbag, a well-known scholar in
the Shiite community in the Eastern Province, was allegedly interrogated
by officers of the al Mababit al Amma and ordered to restrict the number
of sermons which he normally preached in the mosques of the Province.
The public use of the turba (holy soil) during prayer is allegedly
prohibited. JIIyone who disobeys this prohibition could be harassed and
his turba confiscated. Books and other documents on non-Wahhabi beliefs,
and in particular those favourable to Shiite Islam, are allegedly
prohibited. The Ministry of Information reportedly has special
responsibility for censoring books, magazines, newspapers and audio and
video cassettes. Article 7 (a) of the 1982 Press and Publications Code
reportedly prohibits the publication or distribution of any material
which challenges ‘the origins of Islam and its tolerant Shariah, or is
harmful to public morals' . In practice, this provision is allegedly
interpreted in a manner that permits censorship of any religious document
not consistent with the Wahhabi interpretation of Islam. For example,
all the works of the distinguished Saudi scholar, Sheikh Hassan Mussa
al Saf far, have allegedly been banned even though they deal chiefly with
cultural and religious matters. His book entitled al Huriyya wal
Taadudiyya fil Islam (Freedom and Pluralism in Islam) was allegedly
banned in 1990.
Several persons have allegedly been arrested, imprisoned and
tortured because they were found in possession of books and material
about the Shiite faith. On 11 August 1988, Muhammad Jaafar Al Sheikh was
allegedly arrested in Damman for having, according to some sources,
printed Shiite prayer books at a local printing shop. In another case,
Ali Ahmad al Shihab was reportedly arrested at the border with Bahrain
and accused of smuggling in 17 copies of 2 books, one of which was a
Shiite prayer book. The books were burnt before the investigation and
trial. The court of Summary Jurisdiction, which allegedly tried the
case, reportedly condemned Ali al Shihab to 8 months' imprisonment and
180 lashes.
E/CN. 4/1995/91
page 16
Some of the text books for use in Saudi schools reportedly make
disparaging references to religious beliefs other than Wahhabi and to
Shiite beliefs in particular. One such book, which clearly refers to
Shiite religious practices, is said to contain the following passage:
‘ . . . many people do not respect the bans . . . and therefore fall
into polytheism. They have built mosques and mausoleums which they
have made into places of pilgrimage and where they engage in
polytheistic practices involving sacrifices and entreaties. ‘
The book entitled Al Thagafa al Islamiyya (Islamic Culture) , which is
included in the curriculum of the King Abdul Aziz University of Jeddah,
is more explicit. In a chapter entitled ‘The foundations of the Shia
Ithna Ashariyya', it is stated that ‘some of them (the Shiites) have
questioned the validity of the Koran and rejected it'.
The Special Rapporteur has received reports of teachers trying to
intimidate and coerce their Shiite pupils into converting to Wahhabism.
Muhammad Ahmad al Rabii, 16 years of age, a secondary school pupil in
al Awamiya, after a discussion with his teacher of religion, was
reportedly threatened with failing his examination. The same teacher was
reported to have contacted him afterwards and told him that he would pass
the examination if he converted to Wahhabism. Many Shiite pupils and
their families have reportedly complained to the highest education
authorities.
In recent years, a number of legal opinions tending to discredit
Shiism and delivered by Wahhabi scholars have reportedly been
officially approved. The fact that many Wahhabi followers regard these
opinions as authoritative further disturbs the Shiite community. On
30 September 1990, on the question whether it was right to eat the meat
from an animal killed by a Shiite butcher, Sheikh Abdullah bin Abdul
Rahman bin Jabreen, who was then a member of the assembly of experts in
Islamic law, was reported to have delivered the following legal opinion:
‘Slaughter by a Shiite butcher is illegal and consumption of
the meat thus obtained is unlawful. The majority of Shiites are
polytheistic because they always invoke Ali (the cousin and the
son-in-law of the Prophet) both in times of difficulty and in times
of prosperity . .. This is a serious demonstration of polytheism
and a renunciation of Islam, deserving of death . . . ‘ .
Other legal opinions by Sheik Abdul Aziz bin Abdullah bin Baz,
President of the Experts in Islamic Law, have reportedly declared that
the Shiites (or al Rafidha, as they are called in official religious
terminology) are polytheists and apostates. Legal opinion No. 2008
allegedly states that, since Shiites are polytheists, they cannot be
permitted to marry Sunnite women. Legal opinion No. 1661 is said to
contain an identical statement.
The Special Rapporteur has also been informed that the Iraqi
refugees in the Rafha camp, in the north of the country, are subjected to
restrictions on their religious freedom. The occupants of this camp have
E/ CN. 4 /1995/91
page 17
reportedly been split up according to their religious beliefs, with the
Sunnites being separated from the Shiites. In 1994, a document written
by Sheikh Abu Bakr Jaber al Jagain, entitled Hadhihi Nasihati Ila Kul
Shii (Advice to all Shiites) , which claimed that the Shiites were
apostates and should be converted to Sunnite Islam, was said to have been
circulated in the camp. On 10 August 1990, a former refugee from the
Raf ha camp allegedly stated that the security agents guarding the camp
insulted the Shiites, called them apostates and trampled on their holy
soil. That situation of religious discrimination allegedly continued
throughout 1993.
In addition to the religious discrimination against the Christian
and Shiite minorities, the Special Rapporteur was informed of the severe
measures taken against any form of peaceful dissent by Islamic groups.
On 12 May 1993, the Committee to Defend Legitimate Rights (CDLR) , which
had been formed on 3 May by recognized and respected Islamic figures,
including six Islamic jurists and university professors, was
allegedly denounced as a violation of Islamic law and banned by
the Council of Senior Scholars. On 13 May, the founders of the CDLR
were allegedly dismissed from their government posts and the offices
of two lawyers in private practice were allegedly closed by royal order.
Dr. Muhammed al Mas'ari, a CDLR spokesman and a physics professor at
King Saud University, was reportedly arrested on 15 May for disobeying an
order prohibiting the communication of any information on the CDLR to the
foreign press. Lawyers sympathetic to the CDLR were allegedly also
penalized by having their offices closed. One of them, Sulaiman al
Rushudi was allegedly arrested. Sixty university professors close to the
CDLR were said to have been dismissed from their posts and/or forbidden
to travel.
According to reports received, an Indian journalist,
Sivaramy Balaram, was arrested on 11 July 1993 for having published, in a
paper called Arab News , a comic strip in which the central character
doubted the existence of God and in the end discovered that he existed.”
In an urgent appeal of 12 September 1994 addressed to the Saudi
Government, the Special Rapporteur transmitted the following information:
“According to the information I received, Mr. Sherif Fahmy Ishak
would have been arrested and detained since the beginning of August for
possessing Christian pictures and the Holy Bible in his house in Riyadh.
I would be most grateful to the Government of Saudi Arabia for its
views and comments on the allegation I have received”.
Austria
In a communication sent to the Austrian Government on 20 October 1994 the
Special Rapporteur transmitted the following comments:
“According to information received, the Jehovah's Witnesses
reportedly constituting a community of some 20,000 believers, have been
refused any official recognition as a religion despite their requests.
E/CN. 4/1995/91
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It is reported that, in the absence of a reply to several requests
addressed to the Ministry of Education on 25 September 1978,
3 December 1980, 22 June 1987 and 21 July 1990, the Jehovah's Witnesses
lodged a complaint with the Constitutional Court on 18 October 1991;
that, on 25 June 1992, the Constitutional Court rejected that complaint
on the grounds that it was a matter for the administrative jurisdiction;
that, on 30 June 1992, an administrative jurisdiction also rejected the
complaint which had been referred to it; and that, on 12 October 1993, a
further request for official recognition as a religion was submitted to
the Constitutional Court, which rejected it on 10 March 1994.”
Bangladesh
In an urgent appeal dated 3 August 1994, the Special Rapporteur
transmitted the following comments to the Government of Bangladesh:
“According to information received by the Special Rapporteur,
Ms. Taslima Nasrin, writer, would be the victim of persecutions by
religious extremists and has been forced into hiding.
The Special Rapporteur would like to express his deep concern and
would be grateful if your Government would provide him with any relevant
information as well as with its views and observations.”
On 4 August 1994, the Permanent Mission of the People's Republic of
Bangladesh to the United Nations Office at Geneva transmitted the following
information concerning the above allegations to the Special Rapporteur:
“I have the honour ... to state that the information received by
you about Ms. Taslima Nasreen is not correct. In fact, Ms. Nasreen, who
had been hiding since 4 June 1994 following the issuance of a warrant of
arrest against her, surrendered before the High Court on 3 August 1994
and was granted bail.”
In a communication dated 23 August 1994 to the Government of Bangladesh,
the Special Rapporteur transmitted the following information:
“According to the information received, religious minorities,
mainly Hindu, Christian and Buddhist, have been the victims of acts of
religious intolerance, committed mainly by Muslim extremists.
In addition to the incidents of December 1992 affecting the Hindu
community (report E/CN.4/1994/79, para. 36) , the Special Rapporteur was
informed that in June 1993 Muslim extremists again reportedly committed
acts of violence against Hindus at Rajahadi and allegedly caused the
destruction of the Rath Jatra festival. In July 1993, a Procession in
celebration of Lord Krishna's Birthday was allegedly also violently
attacked by Muslim extremists, and hundreds of Hindus were injured. In
August 1993, 14 Hindu students are said to have protested against these
attacks in an attempt to demand justice, but were imprisoned by the
police.
E / CN. 4 /1995/91
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The Muslim extremists were reportedly also responsible for serious
attacks on non-Muslim religious minorities, including murders,
abductions, rape, looting, extortion and destruction of property, and
threats to make them leave the country.
It was alleged that a policy of discrimination was being used
against those minorities, in particular with regard to public employment.
The Special Rapporteur was also informed that the writer,
Mrs. Taslima Nasrin had been accused of blasphemy and sentenced to death
in October 1993 by a group known as the “Council of the soldiers of
Islam” from the north-eastern town of Sylhet. Mrs. Nasrin is said to
have received serious threats on account of her novel Lajjya ( Shame )
which depicts the situation of a Hindu family forced by Muslim neighbours
to leave Bangladesh following the destruction of the Babri Mosque in
India.
The extremist group has allegedly offered $1,250 for the killing of
the writer and her work is reported to have been officially banned by the
authorities. Mrs. Nasrin had already allegedly received death threats
from the ‘Council of the soldiers of Islam' on 23 September 1993 and
reportedly requested protection from the Khaka police and the
authorities. Since she was unable to obtain satisfaction, she is said to
have appealed on 6 October 1993 to the Chief Metropolitan Magistrate, who
granted her a protection order. According to information received, in
May 1994 a Muslim dignitary, Moulana Amini, issued a second fatwa against
Mrs. Nasrin, accusing her of having stated in an interview published in
the Indian newspaper The Statesman of 9 May that the Koran should be
revised completely with respect to women's rights. Moulana Amini
reportedly declared that the writer's statement was even more ‘filthy'
than that of Salman Rushdie in The Satanic Verses . He is also said to
have demanded the arrest and execution of Mrs. Nasrin.
Azharul Islman, the leader of an Islamic political party, is also
said to have accused the author of being ‘an apostate appointed by the
imperialist forces to vilify Islam'. At least 5,000 members of the
Jamaiat Islamic party are reported to have demonstrated in Dhaka with
banners demanding that all blasphemers of Islam should be hanged. The
party leaders allegedly threatened the authorities with causing
disturbances if Mrs. Nasrin were not arrested.
Mrs. Nasrin is reported to have stated that her remarks had been
incorrectly reported, and to have written to the Indian newspaper
The Statesman on 11 May to confirm that she had not expressed the view
that the Koran should be modified. Following publication of this
confirmation and its reproduction in a number of newspapers in
Bangladesh, Mrs. Nasrin reiterated her position to the newspapers on
18 May, explaining that, in referring to modification of the Shariah with
a view to ensuring equality of the sexes, she had made no suggestion that
the Koran should be revised.
On 3 June at least 3,000 Muslim extremists are reported to have
carried out a protest and called for the killing of Mrs. Nasrin. The
E/CN. 4/1995/91
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fundamentalist party Jamaat-e-Islam' s daily newspaper Sangram allegedly
reported that members of ‘Towhidi Jagrata Janata' (‘Rising Faithful') had
warned that they would kill Mrs. Nasrin if they found her. Members of
the Nationalist Party of Bangladesh are also said to have called for
punishment of the writer.
According to some reports, the chief of the Motijheel police
station in Dhaka filed a complaint against Mrs. Nasrin on behalf of the
State under section 295 A of the Criminal Code, which provides for a
maximum sentence of two years' imprisonment and a fine for ‘deliberate
and malicious acts intended to outrage the religious feelings of any
class or citizen by insulting its religious beliefs' . As a result, the
Metropolitan Magistrate reportedly issued an arrest warrant. According
to the information received, Ms. Nasrin, fearing persecution by religious
extremists, was allegedly obliged to go abroad.”
Benin
In a communication dated 18 August 1994, the Special Rapporteur
transmitted the following information to the Government of Benin:
“The Special Rapporteur has been informed that it has allegedly
been officially decided to suspend for three months the activities of a
Christian group accused of disturbing public order. An order of
21 May 1993 apparently stated that the Union of the Rebirth of Men of
Christ was responsible for ‘doubtful practices' threatening the peace and
safety of the population. The members of the religious group were
allegedly accused of destroying voodoo temples.”
Belarus
In a communication dated 21 October 1994 addressed to the Government of
Belarus, the Special Rapporteur transmitted the following comments:
“The Special Rapporteur has received information stating that the
religious organization called the ‘International Society for Krishna
Consciousness' of Minsk Centre is being subjected to acts of religious
intolerance intended to restrict its activities.
In particular, the Krishna Society is said to have been refused a
site for its annual festival. It is also alleged that printers in Minsk
have refused to print its publications and that the media present a
negative image of the Society and do not provide any opportunity for it
to exercise its right of reply.
Many other religious associations are apparently being denied
registration by the authorities. About 50 Protestant organizations are
reportedly concerned and Catholic priests from Poland are not being
authorized to preach on the grounds that they are not nationals.”
E / CN. 4 /1995/91
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Bhutan
In a communication dated 28 September 1994 addressed to the Government of
Bhutan, the Special Rapporteur transmitted the following comments:
“According to the information received, Christianity is officially
banned, in particular pursuant to the resolutions adopted by the National
Assembly at its thirtieth session in 1969 and its fifty-first session in
1979. It is claimed that Christians are ill-treated and compelled to
leave Bhutan.
The following case has been drawn to the attention of the Special
Rapporteur and summarized as follows: Mr. Dal Jit Rai, assistant to the
head of the village of Kikhorthang in Chirang district, was allegedly
dismissed on the orders of the Dzongda because he is a Christian. In
addition, on 25 December 1992, when Mr. Dal Jit Rai was celebrating
Christmas with other Christian families, a former policeman is said to
have photographed them at prayer. After this incident, the worshippers
were summoned by the village head who reminded them of the ban on
practising Christianity and took them to the Dzongda. The Dzongda is
reported to have reaffirmed the strict ban. Shortly afterwards, three
Christians, Harka Bahadur Chimery, Raju Lama and Bhin Thapa were
allegedly beaten during interrogation. All Christian families were
allegedly forced to sign an appeal for permission to leave the country.
On 5 February 1993, the Christians are reported to have been expelled and
to have sought refuge on 13 February 1993 in a camp in Nepal.”
In reply to the allegation reproduced above, the Government of Bhutan
transmitted the following information to the Special Rapporteur on
17 November 1994:
“As you know, there are two religions practised by the people of
Tsirang - Hinduism by the Lhotshampas and Buddhism by the Northern
Bhutanese and some of the Lhotshampas. In the recent past, Christianity
had made some inroads into the district because of the close interaction
between the local people and the Christian missionaries across the border
in Assam and West Bengal, India. Christianity was being propagated
mainly from the border towns of Jaigaon in West Bengal and Dathgari in
Assam. Money, gifts and scholarships were being used as incentives for
people to convert to Christianity. Selected converts were used to preach
and convert others in their villages in Tsirang.
The local Hindu population deeply resented the continuous attempts
by these persons to preach and convert them to a different faith. The
matter was tabled by the representatives of the various blocks of
villages during the Fifty-eighth Session of the District Committee (DYT)
meeting on 27 September 1992. As the matter could not be resolved at the
DYT meeting, it was brought up by the people's representatives of Tsirang
during the Seventy-first Session of the National Assembly in
October-November 1992. Although the people's representatives from
Tsirang and other southern districts called for a ban on Christianity,
the National Assembly resolved that the matter should be dealt with in
accordance to the resolutions of previous Assembly Sessions, namely the
E/CN. 4/1995/91
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resolutions passed during the Thirtieth Session in 1969 and the
Fifty-first Session in 1979. The Seventy-first Session of the National
Assembly directed the District Development Committees to deal with such
matters in accordance with these resolutions. The essence of these
resolutions is that, while a person can practise any religion privately
in his home, attempts to convert others to a different faith are strictly
forbidden.
On 25 December 1992, Christian families in Tsirang gathered in
Tshokhana and Kikorthang gewogs to celebrate Christmas. In Kikorthang
more than 50 Christians had gathered in the house of Dal Bahadur Rai of
Salami village. After prayers were said, a dance and drama programme was
staged. The village volunteers who were patrolling the area round 6 p.m.
to guard their villages against terrorist raids asked the Christians to
disperse before dark. The Christians refused and a quarrel broke out.
The village volunteers reported the matter to the gup who sent the male
Christians with the volunteers to the Dzongda. The Dzongda told the
Christians that it was not advisable to move about at night because of
the disturbed situation and the threat of terrorist raids. He advised
them to go back to their villages.
In Tshokhana the celebrations were carried out in the house of
Shivalal Gurbachan at upper Tshokhana. After prayers inside the house,
the Christians who had congregated from nearby villages and other gewogs,
staged religious dramas and danced in the open ground outside the house.
Tape recorders played songs at full volume. Village volunteers who were
patrolling the area round 8.30 p.m. asked the Christian families to stop
the celebrations and disperse as the gathering was unauthorized. The
families refused and a heated argument ensued. The matter was brought to
the attention of the gup who reminded the families that according to the
National Assembly resolutions they should practise their religion
privately and not publicly.
No person in connection with the two incidents was beaten up or
interrogated as alleged. Nor was any action taken against any of the
Christians. No Christian family was forced to apply for permission to
leave the country and no one was expelled on 5 February 1993 as alleged.
It is surprising how Christians from Tsirang could have sought refuge in
Nepal on 13 February 1993, as the applications of those Christians who
did apply for emigration were confirmed and endorsed by the DYT only on
19 May 1993.
The first applications by Christians to emigrate were submitted on
6 January 1993, by four Christian families. They were followed by
several more applications. On 19 May 1993, the District Development
Committee sought confirmation from each of the applicants as to whether
they still wished to emigrate. On receiving further information from the
applicants the DYT endorsed their applications to emigrate. It was only
subsequent to this that 9 families and 22 individuals emigrated and left
Tsirang.
A total of 102 Christians have left Tsirang. Among them are Dal
Jit Rai of Beechgaon village under Dunglagang gewog, Harka Bahadur
Ghimerey of Salami village under Kikorthang gewog, Ehim Bahadur Mongar of
E / CN. 4 /1995/91
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Gopini village under Dunglagang gewog and Bhim Bahadur Mongar of upper
Tshokhana village under Tshokhana gewog, all of whom emigrated after the
DYT meeting endorsed their application on 19 May 1993. Bhim Thapa
mentioned in the allegation is probably Bhim Bahadur Mongar of Gopini or
Bhim Bahadur Mongar of upper Tshokhana. No record of a Raju Lama in
Tsirang could be found.
The allegation that Christians are ill-treated and compelled to
leave Bhutan is baseless and false. It is true that our Lhotshampas of
Tsirang and other districts in Southern Bhutan are deeply resentful of
the efforts by missionaries across the border to convert them from
Hinduism to Christianity. They even brought the matter to the National
Assembly in 1992 as I have mentioned above. However, the National
Assembly did not accept their request to ban Christianity. In fact, both
His Majesty the King and the Home Minister recommended that the matter
should be dealt with in accordance with previous Assembly resolutions
which allow a person to practise any religion in his or her home and only
prohibits attempts to convert persons to a different faith. I have
attached copies of Resolution 19 of the Thirtieth Session in 1969 and
Resolution 16 of the Fifty-first Session of the National Assembly
in 1979. I have also enclosed Resolution 26 of the Fifty-sixth Session
and Resolution 12 of the Seventy-first Session of the National Assembly
in 1992 for reference. Please convey to those concerned that the
allegation received is malicious and politically motivated.
Proceedings and resolutions adopted at the Fifty-sixth Session of the
National Assembly, held from 25 June 1982 to 1 July 1982
26. Matter regarding preservation of religion, culture and traditions
The Chimi of Daifam stated that the main traditional religion in
Bhutan is Buddhism expect for Hinduism in the South. These religions
have been well preserved and have been the basis of strong religious and
cultural values which have contributed to peace in the country. He
proposed that in future, the introduction of other religions like
Christianity and Islam or adoption of any alien culture and tradition
should be totally banned in order to preserve the existing religions,
culture and tradition.
In response, the Director of Education stated that he fully
supported and appreciated the views expressed by the public
representatives. He added that the importance of preserving our own
religion, culture and tradition had been discussed in the previous
session of the National Assembly. The Department of Education for its
part, to preserve the religion, culture and tradition, had introduced a
special subject in all schools. With regard to discipline, the Director
informed the National Assembly that wherever school teachers enforce
strict discipline in the schools, complaints are made by parents and the
general public with a request either to dismiss or transfer such
teachers. He further stated that the task of teaching religion, culture
and tradition and maintaining discipline among students was the
E/CN. 4/1995/91
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responsibility of both the teacher and the parents. He appealed for
cooperation from both the parents and the public.
Most Chimis agreed that it was important to preserve our religion,
culture, traditions and discipline in Bhutan. They stated that
traditions and discipline were being well maintained in the outlying
Dzongkhags and remote places. However, they were deteriorating in
schools and government departments in towns. They proposed that the
Ministry of Home Affairs, the Police and the Department of Education
should ensure that traditions and discipline were maintained by the
public and students.
The National Assembly resolved that all ministries and heads of
departments should emphasize the importance of preserving religion,
culture and traditions and maintain strict discipline among staff and
students.
Proceedings and resolutions adopted at the Fifty-first Session of the
National Assembly held from 18 to 29 November 1979
16. Preaching of Christianity prohibited
The Member for Bongo and Gyeta pointed out that Bhutan is a
Buddhist country but there are a few people who follow the Christian
religion, particularly in schools where some Fathers preach Christianity.
The Christian religion, he said, is not only contradictory to Buddhism,
but in the long run would harm the unity of our country because of the
differences in faith. Thus, he requested the Assembly to ban the
preaching of this religion. The majority of the members supported this
view.
The Secretary of the Planning Commission explained that the
Government had already laid down the following principles.
(a) Christians are not allowed to preach their religion in
public;
(b) Only academic studies are to be taught in schools and no
Christian religion and practice are to be taught;
(c) Christians are allowed to practise their religion in their
homes;
(d) Any person found preaching Christianity in public shall be
expelled from the country.
The National Assembly resolved that the preaching of Christianity
in public shall be banned. Moreover, the existing morning and evening
prayers in some of the schools shall be stopped.
E / CN. 4 /1995/91
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Resolution adopted during the Thirtieth Session of the National Assembly
of Bhutan held on 27 May 1969 corresponding to the 11th day, 4th month of
the earth bird year
19. Matters relating to the reincarnation of foreign lamas in Bhutan
Bhutan being a Buddhist country, it was apprehended that in future
many Tibetan lamas may reincarnate in Bhutan. In order to avoid
embarrassment, the Assembly noted that if any Tibetan lama reincarnated
in Bhutan, those coming to recognize the reincarnation should report the
matter to the Government and be accompanied by representatives of the
monk bodies, two government officials, and the village headman of the
village where the birth took place, to carry out the following tests:
(i) The reincarnated lama (Trulku) , between 3 to 5 years of age,
should be able to recount details of his previous life.
(ii) He should be able to identify items of his personal
possession in the previous life from many similar objects.
If the Trulku was found to be genuine, and decided to leave the
country with those recognizing him, he would forfeit his citizenship on
the very day he left the country. In the event that his parents desired
to visit the Trulku and return thereafter, they were to obtain the
necessary permission from local Dzongda. If the Trulku wished to return
to Bhutan, he would be required to obtain a permit like any other
foreigner entering the country. He would be permitted to stay at the
place of his birth, but he would neither be permitted to introduce any
new religious system nor to set up any new monastery or monk body.
Trulkus desiring to stay in Bhutan and wishing to join the monk body
would be governed by the rules and regulations of the country's monk
body.
Proceedings and resolutions of the Seventy-first Session of the National
Assembly of Bhutan
12. Ban on Christianity
The people's representative of Chirang Dzongkhag requested the
National Assembly to ban Christianity in Bhutan and that people already
converted should be stopped from practising the religion. They said that
Christianity was spreading in Chirang and becoming a serious problem.
Bhutan being a small country should not have too many religions.
Buddhism and Hinduism which were the two recognized religions of the
country were brother religions. The introduction of other religions
would create serious social problems. Already family strife was taking
place due to differences of religious beliefs among family members. The
people's representatives said that they had heard that many emigrants who
had left Bhutan and gone to the camps in Jhapa, Nepal were being
converted to Christianity with incentives of Rs.500/- and assurances of
further rewards. Word was being spread in Chirang that potential
emigrants should convert to Christianity so that it would be convenient
for them when they arrived in Jhapa.
E/CN. 4/1995/91
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The people's representative from Kalikhola stated that according to
the resolutions of earlier sessions of the National Assembly, Buddhism
and Hinduism were the only two recognized religions of Bhutan. However,
as the Government had not taken any note of the situation, Christianity
was spreading along the border areas and creating serious social
problems.
The Samdurpjongkhar chimi pointed out that Buddhism and Hinduism
were the only two recognized religions in the country; allowing other
religions would result in serious problems for the country. For the
benefit of future generations, he requested the National Assembly to pass
a resolution that no other religion would be allowed in Bhutan.
Several people's representatives stated that countries all over the
world had their own different religions, customs and laws. Bhutan, too,
should allow and uphold only those religions that have traditionally been
recognized. If proselytizing of other religions were allowed it would
cause sectarian friction which would lead to serious social problems.
The Home Minister pointed out that the practice of religions other
than the ones already recognized had been discussed several times in
previous sessions of the National Assembly. During the Thirtieth Session
of the National Assembly in 1969, it had been resolved that no religions
other than the ones already recognized would be allowed in the country.
Also, according to Article 16 of the Fifty-first Session of the National
Assembly, while all other religions could be practised privately, no
proselytizing would be allowed. He, therefore, recommended that the
house should direct the Dzongkhag Yargye Tshogchungs to decide on the
matter in accordance with the Thrimshung Chenpo and the resolutions of
the previous sessions of the National Assembly.
The representative of the Dratshang Lhentshog pointed out that all
religions were good and existed for the benefit of sentient beings. The
problems in the world that have been related to religion did not arise
from the religions themselves but were caused by the shortcomings of the
practitioners. He therefore proposed that, as recommended by the Home
Minister, the existing laws and Assembly resolutions should form the
basis for all steps taken to ensure that no sectarian problems arose in
Bhutan.
Other people's representatives pointed out that if proselytizing of
different religions were allowed in a small country like Bhutan, it would
create social disharmony and might even harm the security and sovereignty
of the country due to misunderstandings over religion with big countries.
Buddhism and Hinduism were two brother religions in harmony with each
other. The practice of different religions in the country would create
disharmony and problems would arise as pointed out by the Lhotshampa
chimis.
The Dagapela chimi pointed out that although Buddhism and Hinduism
had the same origin, because there were differences in practice a few
difficulties did arise at times. But Christianity being totally
different from these two religions, the problems which had already
E / CN. 4 /1995/91
page 27
started to arise in Chirang because of the spread of Christianity would
disrupt social harmony throughout the country if no timely steps were
taken. He therefore proposed that the resolution taken during the
Fifty-first Session of the National Assembly on the practice of different
religions should be strictly implemented.
The Chirang Dzongda said that the DYT had received reports that
there were many Christians trying to convert people to Christianity.
This had resulted in frequent problems between Christians and Hindus in
the Dzongkhag. The Dzongda reported that bibles printed in Nepali were
being sent from Thimphu and distributed to the people. Accordingly, the
DYT had decided to request the National Assembly to ban Christianity.
His Majesty the King informed the Assembly that the issue of
allowing different religions in the country had been thoroughly discussed
during the Thirtieth Session of the National Assembly in 1969 and also
during the Fifty-first Session in 1979. The issue was also clearly
covered by the Thrimshung. If these resolutions and the law were
followed, the issue could be taken up by the Dzongkhag Yargye Tshogchung
and there would be no need for the Assembly to promulgate any new law.
The Assembly resolved that copies of the resolutions of the
previous sessions of the National Assembly and the clauses of the
Thrimshung pertaining to religion would be distributed to the chimis.
The matter should thereafter be taken up in the concerned DYTs and dealt
with accordingly.
Explanation of terms
1. Gewog - Block, smallest administrative unit
2. Gup - Elected member of village who serves as
both Chairman, Block Development
Committee and village elder
3. Dzongkhag - District (there are 20 districts in the
country)
4. Dzongda - District Commissioner
5. Dzongkhag Yargye - District Development Committee in which
Tshogchung (DYT) all members are elected. The only
non-elected members are the Dzongdag
and one officer representing the
government development agencies
6. National Assembly - National legislative body
comprising of 150 members
7. Chimi - Member (elected) of the National
Assembly
8. Dratshang Lhentshog - National Council of Monks
E/CN. 4/1995/91
page 28
9. Thrimshung Chenpo - The law of Bhutan
10. Lhotshampas - Ethnic Nepalese who comprise the main
population in the four southern
districts
11. Chirang/Tsirang - Southern district where 95 per cent are
Hindus
12. West Bengal & Assam - States of India contiguous to Bhutan
13. Lama - Buddhist monk.”
Bulgaria
In a communication dated 31 August 1994, addressed to the Government of
Bulgaria, the Special Rapporteur transmitted the following information:
“According to information received, 24 sects are said to have been
officially declared illegal by the Cabinet Council in 1994, and the
following in particular: White Brotherhood, Angels of Salvation,
Soldiers of Christ, Soldiers of Justice, Wassan, Emmanuel, Gedeon,
Salvation and Jehovah's Witnesses.
A climate of religious intolerance is reported to be affecting the
Jehovah's Witnesses in particular. This is being fostered by the mass
media, which are allegedly conducting a smear campaign by, for example,
describing Jehovah's Witnesses as child murderers or the devil and
demanding that they should be banished. During a radio broadcast, an
appeal was reportedly made to the population to cooperate in driving the
Jehovah's Witnesses out of Plovdiv.
Jehovah's Witnesses are reported to be the object of threats and
acts of violence. Two female Jehovah's Witnesses were allegedly beaten
up in the street and the police apparently refused to report the
incidents. In addition, two young ministers were reportedly prevented
from leaving their homes and were threatened with imprisonment and death.
It is also reported that the followers of Hare Krishna have been
physically attacked in the street and have difficulty in obtaining
adequate police protection.
Evangelists also face numerous obstacles in obtaining visas and
residence permits and are also subjected to threats. In particular it is
reported that a bomb threat was made in connection with the opening of an
evangelical college.
The following case was also brought to the Special Rapporteur's
attention:
E / CN. 4 /1995/91
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On 15 April 1994, Father Yorolan (Bancho) Petrov, a married priest
and father of three, is reported to have been shot through the heart in
front of a mosque in the village of Surnitsa, in the Velingrad region, by
a municipal policeman, Viktor Duvkov. Father Petrov is said to have been
a former member of the clergy of the Patriarchate of Bulgaria who joined
the Old Calendarist Greek Metropolitan Cyprian of Oropos and Fili several
years ago after severely criticizing the Patriarchate.
Father Petrov is reported to have gone to Surnitsa to buy a car
from Mr. 0. Olikanov, whom certain information later identified as an
employee of the Department of Security and Protection under the former
regime. Not finding Mr. Olikanov, Father Petrov apparently looked for a
bank where he could deposit the money he had intended to use to pay for
the vehicle. Failing to find one, he apparently decided to make some
purchases, including logs of wood for a church in Sofia. However, Muslim
extremists had allegedly called the police to report that a man in a
cassock was going around the town in a suspicious manner. On leaving the
town, near a petrol station, Father Petrov seems to have been violently
accosted and pursued by two men in civilian clothes armed with a
submachine gun and a pistol. The priest regained the town and apparently
stopped in front of a mosque where he was killed by Mr. Duvkov, one of
the two assailants identified as belonging to the police.
The Special Rapporteur was also informed that an act of
February 1994 was apparently adopted to provide a legal framework for
religious activity, particularly that of sects, and that a decree which
came into force in Plovdiv in March 1994 reportedly made religious
activities subject to certain restrictions.
The Special Rapporteur would like to receive these texts, together
with any pertinent comments which the Government of Bulgaria may wish to
make.”
On 10 November 1994 the Permanent Mission of Bulgaria transmitted the
following information in reply to the allegations mentioned above:
“The Government of Bulgaria complies strictly with the provisions
of the International Covenant on Civil and Political Rights and other
international human rights instruments incorporated into the Bulgarian
Constitution. The right to freedom of worship is not and cannot be
restricted, except in the cases set out in article 13.4 (‘Religious
institutions and communities may not be used for political purposes') and
article 37.2 (‘Freedom of conscience and religion may not be practised in
a form detrimental to national security, public order, public health and
morals, or the rights and freedoms of others') of the Constitution of the
Republic of Bulgaria, and article 9.2 of the Convention for the
Protection of Human Rights and Fundamental Freedoms. The liberalization
of Bulgarian legislation which took place after 1989 following the repeal
by the Constitutional Court of several provisions of the Worship Act
which infringed the Constitution, has resulted in legal texts being
brought strictly into line with international human rights norms. At the
E/CN. 4/1995/91
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same time it has enabled a number of ‘charismatic' sects which are not
recognized in other European countries and are negatively regarded in the
rest of the world to become established in Bulgaria.
Early in 1994, the National Assembly of the Republic of Bulgaria
adopted an act amending the Persons and Family Act, which was published
in Official Bulletin No. 15/1994.
The Persons and Family Act does not deal with worship, which is
covered by the Worship Act, but with associations and foundations which
represent non-profit-making bodies engaged in religious activities and
religious education.
The new article 133a of the above-mentioned Act concerning such
associations and foundations reads as follows: ‘Non-profit-making bodies
which are engaged in an activity relating to worship, in a religious
activity or in religious education shall be registered in accordance with
the order set out in this chapter once the approval of the Council of
Ministers has been obtained. ‘ In accordance with the transitional
provisions of the Persons and Family Act, (1) ‘The non-profit-making
bodies referred to in article 133a which have already been registered
shall obtain a new registration the application for which shall be filed
by their governing bodies within the three months following the entry
into force of this Act, with the approval of the Council of Ministers,'
and (2) ‘The registration of non-profit-making bodies which do not comply
with the conditions of the previous paragraph shall be withdrawn and
their activities suspended. ‘
In amending the Persons and Family Act, legislators have
endeavoured to prevent failure to comply with the Worship Act on the part
of associations the objectives of which are concerned with worship, but
whose statutes and activities infringe Bulgarian legislation.
In implementation of the Persons and Family Act, the Council of
Ministers approved a new registration procedure on 25 June 1994 for
22 religious associations previously registered as non-profit-making
bodies under the said Act.
As a result, on 25 June 1994, 30 denominations and 22 associations
and foundations engaged in religious activity and religious education had
been legally registered in Bulgaria (in 1989 4 denominations were
registered) .
The associations and foundations which have not received the
approval of the Council of Ministers for a new registration - a total
of 24 - have statutes containing provisions which infringe Bulgarian
legislation and thus are subject to the limitations referred to in
article 9.2 of the Convention for the Protection of Human Rights and
Fundamental Freedoms and reproduced in article 37.2 of the Constitution
of the Republic of Bulgaria, or have submitted documents containing some
irregularity. The Council of Ministers considers the registration
documents in accordance with the procedure laid down by the law and its
decisions, adopted following consultations with all the competent bodies
E / CN. 4 /1995/91
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and once they have been shown to be legally sound, are published in the
Official Bulletin . These decisions do not contain value judgements on
the doctrines of the religious communities from a theological point of
view, but take account only of the requirements of the law.
No one can be prosecuted for his religious beliefs in Bulgaria, but
the State is legally empowered to determine whether, through
registration, a religious community may acquire the privileged status of
a denomination as provided for by the law. If a religious community is
not registered, the individual rights of its members, particularly with
regard to the choice of religion, are not thereby infringed. The
Government is persuaded that the freedom to choose a religion cannot be
made subject to any legal sanction. It is a fundamental right of the
individual, bound up with his own personal spiritual inclinations.
The Bulgarian Government has no information concerning specific
allegations about acts of repression directed against members of the
Jehovah's Witnesses. It should be explained that the prohibition of
blood transfusions contained in their doctrine constitutes a direct
threat to the health of Bulgarian citizens, while the refusal to take an
oath to the Bulgarian flag infringes the Universal Military Service Act
and thus affects State security.
The decree quoted, issued by the municipal council of the city of
Plovdiv in March 1994 and imposing illegal restrictions on the activities
of religious communities, was repealed by an order of the prefect of
Plovdiv, following a proposal by the Department of Worship to the Council
of Ministers.
The conflict between the members of the International Society for
Krishna Consciousness (a legally registered denomination) and the
inhabitants of the district of Philipovtzi, Sofia, was resolved when the
Department of Worship stepped in.
In order to prevent any recurrence of this type of problem, the
Department of Worship has put forward a proposal for the drafting of a
new order on the registration of the local chapters of denominations,
establishing the registration procedure and guaranteeing their rights.
