Aadel Collection
Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in accordance with Commission on Human Rights resolution 1999/39
UNITED
NATIONS
Economic and Social
Council
COMMISSION ON HUMAN RIGHTS
Fifty-sixth session
Item 11(e) of the provisional agenda
Distr.
GENERAL
E/CN.4/2000/65
15 February 2000
ENGLISH
Original: ENGLISH!FRENCH
CIVIL AND POLITICAL RIGHTS, INCLUDING RELIGIOUS 1NTOLERANCE
Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in accordance
with Commission on Human Rights resolution 1999/39
CONTENTS
Paragraphs
Page
Executive summary 3
Introduction 1 - 2
I. REPORT ON COMMUNICATIONS SENT BY THE SPECIAL
RAPPORTEUR AND REPLIES RECEIVED FROM STATES
SINCE THE PUBLICATION OF THE REPORT SUBMITTED
TO THE COMMISSION ON HUMAN RIGHTS AT ITS
FifTY-FifTH SESSION
3 - 106
4
4
E
GE.00-11063 (E)
E/CN.4/2000/65
page 2
CONTENTS ( continued)
Paragraphs Page
II. FOLLOW-UP OF THE INITIATIVES OF THE
COMMISSION ON HUMAN RIGHTS CONCERNING
THE WORLD CONFERENCE AGAINST RACISM AND
THE RESOLUTION ON DEFAMATION AND THOSE OF
THE SPECIAL RAPPORTEUR CONCERNING STUDIES,
LEGISLATION AND THE CULTURE OF TOLERANCE 107- 114 27
A. Initiatives of the Commission 107 - 111 27
B. Initiatives of the Special Rapporteur 112- 114 29
III. IN SITU VISITS AND FOLLOW-UP 115- 116 29
IV. VISIT TO THE HOLY SEE 117- 170 30
A. Statistical data 118- 123 30
B. Position with regard to international and
national law in the area of religious freedom 124 -128 32
C. Position in relation to States 129 - 134 33
D. Position in relation to communities in the
area of religion and belief 135 - 155 35
E. Position in relation to women and the family 156 - 170 41
V. CONCLUSIONS AND RECOMMENDATIONS 171 - 183 45
E/CN. 4/2000/65
page 3
Executive summary
Since 1987, the Special Rapporteur of the Commission has been examining incidents and
governmental action in all parts of the world inconsistent with the provisions of the Declaration
on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief
and has been recommending remedial measures for such situations. Since that date, a report has
been submitted each year to the Commission on Human Rights and, since 1994, to the General
Assembly.
The present report, which is submitted in accordance with Commission
resolution 1999/39 of 26 April 1999, contains, firstly, a report on communications sent by the
Special Rapporteur and replies received from States since the publication of the report submitted
to the Commission at its fifty-fifth session; it covers 93 communications, including 2 urgent
appeals, sent to 55 States, as well as 23 replies received from States. Secondly, the
Special Rapporteur describes the follow-up to the Commission's initiatives concerning the
World Conference against Racism and the resolution on defamation, as well as his own
initiatives concerning studies, legislation and the culture of tolerance. He also deals with in situ
visits and, in particular, with his visit to the Holy See in September 1999. The visit to the
Vatican represents a new form of visit that supplements the “traditional” visits which have been
made thus far and are intended to establish a direct dialogue with the main religions and beliefs
on the 1981 Declaration and all matters relating to freedom of religion and belief and to provide
solutions to problems of intolerance and discrimination that may arise in this regard. The
Special Rapporteur's conclusions offer an analysis of violations of freedom of religion and belief
in 1999 based on the identification of the main trends. Recommendations are then made in order
to prevent the violations of the 1981 Declaration that have been found to exist.
E/CN.4/2000/65
page 4
Introduction
1. At its forty-second session, the Commission on Human Rights decided, in
resolution 1986/20 of 10 March 1986, to appoint for one year a special rapporteur to examine
incidents and governmental action in all parts of the world inconsistent with the provisions of the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on
Religion or Belief and to recommend remedial measures for such situations.
2. In accordance with that resolution, the Special Rapporteur has submitted 13 reports, some
containing addenda, to the Commission on Human Rights since 1987. Since 1994, reports have
also been submitted to the General Assembly (A150/440; A15 1/542; A152/477 and Add. 1;
A153/279; A154/386). The present report is submitted in accordance with Commission on
Human Rights resolution 1999/39 of 26 April 1999.
I. REPORT ON COMMUNICATIONS SENT BY THE SPECIAL RAPPORTEUR
AND REPLIES RECEIVED FROM STATES SINCE THE PUBLICATION
OF THE REPORT SUBMITTED TO THE COMMISSION ON HUMAN
RIGHTS AT ITS FIFTY-FIFTH SESSION
3. This report relates to a total of 93 communications (including 2 urgent appeals to Iraq and
the Islamic Republic of Iran) sent to 55 States: Afghanistan, Azerbaijan (3), Bangladesh (2),
Belarus, Bolivia, Brunei Darussalam, Bulgaria (2), Cape Verde, China (4), Comoros (2),
Côte d'Ivoire, Cyprus, Democratic People's Republic of Korea (2), Djibouti,
Dominican Republic, Eritrea, Finland, Gabon, Georgia (2), Greece (2), India (5), Indonesia (3),
Iran (Islamic Republic of) (2), Iraq, Israel (4), Kazakhstan, Kuwait, Lao People's Democratic
Republic, Malaysia, Maldives, Mauritania, Mexico, Mozambique, Myanmar, Nepal (3), Niger,
Nigeria, Pakistan (4), Peru, Republic of Korea, Republic of Moldova (2), Russian Federation,
Samoa, Saudi Arabia (2), Sudan, Sri Lanka, Syrian Arab Republic (2), Tajikistan,
Turkmenistan (3), Uganda, Ukraine (2), United Arab Emirates, Uzbekistan (3), Viet Nam (3),
and Yemen (2).
4. It also covers the replies of 23 States: Azerbaijan, Belarus, Bulgaria, Cape Verde, China,
Djibouti, Eritrea, Finland, Georgia, Greece, India, Iran, Iraq, Israel, Kuwait, Nepal, Peru,
Republic of Korea, Russian Federation, Saudi Arabia, Syrian Arab Republic, Uzbekistan and
Viet Nam.
5. The Special Rapporteur has also noted in this report the replies received and the absence
of replies to communications sent for the fifty-fifth session of the Commission on Human Rights.
6. The Special Rapporteur wishes to point out that these communications do not cover all
the incidents and governmental action in the world that are incompatible with the 1981
Declaration. The fact that some States are covered in this report does not mean that other States
are problem-free. It is also clear that the communications do not cover all religions and beliefs
and that the frequency with which religions and beliefs are covered by communications does not
necessarily reflect their general situation in the world (see also document A/54/386).
E/CN. 4/2000/65
page 5
Afghanistan
7. The Taliban continue to apply a system of discrimination against women based on their
own interpretation of Islam. Women are subjected to total segregation within society, such as
exclusion from any employment and from educational institutions. Their status as second class
citizens is said to be reflected in the following prohibitions: they are not allowed to drive; they
are kept separate from men in buses; they have to be accompanied by a close male relative
whenever they leave the home and whenever they visit a doctor; doctors are not allowed to touch
women patients; they are required to wear the burga.
Saudi Arabia
8. The legislation, which is said to be based on religious norms, reportedly does not
guarantee equality between men and women. Women are said to be discriminated against in the
following ways: they are not allowed to drive a motor vehicle; they enter buses by an entrance
separate from that for men and sit in a section different from that for men; they enjoy limited
access to certain public facilities when men are present; they require the authorization of a close
male relative for admission to hospital treatment and for travel abroad; they can study abroad
only if they are accompanied by the spouse or an immediate male relative; when in public, they
are required to observe the rules governing dress; in the Shariah courts, testimony by a man is
said to be equivalent to the testimony of two women; in divorce cases, women have to show
legally specified grounds, something which is reportedly not required of men.
9. Saudi Arabia replied that the Kingdom of Saudi Arabia had affirmed its commitment to
combat discrimination in all its forms by acceding to the International Convention on the
Elimination of All Forms of Racial Discrimination. The competent authorities are sparing no
effort to ensure that women enjoy all their fundamental rights as provided for by law, such as the
right to education, the right to work and the right to protection against poverty. The State is also
protecting the freedoms of every person in accordance with the Islamic Shariah and related
customs, to the extent that such freedoms are not contrary to public order and morals. Some
traditional practices are based on national customs and are widely followed in society, even
though they are not based on religious teachings. The Saudi Government is taking gradual
educational measures to eliminate such practices, which might be equated with discrimination
based on sex. Such measures are being taken in such a way as to ensure that there are no adverse
effects on security, public order, public health and morals in general or on the fundamental rights
and freedoms of other persons.
