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Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in accordance with Commission on Human Rights resolution 1994/18

          
          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) .
        
          
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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”.
        
          
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          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.
        
          
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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.
        
          
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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:
        
          
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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.
        
          
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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
          page 15
          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
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          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.
        
          
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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.
        
          
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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
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          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
        
          
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          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
        
          
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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.”
        
          
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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
        
          
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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.”
        
          
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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.'
        
          
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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.
        
          
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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.
        
          
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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
        
          
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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
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          “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
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          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.
        
          
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          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
        
          
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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
        
          
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          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) .
        
          
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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
        
          
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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' ;
        
          
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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.”
        
          
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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),
        
          
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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
        
          
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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.
        
          
          E/CN. 4/1995/91
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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
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          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
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          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.
        
          
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          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.
        
          
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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.
        
          
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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
        
          
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          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
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          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
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          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
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          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
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          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
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          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
        
          
          E/CN. 4/1995/91
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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.
        
          
          E / CN. 4 /1995/91
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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.”
        
          
          E/CN. 4/1995/91
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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
        
          
          E / CN. 4 /1995/91
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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.
        
          
          E/CN. 4/1995/91
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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) .
        
          
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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
        
          
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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.
        
          
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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'.”
        
          
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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.
        
          
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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
        
          
          E/CN. 4/1995/91
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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.”
        
          
          E / CN. 4 /1995/91
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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
          E / CN. 4 /1995/91
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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
        
          
          E/CN. 4/1995/91
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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.
        
          
          E / CN. 4 /1995/91
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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?
        
          
          E/CN. 4/1995/91
          page 152
          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.
        

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