It is, however, a fact that some of the mass media put out negative
value judgements, which are not always very balanced, with regard to
certain religious communities practising in Bulgaria. In the context of
freedom of opinion and expression and of the freedom of the press, and
bearing in mind that the Constitution prohibits censorship, the Bulgarian
Government is seeking to persuade the mass media of the need to show
greater tolerance and competence in their approach to problems relating
to religious denominations.
All the Protestant denominations in Bulgaria, of which there
are 21, are registered as such in accordance with the law. The
Government's efforts here are aimed at ensuring their freedom of action
so that they cannot be described as ‘sects' infringing the rights of
their followers.
E/CN. 4/1995/91
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The tragic incident in the village of Surnitsa, commune of
Velingrad, where Father Petrov was gunned down on 15 April 1994 by the
person referred to in the annex to your letter, is under judicial
investigation and all the pertinent documents are before the competent
bodies. Once the inquiry is closed, the documents will be made public.
It can already be said that this is a serious crime, the motives for
which will soon be discovered. “
Canada
In a communication dated 20 October 1994, the Special Rapporteur
transmitted the following comments to the Government of Canada:
“According to the information received, Paul William Roberts, an
English writer and expert on Islam, was reportedly stabbed at his home on
12 May 1994, the day his novel, The Palace of Fears , was published.
Two days before the attack, his publishers, Random House, received
two letters accusing him of blasphemy for having included quotations from
the Koran in his book alongside references to sex and blasphemy. He is
reported to be hiding following this attempt to kill him.”
Cyprus
In a communication of 18 August 1994 addressed to the Government of
Cyprus, the Special Rapporteur transmitted the following information:
“Reports have been received of violations of the right to
conscientious objection.
The Special Rapporteur has been informed that the House of
Representatives passed an act in January 1992, recognizing the right to
be a conscientious objector and providing for ‘unarmed military service'
inside or outside military camps. However, the provisions of this act
allegedly do not conform to international norms, in many respects. It is
not clear from the text whether service performed outside military camps
is strictly civilian. It is of 42 months' duration, which appears
punitive compared to the normal 26 months of military service,
particularly as conscientious objectors must complete additional service
of a duration equivalent to the periods of reserve duty. Furthermore,
the right of persons eligible for military service to opt for a
substitute service is reportedly suspended during states of emergency or
periods of general mobilization.
According to some reports, in 1992, 15 conscientious objectors, who
were Jehovah's Witnesses, were imprisoned for periods of up to 15 months.
In particular, Christakis lonathan Christoforou was allegedly sentenced
in November 1992 to one year's imprisonment for having refused to do his
military service. Athinakis Zinonos was reportedly sentenced to
15 months' imprisonment in December 1992, on the same grounds. It was
reportedly the second time in two years that the two men had been
sentenced to imprisonment for having refused to do their military
service.
E / CN. 4 /1995/91
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In July 1993, 28-year old Georgios Anastasi Petrou, from Strogolos
in Nicosia, was reportedly sentenced to six months' imprisonment.
Nese Yasin, a Turkish Cypriot poet and writer was allegedly detained for
24 hours, on 28 September 1993, for his prominent role in the support
committee to protest against the detention of the conscientious objector,
Salih Askerogul. The latter was said to have been arrested on
27 September 1993 and condemned early in November to three years'
imprisonment on a charge of spreading propaganda against the security
forces. Upon his release, Nese Yasin was reportedly subjected to close
police surveillance.
Cuba
In a communication dated 17 August 1994 addressed to the Government of
Cuba, the Special Rapporteur transmitted the following information:
“The Special Rapporteur has been informed that serious attacks on
the right to freedom of religion of Jehovah's Witnesses and Seventh Day
Adventists have apparently continued. In 1993, the Jehovah's Witnesses
were allegedly accused of clandestine printing after searches of their
homes revealed the existence of religious material. Some Jehovah's
Witnesses have also reportedly been accused of forming illegal
associations after holding religious meetings. They are also said to
have been accused of contributing to juvenile delinquency, ‘not complying
with duties related to respect and love of country', and ‘abuse of the
freedom of religion' after refusing to honour the symbols of the Cuban
State because of their religious beliefs. The Jehovah's Witnesses and
Seventh Day Adventists, considered as active religious enemies of the
revolution, are alleged to be under surveillance and frequently
ill-treated by the Committee for the Defence of the Revolution (CDR) .
The following cases were brought to the attention of the
Special Rapporteur: several Baptists were reportedly arrested early in
February 1994 and accused of ‘counter-revolutionary activities'. On
1 February 1994, two security agents in civilian clothes reportedly went
to the Salvador Allende Hospital in Havana and took Dr. Eliezer Veguilla
(aged 35) away to an unknown destination. Dr. Veguilla is said to be a
lay leader of the World Brotherhood of Baptist Youth. On 3 February, his
family reportedly heard that he was being held with other Baptists in
Cienfuegos. After six weeks of pre-trial detention, Dr. Veguilla was
apparently released without explanation. The other Baptists arrested
appear still to be detained.
According to numerous reports, the authorities are endeavouring to
restrict and control religious activities. It seems that all religious
organizations must be registered and officially recognized. In addition,
the authorized religious organizations are reported to be able only to
carry out their activities in officially-designated places of worship.
The building of new churches is reportedly forbidden, thus obliging many
believers to meet in private. Religious holidays have apparently been
banned since 1961. In addition, religious processions are allegedly not
permitted outside places of worship, nor may religious organizations have
access to the mass media.”
E/CN. 4/1995/91
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Egypt
In a communication dated 21 October 1994 addressed to the Government of
Egypt, the Special Rapporteur transmitted the following allegations:
“The Special Rapporteur has been informed that acts of violence
committed by Islamic fundamentalist groups have greatly increased in
number. They allegedly committed 137 assassinations in the course
of 1993, the main targets being representatives of the State, the
national security forces, Egyptian Coptic Christians and foreigners.
Since March 1992, more than 138 policemen have reportedly been
killed by Muslim extremists. On 13 May 1994, for example, three
policemen are reported to have been killed and another injured in the
region of Asyut in Upper Egypt. In 1993, at least 26 civilians were
allegedly killed in bomb attacks by extremists, who also claimed to have
carried out the attempted assassinations of Prime Minister Atef Sedky, in
November 1993, the Minister of the Interior, Hassan Al-Alfi, in
August 1993, Army General Othman Shahine in Cairo in July 1993 and the
Minister of Information, Safwat Al-Scherif, in April 1993, as well as the
assassinations of Abdel Halim Ghobara, Qena Governorate Deputy Director
of Security, Brigadier-General in August 1993 and Mohamed Abdel Latif
El-Shimi, Asyut Governorate Deputy Director of Security,
Brigadier-General, in April 1993.
The Copts are said to be regular victims of violence, attacks and
killings (dozens of killings were reported for 1992-1993) . The
Rapporteur was informed of the following cases: on 3 January 1993, a
Coptic church was allegedly burnt down at Dairut. Next day, in the same
town, a Coptic share-cropper is reported to have been murdered and a
Coptic pharmacist seriously injured. In September 1993, a Coptic
jeweller was allegedly murdered and robbed of his gold. In April 1993,
at Asyut, Muslim extremists reportedly tried to kill a Coptic writer,
Shehata Guirgis. Two young Copts, Adil Bushra Agab (22 years of age) and
Rafiq Atif Ibrahim (20 years of age) are reported to have been murdered
in the streets of the town of Meir on 26 February and on 1 March 1994, in
an attack by Muslim fundamentalists on the Monastery of the Virgin in the
province of Asyut, a priest, a monk and three visitors are reported to
have lost their lives while three other persons were seriously injured.
The priests are apparently regularly subjected to threats and demands for
money by Muslim fundamentalist groups.
The military personnel assigned to protect the Coptic churches in
the Governorate of Asyut and Al-Minya in Upper Egypt were reportedly
withdrawn following numerous fatal attacks on the soldiers by the Muslim
fundamentalists of the Al-Gamaa Al-Islamiya movement. The Copts would
seem to be in an unsafe position, but the necessary preventive measures
have not always been enacted or implemented, any more than have
proceedings against the perpetrators of the violations.
Pastor Williams (35 years of age) , a member of the Assemblies of
God of Izbit-al-Sabh, was allegedly subjected to three unsuccessful
E / CN. 4 /1995/91
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attacks by Muslim extremists, on 8 August 1993, 30 November 1993 and
22 March 1994. These repeated attacks seem to show that Pastor Williams
has been targeted to be killed at all costs.
Religious extremism is also reported to be manifest in schools,
despite the directive of the Ministry of Education. In some schools,
Christian and Muslim children have allegedly been separated and have no
common activities. In others, Christians are said to be subjected to
constant victimization and pressure. In March 1993, the two-week
expulsion of four pupils from a secondary school for playing a cassette
containing anti-Christian comments in class reportedly caused
anti-Christian riots and petrol-bomb attacks on the local church, in
which at least 52 Christians were injured.
The public education curricula are also allegedly discriminatory in
so far as Christian pupils are obliged to memorize verses of the Koran as
part of their Arabic studies. The Copts also seem to be the object of
discrimination regarding admission to the State medical schools. Similar
discrimination is allegedly also found in public sector jobs such as the
police, the army and other government institutions.
The Coptic church is reportedly the object of discriminatory
practices such as delays in the issue of permits to build or restore
places of worship. The Government reportedly arbitrarily confiscated the
land of a Coptic church for the use of the Ministry of Islamic Affairs.
An Egyptian administrative court apparently decided in 1989 that this
land should be returned to the Coptic church. However, this decision has
not to date been acted on.
The Special Rapporteur was also informed that, while freedom to
change one's religion was not explicitly condemned by law, article 98 f
of the Penal Code was sometimes invoked in punishing the conversion of
Muslims. This article prohibits any act which ‘dishonours or shows
contempt for a holy place or a religious sect with the intention of
undermining national unity and public order' . Egyptian courts have
reportedly upheld the principle that Muslims cannot change their identity
document in order to record their conversion to another religion. As a
result, married men who are no longer Muslims must register their
children as Muslims. In addition, the pressures exerted by the family
and society allegedly make it practically impossible for a Muslim to
convert to another religion. Cases brought to the Rapporteur's attention
can be summarized as follows: in February 1993, four Christian
foreigners are reported to have been detained for more than two months,
and then expelled on 10 May 1993 for proselytizing Muslims; an Egyptian
Christian, Abdul Hamid Adel Nafa, aged 25, who was arrested along with
the four foreigners, was allegedly accused of proselytism but was not
released. After being placed initially in the psychiatric ward of the
Abasseya Hospital, Cairo, he has apparently been held in the Al Khana
institution for the mentally ill since August 1993.
In October 1992, Hanaan Rahman Assofti, aged 26, who had renounced
Islam for Christianity, was allegedly arrested by State Security officers
at Cairo Airport when leaving to meet her fiance abroad. She is reported
E/CN. 4/1995/91
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to have been placed by the police under the surveillance of her parents
who were made responsible for bringing her back to Islam. Hanaan Rahman
Assofti was allegedly placed in confinement, threatened with death by
members of her family and subjected to an intensive programme of
religious re-education to make her abjure Christianity.
The Special Rapporteur has been informed that the Egyptian writer,
Alaa Hamed, who was sentenced in 1990 to eight years' rigorous
imprisonment (the sentence was not executed because it was not ratified
by the Prime Minister) for having written a book entitled Distance in the
Mind of a Man , was reportedly sentenced a second time in 1992 by the
Court of Public Morals to one year in prison for a book called
The Mattress , which was printed, but never published, and is reportedly
regarded as blasphemous.
Mr. Hamed is reported to have appealed to the High Court. He was
dismissed from his job in July 1994 on the grounds that The Mattress
reflects his opinions, which are incompatible with his obligations as an
official of the Income Tax Department, especially as he is constantly
with his female colleagues and deals with the public.
Mr. Hamed is accused of ‘showing contempt for Islam by describing a
love scene which takes place on a prayer rug'. Mr. Hamed states: ‘What
I write has nothing to do with religion. Writing is a creative act.
Religion is a relationship between the individual and God' .“
United Arab Emirates
In a communication dated 5 September 1994, addressed to the Government of
the United Arab Emirates, the Special Rapporteur transmitted the following
information:
“According to information received, Shiite Muslims in the Emirate
of Ras al-Khaimah are not allowed to have their own mosque. In addition,
the Emirate of Dubai is said to have placed private mosques under the
control of the ‘Department of Islamic Affairs and Endowments' which, if
true, would result in that Department having a bigger say in the
appointment of preachers. Non-Muslims would be unable to proselytize in
public or distribute religious literature.
The following cases, briefly summarized here, have been brought to
the Special Rapporteur's attention:
In 1993, a British Christian was reportedly arrested and sentenced
to six months' imprisonment for proselytizing;
In 1992, Mr. Vasudevan Pillai, an Indian writer and Director of the
University of Calicut School of Theatre, was reportedly sentenced
in absentia to six years' imprisonment by the Sharjah civil court for
blasphemy. He was convicted on the grounds that he had written a play
based on a work by Safdar Hashemi and entitled ‘Ants that Feast on
Corpses', although Mr. Pillai apparently denies translating the work in
question. The play allegedly depicts ants feeding on the bodies of
E / CN. 4 /1995/91
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Christ, Marx and Mohamed and a Christian, Marxist and Muslim who bury and
eat the bodies. The play is also said to question what Christ, Marx and
Mohamed actually did for the world. Ten Indians who put on a production
of the play on 28 May 1992 at the Indian Social Centre as part of the
theatre festival organized by the ‘Kerala Art Lovers Association' are
said to have received the same sentence as Mr. Pillai, to be followed by
deportation. Following an appeal in 1993, 2 of the 10 Indians subject to
deportation reportedly had their sentences increased to 10 years.”
Ethiopia
In a communication dated 5 September 1994, addressed to the Ethiopian
Government, the Special Rapporteur transmitted the following comments:
“According to the information received, there have been serious
violations of religious freedom in Ethiopia.
Protestant churches are reported to have been subj ected to
violations committed by members of the Orthodox Church.
During the first half of 1992, a young Protestant of the Mekane
Jesus Church was reported to have been killed and several hundred others
to have been wounded. In the provinces of Wollega and Kefa, 24 Lutheran
churches were allegedly set on fire and other religious buildings
ransacked. The Orthodox Church is alleged to have been responsible for
all these acts.
In 1992, in central Berthane, members of the Orthodox Church are
alleged to have committed acts of violence against members of the
Pentecostal Church. At Gojam, a group of young members of the Orthodox
Church are reported to have attacked an Evangelical Church member,
putting out an eye. At Alamatta, in the Wallo region, a Pentecostal
couple are said to have had to be married in a prison, under police
protection, after Orthodox followers had chased and beaten the guests.
At Debre Birhan, young Orthodox followers are reported to have beaten and
stabbed Pentecostals and to have destroyed their houses and belongings.
At Wolbareg, in the Gurage area, Orthodox followers are said to have
prevented Evangelicals from burying their dead in the cemetery beside
their church so that they were forced to travel to Addis Ababa,
50 kilometres distant, in order to perform the burials. Orthodox Church
members are also reported to have violated the tomb of an Evangelical
Christian in the cemetery of Debre Zeit on 8 December 1992.
According to certain reports, in late 1993 a number of attacks were
made on the Orthodox Church and particularly on Patriarch Abune Paulos.
These incidents appear to have involved armed attacks with bombs as well
as interruptions of religious services.”
E/CN. 4/1995/91
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Russian Federation
In a communication dated 21 October 1994, addressed to the Government of
the Russian Federation, the Special Rapporteur transmitted the following
allegations:
“The Special Rapporteur has been informed of the existence of
restrictive bills relating to religion. These texts reportedly violate
the rights of religious minorities. They are said to give priority to
the Orthodox Church in respect of the restitution of land and assets
confiscated under the old regime and to limit access to property for
foreign religious groups. “
Ghana
In a communication dated 5 September 1994, addressed to the Government of
Ghana, the Special Rapporteur transmitted the following comments:
“According to certain reports, conflicts of an ethnic and religious
character that occurred in the north of the country in February 1994
caused the death of at least 1,000 people. The clashes are said to have
involved mainly representatives of the Dagomba and Nunumba ethnic groups,
on the one hand, and the Konkomba on the other. Many villages are
reported to have been set on fire and their fleeing inhabitants pursued
as far as Tamale. The Catholic church is reported to have been attacked,
with Islamized Dagombas suspecting the Catholics of helping the
Konkombas.
Furthermore, foreign missionaries are reported to have encountered
difficulties in obtaining visas and residence permits.”
On 14 September 1994, the Government of Ghana sent its comments on
the above-mentioned communication to the Special Rapporteur:
“I have the honour to acknowledge receipt of your Note
No. G/SO 214 (56-8) of 5 September 1994 bringing to the Mission's
attention a summary of information on Ghana which has recently come to
your knowledge.
The so-called summary of your information purports to give the
purely ethnic conflict in northern Ghana a religious undertone. I wish
in this regard to assure you that Ghana is a secular State in which there
is freedom of religion. Indeed, Chapter Five of Ghana's current
Constitution on Fundamental Human Rights and Freedoms, article 26,
states:
‘ (1) Every person is entitled to enjoy, practice, profess, maintain
and promote any culture, language, tradition or religion,
subject to the provisions of this Constitution;
(2) All customary practices which dehumanize or are injurious to
the physical and mental well-being of a person are
prohibited.'
E / CN. 4 /1995/91
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I also wish to take this opportunity to enclose for your
information my Foreign Minister's statement to the Diplomatic Corps in
Ghana regarding the northern conflict on 23 March 1994. The statement is
very clear on the background to the conflict and it will be very
misleading to read any religious causes into it.
As regards the alleged difficulty encountered by missionaries in
obtaining visas and residence permits, this Mission is at a loss in
understanding why the matter is being raised here. Missionaries, like
any other foreign visitors, require visas to enter Ghana as is the
practice with numerous countries. In Ghana's case, applications for
visas or residence permits are treated on their own merits and it is
inconceivable that a visa application will be refused just because the
applicant is a missionary.
If, on the other hand, a missionary is making an application with
the sole purpose of visiting an area of conflict, then I submit that the
Special Rapporteur should be the first to understand the alleged
difficulty which might stem from the desire not to expose the applicant,
be he a missionary or an ordinary tourist, to danger. In point of fact,
paragraph 24 of my Foreign Minister's statement specifically advised the
members of the Diplomatic Corps not to visit the conflict areas for
obvious reasons. The Honourable Foreign Minister went on further to
clarify the procedure that must be followed should such a visit become
absolutely necessary.
Finally, the Mission would like to caution the Special Rapporteur
on basing his actions on reports that at best can be described as sketchy
and lacking in substance. Having said this, let me assure the Special
Rapporteur that this Mission and the Government of Ghana remain ready and
willing to cooperate with him to address serious concerns which are
germane to the fulfilment of his mandate.”
Greece
In a communication dated 3 November 1994, the Special Rapporteur
transmitted the following information to the Government of Greece:
“According to the information received, 400 conscientious objectors
belonging to the Jehovah's Witnesses faith are currently imprisoned in
Greece, mainly in the disciplinary cells of military camps, the military
prisons of Avlona and Sindos and the prison farms of Kassandra and
Kassavetia. They have reportedly been sentenced to four-year prison
sentences, which could be reduced to approximately three years through
work.
Some of them are said to have been subjected to physical and
psychological ill-treatment by military personnel and members of the
military police during their detention in prison or in camp. The alleged
purpose of this ill-treatment was to force the prisoners to change their
minds about being conscientious objectors.
E/CN. 4/1995/91
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Several conscientious objectors are said to have been refused any
food for several days and denied the right to write letters or make
telephone calls to their closest relatives. It is also reported that
they are held in unheated cells that let in the rain in mid-winter. Some
are said to have been subjected to humiliating punishment, such as being
woken up and made to clean the toilets at 2 a.m. every day and forced to
remain standing for hours.
Conditions of detention in the disciplinary cells of Nigrita Serres
are alleged to be particularly harsh: damp cells, no windows, a single
bench, only 4 square metres of space, and negligence in food distribution
on the part of the guards.
The following cases were brought to the attention of the Special
Rapporteur and summarized as follows:
Mr. Charalombos (Babis) JIIdreopoulos :
On 19 January 1993, Mr. C. Andreopoulos, a Jehovah's Witnesses
minister, is said to have applied to the competent authorities for
exemption from military service on the basis of article 6, paragraph 1 c,
of Law 1763/1988, which stipulates that ‘religious ministers of known
religions shall be exempt from military service' . On 22 January 1993,
the Larissa recruiting office, and on 10 February, the National Defence
Headquarters/Recruitment Division are reported to have rejected his
application, refusing to recognize the Jehovah's Witnesses faith as a
known religion. In similar cases, the Greek Council of State is said to
have considered that ‘Jehovah's Witnesses are members of a known
religion' .
On 24 March, Mr. C. Andreopoulos reportedly lodged an appeal with
the Commission of the Council of State in order to obtain a stay of
judgement. On 29 March, the appellant's counsel are said to have
obtained an interlocutory decision from the Council of State
recognizing Mr. C. Aridreopoulos to be a religious minister and for that
reason exempt from military service. On the basis of that decision,
Mr. C. JIIdreopoulos reportedly appealed to the Ministry of National
Defence, which is said to have deferred the complainant's recruitment
into the army from two to three months. Mr. C. Andreopoulos is said to
be expecting an official decision from the Council of State before the
expiry of the aforementioned time-limit. It is reported that his case
will be considered on 24 November 1994.
Leaders of the Jehovah's Witnesses congregation in Alexandroupolis
Concerning this case, dealt with in two previous reports
(E/CN.4/1992/52, E/cN.4/1994/79), the Special Rapporteur was informed
that, following the decision of 2 July 1991 by the Alexandroupolis Court
to acquit the leaders of the Jehovah's Witnesses congregation charged
with the illegal use of a house of prayer and to order the removal of the
seals from that site, the police reportedly performed the operation on
2 July 1991.
E / CN. 4 /1995/91
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However, the Public Prosecutor, who had initiated proceedings, is
said to have appealed against the decision before the removal of the
seals.
On 21 March 1992, a court composed of three magistrates is reported
to have considered the case on appeal and to have sentenced each of the
defendants to 30 days' imprisonment. The sentences are said to have been
subsequently commuted as follows: 400 drachmas for each day of
imprisonment for the first and the third defendants and a suspension of
the prison sentence for a three-year period in the case of the second
defendant, provided that he pay legal costs. In July 1993, this sentence
was reportedly confirmed by the Supreme Court (Areopagos) .
Jehovah's Witnesses congregation of Gazi in Heraklion (Crete )
Concerning this case of the closure of a meeting place of the
Jehovah's Witnesses congregation, on the first occasion for lack of a
permit issued by the local Orthodox Church authorities and by the
Ministry of National Education and Religious Affairs, then on the second
occasion for proselytism (case described in detail in report
E/CN.4/1994/79) , on 7 August 1991 the accused reportedly referred the
matter to the European Commission on Human Rights.
On 14 September 1993, the Heraklion superintendent of police is
alleged to have announced by decree that it had been ‘decided to close
and seal the place of worship of the Jehovah's Witnesses, created and
opened on 30 July 1983 in Gazi-Maleviziou/Heraklion (...) and that the
decision shall remain effective until a permit has been granted' .
Congregation of Jehovah's Witnesses of Naoussa
In the town of Naoussa, 100 kilometres west of Thessaloniki, the
Jehovah's Witnesses reportedly lodged an application with the Municipal
Town-Planning Commission for a building permit for a meeting room.
Following representations by the local Greek Orthodox Metropolitan
Bishop, it is alleged that the mayor of Naoussa refused to issue a
permit.
Furthermore, the laws on education in force are said to make it
difficult to appoint teachers not belonging to the Orthodox faith in
Greece, and in particular Jehovah's Witnesses. In this connection, it
would appear that, to the knowledge of the Special Rapporteur, no
solution has been found to the cases of Pilaftsoglou, Tzenos and Nomidis,
whose applications for teaching permits are alleged to have been turned
down on account of their belonging to the Jehovah's Witnesses faith (case
described in report E/cN.4/1994/79). The Patros Court of Appeal should
decide on the case of Treafilos Tzenos on 28 May.
Reportedly, Mrs. Theofilos Tzenos lodged an appeal with the Council
of State, which heard her case on 11 March 1993. The Council of State is
said to have not yet handed down a decision.
E/CN. 4/1995/91
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In addition, according to the information received, in schools
young Jehovah's Witnesses are victims of manifestations of religious
intolerance (verbal insults, physical attacks) , and it is alleged in
particular that the books used for religious instruction denigrate the
religion of the Jehovah's Witnesses.
The Jehovah's Witnesses are also alleged to suffer arbitrary
arrest, harassment and ill-treatment by the police services, in
particular the security police. Moreover, these incidents are said to be
going hand in hand with a recrudescence of acts of vandalism and insults
directed not only against places of worship but also against Jehovah's
Witnesses personally.
According to some information, the evangelical community has been
refused permission to continue broadcasting from its private religious
television station, “Hellas 62”.
The Special Rapporteur was informed that two imams, invited by the
members of the Muslim Turkish minority during the month of Ramadan to
attend to their religious needs, were refused permission to enter Greece
by the Greek authorities at the border post of Ipsala, on
17 February 1994.
The Special Rapporteur was informed that the mosque of
Alexandroupolis was destroyed on 13 March 1993 following a fire. An
official investigation reportedly reached the conclusion that the imam of
the mosque had been negligent. According to certain information, the
investigation was biased and the police forced the witnesses to give
false evidence.
Furthermore, the Asagi Mahalle and Hurriyet Mahallesi mosques, in
Xanthi, and the Kirmahalle and Tabakhane mosques, in Komotini, are
alleged to have been subject to bombing attacks or arson.
The Tabakhane mosque in Xanthi was reportedly razed to the ground
by bulldozer by the municipality. A dervish's sacred dwelling (dervish
Sodpe) dating from the fourteenth century is alleged to have been
demolished on the pretext of renovation. Despite the Government's
promises to rebuild it, it is reported that no action has so far been
taken.
Furthermore, according to the information received on 6 April 1993,
the Greek legislators have voted a law making it compulsory for citizens
to declare their religion on their identity cards.”
India
In a communication dated 5 September 1994, addressed to the Government of
India, the Special Rapporteur transmitted the following comments:
“According to the information received, relations between Hindus
and Muslims continue to be strained since the attack on and destruction
E/ CN. 4 /1995/91
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of the Babri Mosque in Ayodhya on 6 December 1992 (E/CN.4/1994/79,
para. 55) . Concerning the serious inter-community disturbances, in
Bombay in particular, in January 1993, which were reported in the
communication of 10 November 1993 addressed to the Indian Government, the
Special Rapporteur received additional information indicating that at
least 550 people were killed and 2,500 injured. Certain persons are
reported to have been stoned to death and/or burned alive. According to
a report by the ‘Indian People's Human Rights Tribunal' published in
August 1993, these events were part of an organized crime perpetrated by
communalists in cooperation with the police. The report states that the
police either stood by and watched or supported the Hindu attackers.
According to numerous reports, most of the victims were Muslims.
Furthermore, on 12 March 1993 numerous bomb attacks were reported in
Bombay, in particular against tourist hotels and markets, killing at
least 250 people. Police investigations are said to have found one
Muslim family to be responsible, but the reason for the attack is not
clear. In Maharashtra, the police reportedly conducted large-scale
indiscriminate raids among all Muslims who might have been involved in
the Bombay attack.
Cases of serious violations in Kashmir and Jammu and the Punjab
have also been referred to the Special Rapporteur.
In Kashmir and Jammu, Muslim extremists are said to be continuing
their persecution of the Hindu minority. They are said to have attacked
Hindu pilgrims near Anantnag on 3 August 1993, killing one person and
injuring 23 others. On 14 August, the extremists allegedly stopped a bus
and killed 16 Hindu civilians. They are also said to have killed a Hindu
leader. On 15 September, they planted a bomb in a Hindu temple, killing
one person and injuring eight others.
According to the information received, most of the Muslims in
Kashmir are caught between the violent actions of the Muslim extremists
and those of the security forces taken against any insurrection and even
against civilians.
In the Punjab, a Sikh religious leader, Gurev Singh Kaonke, is said
to be missing since 2 January 1993.
Regarding the Christians, there is said to be no national
legislation prohibiting proselytism by Indian Christians. However, the
laws of some States discourage Christians from practising openly.
Resident foreign missionaries are generally able to renew their visas,
but since the mid-1960s, entry for new resident missionaries is denied.
A certain increase in conversions among the tribes continues to create
tensions, and foreign Christian missionaries are said to be denied entry
permits for the States in the north-east.”
In response to the above-mentioned allegation, the Permanent Mission of
India transmitted the following information to the Special Rapporteur on
17 November 1994:
E/CN. 4/1995/91
page 44
“1. I write with reference to your letter No.G/50 214 (56-8)
dated 5 September 1994. In this communication you made some general
observations and pointed out some specific cases of alleged religious
intolerance and discrimination against religious minorities in India.
wish to clarify that the allegations contained in the above-mentioned
communication do not conform to the facts.
2. The Indian people are heirs to an ancient tradition of tolerance
and respect for different religions and faiths. It is for this reason
that India is home to so many differing linguistic and religious groups.
India is the birthplace of four major religions - Hinduism, Buddhism,
Jainism, Sikhism. Christianity, Islam, Zoroastrianism and Judaism came
to India and made it their home. We are proud to count among our
nationals nearly every major religious denomination, including their
sects and sub-sects. Even non-believers enjoy equal rights with all
others in India. Over 90 million Muslims have been born since 1947.
Likewise other religious minorities exist in tens of millions.
3. The very Preamble to the Indian Constitution declares India to be a
‘Secular, Democratic Republic and to secure to all its citizens ...
liberty of thought, expression, belief, faith and worship'. To
underscore the right to freedom of religion, this and associated rights
are deliberately placed in the Chapter on Fundamental Rights. These
rights enshrined in the Constitution are justiciable before an
independent judiciary. This has been further reinforced by the
establishment of a Minorities Commission in 1978 to safeguard the
interest of other minorities. These Commissions monitor the safeguards
available under the Constitution and the legal framework for the
protection of minorities, make recommendations to improve implementation
of these safeguards, keep under constant review policy pursued by the
Union of the State Governments with respect to minorities to look into
specific complaints regarding deprivation of rights and safeguards of
minorities such as where appropriate additional legal and welfare
measures for minorities, make periodical reports to the Government etc.
4. Despite the efforts of the Government, explicit provisions of the
Constitution and the fact that our people, by and large, have a secular
outlook, incidents of communal violence have occurred occasionally. In
considering such developments, however, we should not fail to make a
distinction between cases where incidents have occurred for reasons
beyond the control of Governments and those instigated and abetted by the
Governments themselves. States should be judged not by acts of extremism
committed by individuals, groups and segments of society, but by their
philosophy and practice of religious tolerance and their treatment of
minorities. The speed and effectiveness with which Governments take
remedial action to correct any such wrongs is a measure of the religious
tolerance of and the position of minorities in that society and polity.
5. The observations that the relations between Hindus and Muslims
continue to be strained as a result of the destruction of the Babri
Mosque in Ayodhya on 6 December 1992 is a misrepresentation of the facts.
It would be appropriate to mention that since January 1993 there have
been no incidents of communal tension and the Muslims and Hindus have
E / CN. 4 /1995/91
page 45
been living in harmony in keeping with the tradition of Indian society.
The Government of India is determined to remain faithful to its secular
commitment.
Babri Masjid
6. In our letter No. GEN/PMI/352/26/93 dated 17 December 1993 we
provided detailed background on the developments that led to the
unfortunate demolition of Babri Mosque. As stated therein, the incident
was immediately condemned in the strongest possible terms by the highest
authorities in the land and comprehensive remedial measures were promptly
instituted.
7. Since our earlier communication to you on this subject, the Central
Bureau of Investigation (CBI), which is an apex body for investigation,
was asked by the Government of India to carry out a detailed
investigation. Notwithstanding the fact that the mosque was pulled down
by a riotous mob of several thousand persons, making investigations
exceedingly difficult, charges were initiated before a special court
against 40 persons. The court has begun the process of trial. Regarding
the rebuilding of the mosque and a temple, the Government of India had
sought an advisory opinion from the Supreme Court of India and would
abide by the opinion of this apex judicial body in India. The Supreme
Court in its verdict of 24 October 1994 has revived title suits regarding
the structure under dispute, permitted the settlement of the dispute
through negotiations, upheld acquisition of land by the Government -
except the disputed area - ordered compensation to be paid to owners for
land acquisition and, more significantly, convicted the former Chief
Minister of the State of Uttar Pradesh, Mr. Kalyan Singh, for contempt of
court for violating its orders prohibiting the erection of a permanent
structure in the disputed area in Ayodhya in July 1992.
8. The rioting in some parts of India following the unfortunate
destruction of the Babri Jasjid mentioned in the annexure is the
exception rather than the norm. It was the product of communal tension,
exacerbated by inflammatory rhetoric and action from across national
frontiers, which were used by anti-social elements for their own
interest. However, to argue that any single community was victimized is
grossly incorrect. All Indians, irrespective of their religion,
suffered. Not only have comprehensive judicial inquiries been instituted
but prompt relief and rehabilitation measures have also been taken which
have entailed disbursement of 10 million rupees. These steps are in the
best traditions of India's secular polity and in keeping with its long
history of respect and tolerance for all religions, beliefs and
practices.
Disturbances in Bombay
9. As regards the disturbances in Bombay following the 6 December 1992
incident, these were brought under control speedily by the State
administration. There was recurrence of communal riots in Maharashtra in
the first week of January 1993. To help the local police to control the
situation, substantial paramilitary forces, including the newly created
E/CN. 4/1995/91
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Rapid Action Force were made available by the Centre. Army columns also
were deployed to help the Administration to control the riots and restore
normality. Union Ministers and the Prime Minister also visited Bombay.
Persons who lost their lives, received injury and lost property, belong
to various communities and there was a fair share of members of both the
major communities. The State Government ordered a judicial inquiry on
25 January 1993 to inquire into the riots which took place in the area of
the Bombay Police Commissionerate. Justice B.N. Srikrishna, a sitting
judge of the Bombay High Court has been appointed for the inquiry. The
terms of reference include: (i) the circumstances, events and the
immediate causes of the incidents which occurred in the Bombay Police
Commissionerate area in December 1992 and on or after 6 January 1993;
(ii) whether any individual or group of individuals or any other
organizations, were responsible for such events and circumstances;
(iii) the adequacy or otherwise of the precautionary and preventive
measures taken by the police preceding the aforesaid incidents;
(iv) whether the steps taken by the police in controlling the riots were
adequate and proper and whether the police firing, resulting in deaths,
was justified or not; and (v) the measures, long- and short-term, which
are required to be taken by the Administration to avoid recurrence of
such incidents, to secure communal harmony and also to suggest
improvements in the law and order machinery.
10. Regarding the alleged police inaction, partiality etc. during the
riots, the facts will come out during the inquiry report. In the
meantime the Bombay Police Commissionerate has been completely
reorganized dividing the city in four regions, each headed by one
Additional Police Commissioner. Three posts of Joint Commissioners of
Police in the rank of IGP have been created. One Joint Commissioner of
Police each looks after administration, crime and law and order,
respectively. The Special Branch and the Crime Branch have also been
reorganized and additional posts of officers and men have been
sanctioned.
11. The Government has disbursed an amount of about Rs. 14 crores to
the next of kin of persons who have been killed and an amount of
Rs. 97 lakhs has been disbursed to the injured persons so far. The
latest position of the number of houses/huts etc. damaged and the
disbursement of assistance is:
Number of houses/huts/shops/ Number of houses/huts/shops/
stalls/handcarts affected stalls/handcarts for which
assistance has been disbursed
Houses 774 668
Huts 23 370 23 369
Shops/stalls 5 544 5 523
Handcarts 496 356
12. Thus at every stage the Government of India has demonstrated the
will and the capacity to take remedial steps, as well as protective and
rehabilitation measures, in respect of persons belonging to minorities in
India and to restore amity and harmony among all communities.
E / CN. 4 /1995/91
page 47
Bombay Bomb Blasts
13. As far as the Bombay blasts of March 1993 are concerned, these were
acts of externally sponsored terrorism aimed at destabilizing the
country's economy and creating a wedge between Hindus and Muslims. On
11 March 1993, a series of powerful bombs simultaneously exploded at
various public places including the Stock Exchange, hotels, etc., killing
over 250 persons and injuring 628 persons and destroying property worth
about Rs. 270 million. Investigations have revealed the direct
involvement of the Yakub Memon family and also the involvement of a
neighbouring country in sponsoring, planning, providing training and
material, including explosives, for the blasts. It is only incidental
that the large number of persons arrested for involvement in these blasts
were Muslims, as has been the case in some similar acts of terrorism,
including the bombing of the World Trade Center in New York. It is
incorrect to suggest that the search for those responsible for the bomb
blasts was exclusively focused on the Muslim community. It may be
mentioned that investigations in Bombay have also revealed the use and
involvement of elements, a large number of whom are non-Muslims, who are
also equally the subject of police attention and action, including
arrests already made. It is therefore unfortunate that in the
communication it has been indirectly suggested that the Muslims have been
singled out for investigation in this case.
Punj ab
14. You have raised some concerns on the basis of reports received by
you about religious intolerance in Punjab. In this context, let me at
the outset mention that Sikhs in Punjab are the majority community and
the reality is that in Punjab the Sikh community have always lived in
harmony with the main minority community of Hindus. As indicated in my
letter No. GEN/PMI/352/26/93 dated 17 December 1993, there has been no
discrimination or ill treatment of the Sikhs in Punjab or any part of
India. The problems that arose in Punjab were due to the religion-based
terrorist elements, externally encouraged, who sought to widen the
communal divide between the Sikhs and other communities for their
political ends. In the course of time, as many Sikhs fell victims to the
terrorist bullets and bombs as Hindus. This defeated the aim of the
terrorists of communalizing the Punjab polity. The people of Punjab have
rejected terrorist violence and have demonstrated their faith in the
democratic process by electing representatives to the State and national
legislatures in elections held during 1992. Peace has returned to
Punj ab.