10. In a second communication, the Special Rapporteur referred to the alleged arrest in
May 1999 of a Filipino accused of preaching Christianity in Riyadh.
Azerbaijan
11. The national legislation reportedly does not guarantee the right to conscientious objection
on grounds of religious belief Azerbaijan replied that the State Military Commissioner had no
case on record of citizens objecting to military service on religious grounds and that the
Constitution and the legislation provided for alternative service for conscientious objectors.
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12. Another communication sent by the Special Rapporteur alleged that the decree on the
establishment and administration of alternative service had not been implemented and that, in
1999, a Jehovah's Witness had reportedly been harassed by the police and the military
authorities because he was trying to exercise his right to alternative service.
13. In a second communication, the Special Rapporteur referred to allegations of the arrest of
a Jehovah's Witness in the Khashmaz region, the confiscation of his works and video equipment
and his sentencing by the Regional People's Court to 15 days' administrative detention because
of his conversion. After his release, he was threatened with deportation by the regional bureau
chief of the Ministry of National Security if he did not give up his belief
14. A third communication alleged that there was intolerance and discrimination against
Jehovah's Witnesses following a hate campaign by some media and law enforcement officials.
In August 1999, a local television station, helped by a security official of the regional office of
the Ministry of National Security reportedly broadcast a programme stating, inter alia , that the
Jehovah's Witnesses paid money for any conversion of Muslims to their faith. That programme
was also allegedly used by the director of a company against his Jehovah's Witness employees in
order to dismiss them if they would not give up their faith.
Bangladesh
15. It is alleged that, on her return to Bangladesh to be with her sick mother, there were
renewed calls for the murder of the writer Taslima Nasreen by Muslim extremists, who accused
her of blasphemy. The prosecution of the writer under article 295 of the Penal Code “for having
deliberately and maliciously outraged the religious sentiments of a class of citizens” is said to
have been resumed; likewise, an order for her arrest and the confiscation of her property is said
to have been issued. Despite legislation that guarantees freedom of religion and its
manifestations, in fact foreign missionaries reportedly have to limit their religious activities,
particularly those addressed to Muslims. Where women are concerned, the Muslim Family
Ordinance reportedly places them in a disadvantageous position in respect of divorce. In
addition, despite the existence of legislation protecting women against arbitrary action in the
event of divorce, these provisions reportedly do not cover unregistered traditional marriages in
rural areas. In December 1998, a decision by the Supreme Court overruling a verdict which
recognized the right of a divorced Muslim wife to alimony from her former husband until she
remarried or died is said to have resulted in the restoration of a law limiting the payment of
alimony to only three months.
Belarus
16. A 1995 directive by the Cabinet of Ministers reportedly restricts the religious activities of
foreign missionaries exclusively to institutions which invited them. Unregistered religious
organizations are said not to be authorized to invite foreign religious personnel. Moreover, local
authorities reportedly refused requests by Seventh Day Adventists to rent public buildings for
religious purposes, which, it is said, poses a problem, in that, in many places, no private place of
worship is said to be available to them.
E/CN. 4/2000/65
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17. Belarus replied that, in its decision No. 280 of 23 February 1999, the Cabinet of
Ministers confirmed the regulation relating to the invitation of foreign religious representatives
to Belarus and their activity in the national territory. The regulation enables religious
organizations and centres to invite foreign representatives, who are entitled to exercise their
ministry and other religious activity. It was specified that religious organizations without legal
recognition could not invite foreign religious representatives or conclude contracts, but there
were few organizations of that kind: 68 out of 2,638 religious organizations in Belarus. Of those
68 organizations, 31 are evangelical Baptist communities, which do not register their statutes for
religious reasons. Some organizations (Protestant and “Old Believer” communities), of which
there are very few, do not need legal recognition and therefore do not register their statutes.
With regard to the 43 Seventh Day Adventist communities, 30 have their own place of worship
and 13 organize prayer meetings in their members' homes. It was stated that no refusal to rent
public buildings for religious purposes had been reported in relation to that community.
Bolivia
18. The right to conscientious objection on grounds of religious belief is reportedly not
recognized in law and it seems that there is no provision for any alternative form of service.
Brunei Darussalam
19. By reason of legislation apparently based on religious norms, women are reportedly
victims of discrimination in many areas, including divorce, custody of children and transmission
of citizenship. The Nationality Act is said to provide for transmission of citizenship solely by
the father. Consequently, a Brunei Darussalam woman married to a foreigner would be unable
to transmit her citizenship to her children even if they were born in Brunei Darussalam.
Bulgaria
20. In December 1998, a Jehovah's Witness was allegedly imprisoned, in accordance with a
judicial decision upheld by the Court of Cassation, because of his conscientious objection to
military service. This sentence seems to be inconsistent with both the Constitution, which
guarantees the right to perform alternative service, and a law on alternative service that was
adopted in October 1998 and entered into force on 1 January 1999.
21. Bulgaria confirmed the sentences and the detention of the Jehovah's Witness in question,
but stated that this person had been pardoned by the Vice-President of the Republic and released
on 8 March 1999. The Special Rapporteur thanks Bulgaria for its prompt response and, while
warmly welcoming the pardon, wishes to know whether this measure, which does not solve the
problem of principle, was motivated by the apparent inconsistency of the detention with the
Constitution and the new legislation on alternative service.
22. According to a second communication, since 1998, the Ministry of Education has
reportedly introduced an optional course on religions into the secondary school curriculum. It is
alleged that this course, designed to reflect all religions, in fact pays more attention in the
textbooks to the Bulgarian Orthodox Church. The Muslim community is said to have
complained of the inadequate treatment accorded to Islam in the course and its textbooks.
E/CN.4/2000/65
page 8
Cape Verde
23. In July 1998, three Seventh Day Adventists were reportedly arrested after being accused
by the police of setting fire to and stealing from Catholic churches. Despite the apparent lack of
evidence, two of the accused are said to be still in detention and the third to have been released
pending a trial that has been postponed several times.
24. In a detailed reply, Cape Verde explained that there had been a wave of desecrations of
Catholic places of worship since 1990, that two persons had been identified as a result of
in-depth investigations and that, in judicial proceedings, the suspects had been released pending
a decision by the Appeal Court. It was stated that the religion of the accused persons had never
been raised as an issue in that case, even by the persons concerned. It was concluded that
Cape Verde was characterized by its culture and tradition of tolerance and religious freedom, as
reflected in its legislation.
China
25. It is alleged that, in October and November 1998 and January 1999, in Henan province,
the security services arrested members of Protestant congregations not recognized by the
authorities.
26. China replied that the 1998 October meeting had been illegal and had seriously disrupted
normal production and living conditions for the local population. It was explained that, under
article 19 of the Public Security and Administrative Offences Regulations, the local public
security authorities had arrested three persons and detained them for 15 days, while eight other
persons who had taken part in the gathering had not been subjected to any coercive measures.
With regard to the November 1998 gathering, China stated that an illegal gathering of over
120 persons had been organized by five aliens, who had been cautioned by the local public
security authorities in accordance with the Regulations Governing the Religious Activities of
Foreign Nationals in China. No coercive measures were taken against the Chinese participants
in the gathering. The allegations of ill-treatment had been rejected by the authorities. In
connection with the January 1999 arrests, the authorities expressed the opinion that the lack of
detail in the communication made it impossible to conduct an investigation. China also recalled
that its legislation guaranteed freedom of religion and that all penalties were based not on
religious belief, but on offences against the rules on maintaining public security, disrupting
public order and adversely affecting other persons' lives.
27. According to other communications, in January 1999, the Tibetan Communist Party
Propaganda in Lhasa reportedly launched a three-year campaign to promote atheism in order to
undermine the influence of Buddhism and the Dalai Lama. In Beijing, in April 1999, over
10,000 members of the Falun Gong movement are said to have demonstrated in protest against
the arrest of a number of their fellow members who opposed the ban on their leader's writings.
The activities of Falun Gong are also reportedly banned in a number of towns in the north east.
In July 1999, the police reportedly organized a series of raids in at least 17 cities against
members of Falun Gong, destroyed statues of the community's founder and carried out arrests.
In May 1999, in the province of Hebei, the authorities allegedly organized a campaign to
suppress underground Catholic organizations. A priest celebrating mass in a private home was
E/CN. 4/2000/65
page 9
allegedly arrested by security forces and then found dead, while a seminary student was
reportedly arrested. In August 1999, in the province of Henan, security forces allegedly arrested
more than 30 leaders of Protestant organizations not recognized by the authorities.
Cyprus
28. According to various sources, the policy of intolerance and religious discrimination
in the territories under the control of the Turkish army is continuing. The church of
Panayia Chriseleousa in Katopia village is said to have been converted into a mosque, while the
oldest church in the village has reportedly been stripped of its contents. The church of
Saint Afxentios in Komi Kepir village has also reportedly been subjected to acts of vandalism,
including the theft of frescoes.