15. With regard to Gurdev Singh Kaonke, the authorities concerned have
investigated the allegations and have provided the following information.
Gurdev Singh Kaonke, resident of Kaonke village in Punjab, was arrested,
on charges inter alia of murder, on the basis of a case registered on
8 December 1992. He was questioned by the police and admitted his
involvement in terrorist activities. He also disclosed that he had
concealed two AK-47 assault rifles with ammunition near a Sikh temple at
Karian. He led the police to the place of concealment where AK-47
ammunition was recovered. At that place, the police party was fired upon
E/CN. 4/1995/91
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by unidentified assailants. In self-defence, the police party returned
the fire. During the exchange of fire, Gurdev Singh Kaonke escaped.
When the firing ceased, Gurdev Singh Kaonke was untraceable. Another
case for violation of the Arms Act was registered against Gurdev Singh
Kaonke on 2 January 1993. The case is under investigation. The facts
quoted above show that there is nothing to establish that Gurdev Singh
Kaonke, prima facie, was tortured by the police. Since he absconded,
Kaonke has not reappeared, perhaps because of the serious charges pending
against him.
Jammu and Kashmir
16. Similarly Jammu and Kashmir, a symbol of India's secular democracy,
has been a target of externally sponsored religion-based terrorism for
the last five years. The aim is to divide people on the basis of
sectarian affiliation and undermine the secular fabric and territorial
integrity of India. Jammu and Kashmir is home to Muslims of various
hues, Hindus, Buddhists, Sikhs and Christians, who have traditionally
lived in harmony. What in fact has happened is the deliberate targeting
of Kashmir Hindus by fundamentalists, terrorist groups and foreign
mercenaries. The persecution by Muslim extremists of the Hindu minority
and the systematic religion-based extremism of terrorist elements has
resulted in the exodus of 250,000 members of the Hindu and other
minorities from the Kashmir Valley to other parts of India.
Fundamentalists and terrorists have also targeted and assassinated Muslim
intellectuals and liberal Muslim leaders in Jammu and Kashmir. As a
consequence, as many as 50,000 Muslims have also been compelled to flee
the Valley to seek safety in other parts of India.
17. The common man in Kashmir, both Muslim and Hindu, today yearns for
the restoration of his liberal ethos and historical and cultural
heritage. The people of the State have begun to see through the design
of the extremists, terrorists and their foreign masters. This had led to
an escalation by the latter, infiltrating armed foreign mercenaries into
the State to whip up religious hysteria and maintain the cycle of
violence. A concrete manifestation was the deliberate campaign of
forcible occupation and desecration of places of worship of both
communities, attacks on Hindu pilgrims, thwarting of holy pilgrimages,
assassination of political and religious leaders. As recently as
June 1994, the Mirwaiz (a Muslim religious leader) of South Kashmir was
kidnapped and murdered by an externally sponsored fundamentalist
terrorist group and Hizbul Mujahiddin. The populace protested at the
murder in huge demonstrations against extremists, terrorists and their
foreign sponsors.
Christians
18. The allegations regarding the position of Christians in the
communication are completely incorrect. There are no laws in any of the
States against the practice of Christianity or any other religion. The
existence of Christianity in India long predated its contact with
European civilization. There are more than 16 million Christians in
India with almost every major denominational church of the Christian
E / CN. 4 /1995/91
page 49
faith represented there. The Christian community in India runs a wide
network of churches, seminaries and welfare institutions throughout the
length and breadth of the country. The Christian community [ has enriched
India's national life and Indian Christians] have held and are holding
the highest State and government posts. For example, the Governor of the
State of Mahasrashtra, where the Christian Community Welfare Council of
India is located, is himself a Christian. This is also the case with
several members of the Indian Cabinet. It is evident that the Christian
community could not have flourished as it has without the atmosphere of
freedom and tolerance which exists in India. You would also probably be
aware that Hinduism is not a proselytizing religion and it is a measure
of the tolerance of the Indian secular polity that other religions and
faiths, including Christianity, are permitted to proselytize. As far as
the activities of foreign missionaries are concerned, while there are no
restrictions on the activities of such missionaries resident in India,
those of new foreign missionaries are regulated in accordance with
national laws.
19. You will no doubt agree that cultures and sub-cultures abound where
there is a solid ground of laws, practices and traditions respecting
human rights. No civilization could have lasted and flourished for 5,000
years unless it was rooted in sound societal values of freedom, dignity
and rights of human beings, who have access to their past and their
culture and have responsibility for their future.”
Indonesia
In a communication dated 20 October 1994, the Special Rapporteur
transmitted the following information to the Government of Indonesia:
“According to information received, followers of the Baha'i faith
have continued to suffer grave violations of the right to freedom of
religion. The situation of the Baha'i community, as described in
report E/CN.4/1993/62, paragraph 35, is said not to have improved.
Jehovah's Witnesses are also reported to have suffered a ban.
Furthermore, the cases of religious intolerance summarized below
have been brought to the attention of the Special Rapporteur:
- In June 1992, two students, Bambab Nahya Nirbita and Ambar Widi
Atmoko, were reportedly sentenced to two and a half years in
prison. They are said to have been arrested following complaints
lodged by certain persons who accused them of offending the Islamic
religion during a sketch they performed in late April 1992.
- In early January 1994, two young men, Djoni Purwoto and Sugiri
Cahyono, were reportedly sentenced to four years' and to three and
a half years' imprisonment respectively, for blasphemy. They were
accused of offending the Islamic religion during a play performed
at Salatiga in Central Java.”
The Special Rapporteur has also been informed that the 1975
Marriage Act prohibits registry offices from registering marriages of
persons not belonging to one of the five known religions (Islam,
Hinduism, Buddhism, Catholicism, Protestantism) .
E/CN. 4/1995/91
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Islamic Republic of Iran
In an urgent appeal dated 3 August 1994, the Special Rapporteur
transmitted the following observations to the Government of the Islamic
Republic of Iran:
“According to information received by the Special Rapporteur,
Rev. Tatavous (Tateos) Mikaelian, successor of the recently murdered
Bishop Haik Hovsepian-Mehr as the Chairman of the Council of Protestant
Churches and former General Secretary of the Iran Bible Society, would
have disappeared after leaving home on 29 June 1994 and would have been
found murdered on 2 July. Besides Minister Mehdi Dibaj, released on
16 January after nine years in prison, would have disappeared on 24 June
and have been discovered murdered.
The Special Rapporteur would like to express his deep concern and
would be grateful to your Government to provide him with any relevant
information as well as with its views and observations.”
In a communication dated 18 August 1994, the Special Rapporteur
transmitted the following information to the Government of the Islamic
Republic of Iran:
“Baha' i community
The Special Rapporteur has been informed that the situation of the
Baha'i community, as reported in the communication of 8 December 1993,
has continued to worsen during 1994. The religious activities of the
Baha'is continue to be strictly prohibited, and the Baha'is are being
totally denied their various rights because of their religious belief.
In particular, they continue to be banned from public office,
agricultural cooperatives, institutions of higher education and ownership
of businesses, and their individual and jointly-owned property is being
confiscated and even destroyed. In addition to the cases of execution
and disappearance referred to in the communication of 8 December 1993
addressed to the Government of the Islamic Republic of Iran, nine Baha'is
are currently imprisoned because of their religious belief:
Mr. Bakhshu'llah Mithaqi, arrested at Karaj on 17 October 1985.
Mr. Kayvan Khalajabadi and Mr. Bihnam Mithaqi, arrested at
Gohardasht on 29 April 1989. On 31 August 1992, they were arbitrarily
sentenced to death by the Islamic Revolutionary Tribunal after being held
without formal charge or trial since April 1989. Following an appeal by
the two accused, the Iranian authorities allegedly stated that their
death sentence had been quashed by the Supreme Court. However, according
to some reports, on 8 December 1993 the two Baha'is were again sentenced
to death by the Islamic Revolutionary Tribunal in Tehran and filed an
appeal with the Supreme Court.
Mr. Husayn Ishraqi, arrested at Isfahan on 1 April 1992.
Mr. Nijatu'llah Bihin-Ain, arrested at Isfahan in July 1992.
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Mr. Husayn-Quli Rawshan-Damir, imprisoned on 27 June 1993.
Mr. A u Latifi, arrested at Urumiyyih on 7 September 1993.
Mr. Rabiu'llah Isma'ilzadiyan, imprisoned in Tehran (date unknown) .
Mr. Riyan Taid (date and place unknown) .
According to certain reports, in late December 1993 in Tehran,
Ayatollah JIIdolakrim Mousavi Ardebili, in a public sermon to his
congregation, cited a nineteenth century Muslim clergyman,
Saeed-al-Ulama Baboli, as follows: ‘For a long time I have been occupied
here with day-to-day issues. I am engaged in Baha'i-killing.' This
sermon was also broadcast on Radio Tehran.
Iranian Jewish community
The Special Rapporteur has been informed that
Mr. Feizollah Mekhubad, a 78-year-old member of the Iranian Jewish
community, has been executed. He was allegedly arrested two years ago
for ‘the crime of association with Zionism' and sentenced to death. The
sentence was then commuted to three years' imprisonment. After two years
in prison, Mr. Mekhubad was executed on 25 February 1994 without trial or
explanation. According to some reports, he was tortured before being
executed.
Members of various Christian Churches
The Special Rapporteur has been informed that a campaign against
Christians has been stepped up in recent months. It has allegedly led to
a whole series of persecutions, arrests, imprisonments and torture of
Iranian Christians, particularly Muslims who had converted to
Christianity and pastors and parishioners of Evangelical churches working
with them.
According to information received, in June 1993 the Iranian
authorities asked the representatives of the Christian Churches to sign
statements to the effect that they would not attempt to convert Muslims,
and, since August 1993, documents binding them to ban converted Muslims
from Christian services and to avoid using Farsi during services. Any
conversion of Muslims to Christianity carries the death penalty.
A number of churches, in particular Evangelical churches, have been
forced to stop conducting services, and since February 1990, the Iranian
Bible Society has not been allowed to open. The selling of Bibles is
prohibited, and 20,000 copies of the New Testament in Persian confiscated
in September 1991 have still not been returned.
There is said to be discrimination against Christians in public
service, and the Christian religion is reported to be denigrated,
particularly in the State schools' religious instruction classes.
The Special Rapporteur has learned that Bishop Haik Hovsepian-Mehr,
President of the Council of Protestant Churches and General
Superintendent of the Churches of the Assemblies of God in Iran,
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disappeared on 19 January 1994 after leaving his home to meet someone at
Mehrabad airport in Tehran. According to some reports, Bishop Hovsepian
was taken to a government office. On 30 January 1994, the police told
Bishop Hovsepian's family that his body had been found, riddled with
knife wounds, on 20 January 1994, on the old Shemran road in the Tehran
suburbs. They stated that the victim's body had already been buried and
his family was only able to identify him through a photograph. The
Bishop, who was aged 49, was married and had four children. He had
conducted a successful international campaign to obtain the release of
Reverend Mehdi Debbaj and distributed a report on violations of religious
freedom in Iran. He had also refused to sign a statement, required by
the Ministry of Islamic Guidance, indicating, in his capacity as a
Christian in the Islamic Republic of Iran, that Christians were able to
exercise all constitutional rights. Bishop Hovsepian's murder is
reportedly linked to the latter events.
The Special Rapporteur has also received information to the effect
that Reverend Tatavous (Tateos) Mikaelian, successor to Bishop Haid
Hovesepian Mehr as President of the Council of Protestant Churches and
former Secretary-General of the Iranian Bible Society, disappeared after
leaving home on 29 June. His body was reportedly identified in a city
morgue on 2 July 1994 by his son. He had been shot three times in the
head.
According to the information received, Reverend Mehdi Debbaj (cited
in document E/CN.4/1992/52) , a former Muslim who converted to
Christianity and was sentenced to death for apostasy and imprisoned
without trial for nine years, was released on 16 January on condition
that he remained available for further investigations if necessary.
However, the charge against him was not withdrawn, and fresh accusations
of ‘religious espionage' and defamation of Ayatollah Knomeini were made
against him. His wife also reportedly received threats of stoning to
death if she did not agree to recant her faith. Under coercion she
divorced her husband and married a Muslim extremist. Her four
children were taken in care by the church, where they remain.
Reverend Mehdi Debbaj allegedly disappeared on 24 June 1994. According
to information received, Reverend Mehdi Debbaj, along with a group of
Christian believers, had left Tehran on 20 June, to attend a Christian
retreat in Karaj . Four days later, he reportedly left on his own to
return to Tehran to join his family in celebrating the birthday of his
daughter and was found murdered on 5 July 1994.
The situation of Reverend Edmond and of Mr. Mohamad Sepehr, a
Muslim who converted to Christianity, described in the communication sent
to the Permanent Mission of the Islamic Republic of Iran on
8 December 1993, remains unchanged.
Others
The Special Rapporteur has received information to the effect that
an Iranian writer, Mr. Ali Akbar Saidi Sirjani, was arrested in
mid-March 1994 by the Iranian police and officially charged in April with
several serious offences, namely, drug trafficking, links with
E / CN. 4 /1995/91
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counter-revolutionary elements, receiving large sums of money from such
groups, relations with a group of officers of the former regime linked to
the Savak and homosexuality. Under Iranian law, each charge would be
sufficient for the writer to be sentenced to death. According to the
information received, Mr. Saidi Sirjani has been wrongfully accused and
has in recent years been violently attacked, in particular in certain
Iranian newspapers, because of his writings, which are perceived as being
anti-Islamic.”
On 29 August 1994, the Government of the Islamic Republic of Iran
transmitted the following information to the Special Rapporteur in reply to
the communication of 18 August 1994 mentioned above:
“I have the pleasure to provide to you, in reference to your letter
dated 18 August 1994, the following information regarding the cases of
Christian pastors in the Islamic Republic of Iran which have been
received from relevant authorities in Tehran.
The judicial authorities of the country after the recent incidents
of killing Christian pastors initiated thorough investigation with the
assistance of law enforcement personnel in order to trace perpetrators.
Consequently a suspect named Mrs. Farahnaz Anami is arrested in
Zahedan (Sistan Balouchestan Province) and sent immediately to the court
for further investigation.
In the later stages of judicial interrogation, Mrs. Anami provides
detailed information about the murder of Mr. Michaelian by her and her
accomplices. She further disclosed that she was also given the
responsibility of finding a suitable place for burying Mr. Dibaj, another
Christian pastor who was murdered in another incident elsewhere.
Two other persons were also arrested in this regard on the basis of
information received from Mrs. Ariami on the charge of complicity in the
murder of the above-mentioned pastors. The perpetrators furthermore
claimed that the assassination of Christian pastors was carried out on
the orders of the Iraqi-based Mojahedin Khalq Organization (MKO) to which
they affiliate and the plan included other religious figures.
Investigation still continues to find other accomplices and the persons
involved in the murder of Mr. Dibaj and Hospian Mehr.
It is to be noted that the reply in regard to other cases referred
to in your letter would be sent in due course.”
Iraq
In an urgent appeal dated 3 August 1994, the Special Rapporteur
transmitted the following observations to the Government of Iraq:
“According to information received by the Special Rapporteur, on
21 July 1994, Hujjat al-Islam Sayyed Mohamed Taghi al Khoei, the son of
the late Grand Ayatollah al Khoei and the General Secretary of the
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al Khoei Foundation would have been killed while travelling home from a
visit in Kerbala accompanied by his brother-in-law, Amin Khalkhali and
his six-year-old nephew.
The three passengers and the driver of their car would have been
killed. The car would have been totally burned and the bodies mutilated
on the highway linking Kerbala and Najaf.
The Special Rapporteur would like to express his deep concern and
would be grateful to your Government to provide him with any relevant
information as well as with its view and observations.”
In a communication dated 5 October 1994, the Special Rapporteur
transmitted the following allegations to the Government of Iraq:
“According to information received, the Assyro-Chaldeans and the
Shiite Muslim community are subjected to numerous acts of religious
intolerance.
The Assyro-Chaldeans
It is reported that Bishop Margigiz of Baghdad suspended a young
36-year-old priest, Emmanuel Yuhanna residing at Dohuk and working for
the Eastern Assyrian (Nestorian) Church at Mansouriya, in April 1994.
The latter was allegedly informed of this measure on his return from a
journey abroad for medical reasons, the official explanation given being
his unauthorized absence from the parish. However, according to some
reports, Bishop Margigiz was compelled to take this disciplinary measure
under pressure from State officials.
The Shiite Muslim community
The Special Rapporteur has been informed of the death of
Muhammad Taqi al-Khoei, son of the late Grand Ayatollah al-Khoei and
Secretary-General of the al-Khoei Foundation. The latter was travelling
in the company of his brother-in-law Amin Khalkhali, his six-year-old
nephew and his chauffeur. On the way back from a visit to Karbala, their
car apparently crashed into an unlit lorry blocking the motorway at
around 11 p.m. The driver and the child reportedly died instantly, while
Taqi and Amin Khalkhali bled to death, abandoned at the roadside. It is
reported that an ambulance arrived at 4 a.m. in order to remove the
bodies and that, that same morning, Government officials buried the
bodies in a hurry without any respect for rituals and notwithstanding the
objections of the deceased persons' relatives.
It seems that the incident of the unlit lorry blocking the road was
staged intentionally in order to kill Muhammad Taqi al-Khoei. In recent
months, Muhammad Taqi al-Khoei had reportedly been threatened on various
occasions because of his activities for the al-Khoei Foundation abroad.
One week before his death, he was allegedly summoned to Baghdad and told
that he would not be allowed to leave Iraq for the annual meeting of the
governors of the al-Khoei Foundation. Moreover, a few hours before
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Muhammad Taqi's death, he is said to have informed the al-Khoei
Foundation that he would be unable to attend the scheduled meeting and
that his life was in danger.
In general, it would appear that the policy conducted by the Iraqi
authorities against the Shiite Muslim community in Iraq and its religious
or cultural institutions, as reported in the communication of
23 November 1993 addressed to the Iraqi Government (E/CN.4/1994/79),
continues to be systematically applied. In addition to the acts of
repression against Shiite Muslim clergy (including the detention of at
least 100 religious dignitaries or theology students since March 1993) ,
the destruction of mosques, libraries and highly religious sites, the
closure of established seminaries and the profanation of cemeteries
(mentioned in document E/cN.4/1994/79), in 1994 hundreds of relatives of
detained clergymen were allegedly deported by force.”
In an urgent appeal dated 1 November 1994, the Special Rapporteur
transmitted the following information to the Iraqi authorities:
“According to information I received in October 1994, members of
the al Khoei family were allegedly evicted from the late Grand Ayatollah
al Khoei's home in Kufa. The confiscation orders would have also
included a number of other houses belonging to members of al Khoei
clerical families. In addition, religious endowment properties allocated
for schools and mosques and administrated by the late Sayyed Taqi
al Khoei, were allegedly confiscated.
I would be most grateful to your Excellency's Government to provide
me with any relevant information concerning the above, as well as with
its views and observations.”
Israel and the occupied territories
In a communication dated 18 August 1994, the Special Rapporteur
transmitted the following observations to the Israeli Government:
“According to information received, on 25 February 1994, 30 Muslim
worshippers were killed by an Israeli settler while they were praying in
the Haram al Ibrahimi Mosque (tomb of the patriarchs) in al Khalil
(Hebron).
During the months just before that massacre, complaints had
allegedly been made about other acts of violence committed at al Khalil
and elsewhere by Israeli settlers who reportedly acted with complete
impunity, sometimes even before the eyes of Israeli soldiers.
The Special Rapporteur is also concerned about reports that some
31 Palestinians and 1 Israeli civilian have been killed since the events
at Hebron, by the Israeli forces in most cases, mainly during
demonstrations or riots, organized or occurring in protest against the
al Khalil massacre.
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Violent religious clashes are reportedly also continuing at
al Khalil.
On 16 May 1994, after a dispute between Israelis and Palestinians,
at least 12 Palestinians were reportedly injured by settlers and Israeli
soldiers. On 17 May, the armed wing of the Islamic militant Hamas group
allegedly murdered two Israelis and seriously wounded a third in the
head, south of al Khalil.
On 19 May, a Jewish settler from Goush-Kalif, in the south of the
Gaza Strip, was allegedly wounded by Hamas group militants in an attack
with automatic weapons.
The Special Rapporteur has also been informed that on
6 September 1993 an Israeli television journalist, Mr. Yoni Ben Menahem,
who had interviewed Mr. Yasser Arafat on 3 September 1993 in Tunis,
allegedly received a death threat from an extremist Jewish group called
Kach.”
Kazakhstan
In a communication dated 5 September 1994, the Special Rapporteur
transmitted the following information to the Government of Kazakhstan:
“The Special Rapporteur has been informed of violations of the
right to conscientious objection.
According to some reports, there are no arrangements for a
non-military national service for conscientious objectors. The following
case was brought to the attention of the Rapporteur and summarized below:
Mr. Roman Grechko, a Jehovah's Witness, was reportedly sentenced on
30 March 1994 to one year in prison by a court at Almaty for having
refused to do military service.”
Kenya
In a communication dated 18 August 1994, the Special Rapporteur
transmitted the following observations to the Government of Kenya:
“The Special Rapporteur has received reports that several incidents
have caused growing tension between Muslims and Christians and created
some hostility towards foreign Protestant humanitarian organizations. In
particular, some Islamic leaders from Wajir, in the north-east of the
country, have allegedly declared a jihad (holy war) against the Inland
Africa Church and World Vision, which support humanitarian projects in
Kenya. At a press conference on 24 August 2993, 15 Muslims extremist
leaders are alleged to have declared that, if the Government did not put
a stop to the activities of the two organizations, the Muslims of the
region would do so themselves.
Specifically the organization World Vision was reportedly accused
of being behind the desecration of 200 copies of the Koran, which were
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found in a latrine pit. World Vision reportedly denied any involvement
in that desecration but continued to be subjected to petty annoyances by
the authorities.
According to some reports, on 3 September 1993, a Christian pilot
was killed in the north-east of the country, when armed men attacked a
UNICEF post.
The Special Rapporteur has also been informed that the inter-ethnic
conflicts between the Masai and the Kikuyu have resulted in massacres and
the destruction of Catholic and Evangelical churches. In October 1993,
500 Masai allegedly attacked some Catholic and Evangelical places of
worship in the south-west of the country and killed 10 persons from the
Kikuyu tribe. This outbreak of violence is said to be a response to
attacks, cattle-stealing and the murder of an elderly Masai, by Kikuyu
from Narok.
The Masai are said to have damaged a Catholic church and beaten up
some Kikuyu taking refuge there. An Evangelical church has allegedly
also been destroyed. According to the information transmitted, Solomon
Mwangi Kimemia, President of the Independent African Pentecostal Church
of the Narok region allegedly died on 19 October 1993, from injuries
sustained when he was bludgeoned by Masai. On 13 October 1993, Pastor
John Karamu of the Church of the Disciples of Christ was allegedly
subjected to the same ill-treatment, but reportedly survived his
injuries.
The Special Rapporteur has also received information that, on
13 February 1993, the police confiscated copies of a Christian religious
magazine called Watchman . On 16 February, the police allegedly arrested
the Reverend Jamlic Miano, editor of the magazine, as well as another
journalist. They were accused of sedition and allegedly held for three
weeks before being released on bail.
Finally, it would appear from all these communications, that
inter-religious tension, a certain amount of insecurity, the destruction
of places of worship and threats to the life and physical integrity of
priests and pastors allegedly help to create an atmosphere of religious
intolerance and endanger the exercise of the freedom of worship. “
Lebanon
In a communication dated 12 September 1994, the Special Rapporteur
transmitted the following information to the Government of Lebanon:
“The Special Rapporteur has been informed of the attack on the
Church of Our Lady of Deliverance at Zouk on 27 February 1994. The act
reportedly left 11 dead and 54 injured among the congregation attending
mass. On 13 June, Samir Geagea, former head of the Lebanese militia and
seven of his associates were reportedly charged with involvement in the
attack and the death penalty called for.
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According to certain information, in 1993, two cemeteries were
desecrated, and before the Christmas holiday, the Hezbollah reportedly
made threats against Christians if they celebrated Christmas and New
Year, two traditions which that organization deems to be neither Arab nor
Muslim. “
Liberia
In a communication dated 18 August 1994, the Special Rapporteur brought
the following allegations to the attention of the Government of Liberia:
“The Special Rapporteur has been informed that armed clashes have
allegedly engendered an atmosphere of insecurity, the destruction of
places of worship, murders of priests and pastors and the departure of
many foreign missionaries.
Cases that have been brought to the Special Rapporteur's attention
are summarized below:
- In April 1992, Father Seraphino Dalphont, an Italian priest,
was allegedly arrested for possession of money issued by the
interim Government and of a Catholic newsletter which was
deemed seditious literature. He was reportedly released
after paying a heavy fine but was again arrested for alleged
espionage activities and held in Gbarnga police station until
mid-May, when he was released and expelled to CSte d'Ivoire;
- On 20 October 1992, two Catholic nuns of American nationality
and one Liberian national employed in their convent were
allegedly killed in the nuns' vehicle near Barnesville, a
Monrovia suburb. The murderers were apparently members of
the National Patriotic Front of Liberia;
- On 23 October 1992, six soldiers of the National Patriotic
Front of Liberia allegedly raided the Barnesville convent and
killed three other American nuns.
The Special Rapporteur has received reports that an armed Muslim
group called the “Islamic warriors” is waging a jihad against the
Christians in Lof a County, in the north of the country. These extremists
have allegedly burned hundreds of villages and killed many people. In
June 1993, they reportedly murdered three pastors and one minister of the
Jehovah's Witnesses sect. One of them, Thomas Korfeh, was said to have
been thrown into a tank filled with oil and had boiling water poured over
his head. The Muslim extremists then reportedly lit a fire and boiled
him in public, in order to inspire terror. The other two pastors,
John Fallah and David Saah, were disembowelled. The population was then
allegedly terrorized and humiliated in various ways. A curfew was then
declared and anyone who did not respect it was killed. In addition, the
“Islamic warriors” allegedly looted villages and stole all the church
bells, closed all Christian places of worship and denied the congregation
access to them. It was allegedly forbidden also to walk in the street
with a Bible or any other Christian book, on pain of death.”
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Malaysia
In a communication dated 18 August 1994, the Special Rapporteur addressed
the following comments to the Government of Malaysia:
“The Special Rapporteur has been informed that measures have been
taken to strengthen the anti-conversion laws.
The State of Johor in southern Malaysia is reported to have adopted
in 1991 a ‘law relating to the control and restriction of the propagation
of non-Islamic religions', article 4 of which provides as follows:
‘A person shall be deemed to have committed an offence if he or she
by persuasion, influence, compulsion or incitement, or by holding
or organizing an activity, presentation or entertainment induces or
incites a Muslim to become an adept, member or supporter of a
non-Islamic religion. ‘
Under this law a fine of $4,000 and a four-year prison sentence may
be imposed.
According to reports received, in the towns of Johor, Bahru, Mukim,
Plentong and Pasir Guolang, Christians encounter considerable difficulty
in obtaining permits for the construction of places of worship. The
local authorities are said to refuse or postpone the issue of permits.
The following case has been brought to the attention of the Special
Rapporteur:
In 1993, a town council allegedly approved the construction of the
main edifice of a Catholic church. However, in August 1993,
following a public protest by the local Muslim community, the
authorities cancelled the building permit.
In the educational sphere, in some Christian schools education
officials are reported to have required the removal of all crosses and
Christian symbols and their replacement by a star or crescent.
The Special Rapporteur has also been informed that the Ministry of
the Interior censures the employment of certain words whose use in the
national language is restricted to Muslims and prohibited for non-Islamic
religions. The words include Allah (God) and Salat (prayer) . As a
result, the sale of the Bible in Malay is allegedly banned as it contains
some of the censured words.
According to some reports, in the State of Kelantan the authorities
intend to introduce the laws translating “Al Hudud”, which under the
Shariah treat theft, rebellion, adultery and fornication, false
accusation of sexual offences, drunkenness and apostasy as crimes.
Although Muslims make up 7 per cent of this State's population, the
authorities are said to be attempting to introduce laws calling for
amputation of a finger or a hand for theft, 100 lashes for sexual
offences and the death penalty for apostasy.”
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In a communication dated 5 October 1994, the Special Rapporteur sent the
following information to the Government of Malaysia:
“According to the information received, a religious organization
called ‘Al Argam' has been banned by the Fatwa National Committee on the
grounds that the movement's teachings and beliefs are at variance with
the teaching and practice of Islam and could lead Muslims astray.
The ban is said to relate to the organization's ideology
(identification of Al Argam's leader, Ashaari Muhammad, as a prophet),
philosophy, practice and publications.
Following the ban, government representatives and senior officials
are said to have threatened action against Al Argam followers and
sympathizers. Investigations have reportedly been opened, in particular
in the following universities: ‘University Sains Malaysia' and
‘University Kebangsaan Malaysia'.
On 26 August 1994, the Government reportedly declared Al Argam to
be illegal. Following that decision, mass arrests of that religious
organization's supporters reportedly took place, followed by release on
bail. In particular, on 27 August, 164 people are said to have been
detained and then released on bail. In addition, Ashaari Muhammad,
Al Argam's leader, has reportedly been in detention since 3 September,
together with his wife and six-month-old daughter.”
Morocco
In a communication dated 18 August 1994, the Special Rapporteur sent the
following comments to the Government of Morocco:
“According to reports, although the Constitution guarantees freedom
of worship, in practice, only Islam, Christianity and Judaism are said to
be authorized. The Baha'is, a community of 150 to 200 persons, has
reportedly not been allowed to meet or to have public activities
since 1983.
Moreover, according to Islamic law and tradition, renouncing the
Muslim faith is strictly forbidden and any attempt to convert a Muslim is
punishable by imprisonment. The Special Rapporteur has been informed
that, in September 1993, 19 Muslims were allegedly arrested because they
had received Christian literature from a foreigner. One of them,
Mustapha Zmamda (29 years of age) , who had become a Christian after
listening to radio broadcasts from Monte Carlo and had taken Bible-study
courses by correspondence, had refused to sign an undertaking not to
receive Christian literature. The 18 others accused are said to have
signed this undertaking under duress. Because of his refusal to sign,
Mr. Zmamda was allegedly sentenced to three years' imprisonment and was
released after two months in detention after he renounced Christianity.
A Brazilian missionary, who led Bible-study meetings which Mr. Zmamda
attended, reportedly resigned from his teaching post after his employer
was threatened with withdrawal of his licence.
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According to reports received, the distribution of the Bible is
restricted to foreigners.”
In November 1994, the Special Rapporteur received the following
information from the Government of Morocco:
“The Baha'is do not constitute a religious minority; rather, they
are a heretical sect that threatens the foundations of Islam and distorts
its precepts.
Nevertheless, it is worth emphasizing that the Moroccan
Constitution and the Moroccan Penal Code guarantee respect for freedom of
religion, in conformity with the principles and provisions of the
Universal Declaration of Human Rights and International Covenants on
human rights.
Mr. Mustapha Zmamda was not released because he renounced
Christianity, but because he had been found not guilty by the Casablanca
Appeal Court on the proselytism charge, which is punishable under
articles 220 and 221 of the Penal Code.
Furthermore, Moroccan penal legislation does not prohibit
conversion to Christianity. Mr. Zmamda's case does not therefore fall
within the province of Moroccan Penal Law applicable to cases of
proselytism, which is strictly forbidden.”
Mexico
In a communication dated 17 August 1994, the Special Rapporteur sent the
following information to the Government of Mexico:
“According to certain reports, the following cases have been
brought to the attention of the Special Rapporteur.
In September 1992, Morelas Madrigal Lechino, an active member of a
popular religious organization, was reportedly taken in for questioning
in Mexico City by members of the Federal District judicial police. He
was held incommunicado for two days and beaten, threatened with death and
questioned about his activities.
In mid-January 1993, a dispute between the authorities of
Santiago Asajo (State of Michoacan) and an independent evangelical group
led to the destruction of their church and the temporary arrest of three
religious leaders. Several evangelists were injured in the attack which
was allegedly carried out by a group of about 40 Catholics.
The Rose of Sharon Presbyterian church, in the south-west of Mexico
City, has reportedly been the target of attacks by unidentified persons
who have repeatedly stoned the building, breaking its windows on
15 April 1993.
There have also been reports that in June 1993, some Catholics
stoned a group of 140 Baptists attending a service commemorating their
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first anniversary at Saint Nicolas Guadalupe. Scores of men, women and
children were injured. The place of worship was heavily damaged and 11
vehicles belonging to church members were said to have been destroyed and
burnt.
In June 1993, at least 454 members of various Protestant
communities (Presbyterians, Pentacostalists and Adventists) and Catholics
of San Juan Chamula municipality were reportedly expelled by force for
having abandoned the Chamula religion and converted to Christianity.
Anyone found reading the Bible has been threatened with expulsion from
Chamula lands. Christians who do not participate in the local Chamula
festivals are said to be marginalized and risk of stirring up popular
resentment.
On 6 August 1993, five Presbyterian families were reportedly
expelled from the San Juan Chamula d'Ardenza Uno community. Two
brothers, Juan and Salvador Patishtan, received notice of expulsion and
the mayor of the village threatened that they would be beaten and killed
if they attempted to return. When the families tried to return to their
homes on 19 August, they were allegedly beaten and detained in the
San Juan Chamula prison for one night.
On 30 January 1994, an armed man is said to have attacked
80 Protestants attending a religious service at the Bethel church in
Cerro de la Bandera, a town in the State of Durango. Cruz Salvador, a
member of the congregation was fatally wounded and Eutilia Flores
received serious injuries. The few Protestants in the region have
allegedly been persecuted because of their faith.”
Mongolia
In a communication dated 5 September 1994, the Special Rapporteur sent
the following comments to the Government of Mongolia:
“According to the information received, discrimination is being
practised against Christians. It is claimed that, from a legal
standpoint, the Law on Church-State Relations adopted on 30 November 1993
contravenes freedom of religion and the principle of non-discrimination.
It would seem to be necessary to take note of the six following articles
of this Law:
- Article 4.2 ‘... The State will respect the predominant
position of the Buddhist religion in Mongolia';
- Article 4.7 ‘... The organized propagation of religion from
outside are forbidden';
- Article 4.8 ‘The absolute number of lamas and clergy and the
location of churches are controlled and regulated by State' ;
- Article 7.5 ‘It is forbidden to introduce activities which
are either alien to the traditions and customs of the
Mongolian people, or inhumane' ;
E / CN. 4 /1995/91
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Article 8.2 ‘The organization of religious instruction and
gatherings in State educational establishments or
organization is forbidden . . .‘;
Article 9.1 ‘Request by citizens to establish churches will
be received by khurals of representatives of the citizens of
aimaks (local councils) and the capital. They will make
decisions as to whether the requests are to be approved or
refused and on the basis of such permission being given the
central organ of State administration concerned with
questions of justice will register the church' .
Acts of discrimination against Christians are in fact alleged to
have taken place, Mongolian newspapers have been disparaging Christianity
since 1991. On 14 January 1994, according to the newspaper Democracy ,
one of the authors of the draft law adopted on 30 November 1993,
High Lama Choyjamts, stated that Christianity had no place in Mongolia.
The incidents summarized below have also been brought to the attention of
the Special Rapporteur:
In May 1992, Mr. Danny Arichea, consultant translator to the
United Bible Society in Hong Kong was refused a visa to visit
the Mongolian Bible Society. The reason given for the
refusal was that the Mongolian Bible Society was not
permitted to issue invitations to foreigners;
In January 1993, Mr. Danny Arichea and Ms. Jean Li Tsai of
the United Bible Society in Hong Kong were unable to obtain
visas;
In July 1993, the Mongolian Christ Church was no longer
authorized to rent the hall of the Mongolian Information
Centre for meetings. Authorization for use of the Mongolian
Cultural Centre hall was renewed in August 1993, but only for
Tuesday evenings after working hours and Sunday mornings;
In December 1993, two Russian Christians, Aleksei
Yakovleyvich Kurkin and Igor Sergeevich Lazyanin of the
organization ‘Friedanstimme' , who had received invitations
from the Mongolian Bible Society, were denied visas;
Since January 1994, the Christian churches, including the
Mongolian Christ Church, have been under threat of losing
their places of worship, as a result in particular of
article 8 of the Law of 30 November 1993. In Mongolia, the
churches do not own their own places of worship as they have
insufficient funds for the purpose and must rent them from
the State. The above-mentioned article could lead to a
refusal to authorize the letting of public premises for
religious purposes.”
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Myanmar
In a communication dated 18 August 1994, the Special Rapporteur sent the
Government of Myanmar the following information:
“According to the information received, members of the Buddhist,
Christian and Muslim religious communities continue to be persecuted.
Muslim inhabitants of the Tamai district of Kawthaung (Victoria
Point) allegedly suffer serious victimization by the SLORC authorities.
It is claimed that the latter are attempting to demolish their mosque in
order to build a store. In addition, 47 graves in the Muslim cemetery
are reported to have been desecrated and dug up. It is also reported
that the Muslim inhabitants of the Bayintnaung district have been
threatened with expulsion.
According to some reports, at least 1,000 Buddhist monks are
imprisoned and monks are still being subjected to some repression.
Temples are reported to be under army supervision and some of them are
searched several times a day. Many monks have been forced to seek refuge
in the jungle without any means of support and to leave the country. The
Special Rapporteur has received information on the cases of the following
monks:
Ven. Baddanda Rajadhama Bi Wuntha, who was responsible for training
500 monks at Masoeyain monastery in Mandalay and who has allegedly
been imprisoned in Mandalay since 1990 for having refused to attend
religious ceremonies organized by the authorities;
Ven. Baddanda Kaw Wi Dar Bi Wuntha, head monk of the ancient
Masoeyain temple in Mandalay and responsible for training monks,
who has allegedly been detained in Mandalay prison since 1990 for
having refused to attend religious ceremonies organized by the
authorities;
Ven. Baddanda Tareelanka Bi Wuntha, head monk of the Ywarma
religious school (Insein, Yangon), who has allegedly been detained
in Insein prison since 1990 for having opposed the murder of
two priests and two students on 8 August 1990 and for having
boycotted official religious ceremonies.