Comoros
29. The right to conscientious objection on religious grounds is allegedly not recognized by
law. The religious activities of Christians are said to be restricted when they are addressed to
Muslims.
Côte d'Ivoire
30. Muslims are reportedly discriminated against in the allocation of community radio
stations. Whereas the Catholic community is said to have received official approval for four
radio stations, the Muslims have allegedly been deprived of them in that the authorities made it a
condition that all the Muslim associations should agree to share a single radio frequency. An
agreement of this kind within the Muslim community, which has a wealth of diverse
associations, but cannot be likened to a single, hierarchized church represented by a single
official, is reportedly not possible. This situation, it is argued, prevents the establishment of
Muslim radio stations. In November 1998, 60 Seventh Day Adventists were reportedly driven
from their village by members of an ethnic group of the Harris faith.
Djibouti
31. The religious activities of non-Christians are reportedly confined to the private sphere by
reason of the ban on public preaching, particularly among Muslims. The legislation
guaranteeing the same rights to women and to men is said to be affected by religious traditions
attributed to Islam. Authorization by a man is reportedly necessary for a woman wishing to
travel abroad.
32. Djibouti rejected these allegations, stating that it is known as one of the most, if not the
most, tolerant of all the Islamic States. A number of important sites in the capital are
non-Muslim religious buildings in which believers can practise their faith freely. Djibouti, it
said, is characterized by the practice of tolerance and religious freedom.
United Arab Emirates
33. Christians are reportedly unable to undertake religious activities among Muslims.
E/CN.4/2000/65
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Eritrea
34. The right to conscientious objection on grounds of religious belief appears not to be
recognized in law. Eritrea explained that, under its legislation, military service is compulsory for
a period of 18 months, consisting of 6 months of military training and 12 months of civic
activities. It stated that no exemption was provided, except in the case of persons who had
fought in the national liberation war. The Special Rapporteur's comments on the
Republic of Korea are also relevant with respect to Eritrea.
Russian Federation
35. It is reported that, since 1996, the Moscow Northern Administrative Circuit Prosecutor
has brought charges on five occasions against the congregation of Jehovah's Witnesses in the
capital. The first four cases were abandoned for lack of evidence. In September 1998, new
charges were brought under the 1997 Act on Freedom of Conscience and Religious
Organizations in respect of the proselytizing activities of the Jehovah's Witnesses, which were
deemed illegal on the grounds that they foster religious discord and are a threat to Russian family
life. If this prosecution was successful, the registration of the Jehovah's Witnesses would be
revoked and their congregation would be banned in Moscow. The country was reportedly hit by
a wave of anti-Semitic attacks in 1999, particularly in the form of the desecration of tombs and
attacks on a synagogue and a Jewish leader. These incidents were condemned by
President Yeltsin.
36. The Russian Federation replied that, in 1998, the Russian judicial authorities
registered 44 new local Jehovah's Witnesses organizations and renewed the registration
authorizing 19 organizations. The leadership of the movement in Russia was registered with the
Ministry of Justice on 27 March 1991 and the registration was renewed on 29 April 1999. It was
stated that no act of discrimination on religious grounds committed by law enforcement or other
executive agencies against Jehovah's Witnesses had been reported in recent years. With regard
to civil proceedings against the Moscow Jehovah's Witnesses community, it was explained that
the court was considering a request by the Moscow Northern Administrative Circuit Prosecutor
for the dissolution of the community as a result of an investigation by the Prosecutor's Office
which revealed major incompatibilities between statutes of the Jehovah's Witnesses community
as registered and its day-to-day activities, as well as many complaints by private individuals,
especially parents whose children had been victims of action by the Jehovah's Witnesses
(incitement to racial hatred, suicide and refusal to accept medical care, forced destruction of the
family, etc.). It was hardly appropriate to draw conclusions about any persecution or the
dissolution of the Moscow Jehovah's Witnesses community because proceedings were under
way which guaranteed the rights of the defence and the investigation of the case had been
suspended when the court had ordered a complex evaluation of its religious, psychological and
linguistic aspects. The community continued to carry out its activities in the capital.
37. The authorities were also of the opinion that a more in-depth analysis of the
implementation of the new Act on Freedom of Conscience and Religious Associations would
show that its application had not led to violations of the rights of citizens or the principle of the
equality of religious congregations before the law. In that connection, it was stated that, on
1 January 1999, the Ministry of Justice and its territorial offices had registered 16,749 religious
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organizations belonging to more than 60 persuasions. Since the adoption of the law in question,
1,170 religious organizations belonging, inter alia , to the Catholic, Lutheran, Baptist,
Pentecostal, Adventist and Methodist churches, had been registered or had had their registration
renewed. The communities which received official authorization include the Neo-Apostolic
Church, the Mormons, the disciples of Vishnu (Krishna) and the followers of the Baha'i faith.
In 1998, the Government's Commission on Religious Associations concluded that the
above-mentioned Act was being implemented normally and that the religious situation was
stable.
Finland
38. The duration of alternative service for conscientious objectors gives the appearance of
being punitive. In a very detailed reply, Finland recalled, inter alia , that conscientious objection
was legally recognized in 1931 and that requests for conscientious objector status are approved
without any inquiry. As to the amendments to the Military Service Act (in 1998) and the
Civilian Service Act (in 1999) and following the reductions in the duration of certain forms of
military service, it was explained that Parliament had decided to maintain the duration of
non-military service. The duration of that civilian service had been discussed in Finland.
“Military service has been estimated to be more straining both physically and psychologically,
the actual daily/weekly time of duty is longer, there are fewer financial benefits and freedom of
movement and other aspects of personal freedom are more restricted. Furthermore, persons who
complete military service are under an obligation to do refresher training later. There is no
equivalent to this for persons performing civilian service. Due to the different nature of the types
of service, comparing is difficult. Finland will follow closely the functioning of the current
system.” Finland also took the initiative of indicating its position on the application of the
1981 Declaration in the area of education. The Special Rapporteur wishes to thank the
Government for its detailed, closely argued and balanced response and for the extremely useful
information relating to education.
Gabon
39. Notwithstanding a satisfactory situation in the area of freedom of religion and belief, the
community of Jehovah's Witnesses is reportedly subject to a government ban which is not
applied de facto, but is formally maintained, weakening the community in the long term. Where
women are concerned, some legislation, influenced by traditional beliefs, is said to be
discriminatory, in particular the requirement for a woman wishing to travel abroad to obtain her
husband's permission.
Georgia
40. The 1997 Alternative Service Act was apparently never applied or accompanied by the
mechanisms required for its implementation. The duration of the service established by law was
punitive in character. It was reported that the procedure for the restitution of religious property
confiscated during the Soviet era continued to be fraught with serious difficulties; it did not
apply to the Armenian and Catholic churches. It was reported that a famous Armenian church in
Tbilisi is still closed. Despite a court decision calling for the restitution of a synagogue to the
Jewish community, the building was allegedly still being used as a theatre by the occupants.
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Under pressure from the Georgian Orthodox Church, the authorities were making it difficult to
secure a permit to build places of worship for the Protestant and Armenian orthodox
communities.
41. Georgia replied that its Constitution and Penal Code guaranteed freedom of religion and
belief and the Government had taken positive measures in the area of human rights. No cases of
torture or arbitrary arrest on grounds of religion and belief had been reported and the authorities
were doing their best to guarantee the right to manifest one's religion and belief (meetings and
places of worship). It was pointed out that the educational system provided an understanding of
tolerance and respect for freedom of religion and belief, specifically through the study of human
rights, debates and lectures. There had been incidents in some parts of the country, but the
problem had been cleared up. With regard to the restitution of a synagogue, the Government
explained that the occupants were demanding payment for their repair work, alleging that it was
a religious study centre, that the building had been rented to a theatre company and not to the
State and that the two existing Thilisi synagogues were sufficient to accommodate the religious
rites of the Jewish community. It stated that the Catholic and Armenian churches had not
claimed restitution of their property in a court of law. It pointed out that they had no claims
against the Orthodox Church and that there was nothing to impede fulfilment of their request to
build new churches, provided that it was in keeping with the law. Lastly, it indicated that a place
of worship had been allocated to the Catholic Church in Tbilisi.
Greece
42. It is alleged that the municipality of Galatsi, a number of its residents and the officially
recognized Greek Orthodox Church are attempting to take possession of the Church of
Saint Savas in Panorama Galatsiou region, which belongs to the Old Calendarist Orthodox
Church, despite ajudgement in the latter's favour. Furthermore, members of the Old Calendarist
Orthodox Church are said to have been arrested and charged with disturbing a religious
gathering of persons who were in fact using their church illegally.
43. Greece replied: “On examination of the case of the property of the Church of Saint Savas
in the Panorama Galatsiou region, contested by the Orthodox Church and the Old Calendarists,
the competent Greek authorities have concluded that what seems like an act of religious
extremism in the information received by the Special Rapporteur is in reality a civil law
controversy, upon which the competent Courts of Justice have undertaken and, as acts liable to
punishment have taken place meanwhile, the case is pending before justice”.
44. According to a second communication, the Kassandra municipality in Halkidiki, with the
assistance of the Greek Orthodox Church, allegedly objected, through a campaign of hostility
among the population, to the construction of a lecture hall by the Jehovah's Witnesses, despite a
favourable decision by the Ministry of Education and Religious Affairs.
E/CN. 4/2000/65
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India
45. Violence against Christians, notably in Gujarat, Uttar Pradesh, Bihar, Orissa, Punjab and
Maharashtra states, is reportedly continuing in the form of attacks on places of worship,
property, churchgoers and clergy. This situation remains unchanged despite the assurances of
the country's highest authorities.
46. India made a request for more detailed information on these incidents that was dealt with
in a second communication. The Christian community is reportedly still feeling uneasy, not as a
result of isolated incidents, but of the resurgence of Hindu militancy and the Hindu attitude
towards minorities. In order to broaden their electoral base and thus their impact on the
population, militant Hindu groups are deliberately attacking the Christian minority and its
institutions in the education, health and social sectors because of their influence on the Indians,
especially those who are the most disadvantaged or living in remote areas of the country. Those
Hindu groups are allegedly using illegal methods and accusing the Christians of trying to convert
India to their beliefs. It is further alleged that they are conducting a hate campaign against
Christians through the media, pamphlets and posters. The campaign is allegedly being financed
by Hindu organizations abroad. Apparently, the authorities have not taken any specific measures
to remedy the situation. The chief perpetrators of the murder of Pastor Graham Staines and the
rape of nuns (see A154/386, para. 89) reportedly have not been arrested and, shielded by that
situation of impunity, there have been continuing attacks on Christians, such as the rape of two
girls, the abduction of another and the desecration of a place of worship. The women and girls
of the community seem to have become the chief targets of the militant Hindus. Women are
reportedly especially affected by discriminatory acts based on religion or religious traditions.
The “personal status” laws classify women as inferior. The “status laws” that apply to Muslims
apparently entitle men to unilateral divorce if they so desire, but not women. The “status laws”
that apply to Christians entitle men to seek divorce on grounds of adultery, whereas women have
to show proof of special abuse and claim redress under certain categories of adultery only.
Among Hindu women, although sati and the dowry are prohibited under customary law, these
traditions are apparently not totally eradicated in some rural areas.
47. A third communication referred to allegations of acts of vandalism in Mumbai in
June 1999 by members of Shiv Sena against Sacred Heart School, apparently in order to disrupt
Christian activities on behalf of children. A fourth communication alleged that a hate campaign
against Christians was still going on, primarily against missionaries and church institutions by
means of pamphlets and posters distributed in large quantities in towns. The campaign was
allegedly not being stopped by the authorities. A fifth communication drew attention to the
murder of a Catholic priest on 2 September 1999 by Hindu militants while he was allegedly
ministering to a gathering of Christian converts in the village of Jambani in Orissa's Mayurbhanj
district. It also reported an attack on 8 October 1999 in the state of Gujarat by Hindu militants
against Christian leaders from the Filadelfia Fellowship Church of India. The local police
reportedly arrested nine Christians and then released them on bail, while maintaining charges of
converting Hindus and involvement in anti-national activities.
* The former Hindu practice of a widow immolating herself on her husband's funeral pyre.
E/CN.4/2000/65
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48. India stated that the reply provided in the last report to the General Assembly
(A154/386, para. 89) was also valid in the case of some of the general points made in the
allegations and in the case of the rape of nuns. With regard to the Graham Staines case, it was
stressed that the authorities had taken measures, namely, the establishment of a commission of
inquiry and inquiries by the National Human Rights Commission; since the commission of
inquiry had submitted its report, the Government had undertaken to adopt the appropriate
measures. The measures taken by the Government to promote communal harmony and
safeguard the interests of minorities include: guidelines to the States for promotion of communal
harmony; assistance to the States in the form of sharing of intelligence, sending advisories and
deployment of Central Paramilitary Forces for the maintenance of law and order; a Rapid Action
Force exclusively for curbing communal violence; request to the States to constitute National
Integration Committees at the State and District levels; Religious institutions (Prevention of
Misuse) Act, 1998 and the Places of Worship (Special Provision) Act enacted by the Central
Government; financial assistance to voluntary organizations and NGOs for discouraging
communal ill-will and for mobilizing people in the cause of communal harmony; a Minority Cell
set up in 1996 to look into the incidents of atrocities against minorities; a National Commission
of Minorities set up to look into the interests of minorities; a National Foundation for Communal
Harmony set up to provide assistance for the rehabilitation of victims of communal riots;
institution of two Communal Harmony Awards and the “Kabir Puraskar” award to honour
individuals who display conspicuous acts of moral courage in saving the lives of persons of
another community during communal riots.
Indonesia
49. It is reported that, in December 1998 in Jakarta at the beginning of Ramadan,
approximately 1,000 Muslims attacked Catholic and Protestant places of worship, as well as a
Catholic school. It seems that these incidents were finally halted by the police and the army. In
November 1998, sectarian clashes allegedly resulted in the deaths of 13 Christians and the
destruction of churches and mosques. These events are said to have occurred in part because of
religious extremism affecting the Muslim and Christian communities.
50. In Minangkabau in March 1998, a Muslim girl allegedly expressed the wish to convert to
Christianity following a meeting with Christians. For fear of being punished by her family, she
reportedly moved to Malang, East Java, where she allegedly continued her education and then
returned to her family in August 1998. In June 1999, however, a Christian living in
Minangkabau was arrested and accused of kidnapping and raping the girl. After a media
campaign against Christians living in Minangkabau, the man was allegedly accused of forced
conversion and blasphemy and the accusations were reportedly extended to all Christians.
Groups are said to have intimidated Christians, while the authorities allegedly arrested Christian
leaders in July 1999. In Jakarta, moreover, Muslim organizations allegedly brought a libel suit
against ajournalist who had written an article on the riots against women and girls belonging to
the Chinese community in May 1999. A police summons was then issued against the reporter,
who is said to face a penalty of five years' imprisonment.
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Iran (Islamic Republic of )
51. There was an urgent appeal about the arrest of 13 members of the Jewish community,
including rabbis and religious teachers, in the cities of Shiraz and Ispahan. They were reportedly
accused of spying for Israel and the United States, whereas the real reason they were arrested
was that they were Jewish.
52. The Islamic Republic of Iran replied that the suspects arrested for spying included both
Christians and Muslims and that the investigation and the arrest had taken place without regard
for their religious beliefs and were instead a matter of safeguarding national security. A
communiqué from the Jewish community was also transmitted stating that, like every other
religious minority, that community was well treated by the Islamic Republic of Iran and enjoyed
the constitutional rights of citizenship and that the arrests and charges against certain Iranian
Jews had nothing to do with their religion. Foreign press releases were also transmitted.
53. A second communication referred to allegations that the main organizer of the murders of
Pastors T. Michaelian, M. Dibaj and H. Hovsepian (see the mission report on Iran,
E/CN.4/1996/95/Add.2, paras. 79 to 85, and document E/CN.4/1995/91, paras. 63 to 65) was
Said Emami, who reportedly worked for eight years in a high-level post in the Ministry of
Security. This information was allegedly publicly disclosed by the Iranian press and by
members of Parliament so that an investigation would be conducted.
54. The urgent appeal sent to Iraq concerned the assassination of Ayatollah Mohammad
Sadeck al-Sadr and his two sons and the subsequent demonstrations by Shiites in the suburbs of
Baghdad and in Kerbala and Nassiriya. This appeal also drew attention to allegations of
repression by the armed forces (25 persons assassinated and 250 injured in Baghdad).
55. The Government of Iraq replied that it was committed to guaranteeing the freedom of its
various communities and religions and the security of their national and religious symbols, in
accordance with the rights and guarantees of the Constitution and national legislation. The
guarantee of the security of all Iraqi citizens was the responsibility of the State and its people.
The murder of Ayatollah Mohammad Sadeck al-Sadr was a great loss for Iraq, since he had been
a great imam and an authority on Islam, devoted to education, prayer, national unity and the fight
against forces hostile to Iraq. In particular, he had called for ajihad against the imperialist forces
that were oppressing the Iraqi people by means of an economic blockade and air strikes. It was
stated that those making accusations against Iraq without waiting for the results of the
investigation under way were the same persons who had accused the Iraqi Government of
imposing Ayatollah Mohammad Sadeck al-Sadr as a religious leader. Iraq asked how its
Government can be accused of the murder of this dignitary when he had condemned the allies of
the United States of America and the United Kingdom of Great Britain and Northern Ireland,
who, styling themselves the “Iraqi opposition”, were seeking the financial support of the
American Administration for the purpose of sowing discord in Iraq. The United States and its
allies should be the subject of the accusations. The allegations of demonstrations and arrests
were disputed. It was stated that Arab and foreign news services that had visited the areas
concerned had reported that the situation was calm and normal. The results of the investigation
under way would be communicated. The Special Rapporteur awaits them with interest.