Ven. U. Yewarda, founder of the ‘Union of Monks' (‘Thanka Thamaki')
in Mandalay, who was reportedly arrested on 19 October 1990 and
imprisoned in Mandalay prison for having opposed the murder of
monks and students on 8 August 1990 and for having boycotted
official religious ceremonies. He was allegedly interned in a
labour camp at Myitkyina (Kachin State) ;
Awtha Dathara and Ne Meinda, young Buddhist monks who were
allegedly arrested in October 1990 for having written poems during
a police check of Mandalay Buddhist clerics of the Shangha Sammagi
movement. Other monks who were arrested with them have allegedly
died in prison because of prison conditions;
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Nai Nawn Dho, a Buddhist monk from the Mon ethnic minority in
Yangon who was allegedly arrested in January 1991 and accused of
belonging to a group of Mon Buddhist monks.”
Nepal
In a communication dated 19 October 1994, the Special Rapporteur sent the
following comments to the Government of Nepal:
“The Special Rapporteur has been informed that legislation and a
firm policy are reportedly being observed with regard to any
proselytizing activity. Many persons working to propagate their faith
are therefore said to be in difficulty and some have even been arrested,
although law and order do not seem to be in any danger.”
Nigeria
In a communication dated 18 August 1994, the Special Rapporteur sent the
following information to the Government of Nigeria:
“The Special Rapporteur has been informed that nearly 65 people
were injured in clashes between Christian and Muslim students at
a secondary school in Kano, capital of the State of Kano, on
9 February 1994. The clashes allegedly broke out after a heated argument
between extremist and moderate Muslim students about the importance of
participating in prayer.
The incidents allegedly occurred when a Christian student joined in
the discussion to defend one of his Muslim schoolmates who was being
accused of not performing his religious duties.
It has been reported that the ban against the Maitatsine Muslim
sect still exists, although it is not enforced.”
On 30 September 1994, the Permanent Mission of Nigeria in Geneva
transmitted the following information:
“The Mission wishes to inform that the Constitution of the Federal
Government of Nigeria abhors all forms of intolerance and discrimination
based on religion or belief. The law is widely enforced by the Nigerian
Security Agencies.
However, the allegation of the Special Rapporteur that ‘nearly 65
people were injured in clashes between Christian and Muslim Students in
Kano on 9 February 1994' has been transmitted to the relevant Nigerian
authorities for necessary action.
The Mission will communicate again to the Centre for Human Rights
as soon as any information regarding the issue is received from the
capital.”
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tjzbekistan
In a communication dated 21 October 1994, the Special Rapporteur
transmitted the following information to the Government of Uzbekistan:
“According to information received, at least eight conscientious
objectors have been imprisoned, even though the right to freedom of
conscience is recognized in the new Constitution of Uzbekistan.
It is also stated that under a 1992 Order, the Government represses
any group trying to organize by reference to Islam. In particular, it is
alleged at the end of 1992 to have banned the Uzbekistan section of the
group called the ‘Islamic Renaissance Party' and ordered the arrest of
its leader Abdulla Utaev. It is also said to have banned the Islamic
group ‘Adolat' (‘Justice'), based at Namangan, and in 1993 imprisoned its
leader Khakim Satimov, apparently on false charges.
Five persons from Namangan were also reportedly arrested near the
Afghan border after stating that they were going to Afghanistan to study
at a college and to go on a pilgrimage to Mecca in Saudi Arabia. The
authorities allegedly tried to prove a link between these persons and the
Islamic group Adolat, despite their denials. They were reportedly
sentenced on 22 September 1993 to prison terms of from S to 10 years,
inter alia , for treason and leaving the country illegally.
The Special Rapporteur has been informed that the authorities
reportedly closed three churches on 12 June 1994: the Charismatic
Church, the Korean Baptist Church and the Full Gospel Church. This
measure might, in particular, be the result of street evangelization
activities by the Charismatic Church, which is said to have had its legal
status withdrawn even though it was officially registered. In June 1994,
moreover, a Tashkent evangelist was reportedly interned in a psychiatric
asylum after being warned several times that he should stop showing the
film ‘Jesus' .“
Pakistan
In an urgent appeal dated 6 September 1994, the Special Rapporteur
transmitted the following information to the Pakistani Government:
“According to the information I receive, in Lahore, a group named
the ‘Tehrik Tahaffuz-i-Namoos-i-Risalat' (‘Movement for the Preservation
of the Sanctity of Prophethood') would have call to ‘seek out and put to
death' each of those it named as the ‘greatest blasphemers of our times' .
The targets would be the chairperson of the Human Rights Commission of
Pakistan (HRCP) Asma Jahangir and three Christian leaders,
Tariq C. Qaisar, Father Julius and J. Salik.
I would be most grateful to the Government of Pakistan for its
views and comments on the allegation I have received. I would also
request the Government to inform me of any measures which it has taken,
or envisages, to combat hatred and religious intolerance and to make
respect relevant international human rights instruments.”
E / CN. 4 /1995/91
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In a communication dated 21 October 1994, the Special Rapporteur
transmitted the following observations to the Pakistani Government:
“The Special Rapporteur has been informed that the blasphemy law
has reportedly been amended to make admissibility of blasphemy
proceedings subject to sufficient evidence and facilitate the prosecution
of persons who make false accusations of blasphemy and break the law.
The Special Rapporteur has also been informed that, in a decision of
14 April 1994, the Lahore High Court reportedly laid down the principle
that blasphemy against any prophet of God is tantamount to blaspheme
against the prophet Mohammed. The Special Rapporteur would like to
receive copies of the above-mentioned texts, together, if possible, with
any comments the Government of Pakistan might like to make.
According to the information received by the Special Rapporteur,
there have also been serious violations of the right to freedom of
religion. Despite the amendments, the blasphemy laws are said to help
create a climate of religious intolerance and to promote acts of violence
affecting the Ahmadi and Christian minorities and even Muslims.
The JIImadi minority
The Special Rapporteur has been informed that the persecution of
the Abmadi community has reportedly increased considerably since the
decision of the Supreme Court on 3 July 1993 to interpret article 20 of
the Constitution of Pakistan on religious freedom as being subject to
‘Islamic law'.
The Ahmadi community in Lahore was reportedly attacked 13 times
between December 1993 and March 1994 by armed men, presumed to be members
of an armed Islamic group. The latest attacks resulted in 2 dead and
more than 10 seriously injured, including students, doctors, university
professors and other leading persons in the Ahmadi community.
Specifically, it was reported that, on 2 February 1994,
Mr. Rana Riaz Ahmad was killed by men identified by his family. However,
only two of the alleged killers identified were reportedly questioned by
the police. On 6 February 1994, Mr. Ahmad Nasrullah, son of Mr. Hamid
Nasrullah, ‘Ameer' (head) of the Lahore Abmadi community, was reportedly
found dead. No action by the police to bring the persons responsible to
justice has been reported. The police is said to have refused to
register the complaints of the victims' families who have submitted
information on the identity of the persons responsible and on the
registration number of their vehicle. It has also been reported that the
police registered a complaint against two Ahmadis who were beaten and
taken to the police station by their aggressors. In addition, the police
reportedly does not provide any real protection for the Ahmadi community.
According to information communicated to the Special Rapporteur, on
15 January 1994, complaints of blasphemy were made by the Deputy
Commissioner of Jhang (Punjab province) under article 298 C of the
Penal Code against five journalists, Noor Muhammad Saifi (aged 77),
E/CN. 4/1995/91
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Agha Saifullah and Qazi Munir Ahmed, respectively, chief editor,
publisher and printer of the daily newspaper Al Fazal published in 1993
and the June 1993 issue of Ansarullah .
The Deputy Commissioner of Jhang is said to have addressed the
following letter to the Jhang police concerning the Al Fazal question:
‘Subject : Proceedings against Al Fazal .
Memorandum. Please find enclosed a copy of the 2 November,
20 September, 20 and 9 October 1993 issues of Al Fazal , in which
the ‘gadianis' (Ahmadis) propagated or preached their faith. By
claiming to be Muslims, they are offending the religious feelings
of Muslims. The district magistrate of Jhang considers that the
guilt of the chief editor and the publishers has been established
under the terms of article 298 C of the Penal Code. We therefore
request you to institute criminal proceedings against the chief
editor'.
The charges against the monthly Ansarullah publication are
reportedly the following:
‘The district magistrate considers that the chief editor [ ... ] has
preached the Ahmadi faith in this publication, thereby committing
an offence under article 298 C of the Penal Code'.
Two other complaints were reportedly made on 21 January 1994 under
article 298 C and four more were made on 15 February against the chief
editor, publisher and printer of Al Fazal . The Deputy Commissioner of
Jhang is said to be the complainant in all these cases.
On 7 February, the Chiniot magistrate is reported to have rejected
the requests by the five journalists for release on bail and is said also
to have charged them with blasphemy under article 295 C, an offence which
is punishable by death. The five men were reportedly remanded in custody
and imprisoned in Chiniot. Their request for release on bail was
reportedly finally accepted on 7 March and they are said to have been
released. Proceedings are currently under way in the Rabwah Court
(Punjab province).
The Christian minority
A number of Pakistanis who are of the Christian faith or have
converted to Christianity are reported to have been victims of the
blasphemy laws. In addition to the cases mentioned by the
Special Rapporteur in document E/CN.4/1992/52 and in the communication of
8 November 1993, i.e. those of Naimat Ahmer, Tahir Iqbal and Gul Masih,
it is reported that some 25 Christians have been accused of blasphemy
since April 1994.
The following cases have been drawn to the attention of the
Special Rapporteur:
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(a) Anwar Masih, a Christian, married and father of three
children, was arrested on 2 February 1993 in Sammundri, Faisalabad
(Punjab province) following a complaint made against him by Haji Mohammad
Tayyab, the local head of Anjuman Siphal-e Sahaba (Ass) . According to
the complainant, Anwar Masih is reported to have shouted angrily,
insulting Muslims and blaspheming. Mass demonstrations in sammundri
demanded that Masih should be tried by a so-called ‘special court for
speedy trial' and publicly hanged. In addition, the day after his arrest
under section 295 C of the Penal Code, strikes are reported to have taken
place in protest against him. The complainant is said to have stated
that, on 1 February 1993, Masih made blasphemous remarks during an
argument with Mohammad Aslam, a tradesman. The latter is reported not to
have made any complaint, apparently not seeing any reason to do so in
view of his friendly relations with Masih. Aslam is said to have simply
reported the incident to members of Ass, including Tayyab, who decided to
make a complaint. Ariwar Masih, who was born into a Christian family, is
said to have converted to Islam twice and then to have reverted to the
Christian faith. According to some information, Masih was a drug addict
and was considered mentally unstable by the members of his community.
According to some testimonies, Aslam and Masih both insulted each other's
religion during their argument. However, under the blasphemy laws, only
alleged attacks on Islam may be the subject of complaint. The
special Rapporteur was also informed that Masih was associated with local
protests which related to the indication of an individual's religion on
his national identity card and which reportedly displeased Ass.
Anwar Masih is said to have rejected the charges of blasphemy and
explained that he had simply had an argument over debts. Masih, who was
initially detained at sammundri prison, was reportedly transferred to
Faisalabad prison. A55 members continued to organize protest
demonstrations in sammundri during the month of February. They also
threatened to burn down the Christian areas of sammundri (inhabited by
some 20,000 Christians) unless Masih was publicly hanged. Proceedings
are reported to be still under way.
(b) sorvar Ehatti (case mentioned in the communication of
8 November 1993 is said to have been released from prison in early 1994
after having been cleared of charges of blasphemy. According to some
information, however, sorvar Ehatti was forced into hiding following
death threats by complainants.
(c) Chand Barkat, a 30-year-old Christian, was arrested on
8 October 1991 for blasphemy and is reported to have been acquitted in
January 1993. six Muslim witnesses reportedly admitted in court that
they had not heard Barkat blaspheme. None the less, since his release on
24 January 1994, Barkat and his family are said to have repeatedly been
the victims of harassment and intimidation by their Muslim neighbours.
In addition, local Muslim clergymen are said to have made death threats
against Barkat. The complainant, Mohammad Arif, is also said to have
established a group that has sworn to kill Barkat.
(d) Habib Masih, a Christian leader in shanhkot, sheikhupua, near
Lahorem was arrested for blasphemy in November 1993 after an amulet
containing verses of the Koran was found on the road. Local clergymen
E/CN. 4/1995/91
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are reported to have announced by loudspeaker that a non-Muslim had
dishonoured the Koran and put pressure on the police, which arrested
Masih on charges of blasphemy. In addition, 5,000 to 6,000 persons
reportedly besieged the police station to try to kill Masih. Several
policemen who tried to stop them were wounded. The following day, a
Muslim filed a complaint against Masih, but later stated that he had
acted under pressure. Habib Masih's wife stated in a national newspaper,
The Friday Times , that her husband had been warned to give up his
occupation (making religious amulets) or suffer the consequences.
Habib Masih was released on bail from Sheikhupura prison, but proceedings
are still under way.
(e) Concerning the three Christian youths, Rehmat Masih,
Manzoor Masih and Salamat Masih (aged 13), who were arrested on
11 May 1993, detained in Gujranwala prison for blasphemy after being
accused of having written defamatory inscriptions on the walls of the
mosque in Rotto Dohran village (case referred to in the allegation of
8 November 1993, communicated to the Government of Pakistan) and then
released on bail in November 1993 (for Salamat Masih) and
12 January 1994, the Special Rapporteur has been informed that
Mr. Manzoor Masih is reported to have been killed and that
Mr. Rehmat Masih, Mr. Salamat Masih and a human rights activist,
Mr. John Joseph, were injured in a shoot-out on 5 April 1994. The three
accused were reportedly escorted by the police to their lawyer's office
near the Advocate General's Office behind the Supreme Court of Lahore.
After they had spoken with their lawyers and were leaving the office
unescorted, they were attacked by three unmasked motorcyclists who fired
at them with Kalashnikov AD 47s. The aggressors were reportedly three
Muslims from the Sepah-e-sahab Islamic Party. According to testimonies
made available to the police, they were Mr. Imam Bux, Mr. Mohammad Akaram
and Mr. Malik Sadiq. The attack was reportedly authorized by two leaders
of the Sepah-e-sahaba Islamic Party, Master Enayat and Maulvi Muhammad
Fazl-e-Haq, who was the main complainant in the case against the three
Christians, who, according to experts, were wrongly accused. The three
injured persons, Mr. Rehmat Masih, Mr. Salamat Masih and Mr. John Joseph,
were reportedly taken to Sir Ganga Ram Hospital. Because of the serious
wounds he sustained, Mr. Rehmat Masih, who was hit by several bullets in
the head and other parts of the body, was kept in Sir Ganga Ram Hospital,
while his two companions were taken to Mayo Hospital. Some 5,000 persons
reportedly gathered for Mr. Manzoor Masih's funeral, which took place
peacefully under police protection. Mr. Manzoor had a wife and
10 children. The police are said to have arrested three suspects,
including the main complainant, and investigations appear to be
continuing. However, intimidation of the victims has reportedly not
stopped and their families continue to receive threats. An attempt was
allegedly made to burn down John Joseph's house.
(f) The Special Rapporteur was also informed that, on
13 March 1994, the church in Jindrea village, near Lahore, was attacked
by Muslims. The clergyman of the local mosque, Imman Masjid, is said to
have organized this attack, during which several Christians were
reportedly seriously injured. The police did not arrest the persons who
committed the act and who belong to extremist groups. In May 1994 in
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Khara Janje village in Punjab, Muslim villagers reportedly burned down at
least 12 houses belonging to Christian families, following the discovery
of the corpse of an 18-year-old Muslim Sheikel. Muslim villagers are
reported to have stated that an 18-year-old Christian, Safraiz, who was
involved with Sheikel's sister, killed him. Safraiz was reportedly being
held in custody while the police conducted investigations.
Other cases
The Special Rapporteur has been informed of the other following
cases:
(a) Arshad Javed, a Muslim, was reportedly sentenced to death on
9 February 1993 by the District and Sessions Court in Bahawalpur in
Punjab province for having claimed that he was Jesus Christ. He is also
reported to have been sentenced to three years' imprisonment for having
said that he had read and approved Salman Rushdie's Satanic Verses .
Arshad Javed is said to have been arrested on 14 February 1989 for having
claimed at a demonstration of students protesting against the
Satanic Verses that he was Jesus Christ, that God was his father and that
judgement day would be on 21 February 1989. The demonstrators reportedly
beat him and gagged him to a police station, where he was arrested and
accused of blasphemy. Arshad Javed is in fact reported to be mentally
ill. After a year's treatment in a psychiatric hospital, he was
transferred to Bahawalpur Central Prison. Appeal proceedings before the
High Court of Lahore are said to be continuing.
(b) Hafij Farooq Sajjad, a Muslim, is said to have been stoned to
death by a crowd in Gujranwala (Punjab province) on 21 April 1994.
Sajjad's father is reported to be a member of the Jamaat-e-Islamic party
and Sajjad is reported to be a faithful Muslim, a hafiz-e-Qur'an (a
person who has learned the entire Koran by heart) . According to certain
information, it was reported that some pages of the Koran had been burned
during a fight in Sajjad's house. A Muslim religious leader reportedly
announced by loudspeaker that a Christian had burned the Koran and that
he should be stoned to death. Subsequently, the crowd beat Sajjad and
locked him up in this house. Shortly thereafter, the police are said to
have taken him to the police station. However, it is reported that the
crowd, which had grown larger by then, attacked the police station,
stoned Sajjad, drenched him in kerosene and burned him, probably alive.
The victim's body was then reportedly tied behind a motorbike and dragged
through the town. It is reported that the police instituted proceedings
against five persons, but none was arrested.
(c) In Lahore in July 1994, an extremist group called ‘Tehrik
Tahaffuz-i-Namoos-i-Risalat' (Movement for the Preservation of the
Sanctity of Prophethood) reportedly distributed stickers and posters
calling for the murder, for blasphemy, of the President of the Pakistan
Human Rights Commission, Mrs. Asma Jahangir, and three Christian leaders,
Tariq C. Qaisor, Father Julius and J. Salik.”
On 11 November 1994, the Permanent Mission of Pakistan transmitted the
following information in reply to the allegations of 21 October 1994:
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“1. Pakistan is a signatory to more international conventions !
instruments of the United Nations than many other developing countries.
Its Constitution guarantees fundamental human rights, including freedom
of speech, association, religion and prohibits discrimination on the
basis of race, sex, religion and ethnicity.
Minorities in Pakistan
2. Minorities in Pakistan enjoy all rights and liberties which are
guaranteed in the Constitution of Pakistan. The following articles of
the Constitution of Pakistan safeguard the interest of the minorities in
the country.
Article 36
‘The State shall safeguard the legitimate rights and interest of
minorities, including their due representation in the Federal and
Provisional services. ‘
Article 21
‘No person shall be compelled to pay any special tax the proceeds
of which are to be spent on the propagation or maintenance of any
religion other than his own.'
Article 22
‘1. No person attending any educational institution shall be
required to receive religious instruction, or take part in any
religious ceremony, or attend religious worship if such
instruction/ceremony or worship relates to a religion other than
his own.
2. In respect of any religious institution there shall be no
discrimination against any community in the granting of exemption
or connection in relation to taxation.
3. (a) Subject to law, no religious community or denomination
shall be prevented from providing religious instructions for pupils
of that community or denomination in any educational institution
maintained wholly by that community or denomination, and
(b) No citizen shall be denied admission to any educational
institution receiving aid from public revenues on the ground only
of race, religion, caste or place of birth.'
Article 27
‘No citizen otherwise qualified for appointment in the service of
Pakistan shall be discriminated against in respect of any such
appointment on the ground only of race, religion, caste, sex
residence or place of birth.'
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3. These provisions clearly indicate that the Constitution provides
full protection and equal treatment to the minorities and there is no
bias, for or against, on the basis of colour, race or religion.
4. The attack on the three accused, Remat Masih, Salamat Masih and
Manzoor Masih, was a regrettable, but isolated action of fanatic
individuals, one of whom has been arrested, while efforts are under way
to arrest the two remaining accused. The allegations of fears of
religious persecution against Ministries in Pakistan are unfounded.
5. As Pakistani citizens, members of the Christian community have the
right to profess their religion, and to establish, maintain and manage
their religious institutions. They also have due representation in the
National Assembly. They enjoy full freedom of opinion and expression, as
is available to the other citizens of the country and, like all other
Pakistanis, they have the liberty to seek remedy from the courts under
article 199 of the Constitution of Pakistan. Courts in Pakistan, like in
any other democratic country, are free, and cases are decided in
accordance with the laws of the land.
6. The Ahmadiyya issue has a century-old history. The problem arose
when a group of persons led by Mirza Ghulam Ahmad denied the finality of
Prophet Muhammad (Peace Be Upon Him) which, after the unity of God, is a
fundamental tenet of Islam. Its denial led to violent agitations against
the JIImadiyya community in 1953 and in 1974. The matter was deliberated
upon in the legislature and the consensus of the nation was arrived at in
the shape of an amendment in the Constitution through a unanimous vote of
the National Assembly in 1974. This amendment had two objectives:
(a) To safeguard the religious sentiments of Muslims (the
overwhelming majority of the population);
(b) To protect the Ahmadis from any adverse reaction arising from
what had historically been regarded as a repudiation of a fundamental
belief of the Muslims.
7. Undoubtedly, the controversy between the Ahmadis and Muslims
continues to be emotive, but strong statements made by individuals in a
religious context are not to be taken as the policy of the Government of
Pakistan. The complaints and concerns of the JIImadiyya community are
based evidently on presumption rather than fact. The allegation
concerning persecution of Ahmadis is totally baseless.
8. The Ahmadis, as a non-Muslim minority, have been accorded all the
rights and privileges guaranteed to minorities under the Constitution and
laws of Pakistan. The Government has taken the necessary legislative and
administrative measures so as to maintain sectarian peace.
9. The exercise of a right is never absolute. The International
Covenant on Civil and Political Rights, while proclaiming the freedom of
religion or belief in article 18, stipulates in paragraph 3 of the same
article that:
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‘Freedom to manifest one's religion or belief may be subject only
to such limitations as are prescribed by law and are necessary to
protect public safety, order, health, or morals or the fundamental
rights and freedoms of others.'
10. This condition is repeated in paragraph 3 of article 1 of the
Declaration on the Elimination of All Forms of Intolerance and
Discrimination Based on Religion or Belief.
11. In the same spirit, the Constitution of Pakistan provides in
article 20 that:
‘Subject to law, public order and morality, every citizen shall
have the right to profess, practice and propagate his religion and
to establish, maintain and manage religious institutions.'
12. JIImadis in Pakistan enjoy full civil rights including the right of
political franchise. In Pakistan a system of separate elections for each
religious community has been adopted to ensure that all minorities are
represented in the legislatures. The Ahmadis, like other minorities in
Pakistan, have full freedom of expression under the law and this is
evident from the fact that they have the largest number of publications
brought out by any minority in Pakistan.
13. There is no discrimination against them as regards their employment
opportunities in Pakistan.
14. Many members of the Ahmadi community hold important positions in
the services of Pakistan, both civil and military. Not a single JIImadi
has been removed from government employment on the grounds of his
religious beliefs. Anyone familiar with the true situation in Pakistan
can bear testimony that there does not exist any plan or campaign,
official or otherwise, to persecute the JIImadi community. Despite that,
some individual instances do exist, and these are then dealt with in
accordance with the law.
Blasphemy law
15. Laws concerning the offences relating to religion existed in the
Pakistan Penal Code since its promulgation in 1860, such as sections 295
to 298. In 1927 a new section 295 A was introduced. Subsequently,
during the martial law regime, section 295 B was added in 1982 and
section 295 C, commonly known as the ‘Blasphemy Law' , was incorporated in
the Penal Code of Pakistan in 1986.
16. Section 295 C is the centre of attention of various human rights
organizations in Pakistan and abroad, which are demanding that it be
repealed. The factual position is that the Blasphemy Law is not a
peculiar feature of Pakistani law alone. Such laws exist in Germany,
Italy, the United Kingdom and the United States, and some other
countries, including Muslim countries. The complaints and grievances
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emanate not from the law itself but sometimes on account of misuse or
abuse of this provision of law through the registration of false,
baseless and frivolous cases.
17. Only about 26 cases were registered under section 295 C from
October 1986 till October 1993. Another three cases were registered
under this section from October 1993 till 31 May 1994. The majority of
these cases, i.e. 18, were registered in the province of Punjab, 7 in the
province of Sind and 4 cases in the Frontier province. Out of these
cases conviction has been pronounced in three only. The sentence of
death has been handed down to two persons only, one Christian and one
Muslim. Appeals against the convictions are pending in the High Court of
Lahore. Not a single sentence of death has been carried out in any case.
18. The Government is determined to thwart any attempts to spread
ethnic and religious intolerance and frenzy. It is the objective of the
Government to establish a liberal, moderate, tolerant and progressive
society. The Government, realizing that some extremist elements are
attempting to misuse or abuse the law, has decided to amend section 295 C
as follows:
(a) The offence under section 295 C is proposed to be made a
non-cognizable offence, which means that an ordinary police officer will
not be entitled to register a case. Instead a case will only be
registered under orders of a court if it is satisfied that prima facie
evidence exists in support of the complaint.
(b) If a complaint is found to be false and frivolous, the
complainant will be liable to be punished with imprisonment of seven
years.
19. The Government of Pakistan has already discussed these proposed
amendments with the representatives of the minorities, as well as with
Muslim religious parties in and outside the Parliament. Generally, the
Government has received a favourable response to these proposed
amendments from most of the concerned organizations. The Government
intends to move a proper bill in this regard in the National Assembly in
the near future.
20. The Government of Pakistan sincerely believes in upholding human
rights. Realizing the importance of human rights, a cell to monitor
violations of human rights has been established in the Federal Government
for the first time in the history of Pakistan. The cell is headed by a
human rights activist. Any violation of human rights which is brought to
its notice is investigated and the victims are provided with the
necessary relief and the culprits are punished, whether they be ordinary
citizens or members of the local administration. In particular, cases of
violence against women, children and minorities are strictly checked and
investigated.
21. In recent years a new concept has developed in Pakistan's judicial
system, namely, the concept of ‘public interest litigation'. The
judiciary responded to the demands of society and, in a conscious effort
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to alleviate the sufferings of the masses and in order to assert its
constitutional role, came up with a solution in the form of public
interest litigation for the eradication of social evils through the
medium of the law, as is enjoined by the Constitution. Today, public
interest litigation is being used effectively in Pakistan to protect
against the violation of the human rights of all classes of society.”
Philippines
In a communication dated 5 October 1994, the Special Rapporteur
transmitted the following observation to the Government of the Philippines:
“According to the information received by the Special Rapporteur,
15 Christians were killed on 8 June 1994 on Basilan Island, a part of the
Sulu Archipelago in the southern Philippines. The victims are said to
belong to a group of 36 people taken hostage by a commando under the
orders of Abu Sayyaf, the dissident Muslim fundamentalist leader of the
Moro National Liberation Front (FMLN) . Father Cirilo Nacorda, a Spanish
priest, is said to be among the people still being held. Father Cirilo
Nacorda is reported to be the successor of Father Bernardo Blanco, a
Spanish priest, abducted in 1993 by the same rebel group and held hostage
for several weeks until he escaped. It is stated that his abductors had
abducted an American Franciscan missionary in August 1992. According to
the police report, the rebels stopped a convoy of several vehicles
carrying 60 or so people. They reportedly let the Muslims go, after
identifying them by making them recite a Muslim prayer. When the police
were about to catch up with them, they reportedly killed 15 of the
Christians and took away the other 21.”
Romania
In a communicated dated 31 August 1994, the Special Rapporteur
transmitted the following information to the Romanian Government:
“According to information received, the media are allegedly
contributing to the creation of a climate of religious intolerance
against evangelists through press articles attacking the latter. The
media are also allegedly supporting calls by Orthodox leaders and jurists
for the Government to adopt and vote on a religious bill of law to
protect the dominant Orthodox Church against proselytism by
neo-Protestant and Western evangelical groups.”
On 25 October 1994, the Romanian Government transmitted the following
information to the Special Rapporteur in reply to the above-mentioned
allegations:
“After December 1989 a great number of ‘preachers' , ‘prophets' , as
they are calling themselves, came to Romania.
Some of them proved to be honest, keeping their activities in the
framework of a purely religious presentation and commentary of the
Gospel.
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Others, and not very few, proved to be spokesmen of a strange
religious mixture between theophisycal value system and the promotion of
the ‘curing through miracles' cult, a fact which very often, was
overcoming the religious field, entering the political one.
More than that, some of the foreign preachers, following their aim
on disparaging the Romanian denominations, especially the Romanian
Orthodox Church, were asking, in public, for Romanian religious
reconversion, as well as for changes in the Romanian policy.
Often, some of these situations displeased the Romanian authorities
and believers, knowing the fact that those ‘preachers' were not invited
to Romania by the Romanian religious denominations or associations. This
kind of attitude could explain certain opinions which were set forth in
the religious and lay press, towards the presence in Romania of some
obscure ‘preachers' promoting a religious propaganda which is not in the
spirit of the Gospel, most of them unknown, even by the religious
denominations or organizations of their own country.
In this specific context, the Romanian authorities were asked to
permit the entrance into the country only of those preachers which had
been invited by the Romanian religious denominations and associations -
more than 250 - and under the condition of not promoting any religious
propaganda or proselytizing activities which could offend the religious
faith of the Romanian believers.
At present, with the participation of the representatives of all
the 15 religious denominations in Romania, the Draft Law regarding the
religious denominations in Romania has been elaborated and submitted to
the Parliament.
Article 4 of the Draft Law provides that ‘the religious
denominations are equal between themselves, before the public authorities
without any privilege or discrimination. The State will not promote or
stimulate any privileges or discriminations among religious
denominations, through administrative measures, domestic or international
law' .“
Rwanda
In a communication dated 31 August 1994, the Special Rapporteur
transmitted the following information to the Government of Rwanda:
“According to information received, several massacres of clergymen
have allegedly been committed in Rwanda. The following cases have been
brought to the attention of the Special Rapporteur:
(a) At Ruhuha, the Belgian Father Andre Caloone was killed on
7 April 1994 within the precincts of the parish church;
(b) At Kigali, in the district of Nyamirambo, 9 priests and
63 other persons were murdered and grenades exploded at St. Andre's
College in early June 1994;
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(c) At the Christus Centre at Kigali, three Tutsi Jesuit priests
were killed by soldiers on the morning of Thursday, 7 April. The victims
were Chrysologue Mahame, Patrick Gahigi and Innocent Rutagambwa. Nine
young African girls from the Vita et Pax Institute, who were engaging in
a spiritual retreat at that centre run by the Jesuits in the Rwandan
capital, were also killed. The same fate was suffered by five Rwandan
diocesan priests: Straton Gakwaya, Jean-Marie Vianney Niyirema,
Alfred Nzabakuran (all three from Gikongoro), Boniface Kanyoni (a priest
from the diocese of Butare) and Juvenal Rutumbu (Ruhengeri), the Deputy
Rector of the Main Seminary at Nyakibanda.
(d) In the archdiocese of Kigali, Abbe Ananie Rugasira, a
relative of the archbishop, and novice members of the Pallottine Sisters
of Masaka and Benebikira, were murdered at Kabuga (Masaka) ;
(e) In the diocese of Byumba, the Catalan Father
Joaquim Vallmajo, a Spanish national, was killed by soldiers at Kageyo.
Joseph Hitimana, Fidele Mulinda, Faustin Mulindwa, Alexis Havugimana,
Athanase Nkumdabanyanga, Christian Nkiliyehe, Ladislas Muhayemungu and
Gaspard Mudashimwa were also murdered in other circumstances;
(f) In the diocese of Nyundo, the clergy was decimated. At
Nyundo, 25 teachers at the Small Seminary, mainly consisting of
members of the Rwandan clergy, and a Jos phite Father were killed
on 7 and 8 April. The Rwandan Abb s Augustin Ntagara, Adrien Naznana and
Deo Twagirayezu were murdered on 8 April. Three abb s in the parish of
Rambura, Spiridion Kageyo, Antoine Niyitegeka and Antoine Habiyambere,
were also killed. Other priests from the diocese of Nyundo also lost
their lives at unidentified locations, namely, Innocent Ruberiseza and
Narcisse Sebasare (from Birambo) , Louis Gasore and Fran9ois Twigenza
(from Muhororo) , Th ophile Rutagengwa (from Muramba) , Callixte Kalisa,
Herman Mwambari, Augustin Nkezabera, Alois Nzaramba, Silas Gasake,
Clement Kanyabusozo, Robert Matajyabo, Ferdinand Kerekezi,
Edouard Gakwandi, V nuste Nsengiyumva, Thadd e Gatore, Matthias Gahinda,
Deogratias Rwivanga, Boniface Senyenzi and Albert Gashema;
(g) In the diocese of Butare, numerous priests were murdered
during the first month of the disturbances. At Nyinawimana,
Abb s Augustin Mashyendeli and C lestin Muhayimana were killed. At
Gisagara, 2IIb Tharcisse Rubingiza, a teacher of exegesis at the Main
Seminary at Nyakibanda, was murdered. At Nyanza, Abb s
Matthieu Ngirumpatse, Jean-Bosco Yilirwahandi, Innocent Nyangezi and
Callixte Uwitonze, from the diocese of Gikongoro, also lost their lives.
Abbe Segond Ntibaziga, from Gakoma, and two novices from the Benedictine
Abbey at Gihindamuayga (Fathers Ga tan and Antoine) died at an
unidentified location. In the town of Butare, six priests were
imprisoned for unknown reasons. Three of them were killed during their
transfer to Gikongoro prison and the three others were released on
Sunday, 31 May. While passing behind the prison and the match factory in
order to avoid the check-points, Justin Furaha, parish priest of Save,
Pierre Ngoga, parish priest of Kibeho, and Firmin Butera, parish
priest of Higiro, were killed by unidentified persons. Abbe
Callixte Nkeshumpatse was murdered at Bugesera;
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(h) In the diocese of Gikongoro, Father Joseph Niyomuga and the
Abb s Irenee Nyamwasa (from Mbuga), Aloys Musoni (from Cyanika) and
Pierre Canisius Milinzi (from Mushubi) were killed;
(i) In the parish of Marumba, three local priests were murdered
on 7 April;
(j) At Gisenyi, Augustin Ntagara was murdered. In the parish of
Marumba, the village in which the late President Habyarimana was born,
near Gisenyi, three local priests were killed on 7 April;
(k) In the diocese of Kibungo, in the church at Rukoma,
Abbe Evode Mwanangu and a large number of Christians were killed, at the
beginning of the disturbances, while they were praying. Other abb s were
also said to have died, namely, Justin Ruterandongozi, Michel Nsengiyum,
Jean Bosco Munyaneza, Joseph Gatare and Elis e Mpongano;
(1) In the parish of Mushubi, Antoine Rugambarara, from the Main
Seminary, was murdered together with other Christians;
(m) In the diocese of Cyangugu, the parish priest at Mibirizi was
killed in mid-May, together with Abbe Joseph Boneza;
(n) At Gisagara, 2IIb Jean-Marie Vianney Rwanyabuto was said to
have been killed;
(o) At Kabgay, on 3 June 1994, Mgr. Thadol Nsengiyumva,
Archbishop of Kigali; Mgr. Vincent Nsengiyuniva, Bishop of Kabagazi and
President of the Episcopal Conference; Mgr. Joseph Rugindana, Bishop of
Byamba, and 10 priests (of whom 8 have been identified as Mgr. Jean-Marie
Vianney Rwabilinda, Vicar-General; Mgr. Innocent Gasabwaya, former
Vicar-General; Abbe Sylvestre Ndaberetse, Diocesan Bursar;
Abbe Bernard Ntamugabumwe, prefectoral representative of Catholic
teaching at Gitarama; 2IIb Emmanuel Uwimana, Rector of the Small
Seminary; 2IIb Fran9ois Muligo, priest at the Cathedral;
Abbe Alfred Kayibanda, vicar at the Cathedral; and Abbe Fid Le Gahonzire,
almoner at Kabgayi Hospital) were killed.”
The Special Rapporteur has also received information concerning massacres
committed in places of worship:
“ (a) At Nyarubeye, thousands of Rwandans were massacred on
14 April on the premises of the local Catholic church, in the chapel, in
the prayer halls and in a convent;
(b) At Rukara, in the Catholic parish of Karumbamba, about
2,000 persons who had taken refuge there were bludgeoned to death and
hacked to pieces. Eighty corpses were found in the church. The same
scene was repeated in three other churches in the region;
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(c) At Musha, about 1,200 persons were massacred in a church on
13 April. Armed men broke down the door, opened fire with semi-automatic
weapons and grenades and attacked the survivors with knives, clubs and
spears;
(d) In the diocese of Butare, 170 persons who had taken refuge in
the church at Ngoma were killed;
(e) At Kigali, the Church of the Holy Family was subjected to
bombardments and mortar attacks after 8,000 persons had taken refuge
there. Two persons were killed and eight others wounded by a mortar
shell. A previous attack had already left 12 dead. Seven members of the
Missionary Sisters of Africa were killed and other Dominicans also met
the same fate. At Nyamirambo, soldiers stormed the church, forced its
congregation to leave and then opened fire, killing a large number of
persons both inside and outside. At Gikondo, in front of the church
ministered to by the Pallottine Fathers, a massacre occurred
on 7 or 8 April: 61 persons were killed and 13 seriously wounded.”