E/CN.4/2000/65
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Israel
56. Ultra-orthodox Jews are said to be creating a climate of intolerance in Israel. In
November 1998, in Kiryat Malachi, an American couple engaged in humanitarian work with
Ethiopian immigrants was allegedly attacked by young ultra-orthodox Jews who suspected them
of proselytizing. In the town of Beersheba, 1,000 ultra-orthodox Jews ( haredim) , acting on a
rumour spread in the synagogues alleging that the Messianic Jews intended to baptize Jewish
children, are reported to have laid siege to the place of worship rented by the Messianic Jews.
The police apparently guarded the building in order to maintain order, but subsequently told the
leaders of the congregation that they must protect the area themselves. A chief rabbi from
Beersheba spoke on television and in the newspapers of his opposition to the Messianic group
and its activities. It would seem that this person is in fact the brother of a member of the Knesset
who supported a draft law banning religious conversion (E/CN.4/1998/6). In Mea Shearim,
ultra-orthodox Jews allegedly attacked the residence of three Swiss Christians, whom they
accused of proselytizing. Despite the absence of any reply by Israel, the Special Rapporteur
wishes to recall the responsibility of the State in the fight against intolerance and discrimination,
in this instance, in respect of freedom of religion.
57. The Israeli Government and the military administrations are said to be pursuing a policy
aimed at forcing the Christian communities out of Jerusalem. The Palestinian Christians of
East Jerusalem are allegedly being stripped of their right of residence by having their identity
cards confiscated and very few drivers' licences issued to them, the purpose being to raise the
prices of housing and encourage the building of illegal housing which could then be demolished.
All the Christian communities of Jerusalem are reportedly losing members as a result of the
policies and practices described above. Women sometimes suffer discrimination in matters of
divorce. Rabbinical courts deliberately give preference to men, for example, by allowing a
husband to remarry notwithstanding his wife's dissent or by not penalizing a husband who
refuses to consent to a divorce despite the sound and well-founded reasons given by the wife.
Similarly, some Islamic courts reportedly deny any request for divorce from a wife, but grant it
to any man notwithstanding his wife's dissent.
58. Israel replied as follows to the communication on women: “Israel recognizes the
jurisdiction of the rabbinical courts over all Jewish citizens and residents in matters of personal
status. In this context, the rabbinical courts are given exclusive jurisdiction in cases of marriage
and divorce. The same applies, mutatis mutandis , to the other recognized religious communities
in Israel, in which the respective religious courts apply their own religious laws to members of
their communities in matters of ‘personal status'. In principle, therefore, civil courts do not
interfere in these cases. However, Israeli legislators are seeking creative ways to adjust the
implementation of religious law to the dynamic reality in Israel, where democratic human rights
and religious values are basic tenets of the State. As a preliminary comment, it must be noted
that preserving religious law in Israel, particularly in matters of family and divorce, is considered
to be an important component of Israeli law. Consequently upon acceding to the International
Covenant on Civil and Political Rights as well as to the Convention on the Elimination of All
Forms of Discrimination against Women, Israel entered a reservation explaining that in Israel,
matters of personal status are governed by the applicable religious law of the parties concerned,
and to the extent that such law is incompatible with its obligations under these conventions,
Israel reserves the right to apply that law. In principle, Israeli law applies equally to men and
E/CN. 4/2000/65
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women in matters of divorce. Both are required to obtain their spouse's consent in order for the
divorce to become valid. According to the Jewish religious law (the Halacha), two forms of
divorce exist: the first is obtained by both spouses' consent, while the other is a divorce imposed
by a ruling of the religious court and requires the husband or the wife to grant the divorce. Such
a ruling may be granted once a cause of action specified in the Halacha is shown to exist. Such
causes of action include: adultery, refusal to engage in conjugal relations and, in certain cases,
where the couple is incapable of having children. However, even where the rabbinical court
rules in favour of granting a divorce, the marriage is not dissolved simply by the court's order.
There remains the requirement of the spouse's symbolic action of granting the divorce under the
supervision of the court. Difficulties in the divorce process can arise at this stage in cases where
a spouse, usually the husband, refuses or is unable (due to legal incompetence or disappearance)
to grant the divorce. In order to overcome these difficulties, legislation has been adopted which
aims to ensure the enforcement of the rabbinical court's divorce rulings. Thus,
the 1995 Rabbinical Courts Jurisdiction Law (enforcement of divorce rulings) enables the district
rabbinical courts to impose severe civil sanctions on men or women who refuse to grant a
divorce in contempt of the court's ruling. Such sanctions include, inter alia , cancellation of
driver's licences, limitations on exit from the country and even jail. However, in order to impose
any sanction on a wife who refuses to grant a divorce, the law requires the preliminary approval
of the President of the Supreme Rabbinical Court. Statistics clearly show that rabbinical courts
do not hesitate to apply sanctions pursuant to the 1995 law mentioned above, whenever possible.
In 1996, these sanctions were applied in 50 cases. Such sanctions were applied in 106 cases
in 1997 and in 163 cases in 1998. Furthermore, two husbands who refuse to grant a divorce to
their wives are currently in prison due to their refusal. With regard to the assertion set forth in
your letter concerning the hardships encountered by Muslim women in cases of divorce, it
should be noted that the Shari'a Courts have exclusive jurisdiction in this matter over all
Muslims, with modifications deriving from Israeli legislation in specific matters. Generally,
mutual consent to divorce is required for the divorce to become valid. In cases where mutual
consent to divorce cannot be obtained and the matter reaches the court, Shari'a calls for the
appointment of an arbitrator on behalf of each of the spouses, who in turn seeks ways for
reconciliation. If the reconciliation process is unsuccessful then, subject to the judge's ( Ouadi )
approval, the divorce comes into effect.”
59. In another communication, the Special Rapporteur referred to allegations of serious cases
of intolerance on the part of a Muslim family against the Armenian Patriarchate of Jerusalem in
connection with its religious activities at its Mount of Olives property. The family reportedly
stoned Armenian faithful during celebrations of Ascension and the Divine Liturgy, seriously
damaged the Patriarchate's property and even threatened, including with death, Armenian
leaders in order to take possession of Armenian religious property. The Muslim family was in
fact allegedly trying to declare the Armenian property as a mosque. During these incidents, the
Armenian Patriarchate reportedly tried unsuccessfully to settle these problems with the Muslim
family. The Israeli police were allegedly kept informed, but apparently did not take the
necessary security measures.
Kazakhstan
60. In addition to a media campaign spreading a message on the supremacy of traditional
religions and calling for bans on other communities, the authorities were allegedly targeting
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these groups (such as the Charismatic Evangelical Church of Christ and Jehovah's Witnesses)
through the harassment of their members and/or the denial of registration. Two women lecturers
at the University of Taraz were reportedly moved to lower positions because they had converted
from Islam to Christianity and because their beliefs were regarded as not being in keeping with
the State ideology; they were allegedly warned that their contracts would not be renewed. A
draft bill by the Ministry of Culture, Information and Social Affairs was said to be designed to
strengthen State control over the activities of non-traditional religious associations: one
provision prohibited independent publications and proselytizing activities by foreign religious
organizations. A variety of grounds for a court to suspend the activities of religious associations
was also proposed. The wording, i.e. “to cause harm ... to the morals and the health of citizens”,
“coercion leading to the destruction of the family”, was, however, said to be vague.
Kuwait
61. Despite some progress with regard to women's rights, women were said to be adversely
affected by certain laws based on religious criteria. They reportedly suffered discrimination in
the following respects: the consent of the husband was compulsory if the wife sought to obtain a
passport; marriage between Muslim women and non-Muslim men was prohibited; and, in the
Islamic courts, the testimony of one man was equivalent to that of two women.
62. Kuwait replied: “The competent Kuwaiti authorities first wish to stress that Kuwaiti
society, whose foundations are built on justice and equality, firmly rejects all forms of
discrimination and segregation and does not discriminate between men and women, who enjoy
the same rights and freedoms guaranteed by the Constitution. Article 7 of the Constitution
makes the principle of equality one of the basic foundations of Kuwaiti society, article 29
provides that all men are equal in dignity and the preamble makes equality one of the basic
pillars of Kuwaiti society. With regard to allegations that provisions of the legislation of the
State of Kuwait involve discrimination against women, namely, that the testimony of one man is
equivalent to that of two women, and that marriage between Muslim women and non-Muslim
men is prohibited, the Kuwaiti authorities wish to state that these precepts are based on the
provisions of the noble Islamic Sharia, which is one of the main sources of legislation. Thus,
article 2 of the Kuwaiti Constitution provides that: ‘The State religion is Islam and the Sharia
one of the main sources of legislation'. Kuwait is guided by the Sharia and draws inspiration
from its provisions in the laws it enacts in all areas relating to the rights and duties of the
members of the Muslim community, as is the case in all Islamic States. With regard to the fact
that the testimony of one man is equivalent of that of two women, this principle is applicable not
in all cases, but in certain specific situations provided for in Islamic legislation, which does not
make any distinction between the testimony of a man and that of a woman in civil, commercial
and criminal law matters. The prohibition on marriage between Muslim women and
non-Muslim men reflects the wisdom of Islamic legislation, based on the fact that men are the
guardians of women and their offspring and taking account of the details given in the texts of the
ikth (Islamic writings). The requirement that women have to have their husbands' consent to
obtain a passport confirms the need to protect the family and safeguard its structures in
accordance with the provisions of the Sharia.”
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Malaysia
63. Christians are allegedly subjected to restrictions on all religious activities vis-à-vis
Muslims. Despite progress in the legislation governing property and divorce, non-Muslim
women reportedly suffer discrimination under the “personal status” laws.
Maldives
64. Protestants are reportedly forbidden to practise their religion in public because the
conversion of Muslims to another religion is allegedly prohibited. The conversion of Muslims is
said to be punishable by loss of citizenship.
Mauritania
65. Protestants are said to be subjected to restrictions on all religious activities vis-à-vis
Muslims.
Mexico
66. In June 1999, in Chiapas, traditional rural leaders reportedly destroyed Protestant
temples, while Protestant families were allegedly detained arbitrarily and threatened with
expulsion.
Mozambigue
67. Despite the progress made by the Government, the restitution of property confiscated
from the Catholic Church and the Muslim community in 1975 following the attainment of
independence has not been completed.
Myanmar
68. The authorities are reportedly pursuing their policy of intolerance and discrimination
against minorities: Muslims in the states of Arakan and Karen and Christians in the states of
Chin and Karen. In January 1999, the activities undertaken by the Christian community of Chin
to commemorate the centenary of Christianity were allegedly opposed by the military by various
means, such as prohibiting the erection of a cross on Vuichip mountain, arrests of clergy and the
refusal to grant visas to foreign guests. Myanmar's reply is still awaited.
Nepal
69. It is alleged that, in November 1998, in Rukum, the police executed two Christian leaders
of the Taka Church, whom they suspected of belonging to the Maoist organization waging a civil
war in remote areas of Nepal. It would appear that the Christian community is in fact subjected
to pressure by Maoists hostile to their religious practices, by the police, who execute Christians
suspected of being Maoists, and by Hindu militants of the Bharatiya Janata Party, who target
Christians.
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70. Nepal replied as follows: “On 20 November 1998, when some terrorists came to attack
the police post in Takssera of Rukum District, the police security personnel present in the police
post tried to stop them by counselling and advising. But without listening to their advice, these
terrorists in return started to advance to attack the police security personnel. The police security
personnel then warned them and tried to stop them. But when these terrorists without heeding
these warnings advanced towards the police post to wage armed attack, the police security
personnel were compelled to open fire. Mr. Gopal Buda, Ward N.3, Takssera Village
Development Committee of Rukum and Mr. Sukhram, Ward N.3, Takssera Village Development
Committee of Rukum, died in this incident.”
71. In August 1999, a Christian, who was allegedly mentally disturbed, is said to have
desecrated a Hindu temple in Janakpur and claimed that Jesus had asked him to do so. He was
reportedly handed over to the police by local Christians, who condemned this incident.
However, Hindu groups allegedly demanded the arrest of employees of a local Christian
hospital. Four persons were reportedly detained and interrogated by the police and later
released. A Hindu committee allegedly submitted a memorandum to the King urging him to ban
the preaching of Christianity in Nepal. Hindu extremists reportedly attacked the local Protestant
church. Nepal's reply is still awaited.
Niger
72. The legal status of women is said to be unfavourable. A draft family code aimed at
eradicating all discrimination with regard to the ownership of property and the custody of
children in the event of divorce, as well as the practice of repudiation, was reportedly blocked by
the hostility of extremist Muslim organizations. Women supporting this draft have allegedly
been threatened by extremists invoking Islam.
Nigeria
73. The authorities of Kano State in northern Nigeria allegedly informed the Christian
community that 150 buildings used as places of worship without the Government's approval
would have to stop their religious activities. Christian representatives allegedly protested against
this decision, which is perceived as discrimination, since it has allegedly not been applied to
illegal Muslim places of worship. It is further alleged that the Emir of Ilorin, capital of Kwara
State, called on the Government to ban the sale of land for the construction of churches and to
relocate all churches outside Ilorin.
Uganda
74. The national legislation reportedly does not guarantee the right to conscientious objection
on grounds of religious belief
Uzbekistan
75. An official of the Seventh Day Adventists was reportedly arrested in November 1998 on
the grounds that his congregation was not registered and that he had no pastoral qualifications.
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He is said to have been released after paying $1,000 and to have left the town where he was
arrested. In the town of Navoi, the Seventh Day Adventists are reported to have built a church
which the authorities are refusing to register.
76. In a detailed reply dealing with the case referred to above, Uzbekistan explained that the
individual in question had violated the legislation on religious organizations by reason of the
activities he engaged in without the Seventh Day Adventists being officially registered in the
town of Karshi. It confirmed that he had been sentenced to a fine in accordance with the Code
on Administrative Responsibility and explained that he had left the town to return to his place of
residence. It added that the Seventh Day Adventists were registered by the Justice Department
in Navoi region on 13 January 1999. In that respect, the Government explained that any
religious organization could be established on the initiative of at least 100 citizens aged 18 or
over and permanently resident in the territory. For the coordination and supervision of religious
activities, a central administrative body could be established by the Constituent Assembly of
representatives of the religious organization registered, operating in at least eight territorial
divisions of Uzbekistan. A religious organization acquired legal status and could carry on its
activities only after being registered by the Ministry of Justice and its representatives in the
province. The Special Rapporteur wishes to draw attention to the fact that regulation of the
exercise of worship, while being useful and very often necessary, must not constitute an obstacle
to freedom of religion.
77. According to other communications, several Jehovah's Witnesses are said to have been
arrested and fined and even imprisoned for religious activities which were illegal because they
had not registered their congregation. In June 1999, four converts from Islam to the Christianity
of the unregistered organization “Full Gospel Church” were allegedly sentenced to lengthy
prison terms for drug possession, whereas the case was apparently a police set-up forming part of
a strategy to combat the rise of Christianity among the population. In June 1999, one person was
allegedly arrested for distributing Christian pamphlets to soldiers during a stopover at Nukus
airport.
Pakistan
78. In Karachi, four men were reportedly murder by Shiites in January 1999 while at prayer
in a mosque. The police are said to have arrested members of the Sipah-e-Sahaba extremist
group, who reportedly denied any responsibility. In December 1998, a bomb is said to have
exploded in the cathedral, injuring a worshipper. In addition, an Ahmadi was reportedly
murdered by a member of an anti-Ahmadi organization.
79. Muslim extremists are reportedly still using the blasphemy acts against the Ahmadi
community. These extremists are said to have threatened the police in order to make them
register their complaints about blasphemy. In Karachi, a Muslim woman who converted to
Christianity was allegedly harassed by Muslim clerics and other Muslims. The woman's
children are said to have been expelled from their schools because of her conversion. The police
were informed of these developments, but allegedly took no action. The curriculum of
secondary schools apparently includes mandatory Islamic instruction for Muslim students, who
must take exams on the subject. Reportedly, students from non-Muslim communities are denied
this opportunity with regard to their own religions. Students in non-Muslim private schools can
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receive religious instruction, but this is not officially recognized at the national level. In
May 1999, in Punjab, a woman was allegedly murdered for belonging to the Ahmadi
community.
Peru
80. Following an order of May 1998 amending the legislation on exemption from property
tax for religious organizations recognized by the State, a number of Christian congregations,
particularly Evangelist ones, reportedly ceased their activities because of the absence of financial
resources needed to pay taxes. In Lima, some of these organizations are said to have filed a
complaint against the municipal authorities on the grounds that the order did not apply to the
Catholic Church, and that was contrary to the constitutional principle of equality before the law.
81. Peru sent a report to the National Human Rights Council on the tax regime applicable to
the immovable property of religious organizations. The Council concluded that there is no
discrimination against non-Catholic religious organizations, since the exemptions provided for in
Legislative Decree No. 776 are applicable to all religions.
Syrian Arab Republic
82. The right to conscientious objection on grounds of religious belief is reportedly not
recognized by law. Syria replied that there were no cases of conscientious objection on grounds
of religion and belief in its territory. The Special Rapporteur thanks Syria for its reply and
would like to know whether Syrian legislation guarantees conscientious objection.