Sudan
In a communication dated 20 October 1994, the Special Rapporteur sent the
following observations to the Government of the Sudan:
“According to the information received by the Special Rapporteur,
the right to freedom of religion continues to be seriously violated.
It is reported that, in the north of the country, various forms of
religious intolerance are practised against the orthodox Copt minority
(150,000 to 200,000 persons), including the closure of churches, mass
dismissals from official posts and judicial institutions, discrimination
in access to nationality and education, the army and the media and
compulsory Islamic dress of Copt women.
In the south of the country, the Government is said to be pursuing
a repressive policy against Christians through such actions as killings,
torture, prohibition against churches and Christian institutions owning
land, expulsion of Christian missionaries, arbitrary distribution of
foodstuffs and enforced conversion to Islam in exchange for food,
imposition of Islamic law and compulsory requirement for women to dress
in conformity with Islamic morality. It is reported that, on
26 December 1993, the Government air force bombarded Chu Kudum, targeting
the Catholic Church.
In the Nuba Mountains, inhabited mainly by Christians, it is stated
that, in addition to the enforced displacement of tens of thousands of
civilians whose villages are said to have been deliberately destroyed by
Government forces, the Christian elite has been systematically
eliminated. Two Christians from the village of Nafia, Mr. Yohana Ahmad
Yoused and Mr. Abdulgarder Elgewser, described as having converted to
Catholicism in 1970, have reportedly been detained and tortured.
Threatened with execution if they did not renounce Christianity, they are
reported to have been forced to recite the “Shahada”, thereby
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automatically becoming Muslim according to Islamic beliefs. These two
persons are said to have been released following their forced conversion.
Moreover, it is claimed that article 126 of the new Penal Code adopted
in 1991 provides for the death penalty for apostasy.
The Special Rapporteur has also been informed of the case:
Father Isma l Gibriel, arrested for the first time in 1992 and released
after one and a half months in detention, who is reported to have been
imprisoned again on the grounds of allegedly supporting the Sudanese
People's Liberation Army.
The Sudanese Government is also said to be Islamizing education.
The 1992 the General Education Regulation Act is alleged to establish the
supremacy of Islamic culture and to stipulate that Islamic instruction
and the use of the Arabic language are compulsory at all levels of
education. Further, the Minister of Education is reported to have
announced on television that all schools and their students are required
to conform to the Islamic way of life. He is also said to have announced
Parliament's confirmation of government regulations instructing students
to comply with the Islamic code of dress. Catholic missionary schools
are reported to have been forced to close in 1992 and 1993 because of
their refusal to abide by this code.
This Islamization of education is further reported to have led to
the dismissal of university teaching staff and to the arrest, detention
and torture of members of the academic community. It is claimed that the
University of Khartoum is under a permanent state of siege, that the
university press is censored and that all written material not in
conformity with Islam is destroyed.
The media are also reported to be subject to a policy of
Islamization. Since March 1992, the weekly Christian radio programme is
said to have been suspended without explanation. In May 1992, the
editor-in-chief of Radio Juba is said to have been detained for 10 days
for having announced the beatification of the Sudanese Sister Bakhita.
Publication of a column written by a Copt priest in the Sunday edition of
Soudan Moderne is said to have been suspended.”
Sri Lanka
In a communication dated 5 September 1994, the Special Rapporteur sent
the following observations to the Government of Sri Lanka:
“According to the information received, the Liberation Tigers of
Tamil Eelam (LTTE) have expelled all the Muslims from the areas in the
north of the country under their control. They are also reported to have
expropriated all the property of the Muslims and to have threatened them
with death if they try to return.
LTTE is also said to have severely restricted the freedom of
movement of Tamils living in the areas under their control, to have
demanded that any person wishing to travel outside those areas pay an
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‘exit tax' and leave the whole of his or her property in escrow.
Furthermore, in order to ensure that such persons return, often only
one person per family is authorized to travel.
The Special Rapporteur has also been informed that evangelist
Christians are often subjected to manifestations of hostility and
sometimes to violence by the local Buddhist clergy and groups opposed to
activities involving the conversion of Buddhists to the Christian
religion. Some newspapers are also said to have reported such attacks.
The following cases have been brought to the attention of the
Special Rapporteur and are summarized as follows:
(a) In 1994, an independent evangelist from a village near
Colombo is reported to have had stones thrown at his house on several
occasions. During an inquiry, a Buddhist monk complained of local people
being converted to Christianity and threatened that he would prevent them
from being buried in their village if they continued to attend Christian
meetings. The monk allegedly also incited villagers to expel the
evangelist from the village;
(b) In 1994 in a village near Kandy, Buddhist monks are reported
to have organized a procession to protest against the presence of a place
of worship, an established evangelist church. Furthermore, the leaders
of an evangelist prayer meeting are reported to have been insulted and
threatened by a group of S monks and some 20 faithful.”
On 25 November 1994, the Government of Sri Lanka transmitted the
following information to the Special Rapporteur in reply to the above
allegation:
“The summary of information, broadly refers to the following
allegations:
(i) Forced expulsion of Muslims from areas in the Northern
Province of Sri Lanka and the expropriation of their property
by the Liberation Tigers of Tamil Eelam (LTTE) ;
(ii) Restriction imposed by LTTE on the free movement of Tamils
from areas under its control to other areas in the country;
(iii) Acts of hostility committed by sections of Buddhist groups on
evangelist Christians.
At the outset, it may be noted that, of the three allegations
mentioned above, (i) and (ii) refer to the activities of LTTE, a
separatist militant group seeking to establish a mono-ethnic separate
State for the Tamils in the Northern and the Eastern Provinces of
Sri Lanka, and (iii) refers to incidents involving some sections of the
Sri Lankan community belonging to one faith against persons of a
different faith.
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From the foregoing, it will be clear that the Government of
Sri Lanka was not involved directly or indirectly in the incidents set
out in the allegations; nor did the Government acquiesce in, or condone,
in any manner, any of these incidents. This is in consonance with
article 14 (1) (f) of the Constitution of Sri Lanka, which states that
every citizen is entitled to ‘the freedom, either by himself or in
association with others, and either in public or in private, to manifest
his religion or belief in worship, observance, practice, and teaching' .
The highest respect with which this constitutional right has been
treated by the Government of Sri Lanka can be evidenced by the fact that,
of the many cases alleging human rights violations filed in the Supreme
Court of Sri Lanka since the entry into force of the Constitution in
1978, no case has so far alleged infringement or abridgement of the
freedom of religion. Indeed, the freedom of religion remains a
non-derogable right in the Constitution.
In view of the importance attached to the freedom of religion
in Sri Lanka, the Government studied the incidents set out in
allegation (iii) seriously. The position with regard to each of the
incidents is as follows:
(a) The incident that occurred in Kiribathgoda within the
Peliyagoda police area: in this instance, neither the victim nor any
persons could point out the suspects. Though the Buddhist monk of the
area has been suspected of promoting hostility, no direct evidence has
been adduced against him.
(b) The incident that occurred in the Kuliyapitiya police area:
though the temporary buildings put up by the ‘Assembly of God' had been
set on fire on 4 September 1994, the identity of those responsible could
not be established either by the victims or by any persons.
(c) The incident that occurred in the Bulathsinhala police area:
in this instance, unknown persons caused damage to the projector (valued
at Rs 10,000) used to screen the film ‘The Life of Jesus Christ'.
(d) The incident that occurred in the Kandy police area: there
was no complaint made to the police concerning a procession conducted by
Buddhist monks to protest against the presence of an evangelist church in
Kandy; nor has the police received any information to the effect that the
leaders of an evangelist church were insulted by Buddhist monks.
As regards allegation (i) , the Government of Sri Lanka, based on
the information available to it, confirms that Muslims in the areas of
the Northern Province, namely, the districts of Jaffna, Mannar and
Kilinochchi, have been forcibly expelled from those areas by LTTE after
expropriating their property. These Muslims have been driven, together
with thousands of Sinhalese, from the areas of their habitation in the
Northern Province in a manner which is suggestive of a policy of ethnic
cleansing practised by LTTE.
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In regard to allegation (ii), it is correct that LTTE has imposed
restrictions on the free movement of people from areas under its control,
to the mainland of Sri Lanka. The following are some of the practices
adopted by LTTE with regard to the movement of persons:
(a) A bond must be signed by a surety if a person wishes to leave
the Jaffna peninsula.
(b) At least one inmate of the house should always remain at
home.
(c) The house and property should be handed over to LTTE if all
inmates seek to leave the area.
(d) A penalty of Rs 100,000 should be paid to the LTTE in respect
of each person in the family, if the entire family seeks to leave the
peninsula for good. In addition, the house and property belonging to the
family will also be confiscated.
A levy of Rs 100 is reported to be charged by LTTE to issue a
normal pass to a person leaving the Jaffna peninsula for a short period.
Rs 500 is levied for an emergency pass.
Media reports and statements of several non-governmental
organizations testify to the veracity of these allegations.
With a view to giving a broader perspective of LTTE involvement in
persistent and gross violations of the human rights of the different
religious and ethnic groups in Sri Lanka, the Government is pleased to
annex hereto a copy of letter No. tJN/HRTS/1/23 Vol. XVI of 9 August 1994,
sent by the Permanent Representative of Sri Lanka to the Centre for Human
Rights in pursuance of Commission resolution 1994/46 and General Assembly
resolution 48/122.”
9 August 1994
“Sir,
I am writing to you in connection with Commission on Human Rights
resolution 1994/46 and General Assembly resolution 48/122, both entitled
‘Human rights and terrorism' . The information given below is further to
my letter tJN/HRTS/1/23 Vol. X dated 28 October on the same subject.
2. With a view to facilitating your task in compiling the information
requested in paragraph 3 of the Commission resolution 1994/46, I wish to
bring to your attention the consequences in Sri Lanka of the activities
of the Liberation Tigers of Tamil Eelam (LTTE) . You may wish to make
this information available to the Special Rapporteur and the Working
Groups concerned, for their consideration.
3. The terrorist activities of LTTE, in their violent campaign to
establish a mono-ethnic racist one party State in the north and the east
of Sri Lanka, have been an obstacle to the enjoyment of all human rights
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(whether civil and political or economic, social and cultural) of the
Muslim, Tamil and Sinhalese people in all parts of the country.
Considering the fact that the terrorist activity of LTTE has expanded
and its potential extended beyond the territory of Sri Lanka, other
countries have declared LTTE a terrorist organization. 1/
4. With regard to civil and political rights, LTTE has systematically
tried to prevent the holding of elections in the Northern and the Eastern
Provinces of Sri Lanka. In March 1994, despite LTTE threats of violence,
the Government successfully held local government elections in the
Eastern Province and in the Vavuniya district of the Northern Province
so that voters could exercise their most cherished right.
4.1 The general elections to Parliament are scheduled to be held
shortly, and once again LTTE is obstructing all efforts to enable the
people of the north to cast their votes. Uncertain of their success in
such a democratic process, LTTE has sought to impose its own rule by the
use of force and by the elimination of democratic political opposition.
4.2 LTTE has consistently denied the people of the Northern Province
their right to free expression, their right to participation in free and
fair elections and the right to vote and to participation in the
government of the country.
5. LTTE has similarly deprived the people of Sri Lanka of several
other rights enshrined in the International Covenant on Civil and
Political Rights, including the right to life. The methods used by LTTE
to impose their rule have violated the peoples' right to freedom from
arbitrary arrest and detention and the right to equal protection of the
law. The rights of children and freedom from compulsory labour are
violated by LTTE's forced conscription of children into their ‘training
camps' and ‘armies' . These facts are well-documented both locally and
internationally. This practice, as well as that of forced contributions
and extortions from the population totally violate the call for
prohibition on unlawful interference in an individual's privacy and
family.
6. Regardless of international human rights standards calling for the
prohibition of advocating national racial or religious hatred, the thrust
of LTTE propaganda is based on the advocacy of war and violence on these
discriminatory grounds. This is best established in their practice of
‘ethnic cleansing' for forcibly evicting Muslims and Sinhalese living in
the Northern and Eastern Provinces of Sri Lanka. This practice has
resulted in tens of thousands of displaced persons in the country.
Similarly, the intolerance of LTTE based on religious grounds is proven
in their gruesome attacks on two mosques in Kattankudi in the Eastern
Province on 3 August 1990, in which 103 Muslims were killed in prayer.
In 1985 one of the most revered and historical Buddhist sites in
Sri Lanka was attacked in Anuradhapura, and 120 monks and worshippers
were killed in the incident.
1/ India and the United States.
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7. The individual and collective enjoyment of economic, social
and cultural rights in Sri Lanka have also been severely affected.
The large-scale destruction of public works infrastructure and the
administrative mechanism in the north and the east have led to
reconstruction costs which continue to be a substantial drain on the
Government's budget. Scarce financial and other resources of the
Government are diverted from productive purposes towards defence,
reconstruction and welfare.
8. Similarly, the people's right to work, to food, clothing and
housing, to health and education and even the right to freedom from
hunger are jeopardized by LTTE's disruptive activities. The Government
has not only to send a continuous supply of humanitarian provisions to
the north and the east in order to ensure the well-being of the people
of these areas, but has also to enlist the support of local and
international NGOs, the International Committee of the Red Cross and
relevant United Nations organizations to protect these supplies from LTTE
sabotage. The cost of humanitarian provisions to the north and the east
amounts to US$ S million per month.
9. The acts of violence of LTTE have been perpetrated not only in
Sri Lanka, but overseas as well, with similar repercussions on peoples'
rights and freedoms. Armed attacks and assassinations have been carried
out in southern India, the most recent being the tragic assassination of
the former Prime Minister of India, Mr. Rajiv Gandhi. Threats of
reprisals on family and relatives in Sri Lanka have been a preferred
means of LTTE to extort cash and ‘contributions' from Sri Lankans
resident overseas.
10. The LTTE link with drug trafficking is well-documented. Members of
LTTE have been apprehended in all parts of the world (particularly in
Western European countries, as well as in the United States and Canada)
for the possession of drugs in the course of the last 10 years. The
money collected in this process is used for the purchase of illicit arms
and explosives, thereby posing a grave threat to the security of the
society and the peaceable enjoyment of the fundamental human rights.
11. The activities of LTTE in Sri Lanka have therefore severely
affected and restricted the enjoyment of the civil and political
rights, as well as of the economic, social and cultural rights of all
Sri Lankans, whether of Muslim, Tamil or Sinhalese origin. Faced with
these constraints, the efforts of the Government of Sri Lanka have been
to ensure its obligations relating to the promotion and protection of
human rights of all its citizens. However, as recognized in Commission
on Human Rights resolution 1994/42, the individual too has ‘duties to
other individuals and to the community to which he or she belongs' and
‘is under responsibility to strive for the promotion and observance of
the rights recognized in the International Covenants on Human Rights' .
12. I would be grateful to you, Sir, for transmitting the contents of
this letter to the relevant persons in conformity with paragraph 4 of
E/ CN. 4 /1995/91
page 87
resolution 1994/46, as well as for distributing it as an official
document of the fifty-first session of the Commission on Human Rights to
all member and non-member States, and to observers.
13. I am annexing some relevant statistics on civilian casualties,
politicians killed and bomb explosions as a result of LTTE terrorism.”
“VIOLATIONS OF HUMAN RIGHTS PERPETRATED
BY THE LTTE TERRORIST GROUP
The Liberation Tigers of Tamil Eelam (LTTE) have violated the
right to life, killing civilians of all religious and ethnic groups and
targeting men, women and even children in their terrorist attacks carried
out in Sri Lanka and abroad. Annexes (a), (b) and (c) give specific
details of the massacres of civilians, of politicians killed and bomb
explosions carried out by LTTE.
The LTTE massacre of 62 Sinhalese settlers at the Dollar and Kent
Farms in Vavuniya on 30 November 1984 was followed by the massacre of
villagers engaged in fishing at Kokilai and Nayaru on 1 December.
In May 1985, LTTE gunned down 120 Buddhist pilgrims worshipping at
the Scared Bo Tree in Anuradhapura (a sapling of the tree in Buddhagaya
under which the Buddha attained enlightenment) and injuring about
85 others engaged in worship at one of the most scared religious
sites in the country. In 1987 LTTE massacred 30 Buddhist priests and
4 civilians travelling in a bus for a religious ordination ceremony;
another 15 Buddhist priests were injured in this attack.
Not only Buddhist but Muslim places of worship have also been
desecrated. In 1990 LTTE terrorists opened fire on Muslims praying in
two mosques at Kattankudy, killing 103 and wounding 70.
Almost all of these attacks were carried out with a premeditated
and cynical brutality hitherto unknown in Sri Lanka. Women and children
were not spared. In the attack at Mahadivulwewa on 27 May 1986, of the
20 Sinhalese killed 10 were children, the youngest a 14-month-old boy.
Brutal methods and horrifying mutilations were inflicted in order to
drive terror into the people. LTTE exploded a bomb killing 110 civilians
and injuring 298 others at the Pettah central bus stand in 1984, at the
height of the rush hour. In November the same year, LTTE set off a
car-bomb killing 23 civilians and injuring 106 outside the Maradana
central railway station, at the peak traffic hour.
LTTE is also well known for its internecine warfare and attacks on
all other Tamil political groups, to annihilate opposition. It has
systematically eliminated key Tamil political leaders, beginning with
Major Alfred Duraiappa in 1975, and others such as A. Amirthalingam, a
former leader of the opposition, and V. Yogeswaran of the TULF 2/ and
Sam Thambimuttu EPRLF, 2/ Member of Parliament. These acts have been
2/ Tamil political parties.
E/CN. 4/1995/91
page 88
carried out with the clear objective of eliminating the moderate Tamil
political leadership committed to a democratic political system.
The LTTE involvement in the assassination of elected leaders of
Sri Lanka such as President Ranasinghe Premadasa and former Cabinet
Minister Lalith Athulathmudali, during the provincial councils election
campaign of 1993, have transpired in the investigations. In 1991, LTTE
set off a car bomb, assassinating Gen. Ranjan Wijeratne, State Minister
for Defence.
Thus the LTTE campaign of terror has been launched with the
principle objective of the systematic elimination of the democratic
political leadership both in the south and the north of the country.
LTTE has the capacity to carry out its attacks even abroad.
In 1984, in India, LTTE exploded a bomb at Meenambakkam airport in
Madras, killing 30 persons. In 1990, LTTE assassinated K. Pathmanaba
and other EPRLF leaders in Madras. In 1991, a LTTE suicide bomber
killed Rajiv Gandhi, former Prime Minister of India, during the Indian
election campaign. Earlier this year, LTTE killed a Tamil organizer,
S. Sabalingam in Paris, apparently for daring to expose LTTE intolerance
and hate-tactics.
Innumerable attempts have been made by LTTE to strike terror in
the heart of the capital city, Colombo, and to halt friendly external
support. A bomb was planted in an Air Lankan plane in 1986, resulting in
16 dead and 39 injured. Bombs have also been placed in hotels, resulting
in many deaths and injuries.
Planting of bombs in crowded buses and trains, laying land-mines on
busy roads, abducting and killing villagers and settlers in remote areas,
burning and looting of houses and other property, killing farmers in the
fields and fishermen at sea are all routine LTTE operations.
Arrests of LTTE couriers and agents and court convictions have
revealed that the organization's tentacles are spread wide overseas,
based on narcotic drugs and arms smuggling and the victimization of Tamil
expatriates by extortion.”
“MASSACRE OF CIVILIANS BY LTTE
(From 23.07.83 to 22.04.94)
Date Place Incident
30.11.84 Dollar Farm Armed terrorists shot dead 33 Sinhalese
Vavuniya settlers and injured several others.
30.11.84 Kent Farm Armed terrorists shot dead 29 Sinhalese
Vavuniya settlers.
01.12.84 Kokilai/Nayaru Armed terrorists shot dead 11 Sinhalese
Vavuniya settlers.
E / CN. 4 /1995/91
page 89
Date Place Incident
14.05.85 Anuradhapura Armed terrorists invaded town and shot
dead 120 Sinhalese and injured
85 others. This included pilgrims who
were inside the sacred Sri Maha Bodhi
premises.
14.05.85 Vilpattu Armed terrorists shot dead 18 Sinhalese
Anuradhapura in the forest reserve.
11.06.85 Dehiwatta 13 Sinhalese settlers shot dead by
Mutur armed terrorists.
02.08.85 Thrikonamadu Armed terrorists shot dead three
Polonnaruwa Sinhalese Buddhist monks and
three civilians at Ruhunu Somavathiya
Temple.
14.08.85 Awarantalawa Armed terrorists shot dead 7 Sinhalese
Vavuniya and set fire to 40 houses.
18.08.85 Namalwatta Armed terrorists shot dead
Trincomalee six Sinhalese villagers.
07.11.85 Namalwatta Armed terrorists shot dead 10 Sinhalese
Morawewa, Tco. villagers.
20.12.85 Mannar Six Madhu pilgrims, abducted by
terrorists on 12.12.85, were executed.
19.02.86 Sittaru When refugees from Serunuwara,
Kantalai, Dehiwatta were being escorted by army
Trincomalee personnel along Ella/Kantalai road, a
mine was exploded: 35 civilians and
4 army personnel were killed.
03.05.86 Madras Air Lanka Tn-star explosion -
India 16 killed (13 foreigners - of whom
2 British, 2 German, 3 French,
2 Japanese, 1 Maldivian and
1 Pakistani - and 3 Sri Lankans) ,
39 injured.
25.05.86 Mahadivulwewa Armed terrorists shot dead 20 Sinhalese
and set fire to 20 houses.
04.06.86 Andankulam Armed terrorists shot dead 20 Sinhalese
Trincomalee villagers including Ven. Bakamune
Subaddalanakara Thero.
E/CN. 4/1995/91
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Date Place Incident
11.06.86 Trincomalee Two bombs exploded almost
simultaneously in two buses in front of
the Bank of Ceylon and in close
proximity to the SP office along
Inner Harbour Road. They were on their
way to Kantalai and Colombo
respectively: 22 people were killed in
the explosions; 75 others were injured.
25.06.86 Sittaru Bomb exploded in a vehicle by
Kantalai terrorists killed 16 Sinhalese.
08.07.86 Monkey Bridge, Armed terrorists shot dead 15 Sinhalese
Vavuniya villagers.
13.07.86 Pavakkulam Four armed terrorists who had come in a
Vavuniya jeep to tract No. 16, Pavakkulam,
killed 11 civilians (2 Sinhalese and
9 Tamils) .
17.07.86 Sugar Corp., Armed terrorists entered block No. 4,
Kantalai Sugar Corp., Kantalai and 10 persons
were shot to death. (Seven Sinhalese,
two Muslims and one Tamil.)
19.07.86 Vadigawewa Armed terrorists shot dead 12 Sinhalese
Medirigiriya villagers.
Polonnaruwa
22.07.86 Mammaduwa Terrorists exploded a land-mine on a
Vavuniya civilian bus, killing 32 Sinhalese and
injuring 20 others.
24.07.86 Issenbessagala A bomb exploded inside a bus proceeding
from Vavuniya to Anuradhapura; killing
13 passengers and injuring 40 others.
24.07.86 Mahanagapura About 50 armed terrorists entered
Ampara Damana, a Sinhalese village, and killed
9 persons; another 13 were injured.
07.2.87 Arantalawa Armed terrorists killed 28 villagers by
Ampara slashing their necks.
07.3.87 Awarantalawa, Terrorists exploded a land-mine where
Vavuniya troops were proceeding, killing
seven soldiers, four NAF soldiers and
six civilians.
22.03.87 Serunuwara Armed terrorists shot dead 26 Sinhalese
Horowpathana villagers.
E / CN. 4 /1995/91
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Date Place Incident
17.04.87 Habarana, Armed terrorists shot dead
Trincomalee 127 Sinhalese, including 31 police and
security force personnel who were
travelling in buses to Trincomalee.
21.04.87 Jayanthipura Armed terrorists shot dead 15 Sinhalese
Trincomalee villagers.
21.04.87 Central Bus Terrorists exploded a bomb, killing
Stand, Pettah 110 civilians, 2 policemen and a
soldier; 298 others were injured.
29.05.87 Kadawathmadu, Armed terrorists shot dead seven
Polonnaruwa Sinhalese villagers.
02.06.87 Arantalawa Armed terrorists shot dead 30 Buddhist
Ampara monks and 4 Sinhalese civilians and
injured 15 Buddhist monks.
11.06.87 Veppankulam Private van No. 38 Sri 496 proceeding
Trincomalee from Horowpathana to Trincomalee was
blasted by a pressure mine, killing one
soldier and 13 civilians.
12.06.87 Godapotta, About 175 villagers had gathered to
Medirigiriya discuss a new temple. Terrorists
Polonnaruwa surrounded the temple and attacked
them, killing eight villagers and a
soldier. Six persons were injured.
06.10.87 Batticaloa Armed terrorists shot dead
18 Sinhalese.
06.10.87 Sagarapura, Armed terrorists shot dead 27 Sinhalese
Kuchchuveli villagers.
T r inc oma lee
06.10.87 Thalawai Armed terrorists shot dead 25 Sinhalese
Eravur settlers.
06.10.87 Valaichchenai The night-mail train from Batticaloa
Batticaloa was stopped by terrorists and
40 Sinhalese passengers were killed.
07.10.87 Pottuvil Armed terrorists shot dead 25 Sinhalese
Monargala Road passengers, who were travelling by bus.
They also killed five motor-cyclists
who came along the same route.
10.10.87 Gantalawa Armed terrorists shot dead 10 Sinhalese
Kantalai villagers.
15.10.47 Ella, Armed terrorists shot dead 14 Sinhalese
Kantalai Road, passengers travelling on two lorries.
T' malee
E/CN. 4/1995/91
page 92
Date Place Incident
16.10.87 Pulimodai Armed terrorists stopped a private bus,
Trincomalee took out Sinhalese persons and killed
11 of them including 3 policemen.
19.10.87 Kalkudah Private bus 23 - 1182 transporting
Batticaloa Tamil passengers got caught on a
land-mine, killing 40 persons and an
IPKF soldier
09.11.87 Maradana Terrorists exploded a bomb in a
Colombo vehicle: 23 civilians killed,
106 injured, 15 shot dead by
terrorists.
11.11.87 Kalkuda, Seven Sinhalese persons selling fish
Batticaloa were shot dead by terrorists.
12.11.87 Cheddikulam, A van transporting passengers was
Vavuniya blasted by a land-mine explosion,
killing 12 Tamil persons and 13 PLOTE
members.
15.12.87 Devalagodella, Terrorists attacked Devalagodella and
Polonnaruwa Somavathiya village, killing nine
villagers.
22.12.87 Morawewa, Terrorists abducted five Sinhalese and
Trincomalee a Tamil, who were fishing in Morawewa
Tank and subsequently killed them.
31.12.87 Mahadivulwewa Armed terrorists shot dead 10 villagers
Trincomalee and burnt 15 houses.
02.03.88 Morawewa, Armed terrorists shot dead 14 Sinhalese
Trincomalee villagers.
05.03.88 Sittaru Terrorists exploded a land-mine on a
Kantalai civilian lorry, killing 8 Sinhalese and
16 Muslims.
11.03.88 Suhadagama A group of armed terrorists attacked a
Horowpathana private bus, 22 Sri 2218, at
Anuradhapura Suhadagamaw with small arms and
grenades, killing 19 passengers and
injuring 9 others.
14.03.88 Galmitiyawa, Armed terrorists shot dead 13 Sinhalese
Kantalai villagers at Galmitiyawa.
15.03.88 Kivulkade, Two groups of terrorists entered the
Morawewa, village and killed seven Sinhalese
Trincomalee villagers.
17.03.88 Deegavapiya, Terrorists hacked to death 13 Sinhalese
Damana, Ampara villagers.
E / CN. 4 /1995/91
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Date Place Incident
22.03.88 Pudukulam, Between 10 and 15 armed terrorists
Vavuniya attacked the Sinhalese village and
killed 6 villagers. Another three were
injured.
22.03.88 Medavachchi- Armed terrorists shot dead nine
kulam Sinhalese villagers.
Vavuniya
29.03.88 Wewalketiya A bomb exploded inside CTB bus
29 Sri 9037 Anuradhapura which was
proceeding from Horowpathana to
Medavachchiya, killing 9 passengers and
injuring 14 others.
31.03.88 Saindamaradu, Terrorists attacked the village,
Kalmunai killing 10 Muslims and 7 Tamils.
08.04.88 Horowpathana Armed terrorists killed 14 Sinhalese.
Meegaswewa
Anuradhapura
01.05.88 Sittaru Terrorists exploded a land-mine on a
Kantalai, CTB bus killing 12 Sinhalese, 9 Muslims
Trincomalee and S others, who were not identified.
28.07.88 Ethawetunawewa, Armed terrorists hacked to death
Weli Oya 16 Sinhalese villagers.
16.08.88 Trincomalee Terrorists exploded a bomb, killing
(opposite Clock 6 Sinhalese, 2 Muslims, 1 Tamil and a
Tower) soldier; 19 persons sustained injuries.
25.08.88 Marawila, Terrorists killed 11 civilians by
Polonnaruwa cutting their necks.
10.09.88 16th Colony, Armed terrorists shot dead
Central Camp seven Sinhalese and four Tamils.
Ampa ra
09.10.88 Mahakongaskada Armed terrorists shot dead 44 Sinhalese
Medavachchiya villagers and set fire to 11 houses.
14.11.88 Paniketiyawa, Armed terrorists shot dead
Gomarakadawela 28 Sinhalese, including two security
Trincomalee force personnel.
02.02.89 Bogamuyaya, Armed terrorists hacked to death
Maha Oya, 11 Sinhalese villagers.
Ampa ra
11.02.89 Dutuwewa, Armed terrorists shot dead 34 Sinhalese
Horowpathana villagers.
E/CN. 4/1995/91
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Date Place Incident
22.02.89 Tract No. 13, Terrorists attacked Tract No. 13 and
Sinhapura, six Sinhalese were killed and another
Weli Oya seven were injured.
27.02.89 Borawewa, Armed terrorists shot dead 37 Sinhalese
Polonnaruwa villagers.
17.08.89 Nochchikulam, An lED explosion, killing eight
Vavuniya civilians and injuring four others.
23.07.90 Veeracholai, Terrorists killed eight persons,
Batticaloa thought to be Muslims and hanged them
on trees.
24.07.90 Damminna, Armed terrorists hacked to death eight
Aralaganvila Sinhalese villagers.
Polonnaruwa
25.07.90 Wan Ela, Terrorists hacked to death
Trincomalee nine Sinhalese villagers who were
cutting firewood.
26.07.90 Thammannaelawaka Armed terrorists hacked and shot to
Medavachchiya death 19 Sinhalese and set fire to
30 houses.
30.07.90 Akkaraipattu Terrorists shot dead 14 Muslims in the
Batticaloa town.
31.07.90 Podankadu, Ten Tamil civilians were killed by
Peraru, Kantalai unidentified gunmen.
03.08.90 Jumma & Hussainia Terrorists opened fire on Muslims who
Kathankudy were praying in two mosques, killing
103, and injuring 70.
05.08.90 Mulliyankadu, Terrorists killed 17 Muslim farmers
Ampara working in a paddy-field.
06.08.90 Ampara Terrorists killed 33 Muslim farmers
working in a paddy-field.
07.08.90 Bandaraduwa, About 40 armed terrorists went to a
Uhana, Ampara Sinhalese village and killed
30 Sinhalese and injured 4.
08.08.90 Meegaswewa Private coach 20-228 proceeding from
Anuradhapura Morawewa to Horowpathana with a load of
passengers was attacked by terrorists.
They killed 26 Sinhalese, including a
soldier, and 7 others were injured.
08.08.90 Navagamuwa, Terrorists attacked a Sinhalese village
Anuradhapura and killed seven civilians;
four persons were injured.
E / CN. 4 /1995/91
page 95
Date Place Incident
11.08.90 Division 3 & 6 Terrorists attacked Div. 3 & 6, Eravur,
Eravur killing 116 Muslims and injuring
20 others.
13.08.90 15th Mile Post Twenty-five civilians who were
Pulmoddai travelling in a lorry from Negombo at
Weli Oya Kokuvil were ambushed by terrorists,
who killed 14 of them.
13.08.90 Gangi village, Six Muslim fishermen were killed by
Muttur, terrorists.
T r inc oma lee
13.08.90 Awarantalawa A Muslim village adjoining a Sinhalese
Vavuniya village was attacked by terrorists;
nine Muslims and one Sinhalese were
killed. Three others were injured.
13.09.90 Poonani, Terrorists hacked to death seven Muslim
Batticaloa civilians and injured one.
19.09.90 Vellamundal, Terrorists killed 23 Sinhalese and set
Puttalam fire to 11 houses at the fishing
village.
21.09.90 Pudukudiyirippu Terrorists attacked the village killing
Ampara 15 Muslims and injuring 11.
30.09.90 Peraweltalawa, Terrorists hacked to death
Maha Oya, nine Sinhalese villagers.
Ampa ra
02.10.90 Vahalkada, Armed terrorists shot dead
Ampara seven Sinhalese and set fire to
39 houses.
11.10.90 Arugambay, Two terrorists shot dead nine Muslims
Ampara who were collecting firewood.
23.10.90 Thanthirimalai Armed terrorists killed eight Sinhalese
Anuradhapura and two home guards.
01.11.90 Halambawewa, Terrorists attacked the village
Sinhapura, and killed 10 Sinhalese.
Weli Oya
23.01.91 Bogamuyaya Armed terrorists hacked to death
Maha Oya, 25 Sinhalese villagers and injured
Ampara 9 others, of whom 4 subsequently
succumbed to their injuries.
24.03.91 Bogamuyaya Bomb explosion at Fish Market
Akkaraipattu Akkaraipattu, killing 9 Muslims and
injuring 32 others.
E/CN. 4/1995/91
page 96
Date Place Incident
31.03.91 Irudayapuram Terrorists shot dead eight civilians at
Batticaloa the market in the night.
03.04.91 Keviliya Terrorists in two boats surrounded
Foul Point six vallums and opened fire at the
Trincomalee fishermen. Some fishermen jumped into
the sea and swan. Four vallums were
set on fire, 10 dead bodies and
11 injured were found. Sixteen were
missing. The missing persons were
either taken away by terrorists or
drowned after being shot.
14.04.91 Ethimalai, About 15-20 terrorists hacked to death
Monaragala 17 Sinhalese villagers and injured
another. They also set fire to
six houses.
20.04.91 Niyadella, Terrorists attacked the village and
Okkampitiya, hacked and shot to death 21 men, women
Moneragala and children. Two others were injured.
Three houses, a car and a motorcycle
were set on fire. When the terrorists
were fleeing they killed another
villager in the adjacent village.
19.05.91 Erakkamam, Terrorists attacked five Muslims and
Ampara two Sinhalese persons, whilst they were
returning from the paddy-field, killing
six persons and injuring one.
20.05.91 Malwatta, Terrorists fired on a group of Muslims
Sammanthurai who were returning from the paddy-field
Ampara in a tractor; nine Muslims were killed
and two injured.
12.06.91 Kokkadicholai Bomb explosion in Manmunai ferry in
Batticaloa Kokkadicholai, killing 4 army personnel
and 10 civilians.
24.06.91 Weligahakandiya Terrorists abducted and killed
Batticaloa eight Sinhalese and injured one Tamil.
27.06.91 Lahugala, When a private bus 60-9765 was
Ampara proceeding from Monaragala to Pottuvil
with a load of passengers, terrorists
exploded two claymore mines and opened
fire at the passengers; 16 civilians
were killed and 8 wounded.
E / CN. 4 /1995/91
page 97
Date Place Incident
06.07.91 Pudur, Jaffna About 20-30 terrorists carrying arms
entered the Pudur Muslim village,
forced open the cooperative stores and
stole canned fish, batteries, flour,
dhall and sugar. Then they cut and
killed nine Muslims and moved towards
the Mahaweli river bank and cut to
death another eight persons, injuring
four others. One of the injured
succumbed to his injuries. Total
killed: 16 Muslims and 2 Sinhalese.
06.07.91 Karapola Nine Sinhala fishermen fishing at
Manampitiya Karapola lake and the owner of Vadiya
Polonnaruwa who came there in his Delica
van 84-7071 were abducted by terrorists
and killed, except for one fisherman,
who escaped and informed Manampitiya
detachment.
08.08.91 Sammanthurai, Six Muslims, returning from their
Batticaloa paddy-fields were killed by terrorists.
19.09.91 Palliyagodella Terrorists launched an attack on a
Polonnaruwa Muslim village, killing 13 Muslims and
injuring 6 others.
24.10.91 Iqbal Nagar, When a private van was proceeding along
Trincomalee Kuchchuveli with some passengers,
terrorists who were in ambush, fired at
them killing three Tamils and
three Muslims.
26.01.92 Between Private bus plying between Maha Oya and
Arantalawa and Ampara got caught on a land-mine. The
Borapola explosion killed 9 civilians and
Ampara 1 airman and injured 17 civilians and
9 airmen.
10.4.92 Ampara Town A bomb exploded in private bus 30-7088
causing the death of 25 civilians and
injuring 33 civilians. One policeman
was also killed and two army personnel
were wounded.
10.04.92 Maharagama A car bomb exploded, causing the death
of 8 civilians; 1 policeman and
23 civilians were injured.
29.04.92 Alinchipothana Terrorists attacked the Alinchipothana
Polonnaruwa village, causing the death of
56 Muslims and injuring 15.
E/CN. 4/1995/91
page 98
Date Place Incident
02.06.92 209th Mile Post A group of terrorists stopped private
Ampara bus No. 60-9799 proceeding from
Akkaraipattu to Pottuvil and opened
fire, killing 14 civilians,
1 policeman, and injuring 2 civilians
and 1 policeman.
06.07.92 Parayankaulam Terrorists publicly shot dead 10 Tamil
Vavuniya lorry drivers and a woman, alleging
that they had passed information to the
security forces.