83. The Seventh Day Adventists are said to be requesting the restitution of their religious
property confiscated in 1969. They would reportedly like to be able to resume their activities in
Syria.
84. Syria replied that the Seventh Day Adventist Church was a “sect” practising strange rites
that were unrelated to Christianity and other religions. Following complaints by all the Christian
churches against the practices and ideas of this “sect”, which are perceived as being contrary to
Christian beliefs and designed to create divisions between Christians, the authorities decided in
the 1960s to close the premises used by this “sect” without authorization. It was explained that,
except for three persons who are now very elderly, all the members of the “sect” have left Syria.
Syria concluded that all religious communities, whether Muslim, Christian or Jewish,
nonetheless carry out their activities and worship in entirely normal conditions and in full
freedom.
Republic of Korea
85. The national legislation reportedly does not guarantee the right to conscientious objection
on grounds of religious belief
86. In its reply, the Republic of Korea emphasized the importance it attaches to freedom of
religion and belief, while recalling its sovereign right and responsibility for the defence of the
territory and the maintenance of public order in conformity, according to its representatives, with
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the provisions of article 29 of the Universal Declaration of Human Rights providing for
limitations for purposes of public order and the general welfare. The unique security situation of
the Korean peninsula made the maintenance of a system of compulsory and universal
conscription inevitable. The introduction of an alternative form of service would be difficult
because public opinion was sensitive to equity in the performance of military service.
87. The Special Rapporteur, while understanding the concerns of the Republic of Korea,
wishes to recall that the United Nations Commission on Human Rights, in several resolutions,
such as resolution 1998/77, recognized the right of everyone to have conscientious objections to
military service as a legitimate exercise of the right to freedom of thought, conscience and
religion as laid down in article 18 of the International Covenant on Civil and Political Rights and
General Comment No. 22 (48) of the Human Rights Committee. It also reminded States with a
system of compulsory military service, where such a provision has not already been made, of its
recommendation that they provide for conscientious objectors various forms of alternative
service which are compatible with the reasons for conscientious objection, of non-combatant or
civilian character, in the public interest and of not punitive nature. Moreover, it should be
pointed out pursuant to article 4 of the International Covenant on Civil and Political Rights,
freedom of belief cannot be subject to limitations, on the understanding that it is distinct from
freedom to manifest a belief, which can be subject to limitations as provided for by international
law.
Lao People's Democratic Republic
88. In February and March 1999, 25 Evangelists were reportedly arrested for practising their
religion and, in particular, for their alleged proselytizing activities. The police reportedly made
their release conditional on the signature of a statement that they would give up their Christian
faith.
Republic of Moldova
89. The legislation reportedly makes no provision for alternative service for conscientious
objectors, who can allegedly be imprisoned. The authorities apparently refuse to register the
Jehovah's Witnesses as a recognized religion, mainly because they object to military service.
The Baptist Church, which has allegedly met with a similar refusal, is said to be forbidden to
distribute its literature and to organize public meetings. The legislation apparently prohibits
forced proselytism, but is said to contain vague definitions. Reportedly, the local authorities,
under pressure from the Orthodox Church, have refused to allow the Seventh Day Adventists to
rent public buildings for religious activities.
90. The reply states that the Constitution guarantees freedom of conscience and worship
according to the law. It also states that a law on alternative service was adopted in July 1991.
The Jehovah's Witnesses and the Union of Baptist Churches were registered on 27 July 1994 and
2 May 1995, respectively.
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Dominican Republic
91. Members of the national police must allegedly attend Catholic mass. The Catholic
Church is said to be given preferential treatment by the Government, especially with regard to
the granting of public funds for church expenditures and tax exemptions on imported goods.
Democratic People's Republic of Korea
92. Buddhist and Christian religious organizations and places of worship have reportedly
been established by the authorities for political purposes and are intended for foreign visitors,
tourists and religious officials. Access to these places of worship by nationals, who are said to
regard them merely as tourist sites intended for foreigners, is allegedly strictly monitored.
Samoa
93. Despite the constitutional provisions guaranteeing freedom of religion and worship,
village councils in fact sometimes engage in discriminatory behaviour, including the expulsion
of people not sharing the belief prevailing in the village and the destruction of their property.
Sudan
94. In August 1999, a Canadian Catholic priest was expelled without explanation by the
Immigration Department. The Special Rapporteur also requested information once again on the
situation of two Catholic priests, Father Lino Sabbat and Father H. Boma, who were arrested by
the security forces in August 1988 and accused of involvement in the Khartoum explosions in
June 1998 (E/CN.4/1999/58, para. 96).
Sri Lanka
95. Two Seventh Day Adventists, including a pastor and pastor's son, were reportedly
arrested in 1998 and are said to have been detained since then on the basis of apparently
unjustified suspicion of involvement in terrorist activities. The Special Rapporteur would like to
receive the views and comments of the Government of Sri Lanka as soon as possible.
Taj ikistan
96. The national legislation reportedly does not guarantee the right to conscientious objection
on grounds of religious belief
Turkmenistan
97. The President of the Central Asian Conference of Seventh Day Adventists has reportedly
had books written by him confiscated. This congregation is said not to have been registered by
the authorities in the town of Ashgabat. hi Turkmenbashi in March 1999, moreover, a member
of the Baptist congregation was reportedly sentenced to two years' imprisonment for fraud,
whereas the real reason was apparently that he belonged to the Baptist church. He and his family
had reportedly already received threats from the security forces if they did not leave the Baptist
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congregation, which was banned by the security forces. In April 1999, in Chardzhev, a
Jehovah's Witness was sentenced to two years' imprisonment on the grounds of his
conscientious objection.
Ukraine
98. The duration of alternative service for conscientious objectors is apparently punitive in
nature. Moreover, it is said that only members of officially registered religious communities
whose doctrines prohibit military service can perform alternative service. Christian communities
which are not indigenous to Ukraine reportedly encounter difficulties. The legislation on
freedom of conscience and religion apparently states that the religious activities of foreigners
must be confined strictly within the framework of the host organizations and must be approved
by the authorities which registered the congregations concerned. The procedures for the
registration of religious organizations originating outside Ukraine were said to be delayed by the
local and regional authorities, and this allegedly impedes the acquisition of property. The
Seventh Day Adventists reportedly encounter difficulties in educational institutions in the case of
examinations scheduled for the Sabbath. The same problem apparently arises in the workplace.
Viet Nam
99. In May 1999, in Hanoi, the security forces allegedly interrupted a bible meeting in a hotel
which was being sponsored by the Assemblies of the Church of God: the 20 participants in this
religious activity were allegedly arrested for disturbing public order; 18 of them were then
released. Reverend Paul Tran Dinh Ai was reportedly held in detention for one month with no
indication of the specific charges against him. The Christian communities in the province of
Binh Phuoc allegedly applied to the authorities for authorizations to build new buildings
intended for worship because the places of worship they had been using until then were
dilapidated and in order to meet urgent needs resulting from the increase in the number of
followers. No permission was reportedly granted by the authorities and the followers therefore
built a place of worship without authorization, in order to cope with the emergency. In
June 1999, police officers, soldiers and other law enforcement officials reportedly destroyed the
building and threatened to destroy others and to arrest anyone involved in the unauthorized
construction of places of worship. In September 1999, in Ho Chi Minh City, the bonze Thich
Nhat Ban was reportedly arrested twice by the police on charges of belonging to an illegal
organization, the United Buddhist Church of Viet Nam (EBUV), and trying to overthrow the
Government. Several of his EBUV documents were confiscated. He allegedly stated that the
intention of the United Buddhist Church of Viet Nam was not to undermine the State, but to
enjoy freedom of religion. The bonze Thich Tue Sy, Secretary-General of the EBUV Dharma
Propagation Institute, was reportedly also interrogated by security officials who accused him of
attempting to overthrow the Government. A diskette that belonged to him and contained
translations of sutras and EBUV documents was allegedly confiscated.
100. Viet Nam replied in connection with the case of Reverend Tran Dinh Ai, stating that the
incident had already been settled in May 1999. The competent Vietnamese authorities
confirmed that he was not under arrest.
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Yemen
101. The right to conscientious objection on grounds of religious belief is reportedly not
recognized by law.
102. Christian communities reportedly cannot engage in religious activities vis-à-vis Muslims.
The correspondence of the clergy is apparently sometimes monitored by the authorities in order
to prevent any proselytism. Women are allegedly affected by certain laws, which seem to be
based on religious rules: in particular, a woman wishing to obtain a passport and travel abroad is
said to need the permission of her father or husband.
Late replies
103. The late replies to the communications sent for the fifty-fifth session of the Commission
on Human Rights by Bulgaria, China, Egypt, Germany, India, Iran (Islamic Republic of),
Malaysia and Sudan were reflected in the report to the fifty-fourth session of the
General Assembly (A154/386). The Special Rapporteur also received two replies from
Azerbaijan and one reply from India after the submission of that report to the General Assembly.