15.07.92 Kirankulam, Terrorists attacked a civilian bus
Batticaloa proceeding from Kathankudy towards
Kalmunai, killing 19 Muslims and
injuring 7 Muslims.
21.07.92 Parangiyamadu, Terrorists stopped the
Batticaloa Colombo/Batticaloa train, ordered the
passengers to get down and opened fire
at the Muslim passengers: seven
Muslims were killed and four Muslims
were injured. The terrorists also
exploded the engine of the train.
30.08.92 Trincomalee Town A bomb planted in a private bus at the
bus-stand exploded, killing 9 civilians
and injuring 34 (including 4 soldiers,
2 reserve policemen) .
01.09.92 Saindamaradu A bomb fixed to a push-cycle carrying
Kalmunai an ice-cream container, exploded at the
market, killing 22 Muslims and injuring
67 others.
10.09.92 Kiliveddi Point Terrorists blasted a ferry across
Trincomalee Allai Tank and killed 22 soldiers and
7 civilians, and injured 1 soldier and
2 civilians.
01.10.92 Konwewa Whilst attacking the Konwewa
Weli Oya detachment, terrorists fired and threw
grenades into bunkers of villagers,
killing 15 civilians and injuring
9 others.
15.10.92 Palliyagodella About 200-300 armed terrorists attacked
Polonnaruwa the Muslim village and shot and hacked
to death 182 civilians (171 of them
were Muslims) , 12 policemen and
8 soldiers; 83 others were injured.
E / CN. 4 /1995/91
page 99
Date Place Incident
26.12.92 Vakaneri South Jeep No. 17-5747, exploded on a
Polonnaruwa land-mine, killing five Muslims and
one Tamil.
31.05.93 Nochchiamoddai, Terrorists attacked Nochchiamoddai road
Vavuniya block; 9 civilians, 3 PLOTE members and
1 soldier were killed; 22 civilians,
2 soldiers and 1 PLOTE member were
injured; 15 terrorists were also
killed.
19.01.94 Rambewa, A bomb exploded in a private bus
Anuradhapura carrying civilians from Sripura to
Anuradhapura, causing the death of
10 Sinhalese civilians and injuring 51.
16.03.94 Off Kudiramalai Terrorists attacked about 10 fishing
Puttalam boats, causing the death of 17
fishermen and injuring 3; 5 fishermen
were reported missing.”
Switzerland
In a communication dated 31 August 1994, the Special Rapporteur sent the
following observations to the Government of Switzerland:
“According to the information supplied, the Swiss Military Penal
Code contains provisions making it an offence to refuse to perform
military service on the grounds of conscientious objection. Moreover,
some conscientious objectors have reportedly been imprisoned.
The following case has been brought to the attention of the Special
Rapporteur. Andrea Cadalbert is said to have been sent to prison in
April 1993 to serve a three-month sentence for refusing to perform
military service. Mr. Cadalbert is alleged to have already undergone
initial military training and eight physical training courses, from which
he had concluded that military service was incompatible with his
conscience.”
On 6 October 1994, the Permanent Mission of Switzerland transmitted the
following information about the above allegations to the Special Rapporteur:
“In Switzerland, freedom of conscience and belief is inviolable.
No-one may be forced to join a religious association, to attend religious
teaching or to perform a religious act or be subjected to penalties of
any sort because of his religious beliefs (art. 49 of the Constitution) .
This guarantee, which enjoins religious neutrality on the State, protects
all religious convictions or opinions, even those of very small
minorities in Switzerland, like the Mormons, Scientologists, Jehovah's
Witnesses or Methodists. Freedom of thought, conscience and belief is
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furthermore guaranteed by article 9 of the European Convention on Human
Rights and article 18 of the International Covenant on Civil and
Political Rights.
The 26 Swiss cantons and half-cantons are free to define their
relationship with churches; they may, in particular, while respecting
freedom of conscience and belief, designate one or more ‘official
churches' , and, for example, pay their ministers, subsidize them or allow
them to levy taxes. The cantons' practice has been found to comply with
the general principle of equality.
The Constitution likewise protects the right to change religion,
i.e. to leave a church of which one is a member. While the precedents of
the Federal Court permit churches to establish a special procedure
enabling one of their members to leave them, this procedure must not
constitute an obstacle to the wishes of the person concerned.
In Switzerland, religious belief does exempt a person from
fulfilling a civic duty such as military service, as under the Military
Penal Code anyone refusing to serve is liable to imprisonment (in general
for six months) . Nevertheless, since 15 July 1991, article 81 of the
Code has been amended to enable anyone who, on the grounds of fundamental
ethical values, can reasonably demonstrate that he is unable to reconcile
military service with the demands of his conscience, to perform civilian
service instead of being imprisoned. This obligation to work for a
period of time which is one and a half times longer than the military
service which has been refused, but which may not exceed two years, is
not included in the person's police record. The figures for 1992 are as
follows: 236 (or 55 per cent) of the 433 refusals to perform military
service were genuinely motivated by a conflict with fundamental ethical
values. One hundred and ninety-seven prison sentences were imposed,
221 persons were obliged to perform civilian service and 15 soldiers were
permitted to serve without bearing arms.”
In a decision of 20 March 1992, the Military Court of Cassation pointed
out that:
“A decision dictated by conscience is a compelling value judgement
which imposes a duty to act or not to act upon the decision-taker. It
stems from an extremely personal, profound process, as conscience is the
ultimate, decisive authority which impels the person in question to
behave in a given manner in specific situations in order to be at peace
with himself. A person faced with a situation calling for a decision
guided by his conscience does not have a free choice. He must react in
the way his conscience dictates. This inner voice dictates behaviour
which allows no room for compromise or half measures. Conscientious
objection differs from a refusal to serve on the grounds of abstract
ethical principles or professions of faith which have been learned. It
is special in that in normal circumstances, most decisions are taken in
the light of usual standards and scales of values which are not
imperative in nature.
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Although, when examining a conflict of conscience, no subtle
distinctions may be drawn between ethical, religious or political
reasons, weight should not be given indiscriminately to a decision
dictated by a person's conscience. Only behaviour resting on inner
certitude with regard to fundamental ethical values can justify the
application of article 81, paragraph 2 of the Military Penal Code. These
fundamental ethical values are those with which society has become deeply
imbued with the passage of time and which are conducive to the triumph of
good over evil and justice over injustice in all circumstances. A
decision resting on a rational appraisal reached by the application of
criteria which distinguish what is false from what is true in the eyes of
the person concerned does not typify the dilemma which makes military
service incompatible with the demands of that person's conscience.
Behaviour resulting from adherence to humanitarian principles or a
political ideology does not justify the granting of the exemption
provided for by law, unless at the same time it is based on deeply held
convictions and noble sentiments which are bound up with fundamental
ethical values. Invoking a personal philosophy is not therefore
sufficient for the conditions required for the application of article 81
of the Military Penal Code to be met. Only high moral precepts, which
must be reasonably shown to be of a compelling nature for a person's
conscience, justify conscientious objection.
Mr. Cadalbert, to whom the Special Rapporteur expressly refers in
his request, was sentenced, on the basis of the above-mentioned
principles, to three months' imprisonment for refusal to serve, expelled
from the army and ordered to pay the cost of proceedings amounting to
SwF 510. As he did not avail himself of the legal remedies open to him,
this judgement became final on 22 May 1992. The court considered that
the reasons given by Mr. Cadalbert as grounds for refusing to serve
(taking issue with the structure of the army which he described as
‘inhuman', belief that armies do not solve any problems, etc.) did not
satisfy the requirements of case law (see the above-mentioned quotation)
for valid entitlement to conscientious objection.
Recently, on 17 May 1992, the people and the cantons accepted an
amendment to article 18 of the Constitution which now embodies the
principle of civilian service, as well as the rule that service is
obligatory. It now rests with the legislature to enact legal provisions
implementing this new principle and to stipulate admissible grounds for
exemption from service in the army, the duration of civilian service and
the terms and conditions covering it. At this stage of the legislative
process, it is already possible to say that there will be no free choice
between military and civilian service, as the former will remain the rule
and the second will be permissible only on certain ethical grounds and in
accordance with a procedure which has still to be defined. Nevertheless,
once the legislation comes into force, conscientious objectors will no
longer be liable to a penalty.”
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United Republic of Tanzania
In a communication dated 18 August 1994, the Special Rapporteur
transmitted the following information to the Government of Tanzania:
“The Special Rapporteur has been informed that, on
16 February 1994, a decree was promulgated prohibiting the Jehovah's
Witnesses from pursuing their activities and holding meetings although
they have been recognized and registered as a religious organization
since 1988.
According to some reports, pressure has been building up which
could endanger the religious peace in Tanzania and is a source of concern
to the Christian community. The following cases have been brought to the
attention of the Special Rapporteur and may be summarized as follows: on
Good Friday 1993, clashes occurred between Muslims and police in
Dar es Salaam, after Muslims allegedly attacked butchers' shops selling
pork. The same group reportedly asked its members to give up their
official party cards and form an Islamic party. The Catholic bishops
officially took a stand against religious calumny and provocative acts
towards other religions.”
Turkey
In a communication dated 5 September 1994, the Special Rapporteur
transmitted the following observations to the Government of Turkey:
“According to information received, the Assyro-Chaldean minority
are suffering serious violations, in particular in the area of religious
tolerance. In religious matters, their freedoms are being curtailed and
Muslim religious education is compulsory for this Christian minority. In
the monasteries, activities have been cut back and made subject to prior
supervision by the authorities. In practice, the right to build new
churches cannot be exercised. The Assyro-Chaldeans have no schools, even
at primary level, or social institutions; they are forbidden to open
their own establishments. They are also banned from public service.
They are also reported to be the victims of regular attacks by
armed individuals and groups who not only rob them of their property and
abduct their daughters, but also perpetrate murder, thereby creating an
atmosphere of fear, apparently with the aim of forcing them to leave
their villages. Thus, since 1975, more than 100,000 Assyro-Chaldeans
have left the country and only 10,000 remain.
According to the information transmitted, the following persons
have been murdered:
Name
Date
Place of residence
Site of murder
Bulut
Gevriye
01.04.90
Midyat
Enhil
Bulut
Sami
01.04.90
Midyat
Enhil
Gorgen
Yakup
21.04.90
Midyat
Midyat
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Name
Date
Place of residence
Site of murder
Aykil Yusuf 03.06.90 Midyat Arnas
Aykil Edibe 03.06.90 Midyat Arnas
Davut Malke 09.10.90 Midyat Midyat
Onal Semun 14.11.90 Mardin Binebil
Akgi l Bahhe 14.11.90 Mardin Binebil
Si rer Yusuf 14.11.90 Mardin Binebil
Bi yi kbas Celil 14.11.90 Mardin Binebil
Tahan Ishak 23.03.91 Midyat Midyat
Adil Ferit 27.08.91 Midyat Enhil
Adil Ismuni 27.08.91 Midyat Enhil
Bayru Mikayil 03.12.91 Idil Hazag
Yontan Yakup 26.07.92 Mardin Kiziltepe
Aksoy Fikri 10.08.92 Midyat Midyat
Yi ksel Circis 22.09.92 Savur Mardin
Kalayci Aziz 13.01.93 Midyat Enhil
Ko 9 Isa 13.01.93 Midyat Garabale
Ozbakir Yusuf 13.01.93 Midyat Enhil
Aydin Aydin 13.01.93 Midyat Garabale
Durmaz Gevriye 13.01.83 Midyat Mzizah
Savci Gevriye 06.02.93 Midyat Hah
Aydin Hanna 29.11.93 Hah Midyat
Mete Yakup 16.02.94 Midyat Midyat
On 18 November 1993, a 16-year-old Assyrian boy and his father were
reportedly arrested and detained for 12 days by the security authorities.
The security officers are said to have melted a plastic cross on the skin
of their chests. After their arrest, the father and son, who are from
the village of Bakisyan (Alagoz), were beaten and tortured by officers at
Dargieit police station.
The Assyro-Chaldean inhabitants of the village of Hassana (K6srali
in Turkish), in south-eastern Turkey were expelled by the army in
November 1993, the Assyrian village of Bate having been razed to the
ground in October of the same year.
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The Special Rapporteur has also been informed that evangelists are
being subjected to close surveillance and have in some cases been
arrested by the police. In July 1993, plaintiffs in a court in Istanbul
called for the imprisonment of 14 Spanish members of a Protestant sect
for having sung hymns and distributed Christian pamphlets near a mosque
during worshippers' prayers. The members of the Protestant sect were
accused of disturbing the peace and were released on bail in August 1993.
The activities of the Greek and Armenian Orthodox Churches are also
reported to be under close surveillance. In addition, despite the
interest regularly expressed by the Greek Patriarchate in reopening the
seminary on the island of Halki, which was closed following its
nationalization in the 1970s, a favourable reply has not been received
from the authorities. The Armenian Church has had its land seized by
Muslim extremist groups, notably on the Princes Islands.
According to certain reports, non-Muslim minorities, primarily
Orthodox Greeks but also Orthodox Armenians and Jews, have been
confronted with the danger of losing their places of worship because of a
law transferring ownership of unused religious buildings to the State.
The Special Rapporteur has also received reports that members of
the Alawi Muslim minority are suffering religious discrimination,
particularly with regard to university entrance and promotion in their
jobs. In Tunceli province, whose population is mostly made up of Kurds
and Alawis, the mosque in the centre of the capital can be used only by
Sunni employees of the central Government working in Tunceli. “
Viet Nam
In a communication dated 18 August 1994, the Special Rapporteur
transmitted the following information to the Government of Viet Nam:
“Reports have been received that the right to freedom of religion
is still being seriously infringed.
As far as the Unified Buddhist Church is concerned, the
Special Rapporteur has been informed about the trial at Ba Ria Vung Tau,
at the beginning of January, during which Venerable Thich Hanh Duc,
superior of the Son Linh pagoda, was sentenced to three years'
imprisonment and Venerable Thien Tho to 18 months' imprisonment.
Venerable Hanh Duc was reportedly arrested on 9 July 1993 with 25 other
monks and almost 100 religious believers. According to reports thousands
of the region's faithful, who had flocked to the pagoda that day to
defend him, were unable to prevent his arrest, which was carried out with
the support of a large contingent of security forces, as the local
security forces had had to call in reinforcements of armoured cars in
order to enter the precincts of the pagoda. Venerable Hanh Duc is said
to have been arrested for supporting the Unified Buddhist Church.
Moreover, according to the information received, Very
Venerable Thich Huyen Quang (see E/CN.4/1994/79) is still being kept in
complete isolation under the permanent surveillance of the local security
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forces. His last assistants are said to have been expelled from the
Hoi Phuoc pagoda to which he had been restricted since 1982. He is
allegedly forbidden to travel, communicate with the outside world or even
see a doctor, despite being in poor health, on the pretext that his
residence permit is not valid.
In response to the demands of the Patriarch Thich Huyen Quang who,
in numerous letters to the authorities, has requested the return of the
pagodas and other religious centres confiscated or unwillingly handed
over to the State when the regime changed, as well as freedom of worship
for the members of the Unified Buddhist Church of Viet Nam, Mr. Vu Quang,
Director of the Department of Religious Affairs is reported to have
adopted increasingly repressive measures, and Very Venerable Thich
Huyen Quang has been forbidden to use his title of Chairman of the
Institute for the Propagation of the Dharma of the Unified Buddhist
Church, to use the official seal of the Unified Buddhist Church or to
make contact with the outside world.
Venerable Thick Giac Duong is said to have been found hanging from
a tree on 18 March 1994 in the village of Dap Da, Binh Dinh province.
From the information received, the victim's facial expression and the
marks on his body indicated that he had died before he was hanged.
Venerable Thich Giac Duong was allegedly killed by the security police on
account of his active support for Venerable Thich Huyen Quang.
Four dignitaries of the Unified Buddhist Church, Thich Tn Tuu,
Hai Tang, Hai Chanh and Hai Thinh, who were sentenced to between three
and four years' imprisonment on 15 November 1993, are said to have been
transferred to the Nam Ha re-education camp (also called Ba Sao) in the
Phu Ly district of Nam Ha province, in the north of the country.
Venerable Thich Hai Tang is said to be suffering from severe migraines
and not to be receiving proper medical treatment. It is reported that
the appeal which the four priests lodged against their sentences under
article 207 of the Code of Criminal Procedure was rejected.
According to some accounts, despite the authorization which the
local office for religious affairs of Dong Ni province had given
Venerable Thich Nhat Ban in 1994 to restore a Buddhist statue, the local
police have threatened him and confiscated his equipment.
Although religious freedom is recognized by article 70 of the
1992 Constitution and article 1 of Council of Ministers Decree 69
of 1991, a new document, dated 4 December 1993, with reference
number 500 HD/TGCP, allegedly orders local authorities strictly to apply
the specific guidelines on religious policy contained in Order
No. 379/TTg of the Head of Government, published on 23 July 1993. This
document is alleged to place dangerous limits on freedom of expression by
stipulating that religious books may be printed and published only by
Government publishing houses and that printing on any other premises is
regarded as illegal. As for the training of monks, it is said to state
that ‘the main criterion for the choice of candidates is that they fulfil
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their civic duties properly', not the moral and religious criteria of
Churches. Furthermore, it is alleged clearly to threaten that ‘those who
misrepresent or distort the truth' will be severely punished.
According to the information received, this threat has already been
carried out among Christians (see the information concerning the
Christians) and might also apply to the claims of the Unified Buddhist
Church, said to be regarded as misrepresentation by the Government, and
which are allegedly receiving more and more support among the population.
The Special Rapporteur would also like to obtain information about
the cases of the following Buddhist monks mentioned in his communications
of 10 August 1992 and 3 October 1993: Thich Nguyen Giac, Thich Tn Sieu,
Thich Tue Sy, Thich Phuc Vien, Thich Tn Luc, Thich Nhat Thuong, Thich
Minh Su and Thich Tam Can.
The Special Rapporteur has received further information about the
Hoa Hao Buddhist Church, which would appear to confirm the allegations
transmitted to the Vietnamese Government in the communication dated
3 December 1993 (see E/CN.4/1994/79) .
In addition to this information about persecution of the Hoa Hao
Buddhist Church, including the confiscation of property and assets by the
Vietnamese authorities, the detention in re-education camps and close
surveillance of Church officials who are prevented from going about their
religious activities, the banning of religious ceremonies in temples and
meeting centres and the confiscation or destruction of religious books
and altars in places of worship, the Special Rapporteur would again like
to express his concern about the eminent persons and believers who have
reportedly been sentenced to death and regarding whom the Permanent
Mission of the Socialist Republic of Viet Nam has said in its letter of
31 December 1993 that it has received no confirmation.
These eminent persons and believers who are said to have been
sentenced to death are: Nguyen Van Phung, Nguyen De, Huyn Van Lau,
Nguyen Van Bao, Nguyen Van Khiet, Nguyen Van Oanh, Le Chon Tinh,
Nguyen Van Coi, Nguyen Van Ba, Nguyen Van Ut, To Ba Ho and
Nguyen Thanh Long.
The Special Rapporteur would similarly like information about the
following eminent persons who have been imprisoned (see E/cN.4/1994/79) :
Nguyen Van Dau, Nguyen Van Hung, Nguyen Van Tren, Nguyen Van Dung and
Tran Huu Duyen.
According to the information received, some eminent persons who had
acted as leaders have been arrested, detained without trial and tortured
to death. They include Mr. Luong Trong Tuong (head of the Holy Seat of
the Church), Mr. Truong Minh Ky (his deputy), Mr. Phan Ba Cam (dignitary,
writer and journalist, Chairman of the Human Rights and Citizens' Rights
Association of Viet Nam), and Mr. Le Van Thu (Chairman of the Regional
Committee for the Propagation of the Faith of Chau Doc province) .
E / CN. 4 /1995/91
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As far as the Cao Dai Church is concerned, the Special Rapporteur
has been informed that after the military occupation of the Holy Seat of
Tay Ninh, its senior dignitaries were expelled and replaced by imposters.
Moreover, certain senior dignitaries, whom the local administrative
authority consider to be refractory, are said to have been reduced to the
rank of mere believers. In particular, Archbishop Ho Tan Khoa, after a
travesty of a trial by the People's Court of Hue, is said to have been
relieved of his duties and reduced to the rank of a believer by the local
administrative authorities at the instigation of bogus senior dignitaries
of the Church.
Numerous senior dignitaries are reported to have been arrested and
imprisoned, some are said to have been tortured to death and others
sentenced to capital punishment by people's courts. They are alleged to
include:
- Archbishop Thuong Nhan Thanh, arbitrarily arrested and sent
to a re-education centre;
- Bishop Tran Quang Vinh, who reportedly died under mysterious
circumstances in prison. It is said that his mortal remains
have never been returned to his family who have not been told
where he is buried;
- Dignitaries and laymen of Quang Nam province including
Mr. Pham Ngoc Trang, Mr. Nguyen Thanh Diem and Mr. Dang Ngoc
Liem who are said to have been speedily sentenced to death by
a people's court;
- Mr. Huynh Thanh Khiet, Mr. Ho Huu Hia and Mr. Le Tai Thuong,
reportedly sentenced to death by a people's court sitting in
the actual precincts of the Holy Seat. The death sentences
are said to have been carried out immediately.
Moreover, as reported in the communication dated 3 December 1993,
addressed to the Government of Viet Nam (see E/CN.4/1994/79) , the
repression of the Cao Dai Church is said to have resulted, between 1975
and 1990, in the total seizure by the authorities of all its assets,
religious, cultural and social centres and schools.
With regard to Christians, the Special Rapporteur has been informed
that a Muong Christian layman from the north of Viet Nam was convicted of
calumny because he denounced the persecution of his community.
In addition, the Special Rapporteur would like to receive
information about the following cases involving Protestant clergy and
religious believers mentioned in the communication dated 10 August 1992,
addressed to the Government of Viet Nam (E/cN.4/1993/62, para. 68) :
Pastor Tran Xuan Tu Mr. Y. Thang
Pastor Phan Quang Thieu Twenty-four members of the Jeh tribe
Pastor Le Quang Trung Reverend Vo Xuan
Pastor Ai Nguyen Vo Van Lac.
Mr. Y. De
E/CN. 4/1995/91
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Information would also be appreciated about the cases of the clergy
and believers of the Roman Catholic Church referred to in the
above-mentioned communication of 10 August 1992:
Tran Ba Loc
Nguyen Khac Nghieu
Nguyen Thai Sanh
Stephen Chan Tin
Pius Vu Thanh Hai
Father Nguyen Van De
Sister Nguyen Thi Nhi
Sister Tran Thbi Tn.
Lastly, the Special Rapporteur hopes to obtain information about
the cases involving clergy of the Catholic and Protestant Churches
referred to in his communication dated 3 December 1993, addressed to the
Government of Viet Nam:
Catholic Church: Brother Tran Van Hien
Sister Tran Thi Tn
Brother Nguyen Van De
Brother Dominique Ngo Quang Tuyen
Ly Van Dinh
Vang Seo Sang
Sung Khai Pha
Protestant Church: Tai Ba Nguyen
Pastor R'Mah Loan
Pastor Pham Thu
Furthermore, the Special Rapporteur has been informed that all
religious activity is prohibited in the re-education camps.
In reply to the above allegation, the Government of Viet Nam
transmitted the following information to the Special Rapporteur on
22 November 1994:
‘Your attention is drawn to part (1) of my letter of 29 December
last year addressed to you in which I gave a full account of the
situation concerning religious life in Viet Nam: the politics of the
State, their implementation and practical realities. The situation
concerning each religious denomination as well as the case of the
no-longer-existing “Unified Buddhist Church of Viet Nam” and the
four persons convicted in November 1993 for their acts of deliberately
causing public disturbance and destroying public properties were clearly
explained in that letter. We have received information confirming that
these four persons are in normal health conditions.
I wish once again to reaffirm that in Viet Nam no person is
arrested, tried or detained for his or her religious affiliation or
activities. If anyone has been so, it was for his or her violation of
the law.
E / CN. 4 /1995/91
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Concerning specific “cases” you mentioned in your letter, while
continuing to seek relevant information from Vietnamese Government
agencies concerned that can be provided to you, I wish to bring to your
attention the fact that VO VAN AL, President of the so-called “Viet Nam
Committee on Human Rights” and his collaborators, for political ends
rather than genuine human rights concerns, have sought by all means to
distort the situation of human rights in Viet Nam, systematically making
numerous groundless allegations and transmitting them to the Centre for
Human Rights in the form of “communications” in abuse of the
1503 procedure. Answering these communications really constitutes an
unnecessary heavy administrative burden for the Government. Innumerable
visitors can see for themselves that in Viet Nam today, as a result of
the renovations process under way for eight years now, the citizens are
enjoying broader and broader democratic freedoms, including religious
freedom, and that in Southern Viet Nam today, life, including religious
life, is much more free and democratic than when it was under the rule of
the nostalgia. I hope that when examining the situation of religious
life in Viet Nam, you will keep in mind the explanations given above.'”
Yemen
In a communication dated 19 October 1994 the Special Rapporteur
transmitted the following observations to the Government of Yemen:
“The Special Rapporteur has been informed that the Missionary
Sisters of Charity and the Salesian Fathers have been harassed by
North Yemen soldiers since the signing of the armistice on 7 July 1994.
Shots were reportedly fired on the church run by the Salesians. Armed
persons also allegedly tried to steal vehicles belonging to the
Missionary Sisters of Charity and a priest.
There are reportedly 20 Missionary Sisters of Charity who have
opened centres in Aden, Al Hudaydah, San'a and Ta'izz to provide
assistance for the poor and sick people, as well as four Salesian priests
from the province of Bangalore who are helping the nuns and accompanying
migrant workers from India.”
Zimbabwe
In a communication dated 5 October 1994, the Special Rapporteur
transmitted the following observations to the Government of Zimbabwe:
“According to the information received, the Ministry of the
Interior of Zimbabwe has confirmed that restrictive measures are being
applied in connection with the granting of work permits to foreign
missionaries. It was reportedly stated, in particular, that:
‘The kind of missionary we are looking for is one who can
contribute to the development of the country. ‘ Requests for work
permits submitted by teachers, doctors, engineers and agronomy
experts have been favourably received. As regards missionaries
wishing to teach the Bible, ‘we think we have enough Zimbabweans
qualified to be ministers of religion and to teach the Bible'.”
E/CN. 4/1995/91
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Former Yugoslavia
Once again, no allegations were communicated to the authorities concerned
this year on account of the complexity of the situation and the extension of
the mandate of the Special Rapporteur on the human rights situation in the
territory of the former Yugoslavia. The Special Rapporteur has taken note
with interest of the sixth periodic report submitted by the Special Rapporteur
on the situation of human rights in the former Yugoslavia,
Mr. Tadeusz Mazowiecki (E/CN.4/1994/110), and of resolution 1994/72 of the
Commission on Human Rights of 9 March 1994.
III. VISIT BY THE SPECIAL RAPPORTEUR TO CHINA
A. Introduction
From 19 to 30 November 1994, the Special Rapporteur on Religious
Intolerance visited China, on the proposal and at the invitation of the
Government of the People's Republic of China, under the terms of his mandate
and in accordance with Commission on Human Rights resolution 1994/18 of
25 February 1994. During that visit, the Special Rapporteur met
representatives of the Government and of the non-governmental sectors. In
particular, he had discussions with the leaders of the five principal
religions represented in China (Buddhism, Taoism, Islam, Catholicism and
Protestantism) , worshippers and scholars and also with a recently released
Tibetan monk. He also visited places of worship and of religious
significance, as well as religious institutes. During the visit the
Rapporteur went to Beijing, Chengdu (Sichuan Province) , Lhasa (Tibet
Autonomous Region) and Shanghai.
The Special Rapporteur wishes to extend his sincere thanks to the Chinese
authorities for inviting him. He attaches symbolic importance to this
first visit to China of a Special Rapporteur of the Commission on Human
Rights. In this connection, he wishes to welcome the openness shown by the
Chinese Government and its efforts, its sustained interest and its desire to
cooperate. He is also very grateful to the various high-level individuals he
met during the preparation and in the course of this visit.
The visit, and the high quality of the discussions during both
consultations with government representatives and interviews with the various
religious groupings, provided a better understanding of the religious aspects
of the human rights situation in both its religious and political dimensions.
China is a very large and complex country, an analysis of which demands
sustained attention and special efforts. China has for some time been engaged
in a process of fundamental reforms in every field, including that of human
rights. Thus the visit resulted in a better understanding of Chinese
realities and at the same time the identification of certain fields of
progress and aspects where further development may be hoped for. In this
connection, the Special Rapporteur considers that exchanges of this kind
should be continued.
E / CN. 4 /1995/91
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General background
The People's Republic of China has an area of 9,596,961 square
kilometres; its population was estimated in 1992 at approximately
1,187,004,000, and the population growth rate for the period 1992-2000 has
been estimated at 1.2 per cent annually. It consists of 22 provinces,
S autonomous regions (Tibet, Xinjiang, Ningxia, Guangxi, Inner Mongolia) and
3 municipalities under direct central Government rule (Beijing, Shanghai,
Tianjin) . China is a multi-ethnic and multireligious State, but the majority
of its population is atheist.
There are five officially recognized religions - Buddhism, Taoism, Islam,
Catholicism and Protestantism. The oldest religions present in China are
Buddhism and Taoism. Islam, and subsequently Catholicism and Protestantism,
became established later and are now recognized as belonging to the group of
principal religions. Since the inception of the People's Republic of China
in 1949, these religions have developed in a special historical and political
context, major features of which were the cultural revolution of 1966-1976,
under which all religious activities were strictly forbidden, and their
gradual re-emergence at the end of the 1970s.
At the international level, China, which is a permanent member of the
United Nations Security Council, participated in the drafting of a number of
international human rights instruments which have an impact in the field of
freedom of religion. China is a party to several of them, and in particular
the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the Convention on the Rights of the
Child (which China ratified on 2 March 1992) .
In this context, the current situation in the sphere of freedom of
religion in China - in relation to legislation concerning tolerance and
non-discrimination based on religion or belief, the application of that
legislation and the policies currently in force - formed the subjects of
careful study during the visit by the Special Rapporteur.
B. Working methods and activities
During his stay in China the Special Rapporteur visited the cities of
Beijing, Chengdu (Sichuan Province), Lhasa and Shanghai.
In Beijing (21-23 and 30 November) , the Special Rapporteur met
representatives of the Government - the Assistant Minister for Foreign
Affairs; the Director-General for International Organizations and Conferences
in the Ministry of Foreign Affairs; the Deputy Director and officials of the
same Ministry; two Deputy Directors of the Prisons Administration Department
of the Ministry of Justice and the Head of the Foreign Affairs Department of
the same Ministry; the Deputy Director of the Ministry of Public Security and
Representatives of the Foreign Relations Department of the same Ministry. The
Special Rapporteur also had talks with representatives of the Office of
Religious Affairs of the State Affairs Council and with members of the
Religious Affairs Committee of the National Committee of the Political
Advisory Conference of the Chinese People (CCPPC) . During his meeting with
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the CCPPC, the Special Rapporteur had the benefit of the participation of
official representatives of the five principal religions, including the
Vice-President of the CCPPC, the President of the Three-Self Patriotic
Movement Committee of the Protestant Churches, the President of the Patriotic
Catholic Association, the President of the Islamic Association, the
Vice-President of the Buddhist Association and the Vice-President of the
Taoist Association. The Special Rapporteur also held consultations with the
Director-General of the Chinese Centre for Tibetan Studies and with officials
and researchers in the Institute of World Religions of the Academy of Social
Sciences. Finally, the Special Rapporteur met the President of the Board of
Beijing Young Men's Christian Association (YMCA) and the Vice-President of the
Beijing Christian Council. He also visited the Mosque in Niujie, the Nantang
Catholic Church and the Lama Temple.
In Chengdu (24 and 27 November) , the Special Rapporteur met the Director
of the Sichuan External Affairs Office and the Deputy Director of the Sichuan
Religious Affairs Office. He also took part in visits to the Sichuan
Protestant Seminary, the Zhongmi Buddhist Institute, the Buddhist temple at
Manjusri and the Qigyang Taoist Temple. For technical reasons he was unable
to take part in a visit to a Protestant meeting-place in a rural area.
In Lhasa (25-26 November) , the Special Rapporteur met the Vice-President
of the Tibet Autonomous Region, the Chairman and Vice-Chairman of the
Religious and Ethnic Affairs Commission of the Government of the Tibet
Autonomous Region, the Deputy Director of the External Affairs Office and the
Deputy Secretary-General of the Association for Friendship With Other
Countries. He also had talks with the President of the Tibetan Buddhist
Association and the Chairman of the Democratic Management Committee of Drepung
Monastery and the Vice-Chairman of the Democratic Management Committee of the
Jokhang Temple. The Special Rapporteur was also able to have a meeting with
Mr. Julo Dawa Tsering, a Tibetan monk, who was imprisoned on 15 December 1987
and released on 6 November 1994. Finally, he visited the Potala Palace, the
Jokhang Temple and the Drepung Monastery. For technical reasons he was unable
to visit Sera and Gandan Monasteries.
In Shanghai (28-29 November) , the Special Rapporteur met the Director of
the External Affairs Office. He was able to visit the Huxi mosque, the Muen
Protestant church, the Jade Buddha Temple, the Catholic church and the convent
in Xujiahi and the seminary in Sheshan. During these visits the Rapporteur
held consultations with, inter alia , the imam of the mosque, the
Vice-President of the Association of Chinese Protestants, the Master of the
Jade Buddha Temple and the Bishop of Shanghai. Lastly, the Special Rapporteur
had talks with the Vice-President of the Three-Self Patriotic Movement of
Chinese Christians and the Secretary-General of the YMCA of China.
The arrangements for the visit to China had been discussed with Chinese
representatives in Geneva, at the Centre for Human Rights, and in Tunis. The
final version of the detailed programme of visits was drawn up in China in
cooperation with the Chinese authorities. The Special Rapporteur was also
assisted by the United Nations Development Programme (UNDP) in Beijing
throughout his visit.
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During his visits, the Special Rapporteur recalled and explained the
mandate assigned to him by the United Nations Commission on Human Rights,
namely to ensure the implementation of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief.
To that end, he outlined the 1981 Declaration and its operative provisions
(recognition of freedom of belief and the right to manifest that belief;
definition of the concept of tolerance and non-discrimination in relation to
religion or belief; definition of the precise content of freedom of religion;
the limitations provided for; and strict conditions of implementation) .
The Special Rapporteur laid stress on the principles of independence and
objectivity governing the execution of his mandate and his visit to China and
recalled the relevant paragraphs of the conclusions and recommendations
contained in his report to the fiftieth session of the Commission on Human
Rights (E/CN.4/1994/18, paras. 94-97) . Explaining the purpose of his visit,
the Rapporteur stated that he was seeking to arrive at a better knowledge,
understanding and analysis of China and a constructive dialogue with all the
parties, with a view to promoting human rights in the field of freedom of
religion and strengthening and developing cooperation between China and the
Special Rapporteur in a spirit of respect and mutual assistance.
Leaving aside all accusations and judgements, and taking fully into
account the complex realities of China, the Special Rapporteur conducted
exchanges of views, collected information and sought clarifications through
talks in which both general and specific allegations and questions were
presented. In particular, he referred to two aspects - firstly, legislation
and its implementation and China's policy on tolerance and non-discrimination
in relation to religion or belief; and secondly, specific cases concerning
which allegations had been made. With regard to the first aspect, the Special
Rapporteur examined with the other parties to the discussions, the
desirability of certain concrete proposals and recommendations. Regarding the
second aspect, he called for the release of the worshippers and clergy who
were the subject of the allegation transmitted to the Government of China
on 25 November 1993 and of new allegations communicated during his visit (see
appendix 1) .
C. Legislation in the field of tolerance and non-discrimination
in relation to religion or belief
1. Legislation currently in force
Article 36 of the Chinese Constitution reads as follows:
“Citizens of the People's Republic of China enjoy freedom of
religious belief. No State organ, public organization or individual may
compel citizens to believe in, or not to believe in, any religion; nor
may they discriminate against citizens who believe in, or do not believe
in, any religion. The State protects normal religious activities. No
one may make use of religion to engage in activities that disrupt public
order, impair the health of citizens or interfere with the educational
system of the State.
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Religious bodies and religious affairs are not subject to any
foreign domination.”
The Autonomous Regions of National Minorities Act (arts. 11 and 53) , the
Penal Code (arts. 147 and 165) , the Civil Code (art. 77) , the Military Service
Code (art. 3), the Electoral Code (art. 3), the Compulsory Education Act
(art. 16) and the Organization of Rural Committees Act provide for the
protection of freedom of worship and equality of rights for religious
citizens. In particular, article 147 of the Penal Code provides that:
“State officials who violate the freedom of worship of citizens or
the customs of national minorities are punishable in serious cases by
imprisonment for not more than two years or by a short term of
imprisonment. Any person who forcibly prevents legal religious
activities, compels believers to abandon their religion, compels a
citizen to practise any form of worship, illegally closes or demolishes
legal places of worship or other religious premises is violating
democratic rights and individual freedom and failing in his duty and is
punishable by law.”
On 31 January 1994 two new regulations governing religious activities
came into force. The first (entitled “Provisions governing the religious
activities of foreign nationals within the frontiers of the People's Republic
of China”) was promulgated by Council of State Decree No. 144. Article 1 of
this regulation states that its purpose is to “protect the freedom of religion
of foreign nationals in China”. Articles 3 and 4 provide that foreign
nationals may engage in religious activities provided that the latter take
place in religious venues or places recognized as such by the Office of
Religious Affairs. The regulation also guarantees to foreign nationals the
right to bring with them religious publications not exceeding in quantity
“what they require for their personal use” and prohibits “entry of any
document of a religious character” the contents of which prejudice the
interests of the public in Chinese society (art. 6) . Foreign nationals must
respect Chinese laws and regulations and “are not permitted to establish
religious organizations, liaison offices, venues for religious activities or
non-religious schools and institutes within China; they are not allowed to
recruit believers among the Chinese citizens, appoint clergy or undertake
other evangelist activities” (art. 8) . Article 9 states that any foreign
national engaging in activities of these kinds is liable to penalties in
accordance with Chinese law.
The second regulation (entitled “Regulation concerning the functioning of
places of worship”) was promulgated by Council of State Decree No. 145. Its
purpose is to protect “normal religious activities” (see art. 36 of the
Constitution) . It guarantees the right of religious organizations to receive
subsidies or gifts, to sell objects of a religious nature and to administer
their assets and income themselves (arts. 6, 7 and 8) . Article 3 states that
their “legal rights, and the normal religious activities ... will be under the
protection of the law, and no organization or person will be permitted to
transgress or interfere” . Article 2 states that all “places devoted to
religious activities” (temples, monasteries, mosques, churches or other places
in which religious activities take place) must be declared to the authorities
in accordance with rules established by the government Office of Religious
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Affairs. Article 4 prohibits all activities “which harm national unity,
ethnic unity or the social order, harm citizens' health or destroy the
national educational system”. It also prohibits organizations or individuals
established outside China from exercising any control over religious groups in
China. Article 15 provides that violators of these provisions are liable to
penal sanctions.
On 12 May 1994 the National People's Congress added 18 new articles to
the January 1987 Regulations Governing Public Order Of fences. Three of the
new articles - those relating to “carrying out activities under the name of a
social organization without registration”, “organizing activities of
superstitious sects and secret societies to disrupt public order” and
“disturbing public order and damaging people's health through religious
activities” - affect religious congregations.
2. Concerns of the Special Rapporteur
During his visit, the Special Rapporteur paid particular attention to the
points analysed in the subsections which follow.
(a) The right to freedom of belief
(i) Young people under age 18
The Special Rapporteur asked what were the reasons for the
non-recognition of the right to religious education and belief for young
people under age 18 (which is contrary to the 1981 Declaration and article 14
of the Convention on the Rights of the Child) . The authorities stated that
there were no provisions on the subject and that, under the Constitution, all
citizens enjoyed freedom of belief; that provision excluded any restriction.
It was pointed out that, in practice, it was necessary to be over 18 years of
age to become a monk. Non-governmental representatives stated that there were
no provisions either establishing or prohibiting the right of persons under
age 18 to freedom of belief. It was indicated that that right was a private
matter for individuals and that the law encouraged the definition of
responsibilities vis-&-vis society and not vis-&-vis religions. It was also
stated that religious education could not be imparted to young persons under
age 18 in public institutions.
(ii ) Members of the Chinese Communist Party
The Special Rapporteur asked whether freedom of religious belief was not
permitted for members of the Chinese Communist Party. The authorities stated
that the Constitution and the laws provided for freedom of belief for all
citizens, whereas the doctrine of the Communist Party was atheistic. It was
stated that the prohibition existed in theory but that freedom of religious
belief was acceptable among party members from ethnic minorities.
(b) The right to freedom to manifest one's religion
Article 36 of the Constitution provides for the right to freedom
of religious belief but not the right to manifest one's religion as provided
for in the first paragraph of article 1 of the 1981 Declaration. The
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Special Rapporteur asked the Chinese authorities whether they were considering
the possibility of an amendment to article 36 of the Constitution in order to
guarantee respect of the freedom to manifest one's religion. The authorities
stated that the Constitution was the basic law, laying down an extremely
comprehensive set of principles, whereas the details were regulated by laws,
codes and decrees. The authorities went on to state that the right to freedom
to manifest one's religion existed in practice. Non-governmental
representatives stated that citizens were free to believe or not to believe
and that it was therefore preferable not to have constitutional provisions
relating to freedom to manifest one's religion. Representatives of the
religious groups added that in China the concept of “mutual respect” was
preferred to that of “freedom to manifest one's religion”.
(c) The practice of religion
(i) Proselytism
The Special Rapporteur sought to learn more concerning the conditions
under which proselytizing activities were carried on by Chinese and by
foreigners. The authorities stated that the right to freedom of belief and to
manifest one's belief had to be exercised within the framework of the
Constitution and the laws, and in particular the right to carry on normal
religious activities in places of worship. It was also pointed out, firstly,
that meetings in public places required the prior authorization of the public
security authorities in accordance with the Demonstrations Act, and secondly,
that the public security authorities treated demonstrations of a religious
character on an equal footing with demonstrations of other kinds.
As regards proselytizing activities carried on by non-Chinese, the
authorities referred to the new Decree No. 144. It was pointed out that any
unauthorized assembly of a large number of persons constituted a breach of the
law, as did any assembly directed by foreigners, as such an assembly would be
incompatible with the status of tourists and the decrees and regulations
concerning entry to and exit from Chinese territory. Non-governmental
representatives also indicated that foreigners had had occasion to conduct
religious activities in China, particularly within churches.
(ii) The concept of normal and abnormal religious activities
The Special Rapporteur sought information on the criteria defining the
concepts of normal and abnormal religious activities. The authorities replied
that normal religious activities were provided for, prescribed and protected
by the Constitution and by laws and regulations (including Decrees Nos. 144
and 145) and that religious activities which failed to comply with those
instruments were considered abnormal. The representatives of the Ministry of
Public Security stated that the practice of a religion at home, and the
classification of it, had not always been treated uniformly.
(iii) Registration for the practice of a religion
The Special Rapporteur asked whether believers were required to register
in order actually to practise their religion. The authorities stated that
registration concerned religious associations and places of worship, but not
individual believers or meetings within families.
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(d) Places of worship
(i) The concept of the “fixed place”
Article 2 of Decree No. 145 specifies what places are places of worship
but does not define the concept of a “fixed place”. The Special Rapporteur
asked for more detailed information on this concept and, in particular, asked
whether a home could be considered to be a place of worship. The authorities
stated a religion could be practised in the workplace or at home and that,
where the construction of a place of worship was impossible, a home could be a
place of regular practice under a temporary registration. It was also
explained that cases of this kind were few inasmuch as places of worship were
being constructed rapidly. It was also explained that such cases occurred
mainly within the Protestant religion, which had meeting-places which could be
registered if it was established that they complied with the provisions of the
decrees in force. Non-governmental representatives stated that prayers were
forbidden during work because they infringed the rights of non-believers.
(ii) Criteria for registration and appeals
The Special Rapporteur asked what were the criteria for registration of
places of worship. The authorities gave the following criteria: official
name; a fixed place; a certain number of worshippers; sufficiently qualified
clergy; income or receipts in accordance with the law; and regulations. Once
all those criteria were met, a request for registration could be submitted to
the Government. Regarding the criterion of the number of worshippers, the
authorities stated that there were no precise limits and that the number of
worshippers could exceed 20 or 30. As for the criterion of qualification of
the clergy, the authorities stated that clergy must have a minimum standard of
religious knowledge.
The authorities stated that, in the event of refusal of registration,
appeals could be addressed to a higher administrative body or to a court of
law if the application for registration was rejected notwithstanding the fact
that all the requisite conditions were met.
(e) Gifts and voluntary work
The authorities stated that gifts and voluntary work were possible so
long as they were not compulsory in any way. It was also stated that
voluntary gifts from foreigners were authorized (examples were quoted of gifts
from the United Arab Emirates and the Development Bank); that certain
conditions had to be met; and that the rules concerning gifts from foreigners
were the same for every religion.
(f) The Penal Code, the new Act and the draft bill
(i) Penal Code
Several of the persons met stressed the importance of article 147 of the
Penal Code (which provides for penalties in respect of all infringements of
freedom of religion by State officials) , since in their view the principal
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difficulties currently being experienced with regard to freedom of religion
derived from infringements committed by officials.
(ii) Act concerning compensation for persons detained and acquitted
The Special Rapporteur asked for more detailed information on this Act,
the entry into force of which was scheduled for 1 January 1995. He obtained a
copy of the Act in Chinese and is waiting for a French translation. The
Ministry of Justice indicated that the question of compensation lay within the
competence of the people's courts. A member of the Institute of World
Religions stated that the Act was a major step forward inasmuch as it
constituted a development of the rights of the individual and his defence,
particularly with regard to officials who would have to accept their
responsibilities and pay compensation following violations committed against
persons who were subsequently acquitted. It was added that only the principle
of compensation had been accepted and that its implementation would be
difficult; in particular, it presupposed the acceptance of the new concept by
the public.
(iii) General bill on freedom of religion
The Special Rapporteur asked the authorities about the desirability of a
general act concerning freedom to practise a religion. The authorities stated
that they had no plans for draft legislation of that kind. Non-governmental
representatives considered that legislation of that kind was necessary but
that some time would be needed to obtain the required experience, and that the
recent decrees were transitional measures forming part of a general process of
improvement of the situation.
D. Implementation of legislation and policy on tolerance and
non-discrimination based on religion or belief
1. Summary of information
According to the information transmitted by the Chinese authorities with
regard to the Chinese Government's policy on freedom of religious belief, “the
Chinese Government always respects and protects the citizens' free choice of
religious belief, adopting a policy of religious freedom guaranteed by law”.
Chinese citizens are free to believe in religion or not, and to choose to
believe in any kind of religion. Within a religion, they are free to believe
in any sect. Non-believers may become believers, and believers may at any
time change their beliefs. Politically and legally, religious adherents and
non-believers are equal and have the same rights and obligations.
“The State follows the principle of separation of religion from politics
and education.” Religious groups operate under the guiding principles of
independence, autonomy and self-management, without State or foreign
interference. “Governments at various levels carry out its policy by helping
religious circles reopen their monasteries, temples and churches and other
sites for normal religious activities. The Government supports and encourages
religious believers to take an active part in the country's socialist
construction and the building of a socialist spiritual and material
civilization.”
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With regard to the enforcement and monitoring of policy on freedom of
religious belief, the Chinese Government includes a Department of Religious
Affairs which is responsible for enforcement of the law and policy on freedom
of religious belief, not for meddling in the religious activities of
individual religious groups. “In case of any infringement of the policy on
freedom of religious belief, the Government will promptly correct the mistakes
and handle the incident properly. The People's Congress and the People's
Political Consultative Conference at all levels supervise the implementation
of the policy on freedom of religious belief by democratic means.”
According to information transmitted to the Special Rapporteur prior to
his visit, the five religions officially recognized in China have been
amalgamated into a patriotic association, which is answerable for its
activities to the Government's Office of Religious Affairs. Eight religious
organizations are said to have official authorization in the whole of China:
the China Buddhist Association, the China Taoist Association, the China
Islamic Association, the Chinese Patriotic Catholic Association, the National
Administration Commission of the Chinese Catholic Church, the Chinese Catholic
Bishops' College, the Three-Self Patriotic Movement Committee of the
Protestant Churches of China and the Christian Council.
It appears that the Chinese authorities are trying to restrict and
repress all religious activities outside the existing structures mentioned
above and are at the same time reducing authorized religious activities across
the whole of China (see the allegation of 25 November 1993, E/CN.4/1994/79) .
The Tibet Autonomous Region continues to encounter grave difficulties as far
as religious tolerance is concerned (E/cN.4/1994/79 idem ) . The Chinese
Communist Party is reported to have issued two documents on religion:
Document No. 6 of 6 February 1991 and Document No. 19 of March 1982.
“Document No. 6 would call for registration of all religious meetings and for
tighter control of religious affairs. It would state that ‘Communist Party
members are allowed neither to believe in religion' nor participate in
religious activities ‘and would contain a prohibition on the activities of
“Self-styled preachers”'; ‘Document No. 19 would state that religious work is
an important part of the Party's mass and of our Party's United Front Work.
Therefore, our Party committees at all levels must powerfully direct and
organize all departments, including the United Front departments, the
Religious Affairs Bureaux ... and all other people's organizations to unify
their thinking, understanding and policies'. It would also state that the
only religious professionals permitted to perform religious duties are those
who, after examination, are judged ‘politically reliable' .“
2. Concerns of the Special Rapporteur
(a) Situation of the religious communities: statistical data
During his visit, the Special Rapporteur attempted to collect statistical
data on the five main religious communities in China. The tables below
reproduce the information obtained from the Office of Religious Affairs and
the Chinese People's Political Consultative Conference (CPPCC) . They
indicated that the data were sometimes approximate, or even non-existent (as
in the case of the Taoist population) , because of difficulties in establishing
statistics. The Ministry for Public Security told the Special Rapporteur that
E/CN. 4/1995/91
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no mention was made of citizens' religion either in the registers of
inhabitants or in the files on arrested and detained persons.
With reference to the Chinese Government's reply of 22 December 1993
(E/cN.4/1994/79), differences are to be noted between the statistical data
transmitted last year and this as far as the Christian religion, particularly
Protestantism, is concerned.
December 1993
November 1994
Catholicism
Protestantism
3.5 million
4.5 million
4 million
6.5 million
This development, which was confirmed by numerous persons interviewed during
the visit, seems to reflect a religious revival, as illustrated by the growth
of the Christian communities. According to various non-governmental sources,
the figures for the Catholic and Protestant communities are much higher
(in millions) , but cannot be reflected in the tables below because of the
difficulty of taking into account all the believers affiliated to unofficial
religious organizations.
Buddhists
Statistical data on
Buddhists in China
(Chinese-language-
family Buddhism,
Tibetan- language - family
Buddhism, Pali-language-
family Buddhism or
Lamaism)
Information provided by
the Office of Religious
Affairs
Information provided
by the Chinese People's
Political Consultative
Conference (CPPCC)
Number of believers
Number of members of
religious orders
Number of places of
worship
Number of theological
institutes
National Buddhist
association
National association
publication
170 000
9 500 monasteries
14
China Buddhist
Association (1953)
“Voice of the Dharma”
100 million (approx.)
170 to 180 000
10 000 temples,
monasteries
20 institutes and
2 000 seminarists
“Voice of the Dharma”
E / CN. 4 /1995/91
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Statistical data on
Chinese-language-family
Buddhism
Information provided by
the Office of Religious
Affairs
Information provided by
the CPPCC
Number of members of
religious orders
Number of monasteries
40 000+ monks and nuns
5 000+
Statistical data on
Tibetan-language-family
Buddhism
Information provided by
the Office of Religious
Affairs
Information provided by
the CPPCC
Population
Number of members of
religious orders
Number of places of
worship
7 million: Tibetans,
Mongols, Tu, Yugur,
Naxi, Pumi, Moinba
120 000 lamas and nuns
3 000
120 000
3 000
Statistical data on
Pali-language-family
Buddhism
Information provided by
the Office of Religious
Affairs
Information provided by
the CPPCC
Population
Number of members of
religious orders
Number of places of
worship
1.5 million: Dai,
Blang, Deang, Va, Achang
8 000 monks and nuns
1 000 monasteries
E/CN. 4/1995/91
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Statistical data
on
the
Information
provided
by
Information
provided by
Catholic
community
in
the
Office
of Religious
the
CPPCC
China
Affairs
Number of Catholics 4 million (approx.) 1582 (introduction of
Catholicism to China)
1949: 2.7 million
1994: 4 million
Number of clergy 2 700 Bishops: 70 (1852-
1949: 109 foreign
bishops, 20 Chinese
bishops)
Priests: 1 000
Nuns: 2 000
Seminarists: 1 200
Novices: 1 600
Number of churches or 4 000 4 000
chapels
Number of parishes 1852-1949: 137
1994: 113
Number of convents 12 (approx. ) 40
Number of seminaries 11 24
Number of persons 60
educated abroad
Number of baptisms 6 000 per year
(approx.)
Number of national Chinese Patriotic
Catholic associations Catholic Association
(1957) ; Bishops'
Conference of the
Catholic Church in China
Newspaper “Catholic Church in
China”
Links with foreign 90 countries
dioceses
Catholics
Protestants
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Statistical data on the
Protestant community in
China
Information provided by
the Office of Religious
Affairs
Information provided by
the CPPCC
Number of Protestants
1949: 700 000
1994: 6.5 million
1949: 700 000
1994: 7 million
Number of religious
workers
18 000 clergymen and
missionaries
1 000 seminarists
Number of churches
8 000
8 000
Number of meeting places
20 000
20 000
Number of seminaries
13
13
Number of bibles printed
Early 1980s:
10 million
Since 1994: 2 200 000
Newspaper
“Tian Feng” (Heavenly
Wind)
“Heaven”
Number of national
Protestant associations
National Committee of
the Three-Self Patriotic
Movement of the
Protestant Church in
China (1954)
China Christian Council
(1980)
Taoists
Statistical data on
the Taoist community
(2 main sects Quanzhen
Taoism and Zhengyi
Taoism)
Information provided by
the Office of Religious
Affairs
Information provided by
the CPPCC
Number of priests and
nuns living in temples
6 000
10 000
Number of Taoists not
living in temples
30 to 40 000
Number of temples open
to the public
600
1 000
Associations
China Taoist Association
(national) (1957)
80 local organizations
Newspaper
China Taoism
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Muslims
Number of imams
Number of mosques
Number of theological
institutes
Number of Muslim
associations
Number of pilgrims going
to Mecca
17 million: Hui,
Uighur, Kazak, Uzbek,
Kirgiz, Tajik, Tatar,
Dongxiang, Baoian, Salar
National Association of
Muslims in China,
founded 1953
18 million including
8.6 million Uighur
7.2 million Hui
North-West China,
particularly in the
provinces or autonomous
regions of Xinjiang,
Gansu, Ningxia,
Qinghai, Yunnan, 1-lenan,
Hebei. Few Muslims in
the Chinese interior
30 000
28 000
9 including the Chinese
National Institute of
Islamic Theology in
Beijing
400 in districts,
municipalities,
provinces and
autonomous regions
National Association of
Muslims in China (1953)
1949-1994: 20 000
Growing number: now
5 000 to 6 000 per year
(approx.)
“Muslims in China”
(b) Special questions
(i) Religious workers
a. Number
The Office of Religious Affairs and the religious representatives
emphasized the shortage of religious workers which was due in particular to
the effects of the Cultural Revolution.
In the case of Tibet, the Commission on Ethnic and Religious Affairs
(CERA) stated that in one sense a limit on the number of monks was necessary
Statistical data
on
the
Information
provided
by
Information
provided by
Muslim
community
in
the
Office
of Religious
the
CPPCC
China
Affairs
Number of Muslims
Geographical
distribution
40 000+
26 000
9
Major periodical
“Muslims in China”
E / CN. 4 /1995/91
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in order to take account of the economic capacity of monasteries, some of
which, overwhelmed by the number of lamas, had decided to turn away new
arrivals. The head of the Drepung monastery said that the monastery had 550
lamas and that an increase in their number would lead to financial
difficulties, threatening the monastery's financial independence and the
provision of high quality teaching. The Director-General of the Chinese
Centre of Tibetan Studies in Beijing explained that it was important to have
good quality lamas rather than a high number of lamas, which led to social
stagnation and slowed down economic development. The CERA also informed the
Special Rapporteur that persons under the age of 18 were able to become monks
providing they did so voluntarily and had their parents' consent.
b. Freedom of movement of religious workers
The Special Rapporteur received details from the authorities and the
religious associations of numerous and varied inter-denominational exchanges
with foreign countries. The CERA stated that religious workers were free to
travel without authorization, although unofficial sources qualified this by
explaining that very often there was no special reason for the journeys or
sometimes formalities had to be completed.
c. Financial resources
The religious representatives stated that their salaries came from
believers donations and not from State subsidies. In the case of Tibet, the
CERA told the Special Rapporteur that the regional Government was about to
give grants in the form of salaries to monks in large monasteries.
(ii) Places of worship
a. Number of places of worship
According to the information transmitted to the Special Rapporteur from
official and other sources, there are insufficient places of worship for the
number of believers.
b. Worship in the home
The Special Rapporteur was told that worship in the home was accepted,
particularly in the case of Protestants who had meeting places in houses in
suburban and rural areas. These meeting places are in fact attached to the
churches and are mentioned during the registration procedure. According to
religious representatives, the practice of using the home for worship is
however irregular if there is already a place of worship such as a church
nearby. Non-governmental sources report a growth in the use of homes as
places of worship because of the development of unofficial Christian religious
organizations, including sects.
c. Registration
According to the authorities, since the new decrees came into force,
hundreds of thousands of places of worship have been registered. However,
they were unable to provide any precise information.
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d. Construction
The authorities stated that, because of the policy of separation of the
State from religion, the construction of places of worship depended on the
religious organizations and their financial capacity. However, the Government
could contribute financially to the major places of worship. Furthermore,
voluntary donations were permitted. It was not possible to obtain more
precise information on the scale of construction of places of worship or the
exact amount of money earmarked for this.
e. Restoration
According to the authorities, the State can give financial assistance for
the restoration of places of worship and other religious places. In Tibet,
the authorities claimed to have spent 40 million Yuan on the restoration of
the Potala. In addition, 1,400 places of worship are said to have been
restored and re-opened. The Institute of World Religions states that public
fund-raising is also possible. There is no full and detailed information on
the restoration of places of worship or places of a religious character in
general.
f. Restitution
The majority of the religious associations (Christian, Muslim and Taoist)
are said to encounter difficulties in reclaiming places of worship and
property confiscated during the Cultural Revolution. The Chinese People's
Political Consultative Committee stated that it sent out delegations on this
matter every year to be able to submit the problem to the central authorities.
The authorities would assist with the restitution of these places of worship
but the procedure underway would take some time. Once again, specific data
and figures are not available.
g. Access to places of worship
The Special Rapporteur was informed that entrance fees were charged at
places of worship only for tourists and only at large or medium-sized places
of worship. Moreover, the State did not deduct any tax. It was also
confirmed that in Tibet, religious workers who had served sentences for
“counter-revolutionary crimes” could not return to their places of worship.
h. Security
With regard to Tibet, when the Special Rapporteur asked about the
presence of security posts in monasteries, the CERA replied that all monastery
staff were members of religious orders, some of whom, in the large and
medium-sized monasteries, were employed as guards by the Democratic Management
Council. Police stations were to be found within the environs of monasteries
and they could request the assistance of the security forces at large-scale
events in order to ensure that traffic flowed smoothly and those entering the
monastery did so in an orderly fashion.
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i. Administration and regulation of places of worship
The CERA stated that, in Tibet, the monasteries' statutes were laid down
by the Democratic Management Council, which was an autonomous organization.
Members of religious orders also reported that monasteries had to be
financially independent and commercial activities were encouraged. During the
Special Rapporteur's visit to China, members of religious orders also told him
of their intention to set up companies and firms, that is to turn to economic
activity in order to finance places of worship and other properties.
(iii) Religious objects
a. Restitution
With regard to Tibet, the CERA stated that 350 tonnes of statues of
Buddha had been restored and returned to temples. The Special Rapporteur was
given photographic evidence showing that a large number of statues and
religious objects had been damaged or destroyed, though no dates or locations
were mentioned.
b. Theft
In response to the Special Rapporteur's question on the theft of
religious objects in Tibet and on suitable ways of preserving them, such as
having an inventory drawn up by UNESCO, the CERA stated that a law on antiques
had been promulgated, as well as relevant regulations in Tibet, and there was
a Council for the Protection of Precious Religious Objects. Protection of
religious objects was the responsibility of the Office of Religious Affairs
and the Office of Antiquities. The Special Rapporteur was also informed that
an inventory was in progress, but any action undertaken by the international
community through UNESCO, for example, would be most welcome.
c. Photographs of the Dalai Lama
The Special Rapporteur was not able to verify claims that the sale of
photographs of the Dalai Lama was banned in Tibet. He saw photographs of the
Dalai Lama during visits to places of worship, but was informed by unofficial
sources that restrictions did exist.
d. Religious writings and publications
According to the information obtained by the Special Rapporteur,
religious associations do not encounter any restrictions on the writing and
distribution of religious works.
(iv) Practice of religion
The Office of Religious Affairs reported that the majority of those
practising the five religions were elderly people, women, illiterates and
country people. According to the Special Rapporteur's information, religious
practice is growing, particularly amongst young Christians. The authorities
stated that the under-l Bs were allowed to practice religion freely. As far as
religious ceremonies and traditions are concerned no restrictions were noted
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in the information gathered by the Special Rapporteur, other than in the case
of a few specific sects such as the Protestant “shouters” sect. It is not
permissible to compel Muslims to do voluntary work and give alms and the call
to prayer must take place within the mosque. As far as Catholics are
concerned, mass is increasingly being celebrated in Chinese rather than in
Latin, or even in English for foreigners.
With regard to pilgrimages to Tibet, the CERA stated that exiled Tibetans
did not face any special obstacles and that there was a body specifically
responsible for taking charge of them.
Several persons with whom the Special Rapporteur spoke expressed
reservations about proselytizing by the Christian sects, for they considered
it to be irregular and likely to be in breach of the law, firstly because it
spread rumours which caused disorder (such as the announcement of the
apocalypse) and secondly, because it was not in accordance with Christianity.
However, it was emphasized that the solution lay not in arrests (unless the
law had been broken) but in properly educating and training clergy to meet the
needs of believers.
(v) Religious education
a. Number of teachers
The Special Rapporteur was informed that there were insufficient teachers
to train members of religious orders. This was due to the consequences of the
Cultural Revolution. Catholic representatives said that seminarists were
being sent abroad to solve the problem. Protestant representatives felt that
it was necessary to expand the training of lay preachers.
b. Training for religious orders
The Special Rapporteur was informed that theology constituted the main
element of training for religious orders and that part of the curriculum was
devoted to international affairs and legislation. The theology classes were
taught by members of religious orders, whilst tuition in the other subjects
was provided by non-believers. In the case of Tibet, unofficial sources
reported that religious trainees had insufficient time to study theology since
they were overwhelmingly concerned with administrative problems, largely to do
with the necessity of ensuring that monasteries are self financing. The CERA
considered on the contrary that pressure of time did not affect the study of
theology. The Director-General of the Chinese Centre for Tibetan Studies said
that monks receiving training were a problem since some of them were
illiterate, having been sent to the monasteries at birth in order to ensure
their survival. A survey of monks at the Sera Monastery had apparently shown
that 78 of them were in fact illiterate and were therefore incapable of
acquiring the necessary theological knowledge.
c. Religious education for the under-18s in schools and places
of worship
The authorities and religious representatives believed that religious
education could not be introduced in schools because of the policy of
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separation of religion from education and because it was necessary to take
into account the majority of the population who were non-believers. With
regard to religious education for under-l Bs in places of worship, the practice
appears to vary. Protestant associations stated that they were able to teach
religion to under-lBs in their churches, but this does not seem to be the case
for other religious associations.
(vi) Arrest and detention of believers and religious workers
a. Allegations
During his visit to China, the Special Rapporteur handed the Chinese
authorities a list of allegations concerning believers and members of
religious orders detained in Beijing, Shanghai, the provinces of Anhui,
Fujian, Heibei and Henan and the Tibet Autonomous Region (see appendix I).
These cases mainly involved believers and members of unofficial Christian
religious organizations, some of which were sects, as well as Tibetan monks.
b. The authorities' reply
The Chinese authorities gave the Special Rapporteur their reply, firstly,
to the second part of the allegation transmitted on 25 November 1993 (see
appendix I ) , and secondly concerning 15 of the cases in the above-mentioned
allegation presented during the Special Rapporteur's visit (see appendix 2) .
The results of investigations into the remaining cases were not yet available.
In these replies and in talks with the Special Rapporteur, the Chinese
authorities said that there were no religious prisoners in China, and
specified that infringement of the law, not religion, constituted the grounds
for every conviction. The authorities stated particularly categorically that
the arrests of monks and believers in the Tibet Autonomous Region were linked
not to their religion, but to acts carried out in support of Tibetan
independence such as riots which breached the peace and caused material
damage.
c. Practice of religion and places of worship in detention
centres and prisons
The Ministry of Justice stated that religious activities did not take
place in prison and that detainees were allowed religious reading matter, on
condition that it was compatible with their re-education. The Ministry of
Public Security stated that prisoners were able to practise their religion in
their cells or in designated places, but that in general, detention centres
did not have places of worship because of the small number of practising
believers.
(vii) Release of prisoners and situation of released persons
a. Release of prisoners
In a press release of 16 November 1994 (HR/94/57) , the Special Rapporteur
noted with satisfaction the release of two Tibetan monks: Yulo Dawa Tsering
and Thupten Namdrol. During his visit, he requested firstly the release of
the detainees listed in the allegation of 25 November 1993 and in that
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transmitted directly to the Chinese authorities, as well as confirmation that
others had been released (see appendix 1) , and secondly to meet Mr. Yulo Dawa
Tsering. The authorities stated that all prisoners were sentenced in
accordance with the law and that, consequently, they could be released only
within the terms of the law. It was also made clear that the two Tibetans had
been released because of good behaviour and in one case constituted release
against security and in the other a reduction of sentence. As far as
amnesties or pardons were concerned, these had been granted only once, in
the 1950s. In their replies to the two allegations transmitted by the
Special Rapporteur (25 November 1993 and November 1994), the authorities
confirmed the release of some prisoners and agreed to a meeting between the
Special Rapporteur and Mr. Yulo Dawa Tsering.
b. Meeting with Mr. Yulo Dawa Tsering
On 26 November 1994, the Special Rapporteur met Mr. Yulo Dawa Tsering, a
senior Tibetan monk released on 6 November 1994, and asked him a number of
questions. Mr. Yulo Dawa Tsering stated that he had been arrested for the
first time in 1959 for campaigning for Tibetan independence and had been
sentenced to life imprisonment, but his sentence had been reduced and he had
been released in 1979. On 15 December 1987, he had been arrested for
appealing to Italian tourists for the support of the international community
for Tibetan independence. He said that his arrest had been on political
grounds. Referring to the periods he had spent in detention, Mr. Yulo Dawa
Tsering said that in Jaji (Tchaji) Prison, he had been held with 193 other
monks and believers and 74 nuns, in Gutsa Prison, he had been held with a
number of lamas and in Lingzhi Prison with 4 lamas, one of whom had since been
released.
He stated that, as a monk, he had enjoyed special treatment during his
first period of imprisonment. On the second occasion, the reverse had been
true and, in particular, all portraits of the Dalai Lama discovered had been
confiscated. Furthermore, he had been forbidden to practise his religion
under threat of harsh treatment. During this time, he had initially been held
with ordinary prisoners. Then, at the end of 1989, he had been separated from
these detainees, 10 of whom had been selected for confinement with the
political prisoners. During his imprisonment, the prisoners initially
received 35 yuan per month for subsistence, then 52 yuan per month because of
price rises.
Referring to his release, Mr. Yulo Dawa Tsering said that the official
statement according to which he had been freed because of his good behaviour,
observance of prison regulations and admission of his guilt was not true. As
far as his present situation was concerned, he said that, given the policy of
freedom of religious belief, religious activities were possible, but he had
been banned from his posts, notably with the Office of Ethnic and Religious
Affairs and the Buddhist Association, and he was prohibited from joining any
monastery, as were monks who had demonstrated or put up posters for Tibetan
independence. He mentioned the example of Tubdan Namdrel, a fellow prisoner,
who had been sent away from Jokhang Monastery the day after his return,
despite assurances given him in prison that he would be allowed to go back.
This exclusion from places of worship is not apparently enforced by the monks'
religious superiors on the grounds that Mr. Yulo Dawa Tsering and the other
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imprisoned lamas have the necessary religious knowledge. Mr. Yulo Dawa
Tsering expressed concern on two matters, firstly, the fact that monks jailed
for demonstrating and poster campaigns were excluded from places of worship
upon their release and, secondly, the international community's concept
of the history of Tibet. He also voiced his disquiet over the fate of
Mr. Lobsang Tenzin, imprisoned for having attempted to hand over a letter
addressed to an ambassador which had been intercepted by an interpreter. He
concluded by expressing his hopes regarding the international community, in
particular, should his meeting with the Special Rapporteur have negative
consequences for him.
c. Restrictions
The Special Rapporteur transmitted to the Chinese authorities information
on cases of members of religious orders and believers in Shanghai and in the
provinces of Hebei, Henan and Fujian who were subjected to restrictions,
(restriction of movement, surveillance by the police, loss of political
rights), (see appendix 1) . In their reply (see appendix 2) , the authorities
informed the Special Rapporteur that no restrictions existed. With regard to
the Tibet Autonomous Region, the Commission on Ethnic and Religious Affairs of
the Tibet Autonomous Region confirmed that Tibetan nuns and monks who had
served their sentences were prohibited from returning to any place of worship
(convent or monastery) if the acts of which they had been convicted
constituted counter-revolutionary crimes, (such as demonstrating for Tibetan
independence) . According to the authorities, this measure was intended to
prevent breaches of public order in places of worship and did not apply to
those convicted of ordinary crimes.
E. Conclusions and recommendations
The Special Rapporteur's visit to China afforded a better understanding
of the present situation in that country. Through all the information
received from various governmental and non-governmental sources and from
various talks and visits, he was able to observe some developments in the
human-rights situation in China, especially as far as tolerance of and
non-discrimination against religion or belief were concerned. Some aspects of
these developments represent progress, while others call for correction and
improvement.
The Special Rapporteur is aware of the complexity of the situation in
China, a vast, densely populated, multi-religious, multi-ethnic territory
which has to come terms with and reconcile many factors, or even
contradictions, such as the atheism and marxist doctrine espoused by most of
the population, the spread of religious movements, and the need to strike a
balance between non-interference and national political sensibilities on the
one hand and the requisite respect for human rights on the other. During his
visit, the Special Rapporteur was therefore able to perceive the beginnings of
a trend which should become one of steady change, accommodating itself to, and
thus unhindered by, the passage of time. It must bring changes in legislation
on religious freedom and its application, as well as in policy on the matter.
The Special Rapporteur believes that substantial progress has been made
in the field of laws on religious freedom. Article 147 of the Penal Code
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punishing all violations committed by State officials is important and the
Special Rapporteur likewise considers the promulgation of two Council of State
decrees, Nos. 144 and 147, to be a step forward, despite some legal
ambiguities and an apparent sensitivity to the outside world. The
Special Rapporteur regards these new regulations as transitional measures in a
process leading to gradual improvement. In this context, the Special
Rapporteur wishes to submit the following recommendations, based on a study of
Chinese legislation and the talks held on this subject with various people in
China.
With regard to the right of freedom to manifest one's religion, the
Special Rapporteur recommends that amendments be made to the pertinent legal
texts, such as article 36 of the Constitution, so as to provide a
constitutional guarantee of respect for freedom to manifest one's religion or
belief in accordance with article 1, paragraph 1, of the 1981 Declaration.
With regard to the right of persons under the age of 18 to freedom of
belief, the Special Rapporteur recommends that steps be taken to adopt a
provision explicitly mentioning this right, so as to ensure the requisite
compliance with the Convention on the Rights of the Child, especially
article 14, which was ratified by China on 2 March 1992.
The Special Rapporteur further recommends the adoption of a text
recognizing the right to freedom of belief and freedom to manifest one's
belief for all, including members of the Communist Party and other
socio-political organizations.
With reference to places of worship, the Special Rapporteur recommends
that the notion of a “fixed place” (para. 2 of decree No. 145) be defined so
as to clarify legally the particular terms, conditions and restrictions
applying to worship at home. The Rapporteur recommends a more precise
definition of the criteria for the registration of places of worship,
especially the number of believers and the qualifications of members of
religious orders.
Lastly, with regard to religious freedom in general, the Special
Rapporteur recommends the introduction in the medium term of a law on
religious freedom, so as to harmonize all the pertinent legal texts, remedy
legal ambiguities and, in keeping with established international standards,
overcome the particular fears and sensitivities prompted by the distinction
between nationals and foreigners.
The Special Rapporteur was encouraged to note a political determination
to apply legislation and policy in the field of tolerance of and
non-discrimination against religion and belief, despite some practical
monitoring difficulties. In particular, some adjustment of traditions and
modes of behaviour seems to be needed if a new culture among administrative
and prison authorities is gradually to take shape. Of course, this aim cannot
be achieved in the immediate future. Nevertheless, the Chinese authorities
could begin by clearly showing the way to reduce and combat abnormal
situations and excesses. There is a risk that if an administration has
discretionary power of judgement, this can degenerate into arbitrariness.
Endeavours must therefore be made to ensure that progress in legislation on
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religious freedom is not negated by individual, administrative or political
design. It is essential to secure the principle of religious freedom and its
manifestation and to limit it only in exceptional circumstances justified by
objective legal grounds of which the persons concerned are notified
immediately.
Furthermore, it is necessary to define the notion of “trespass to the
person” expressly as an act committed by a public official, which may be
unrelated to the performance of that person's duties or of a public service
activity, so that the official has greater personal liability under civil and
criminal law for direct or indirect, overt or covert infringements of or
interference with religious freedom.
The Special Rapporteur noted during his talks that the distinction
between normal and abnormal religious activities was not drawn very clearly
and was applied fairly flexibly. In some cases, for example, it had been
found that people had been prosecuted for engaging in abnormal activities,
whereas, in others no action had been taken on activities which might be
regarded as abnormal. The Rapporteur is of the opinion that this flexible
approach should be extended so that ultimately the distinction effectively
disappears. The Special Rapporteur considers that there must be no
interference with religious activity falling within the scope of the
1981 Declaration. At all events, there must not be any surveillance of a kind
to infringe the right to freedom of belief and to manifest one's belief. With
regard to sects, the Special Rapporteur particularly wishes to point out that
the 1981 Declaration protects not only religion, but also theist beliefs and
that article 1, paragraph 3, of that Declaration states that freedom to
manifest one's religion or belief may be subject only to such limitations as
are prescribed by law and are necessary to protect public safety, order,
health or morals or the fundamental rights and freedoms of others.
With regard to the alleged arrest or detention of members of religious
orders and believers belonging to unofficial religious organizations
(including members of sects and Tibetan monks) and restrictions affecting
them, the Special Rapporteur reiterates his request that these persons be
freed. A decision of this kind would be even clearer evidence of the moves in
China towards religious freedom which the Special Rapporteur discerned during
his visit.
The Special Rapporteur realises that it is difficult to draw a
distinction between the religious and the political sphere in Tibet. This
distinction cannot be general or absolute. Nevertheless, although he was
aware of these real or supposed links between politics and religion in Tibet,
the Special Rapporteur deliberately examined only questions which principally
concerned religious freedom as defined in the 1981 Declaration, without
passing any judgement whatsoever on other aspects.
The Special Rapporteur noted the extremely devout attitude perceptible in
Tibet, the full scale and extent of which has not, perhaps, been sufficiently
appreciated so far. This factor must be taken into account when analysing the
religious situation in Tibet. Moreover, the question of Tibet would be less
acute if it did not have an added dimension, in other words if it turned
solely on religious aspects.
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The Special Rapporteur considers that deep religiousness may be the
source not only of great spirituality, but also of real difficulties. The
latter should be dealt with through dialogue, tolerance and education. Any
repression of religion can lead to greater religiousness, or even, in some
cases, a form of extremism, despite the apparently non-violent nature of
Buddhism in general and Tibetan Buddhism in particular, the values of which
might be severely tried by changes to the demographic data of Tibet. The
Special Rapporteur recommends that the balances and compromises required by
social dynamics be reached, so as to avoid the deeply religious being tempted
by religious extremism.
The Special Rapporteur strongly recommends that religious figures who
have served their sentences for “counter-revolutionary acts” should no longer
be banned from entering places of worship. Furthermore, he recommends that a
reasonable balance be worked out between the number of students of religion
and the quality, duration and time set aside for their instruction. Likewise,
the basically religious function of places of worship and the aims of making
them financially independent should be made reasonably compatible.
As for more general recommendations about policy and practice concerning
tolerance of and non-discrimination against religion and belief throughout
China, the Special Rapporteur wishes to stress the importance of giving State
officials and judges adequate human-rights training, especially on the subject
of religious freedom. He recommends that the technical assistance and
advisory services of the Centre for Human Rights should help in this area.
The Special Rapporteur also recommends that the principal texts on
religious freedom should be posted in the administrative services concerned.
Furthermore, the publication and distribution of a compendium of texts on
religious freedom, including implementing instructions, is strongly
recommended. The distribution of documentation about human rights to all
religious institutions would also be desirable. The Special Rapporteur also
recommends that citizens and institutions be informed about appeal procedures
available in the event of a refusal to register religious organizations.
Education about tolerance of and non-discrimination against religion and
belief should be considered and introduced as soon as possible, as a way of
combating all forms of intolerance and discrimination based on religion or
belief. At the same time, the Special Rapporteur urges the creation of
universities offering religious instruction as a main or subsidiary subject.
More broadly, the Special Rapporteur recommends that a culture of human rights
and in particular of tolerance should be spread by promoting the creation of
human rights clubs in universities, which would strive chiefly to further the
development of tolerance of and non-discrimination against religion and
belief.
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Appendix 1
ANHtJI
Detention
Members of religious orders subject to various restrictions
Zhang Jiuzhong : House-church preacher, protestant, from Jiuangchang
township, Lixin County. Arrested in 1993 for illegal religious activity.
Sentenced in October 1993 to two years' reform through labour.
Dhai Guillang (45 years old) and Dai Lanmai (27 years old-female) :
House-church preachers, protestant, from Yuefang township, Mengcheng County.
rrested on 25 August 1993. Sentenced to three and two years' reform through
labour, respectively, by the Fuyang Prefectural Labour Re-education
Administrative Committee. Detained in Xuancheng Labour Camp.
Guo-Mengshan (41 years of old from Lixin County), Liu Wenjie and
Zheng Lanyun : Arrested on 20 July 1993 and accused of conducting “New
Believers' Edification” classes for five days in rural areas of Dafeng.
Guo-Mengshan held under “shelter and investigation” procedure for over
three months and then administratively detained on 11 October 1993 for
three years' reform through labour for “itinerant preaching”. Sentences of
Liu and Zheng unknown; after detention in Mengcheng County prison, detained in
Xuancheng Labour Camp.
Li Haochen : House-church preacher, protestant, from Sanyi township,
Mengcheng County. Arrested in March 1993 and held until June. Re-arrested in
September 1993 and sentenced to three years' reform through labour.
Wang Dabao, Yang Mingfen, Xu Hanrong and Fan Zhi : House-church
protestants arrested in Yingshang County after August 1991.
Shang Guancun, Zeng Shaoying and Leng Zhaoging : House-church protestants
arrested in Yingshang County after August 1991.
Shang Guancun, Zeng Shaoying and Leng Zhaoging : House-church
protestants, arrested in Funan County after August 1991.
Ge Xinliang : 27 year-old farmer and house-church preacher from Yuefang
township, Mengcheng County. Arrested on 25 August 1993, one date after
holding a prayer meeting in Simen Village, Qin Zhuang. Sentenced to two
years' reform through labour by the Fuyang Prefectural Labour Re-education
Administrative Committee.
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BEIJING
Detention
- Hua Huigi, Wang Huamin and Wu Rengang : Evangelical Lay Leaders,
arrested on 3 June 1994 and detained in Beijing.
- Xu Honghai
- Gou Qinghui
Restrictions
- Father Fan Da-Dou : priest of Beijing diocese. Not permitted to
administer sacraments.
FUJI AN
Detention
- Father Lin Jiale and Father Liu Shizhong : imprisoned in Fuzhou.
- Fathers Liu Guangpin, Zhu Ruci, Zou Xijin and Xu : priests of
Fu'an. Arrested on 27 July 1990. Released for health reasons in
August 1991. Now under house arrest.
Father Guo Xijian : priest of Fu'an. Arrested on 16 December 1993 as he
was celebrating Mass in private house.
Lin Zilong : 80 years old. District leader of “Shouters” protestant
sect, from Fuqing city. Arrested on 23 December 1993 by Public Security
officials. Held administratively in Fuqing police station jail. Arrested
twice before for religious reasons; served over seven years in prison
following arrest in 1983.
Han Kangrui : 48 years old. Member of “Shouters” protestant sect, from
Fuqing city. Detained in Longtian town detention centre.
He Xiaxing : 53 years old. Member of “Shouters” protestant sect, from
Fuqing city. Arrested on 23 December 1993 and detained in Jiangjing town
detention centre.
Pan Yiyuan : 58 years old. House-church protestant of Zhangzhou, Henan
Province. Arrested 2 February 1994 and detained in Zhangshou Detention
Centre.
Restrictions
Bishop Vincent Huang Shoucheng : Bishop of Fu'an. Arrested on
27 July 1990. Remained in detention until June 1991. Now restricted to home
village.
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Bishop John Yang Shudao : Bishop of Fuzhou. Arrested on 28 February 1988
in Lishuan Village. Transferred to house detention in February 1991.
Restricted to home village and under close police surveillance.
Releases to be confirmed
Wang JingJing : Layman of Fujian Province. Arrested on 28 February 1988
in Liushan village.
Father Wang Yigi : Priest of Fujian Province. Arrested in Liushan
village on 28 February 1988.
HEBEI
Detention
Father Liu Jin Zhon : Priest of Yixian. Arrested on 24 February 1994
while celebrating Mass. Detained in Gu An Xian.
Father Yan Chong-Zhao : Priest of Handan diocese. Arrested in
September 1993. Detained in Guangping County.
Father Peter Cui Xingang : Parish priest at Donglu village, Quingyuan
County. 30 years old. Arrested on 28 July 1991 and held.
Father Zhou Zhenkun : Priest of Dongdazha village, Baoding. Arrested on
21 December 1991 by Public Security Bureau.
Father Liu Heping : 28 year-old Catholic. Arrested on 13 December 1991
at his home in Shizhu village, Dingxing County and held without trial.
Father Ma Zhiyuan : 28 year-old Catholic. Arrested on 13 December 1991
at Houzhuang, Xushi County. Administrative detention.
Father Xiao Shixiang : Priest of Yixian diocese. 58 years old. Arrested
on 12 December 1991 for leading a religious retreat.
Father Gao Fangzhan : 27 years old. Priest of Yixian diocese. Arrested
in May 1991 outside Shizhu village in Dingxing County.
Father Chen Yingkui : Priest of Yixian diocese. Arrested in 1991 and
sentenced to three years' re-education through labour. Imprisoned in Gaoyang
County.
Father Joseph Chen Rongkui : 28 years old. Arrested on 14 December 1990
at the Digxian train station in Hebei. Held without trial.
Father Paul Liu Shimin : 32 years old. Arrested on 14 December 1990 in
Xiefangying, Xuushui County. Held without trial.
Father Pei Guo Jun : Priest of Yixian diocese. Arrested and imprisoned
between mid-December 1989 and mid-January 1990 in connection with underground
episcopal conference in Shaanxi Province.
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Father Shi Wande : Priest of Baoding diocese. Arrested on
9 December 1989 in Xushui and imprisoned.
Father Li Shang Jin : Of Handan, 28 years old, arrested the afternoon of
4 March 1994 while celebrating mass in the home of a lay Catholic. Held at
the detention centre in ma Pu Cun, Hew Sha Zhen Xiang, Handan Xian.
Father Lu Dong Liang : Of Feng Feng Shi, Dong Ging Liu. Arrested before
Easter Sunday while celebrating mass. Detained at the detention centre of
Guang Ping Xian.
Deacon Ma Shunbao : 42 years old. Arrested on 6 November 1991. Detained
without trial.
Deacon Dong Linzhong : Of Dongdazhao village, Boading. Arrested on
21 December 1992 by Public Security Bureau.
Father Xu Guoxin : Priest of Langfang diocese. Arrested in 1991 and
sentenced to three years' reform through labour.
Rev. Sun Hua Ping : Arrested on 30 June 1994 in the home of a
parishioner. Held at the detention centre of Ling Ming, Shi Zhuang Cun,
Yong Nian Xian.
Ms. Wong Rui Ying : Arrested in June 1994 at her home. Security police
would have also confiscated from her home a tabernacle with consecrated Holy
Hosts inside. Held at the detention centre in Cheng An Xian.
Restrictions
Father An Shi'An : Vicar-General of Daming diocese. Born in 1914.
Arrested late December 1990 and detained in Handan. Released on
21 December 1994. Under restrictions of movement.
Father Su De-Qien : Priest of Tianjin diocese. Prevented since Christmas
1993 from administering sacraments.
HENAN
Detention
Bai Shugian : Elderly member of Little Flock house church from Ye County.
Arrested in 1983; charged with belonging to the “Shouters” sect, holding
illegal religious meetings and receiving foreign Christian literature.
Sentenced to 12 years' imprisonment. As of March 1987, would be held in
Kaifeng.
Zhao Donghai : Protestant house-church leader. Sentenced to 13 years'
imprisonment in 1982 or 1983.
Bishop John Baptist Liang Xishing : Bishop of Kaifeng diocese. Born in
1923. Arrested in October 1990 for illegal religious activities. Released in
February 1991 and re-arrested on 18 March 1994.
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Rev. Li Hongye of Luo Yong: Arrested about 10 a.m. on 25 July 1994 in
Luo Yong.
Restrictions
Song Yude : 40 years old. House-church leader; Protestant from Tongbo
County. Arrested on 16 July 1984. Tried on 29 January 1986. Sentenced to
eight years' imprisonment in particular for illegal religious meetings.
Released in April 1992. Still deprived of political rights.
Xu Yongze : Founder of “New Birth” Protestant Movement. 52 years old,
from Nanyang, Zhenping County. Arrested on 16 April 1988 in Beijing.
Sentenced to three years' imprisonment. Held in Zhenping County Prison until
26 April 1991 and in Henan Public Security Bureau office until 20 May 1991
when released. Remains under strict police surveillance.
Father Zhu Bayou : Priest of Nanyang diocese. Arrested in early 1980s
and sentenced to 10 years for leading Roman Catholics on pilgrimage to
Sheshan. Relesed on parole and now restricted to village Jinqang.
Release to be confirmed
He Suolie, Kang Manshuang and Du Zyhang Ji : House-church leaders,
protestants. Arrested and sentenced in 1985 to eight, five and four years in
prison, respectively.
SHANGHAI
Detention
Pei Zhongxun (Chun Chul ) : 76 years old, ethnic Korean Protestant leader
from Shanghai. Arrested in August 1983 and sentenced to 15 years of
imprisonment. Detained in Shanghai Prison No. 2.
Restrictions
Bishop Joseph Fan Zhongliang : Bishop of Shanghai, 73 years old.
Arrested on 10 June 1991. On 19 August 1991, transferred to a form of house
arrest in Shanghai. Forbidden to leave Shanghai and is kept under police
surveillance. Police would have not returned church and personal property
seized from him at time of his arrest.
Xie Moshan (“Moses Xie”) : House-church leader from Shanghai in his
early 70s, was arrested on 24 April 1992 on charges of “conducting illegal
itinerant evangelism”. Released on 23 July 1992. Movement restricted and
required to report periodically to local Public Security Bureau.
Zhu Mei (or Sha Zhumei) : Born on 12 May 1919, Protestant. Arrested on
3 June 1987 in Shanghai. Tried on 3 November 1987. Released on parole on
3 April 1992. Restrictions in particular for travel.
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SI CHUAN
Restrictions
Bishop Hou Guoyang : Bishop of Chongqing. Arrested early January 1990
for participation in underground episcopal conference and detained until early
1991. Now under police surveillance in Chongqing City.
TIBET AUTONOMOUS REGION
Detention
Ngawang Phulchung : Born in August 1957 in Toelung Dechen. Monk at
Drepung Monastery. Detained on 16 April 1989 and sentenced on
30 November 1989 to 19 years' imprisonment and 5 years' deprivation of
political rights. Held at Prison No. 1 (Drapchi), Unit 5.
Jampel Changchub (Paymane: Yugyap) : Born in 1960 in Toelung Dechen.
Monk at Drepung Monastery. Detained on 16 March 1989 and sentenced on
30 November 1989 to 19 years' imprisonment and five years of deprivation of
political rights. Held at Prison No. 1 (Drapchi), Unit 5.
Lobsang Tsultrim : 72 years old, senior monk at Drepung Monastery.
Arrested in April 1990 and sentenced to six years' imprisonment.
Phuntsong Nyidron (Pingcuo Nizhen; Paymane: Tseten) : Born in 1968 in
Phenpo (Lundrup County) . Nun at Michungri Nunnery. Detained on
14 October 1989. Sentence was extended in October 1993 to 17 years'
imprisonment. Held at Prison No. 1 (Drapchi), Unit 3.
Tenzin Thubten : Born in 1969. Nun at Michungri Nunnery. Detained on
21 August 1990 and sentenced to five years with one year to be reduced if her
behaviour was good. In October 1993, she was sentenced to an additional nine
years. Held at Prison No. 1 (Drapchi) Unit 3.
Gyaltsen Drolkar (Jiacing Zhouga ) : born in 1970 in Meldro Gongkar. Nun
at Garu Nunnery. Sentenced on 30 November 1990 to four years with one year to
be reduced if her behaviour was good. In October 1993, she was sentenced to
an additional eight years. Held at Prison No. 1 (Drapchi) Unit 3.
Ngawang Chemo (Choegna) : Age 21. Nun at Gari Nunnery. Arrested on
14 June 1993.
Kelsang Drolma : Age 23. Nun at Gari Nunnery. Arrested on 14 June 1993
and sentenced to two years imprisonment.
Gyaltsen Lhaksam : Age 20. Nun. Arrested on 21 August 1990 and
sentenced to seven years' imprisonment.
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Dekyi : Age 22. Nun at Gari Nunnery. Arrested on 14 June 1993 and
sentenced to seven years' imprisonment.
Godekyi : Age 19. Nun at Gari Nunnery. Arrested on 14 June 1993 and
sentenced to five years' imprisonment.
Release to be confirmed
Jampal Monlam : Age 24. Monk. Arrested in March 1989 and sentenced to
five years' imprisonment.
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Appendix 2
Reply from the Chinese authorities
1. Fujian province
Yang Shudao, male, age 70, from Lianjian County, Fujian province.
Catholic priest.
In accordance with the law, sentenced in December 1988 to three years in
prison for illegal activities and violation of the penal code. Released after
serving his sentence.
The claim that Yang was “under close surveillance by the public security
organs” does not accord with the facts.
Wang Jingjing. Investigations reveal that there is no such person.
Wang Yiqi. Investigations reveal that there is no such person.
2. Hebei province
Ma Zhiyuan. Investigations reveal that there is no such person.
Pei Guojun. Investigations reveal that there is no such person.
Xu Guoxin, male, from Langfang, Hebei province. Assigned to three years
of re-education through labour in December 1991 by the local re-education
through labour management committee for disruption of social order. Released
in May 1994 before serving his full sentence.
3. Henan province
Xu Yongze, male, age 53, from Zhenping County, Henan province. Assigned
in April 1994 by local re-education through labour management committee to
three years of re-education through labour for violation of Chinese
regulatinos on registration of public groups, establishing an illegal
organization, disrupting public order and resistance to reform. Has now been
discharged.
4. Shanghai
Pei Zhongxun (Pei Junzhe) , male, age 76. Former factory worker in the
Shanghai City Construction Department.
Address: No. 1, Alley 78, Fuxing West Road.
In accordance with the law, was sentenced by the Intermediate People's
Court of Shanghai to 15 years in prison (from 18 August 1983 to
17 September 1998) for espionage. He is serving his sentence in a Shanghai
prison and is in good health.
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Bishop Joseph Fan Zhongliang. The claim that he is “forbidden to leave
Shanghai and is under intensive police surveillance” is not in accordance with
the facts.
Xie Moshan was investigated by the local public security organs in
accordance with the law for his involvement in illegal activities but no
action was taken. The claim that his “movements are restricted” is not in
accordance with the facts.
Zhu Mei. Investigations reveal that there is no such person.
Tibet
Ngawang Phulchung, male, lama at the Drepung Monastery, Tibet. In
January 1989, he set up an illegal “Independence of Tibet” organization at the
monastery. Colluding with and on the orders of foreign forces, he collected
State secrets, drafted, printed and distributed leaflets to encourage the
“Independence of Tibet”, and was involved in the Lhasa riots in March 1989.
Under the Chinese penal code he was sentenced on 30 November 1989 by the
Intermediate People's Court of Lhasa to 19 years' imprisonment and stripped of
his political rights for five years, for gross violations of national security
and of the penal code.
Jampel Changchub, male, a lama from the Drepung Monastery, Lhasa. In
accordance with the law, was sentenced on 30 November 1989 by the Intermediate
People's Court of Lhasa to 19 years' imprisonment and stripped of his
political rights for five years for his involvement in the activities of an
illegal separatist organization in January 1989 and for collecting State
secrets.
Kelsang Drolma, female, ethnic Tibetan, a nun at Gari nunnery before her
arrest. In accordance with the law, she was sentenced on 13 October 1993 by
the Intermediate People's Court of Lhasa to two years' imprisonment (from
14 June 1993 to 13 June 1995) . She is serving her sentence in the Tibet
Autonomous Region prison, and is in good health.
Jampel Monlam was released on 14 July 1994 after serving his full prison
term.
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IV. CONCLUSIONS AND RECOMMENDATIONS
During the period under review, the Special Rapporteur continued to
receive communications - in increasing numbers and based in most cases on
specific evidence - alleging violations of rights and freedoms proclaimed in
the 1981 Declaration. Through dialogue initiated with Governments, the
Special Rapporteur requested clarification of and views and comments on
particular cases or incidents, requested documents and information, suggested
approaches, drew attention to situations and called for urgent initiatives or
measures, as the circumstances required.
In addition to the cooperation that was shown him in fulfilling his
mandate, the Special Rapporteur appreciated the interest and open-mindedness
with which many Governments considered the matters with which he was charged,
as well as their determination to resolve the problems raised.
The Special Rapporteur still believes that the attitudes of reluctance
which he sometimes noted, on rare and isolated occasions, have to be dealt
with patiently, through dialogue and with determination to see prevail both
the rights and freedoms proclaimed by the 1981 Declaration and all the
international instruments relating to human rights, and the justifiable
concerns of all the parties involved. Any prejudgment constitutes, in his
view, a wrong approach; any generalization is an error and any excessive
action will ultimately be meaningless. The situations involved are highly
complex and therefore cannot readily be reduced to types and classifications
and even less to slogans and cliches. The culture of human rights, and
particularly of tolerance, cannot be decreed. It is learned and absorbed
progressively through initiatives and measures over the long term, which,
although altering with time, should not be conjugated in a past tense.
The Special Rapporteur firmly believes that the achievement of religious
tolerance and non-discrimination must go together with the achievement of
human rights as a whole. Human rights cannot be promoted in the absence of
democracy and development. Consequently, action to promote human rights,
including the right to religious freedom, tolerance and non-discrimination,
must involve, at one and the same time, measures to establish, strengthen and
protect democracy as an expression of human rights at the political level, and
measures to contain and progressively eliminate extreme poverty and to promote
the right to development as an expression of human rights and human solidarity
in the economic, social and cultural areas. As has very frequently been
observed, the interdependence of all people is something quite obvious.
Selectivity, on the other hand, leads to inconsistency that compromises
credibility and therefore endangers the whole structure of human rights.
Human rights, and the right to freedom of religion in particular, because the
two subjects are extensively linked and interdependent, call for constant
attention, thorough investigation and action on the part of States, societies,
religious communities and individuals, in a continuous process of
interiorization of the values relating to human rights, democracy and
development. It is because human rights, in their various complementary
expressions, are at a level above contingencies and variables that they must
be sheltered from anything that can undermine their foundations or damage
their mechanisms and protection procedures.
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The Special Rapporteur tends towards the view that, avoiding attitudes
and behaviours dictated by immediate circumstances, human rights, including
the right to freedom of religion, should be dealt with on a continuing basis
and should therefore not be the subject of any ambivalence, evasion or
functionalization for purposes other than those which constitute their
raison d' tre .
“Hatred, intolerance and acts of violence, including those motivated by
religious extremism” are factors potentially capable of promoting the
development of situations that may threaten or compromise international peace
and security in one way or another and infringe human rights and the right of
peoples to peace. The Special Rapporteur is firmly convinced that religious
extremism - like the extreme reactions it can unleash, both among authorities
and in public opinion - is a factor contributing to the maintenance of
tensions that can lead to situations which are difficult to control and expose
the credibility of human rights (including the right to peace) , to drifting
and chance. The Special Rapporteur considers that maintenance of the right to
peace should encourage further development of international solidarity so as
to curb religious extremism of any kind by acting on both its causes and its
effects, without selectivity or ambivalence, and by first of all defining - as
certain States have done, often within the framework of regional international
organizations - minimum common rules and principles of conduct and behaviour
towards extremism and towards terrorism.
The Special Rapporteur wishes again to place emphasis on education as the
essential means of opposing intolerance and discrimination based on religion
or belief. The actions and initiatives taken hitherto have been much more
concerned with ways of dealing with intolerance and discrimination than with
their prevention. In his view, priority in combating intolerance and
discrimination based on religion or belief must be given to prevention through
education. This could make a decisive contribution towards the adoption of
values based on human rights and to the development, both in individuals and
in groups, of tolerant and non-discriminating attitudes and behaviour, thus
helping to extend the culture of human rights. The Special Rapporteur is
firmly convinced that lasting progress towards tolerance and
non-discrimination in the area of religion and belief can be ensured mainly
through education, and particularly through the schools. The questionnaire on
this subject which was sent to States could constitute the first stage of a
process aimed at promoting a better understanding of freedom of religion and
belief and at first curbing and then eradicating intolerance and
discrimination based on religion or belief.
The information gathered by the Special Rapporteur demonstrates the
international community's interest in problems of religious intolerance and
discrimination and the genuine efforts being made by many Governments to limit
their impact. As the Special Rapporteur noted in his previous report
(E/cN.4/1994/79), his role is not to level accusations or make value
judgements, but rather to promote understanding of the circumstances
underlying religious intolerance and discrimination, mobilize international
public opinion and establish a dialogue with the Governments and any other
parties concerned.
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The Special Rapporteur also expresses appreciation to the
non-governmental organizations for their valuable cooperation. Their
detailed information and the concerns they have expressed have been extremely
useful to him in fulfilling his mandate.
During the period covered by this report, the Special Rapporteur received
communications from virtually all regions of the world. Once again he notes
that manifestations of religious intolerance occur in countries at varying
stages of development and with different political and social systems and are
in no way confined to a single faith. The majority of the complaints received
concerned violations of the right to have the religion or belief of one's
choice, the right to change one's religion or belief, the right to manifest
and practise one's religion in public and in private and the right not to be
subjected to discrimination on these grounds by any State, institution or
group of persons.
The Special Rapporteur wishes to draw attention to the fact that the
violation of the rights mentioned above also jeopardizes the enjoyment of
other human rights and fundamental freedoms enshrined in both the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights, as well as in other
international human rights instruments. During the present reporting period,
violations of the provisions of the 1981 Declaration have had a negative
bearing on the right to life, the right to physical integrity and to liberty
and security of person, the right to freedom of expression, the right not to
be subjected to torture or other cruel, inhuman or degrading treatment or
punishment and the right not to be arbitrarily arrested or detained.
The Special Rapporteur once again deplores the frequently serious
infringement of the rights of persons belonging to religious minorities in
countries with an official or clearly predominant majority religion. He also
notes the difficult situation of the members of certain religious
denominations in several countries and certain regions, even when they are not
strictly minorities, as is the case of the Shiites in Iraq and Saudi Arabia
and the members of the Christian communities in the Sudan, Egypt and Viet Nam,
as well as the Buddhists in Viet Nam and in the autonomous region of Tibet.
The Special Rapporteur notes the continuing extremism and religious
fanaticism in certain countries. Although such expressions of religious
discrimination and intolerance are often attributable to various economic,
social, political or cultural factors which derive from complex historical
processes, they are also the result of sectarianism and dogmatism. The
Special Rapporteur was disturbed in particular by cases where extremist
opinions had been expressed in public and implemented by Governments
themselves and cases where the authorities had not taken the necessary steps
in time to prevent the expression of such opinions, when they were in a
position to do so.
In certain cases, the Special Rapporteur had difficulty in establishing a
clear distinction between religious conflicts and ethnic conflicts, and
between religious intolerance and political persecution. However, he
transmitted the allegations to the Governments concerned and invited them to
furnish information on the cases reported.
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The Special Rapporteur is concerned at the abuse of legislation against
blasphemy and the groundless accusations of blasphemy in certain countries.
Such abuses foster a climate of religious intolerance and even acts of
violence, including murder. In Pakistan, he was informed, the blasphemy law
was amended to make the admissibility of blasphemy proceedings dependent on
sufficient evidence and to make it easier to prosecute spreaders of false
accusations of blasphemy and abusers of the law. Notwithstanding these
amendments, however, there were reports that the Ahmadiyya and Christian
minorities and even Muslims continued to be the victims of serious acts of
religious intolerance. In Bangladesh, Mrs. Taslima Nasreen, a writer charged
with blasphemy and sentenced to death by religious extremists, was compelled
to leave her country in order to escape persecution. In Egypt and the
United Arab Emirates, writers were also allegedly prosecuted and convicted for
their work which was viewed as blasphemous. Finally, in Canada, a writer was
allegedly stabbed, apparently because of a novel that had been considered
blasphemous. The Special Rapporteur believes that special attention should be
paid to these distressing situations and recommends that a study should be
made of blasphemy from the human rights standpoint.
The Special Rapporteur also notes with concern the many cases of harm
caused to places of worship, special religious sites and religious property of
all denominations. These include damage to and confiscation or destruction of
places of worship, profanation of cemeteries and denial of authorization to
build places of worship or to renovate, restore or use such places. In this
connection, the Special Rapporteur draws attention to paragraph 10 of
resolution 1994/18, in which the Commission on Human Rights calls upon all
States in accordance with their national legislation to exert their utmost
efforts to ensure that places of worship and shrines are fully respected and
protected.
The Special Rapporteur once again notes that real estate claims by
several churches in a number of eastern European countries, such as Albania,
have still not been successful despite the progress made in terms of religious
freedom since the changes in those countries' regimes.
The Special Rapporteur is concerned at the role which the media play in
some countries in developing a climate of religious intolerance, and he
recommends that specific action be taken under the programme of advisory
services in order to remedy the situation. He also deplores that the media
suffer from acts, or even policies of intolerance and religious discrimination
in other countries, including in particular Algeria.
The Special Rapporteur has continued to receive communications describing
violations in several countries of the rights and freedoms of sects and other
similar or comparable communities. He wishes to point out first of all that
the 1981 Declaration is intended to protect not only religions, but also
theistic, non-theistic and atheistic beliefs. He also wishes to point out,
bearing in mind article 1, paragraph 3 of the Declaration, that freedom of
religion and belief does not prevent the State from fulfilling, to the extent
necessary and in accordance with pre-established rules consistent with
international norms, its inherent obligation to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others.
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The Special Rapporteur also believes that greater attention should in
future be paid to the increasingly numerous problems posed by sects and other
similar or comparable communities, in particular through a study of the topic.
The Special Rapporteur has dealt with a number of cases of conscientious
objection within the framework of his mandate, in conformity with the
provisions of the 1981 Declaration. He also wishes to draw attention to
resolution 1989/59 of the Commission on Human Rights, which was reaffirmed in
1991 (resolution 1991/65) and in 1993 (resolution 1993/84), and which
recognizes “the right of everyone to have conscientious objections to military
service as a legitimate exercise of the right of freedom of thought,
conscience and religion as laid down in article 18 of the Universal
Declaration of Human Rights as well as article 18 of the International
Covenant on Civil and Political Rights”, and recommends to States “with a
system of compulsory military service, where such provision has not already
been made, that they introduce for conscientious objectors various forms of
alternative service” which “should be in principle of a non-combatant or
civilian character, in the public interest and not of a punitive nature” .
The Special Rapporteur has closely followed the tragic developments on
the territory of the former Yugoslavia. He wishes to draw attention to
resolution 1994/72, in which the Commission on Human Rights, repelled by the
odious practice of “ethnic cleansing” whose principal victims are the Muslim
population, expresses alarm at the findings of the Special Rapporteur,
Mr. Tadeus Mazowiecki, that the influence of ultra-nationalist ideologies is
growing and that indoctrination and misinformation encourage national and
religious hatred.
The Special Rapporteur is deeply concerned at the serious acts of
religious intolerance that are affecting Algerian society as a whole and are
likely to have repercussions throughout the Mediterranean region.
The Special Rapporteur draws attention to the fact that the
United Nations, by its establishment, testifies to the determination to “save
succeeding generations from the scourge of war” and, for the achievement of
its ends, “to practise tolerance and live together in peace with one another
as good neighbours”, to maintain, by uniting our strength, “international
peace and security”, and sets forth, as one of its purposes, the maintenance
of international peace and security and “respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language or
religion”. He accordingly recommends that the fiftieth anniversary of the
United Nations should be commemorated with particular solemnity and that it
should be seen as a special opportunity to reaffirm the determination of the
international community as a whole, and also of each of its members, to
preserve and develop the right of individuals and of peoples to peace. The
Special Rapporteur believes that the nature of religious extremism is such as
to jeopardize the right of individuals and of peoples to peace and to
prejudice human rights as a whole. He accordingly recommends that the
United Nations General Assembly - as well as States themselves - adopt
appropriate instruments committing themselves to combating within the
framework of the purposes of the United Nations and with due regard for
General Assembly resolution 39/11 of 12 December 1984, which contains the
Declaration on the Right of Peoples to Peace, “hatred, intolerance and acts of
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violence, including those motivated by religious extremism” and to
“encouraging understanding, tolerance and respect in matters relating to
freedom of religion or belief”.
The Special Rapporteur also recommends that 1995, which has been declared
“United Nations Year for Tolerance”, should provide an opportunity better to
publicize the values of tolerance and non-discrimination. He believes that
the Year should of course be marked by the appropriate initiatives and
actions, but also by the organization, at a high State level, of an
international congress on tolerance and non-discrimination in the sphere of
religion and belief.
The Special Rapporteur again stresses the importance of establishing a
continuing interfaith dialogue to combat all forms of religious extremism by
any religion whatsoever so as to guarantee religious tolerance both
internationally and within States. Furthermore, the establishment of firm
foundations for religious tolerance will require, as well as specific action
in the sphere of education, the establishment of and respect for the rule of
law and the proper functioning of democratic institutions, entailing in
particular the execution of specific projects within the framework of the
programme of advisory services. This edifice also requires respect for
economic, social and cultural rights through the implementation of
socio-economic measures designed to diminish inequalities and eradicate, in so
far as possible, sources of friction and tension between religions.
The Special Rapporteur has taken note of resolution 1994/18 of the
Commission on Human Rights, which encourages him to examine the contribution
that education can make to more effective promotion of religious tolerance,
and has undertaken a number of consultations and studies (see chap. II) which
have made it possible to confirm his initial conclusions regarding the role of
education as an essential and primary means of combating intolerance and
discrimination. As he pointed out in the previous report, education could
contribute decisively to instilling the values that focus on human rights and
on the emergence, among both individuals and groups, of attitudes and
behaviour exhibiting tolerance and non-discrimination and thus participate in
disseminating the culture of human rights. School, which is an essential
component of the basic educational system, can provide a fertile and vital
ground for achieving lasting progress with regard to tolerance and
non-discrimination in the matter of religion or belief. The Special
Rapporteur has therefore decided to carry out a study, by means of a
questionnaire addressed to States, of issues relating to freedom of religion
and belief from the angle of the curricula and manuals of primary or basic and
secondary teaching establishments (see annex) . The results of the study could
make it possible to draw up an international school strategy to combat all
forms of intolerance and discrimination based on religion or belief, which
could centre on the elaboration and realization of a minimum joint programme
of tolerance and non-discrimination.
The Special Rapporteur has also made a number of recommendations
regarding education for the Centre for Human Rights' programme of advisory
services.
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In conformity with resolution 1994/18, in which the Commission on Human
Rights recommended that the promotion and protection of the right to freedom
of thought, conscience and religion be given appropriate priority in the work
of the United Nations programme of advisory services in the field of human
rights and encouraged the Special Rapporteur to consider whether the programme
of advisory services in the field of human rights might be of assistance in
certain situations, at the request of States, and to make appropriate
recommendations in that regard, the Special Rapporteur wishes to make the
following recommendations regarding the specific projects to be carried out
within the framework of the programme of advisory services:
(a) The provision, upon request, to Governments of expert advisory
services for the following purposes:
(i) Preparation of basic legal instruments or adaptation of
existing instruments in accordance with the principles set
out in the 1981 Declaration;
(ii) Establishment and strengthening of national and regional
institutions and infrastructure such as national commissions,
an ombudsman and conciliation commissions whose long-term
effect will be to improve the implementation of international
human rights norms, particularly in the sphere of tolerance
and non-discrimination with regard to religion and belief;
(iii) Development of school curricula and textbooks that take into
account the teaching of the values of tolerance and
understanding with regard to religion and belief.
(b) The organization of national and regional seminars to publicize or
ensure better understanding of existing principles, norms and remedies in the
areas of freedom of religion and belief. These activities would be intended
in particular for members of legislative bodies, the judiciary, the bar and
the civil service;
(c) The organization of regional and national training courses for
teachers in kindergartens, primary or basic and secondary schools, to acquaint
them with the value of teaching principles of tolerance and non-discrimination
with regard to religion and belief;
(d) The organization of international, national and regional workshops,
to be attended by persons in key positions within society, such as the
representatives of specific religions and ideologies and of non-governmental
human rights organizations, on the topic of promotion of tolerance and
understanding with regard to religion and belief and encouragement of dialogue
between religions;
(e) The organization of workshops for media representatives to acquaint
them with the importance of disseminating information in conformity with the
principles of tolerance and non-discrimination with regard to religion and
belief and to educate society and mould public opinion in conformity with
those principles.
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QUESTIONNAIRE ADDRESSED TO GOVERNMENTS AND RELATING TO FREEDOM
OF RELIGION AND BELIEF IN PRIMARY AND SECONDARY SCHOOLS
1. Is there a constitutional or legislative definition in your country of
the foundations of religious instruction? If so, how is it worded?
2. How many religious primary and secondary schools are there? For what
percentage of all primary and secondary schools do they account?
3. For how many years is religious instruction guaranteed in primary and
secondary schools?
4. Is religious instruction compulsory or optional in primary and secondary
schools?
5. Does religious instruction cover one religion or more than one? Which
one (or ones)? Where religious instruction does cover more than one religion,
on what basis is instruction relating specifically to each religion divided
up?
6. How many hours of religious instruction are given per week in the last
year of primary school and in the last year of secondary school?
7. Do the results of religious instruction count - and for how much - in the
overall results for the last year of primary school and of secondary school?
8. In primary and/or secondary schools, are students separated on the basis
of difference of religion or belief or of difference of sex?
9. What authorities and bodies take part in drawing up primary and secondary
school curricula and, in particular, religious instruction curricula?
10. What rules govern the preparation of school textbooks and, in particular,
religious textbooks at the primary and secondary school levels?
11. Are religious questions dealt with in specific curricula and textbooks or
covered in curricula and textbooks generally?
12. How much quantitative importance is attached to the study of religions
other than the majority religion?
13. Do school curricula and textbooks deal with freedom of religion and
belief, including freedom of non-belief?
14. Do school curricula and textbooks include an introduction to the practice
of religion? How much time on average is spent on this introduction per week?
Does it take place in the school or outside? Under whose guidance? Is it
compulsory or optional? Is it based on the majority religion or does it take
account of different religious affiliations?
15. Do school curricula and textbooks refer to questions relating to the
elimination of all forms of intolerance and of discrimination based on
religion or belief?
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16. How are persons who give religious instruction trained and recruited?
17. Are there measures in your country to prevent religious instruction from
being converted into political or religious indoctrination?
18. What educational measures, according to your country, might help to
promote understanding, tolerance and respect in the matter of religion and
belief and to combat hatred, intolerance and acts of violence, including those
motivated by religious extremism?
19. What common values and principles in relation to freedom of religion and
belief should, according, to your country, be taught in school curricula and
textbooks?
N.E. : The answers to the questions, particularly questions Nos. 1, 13, 15
and 17, should be backed up by texts.