Azerbaijan (E/CN.4/1 999/58, para. 34)
104. Azerbaijan stated that Pastor Zaur Balayev, a Muslim who converted to Christianity,
had never been detained or imprisoned. It also referred to the provisions of the Constitution
and the legislation on freedom of religion and belief, explaining that 200 mosques, more
than 50 Christian communities and churches and S synagogues were registered in Azerbaijan,
while there were also active communities, institutions and religious centres belonging to
Muslims from the Caucasus, Russian Orthodox churches, Evangelists, Baptists, Adventists, the
Saving Grace Association, Krishnas and Baha'is. Hundreds of unofficial religious groups were
also active, 60 of which were Christian. With regard to the Jehovah's Witnesses, Azerbaijan
stated that the denial of registration of their association was based on the fact that the documents
submitted did not meet the legal requirements on freedom of religion. The conclusions of the
Religious Affairs Department and information brought to the attention of the Ministry of Justice
show that quite a large share of the propaganda work of the followers of this association involves
insulting and denigrating other religions, inciting non-respect for the laws of the country and
insubordination and not recognizing the outward signs of the authority of the State. It was
explained that one of the association's leaders had been arrested by the police for attempted
corruption aimed at having the association registered and that he had been given a suspended
sentence by a court. It was specified that, according to article 18 of the Constitution, “the
dissemination of and propaganda for religions contrary to the dignity of the individual and the
principles of mankind are prohibited” and that, under article 1 of the Freedom of Religion Act,
“the exercise of freedom of religion may be restricted only on grounds of State security and
public order and in the event of a need to protect rights and freedoms in accordance with the
international obligations of the Azerbaijani Republic”. Lastly, it was stated that the Jehovah's
witnesses had never been prosecuted for their religious opinions by the authorities.
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India (E/CN.4/1999/58, para. 62)
105. India's reply reads as follows: “(a) Reply to first allegation: while certain political
parties and groups might have stalled legislation relating to reservation of seats for women in
Parliament, it would be incorrect to state that these political parties and groups represent a
particular religion; (b) Reply to second allegation: Inquiries made in the matter revealed that
Ms. Zeenat Naaz was elected mayor of Deoband, Uttar Pradesh in October 1995. On
30 March 1996 in a meeting of the Board, all the members expressed dissatisfaction with the
manner of functioning of the mayor. There was a conflict between the mayor and the members
and on 19 January 1998 all the members passed a vote of ‘no confidence' against the mayor.
Ms. Zeenat also filed a writ in the State High Court against the decision. The High Court (vide
its order dated 27 February 1998) disallowed the writ petition filed by Ms. Zeenat and ordered
counting of the votes polled in the ‘no confidence' motion. On 6 March 1998 the vote of no
confidence was passed and an order to this effect was pasted on the house of Ms. Zeenat. As per
regulation, after three days the deputy mayor of Deoband took up the charge as mayor of
Deoband. Ms. Zeenat filed a special appeal in the Supreme Court against this decision. Earlier a
writ filed by Ms. Zeenat in the High Court against the vote of confidence was disallowed by the
High Court. The Honourable Supreme Court has not yet taken any notice of the special appeal
filed by Ms. Zeenat.”
106. The Special Rapporteur has still not received replies to the communications sent in
connection with the report to the fifty-fifth session of the Commission on Human Rights from
the following States: Albania, Angola, Cyprus, Democratic People's Republic of Korea,
Georgia, Ghana, Iraq, Kazakhstan, Latvia, Mali, Mauritania, Pakistan, Republic of Moldova,
Russian Federation, Spain, Sudan (communication relating to the disappearance of a convert),
Turkmenistan, Ukraine and Yemen. The Special Rapporteur would like to receive the replies of
these States as soon as possible in order to avoid having to draw attention to the lack of replies
every time.
II. FOLLOW-UP TO INITIATIVES OF THE COMMISSION ON
HUMAN RIGHTS CONCERNING THE WORLD CONFERENCE
AGAINST RACISM AND THE RESOLUTION ON DEFAMATION,
AND THOSE OF THE SPECIAL RAPPORTEUR CONCERNING
STUDIES, LEGISLATION AND THE CULTURE OF TOLERANCE
A. Initiatives of the Commission
1. World Conference Against Racism
107. In its resolution 1999/78 entitled “Racism, racial discrimination, xenophobia and related
intolerance” the Commission on Human Rights requests the High Commissioner for Human
Rights to invite the Special Rapporteur on religious intolerance to participate actively in the
preparatory process and in the World Conference by initiating studies on action to combat
incitement to hatred and religious intolerance. In resolution 1999/39 entitled “Implementation of
the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief', the Special Rapporteur is invited to contribute effectively to the preparatory
process for the World Conference and to forward to the High Commissioner his
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recommendations on religious intolerance which have a bearing on the World Conference
(para. 7). Lastly, in resolution 1999/82 entitled “Defamation of religions”, the Commission,
expressing concern at any use of the print, audio-visual or electronic media or any other means to
incite acts of violence, xenophobia or related intolerance and discrimination towards Islam or
any other religion (para. 3), calls upon the Special Rapporteurs on religious intolerance and on
racism, racial discrimination, xenophobia and related intolerance to take into account the
provisions of the resolution when reporting to the Commission (para. 6).
108. In accordance with the above resolutions, the Special Rapporteur has recommended the
following studies:
(a) A study which might be entitled “Image of religious minorities in the media”. As
explained by the Special Rapporteur in several mission reports, especially those on Germany
(E/CN.4/1998/6/Add.2) and the United States of America (E/CN.4/1999/58/Add.1), the media,
and in particular the popular press, all too often portrays matters relating to religion and belief, in
particular religious minorities, in a grotesque, not to say totally distorted and harmful light. The
Special Rapporteur has recommended starting a campaign to develop awareness among the
media of the need to publish information that respects the principles of tolerance and
non-discrimination. These measures would also make it possible to educate and shape public
opinion in accordance with these principles. The study would therefore identify the role of the
media in hatred and religious intolerance vis-à-vis religious minorities, and their responsibilities
and would recommend preventive measures, including action to be taken under the Office of the
High Commissioner for Human Rights advisory services programme;
(b) A study which might be entitled “Intolerance against etbno-religious
communities: identification and measures”, which would try to identify the main factors of
intolerance against ethno-religious communities, and its manifestations and would recommend
measures to combat and prevent them.
2. Defamation
109. In its resolution 1999/82 entitled “Defamation of religions”, the Commission on Human
Rights expresses deep concern at negative stereotyping of religions, and at the fact that Islam is
frequently and wrongly associated with human rights violations and with terrorism; also
expressing concern at the role of the media, the Commission calls upon the Special Rapporteur
on religious intolerance to take into account the provisions of that resolution when reporting to
the Commission at its fifty-sixth session.
110. That resolution in fact confirms the concern already expressed by the Special Rapporteur,
especially in his mission reports on Pakistan (E/CN.4/1996/95/Add. 1) and Sudan
(A15 1/542/Add.2). The Special Rapporteur had found that religious, especially Muslim,
minorities were the butt of prejudice and stereotyping, a finding echoed in paragraph 2 of
resolution 1999/82. Moreover, in accordance with paragraph 3 of the same resolution, the
Special Rapporteur had described in his mission reports on Germany (E/CN.4/1998/6/Add.2),
the United States of America (E/CN.4/1999/58/Add. 1) and Australia (E/CN.4/1998/6/Add. 1) the
association of Islam with religious extremism and terrorism found in the media and particularly
in the popular press. Recommendations had been made on that subject in the aforementioned
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mission reports. While acknowledging the danger represented by the extremism of groups
claiming allegiance to Islam, the Special Rapportuer believes it is important to distinguish
between such extremists using Islam for political purposes, who are in fact in a minority, and the
majority of Muslims practising Islam in accordance with the principles of tolerance and
non-discrimination. The Special Rapporteur had also found that non-Muslim religious
minorities were victims of defamation (see his reports on missions to Pakistan and the
United States). For this reason the Special Rapporteur fully endorses the Commission on Human
Rights' finding that all religions are or may be affected by defamation. It is important to indicate
that defamation often stems from intolerance and/or inter-religious as well as intra-religious
ignorance, often in the context of an adversarial relationship between majority and minorities.
Lastly, it should be emphasized that there are growing problems between traditional majority
religions and sects/new religious movements, as well as between believers and non-believers.
111. The Special Rapporteur also wishes to stress another concern relating to efforts to combat
defamation: these should not be used to censure all inter-religious and intra-religious criticism.
Several other communications from the Special Rapporteur illustrate the danger that efforts to
combat defamation (particularly blasphemy) may be manipulated for purposes contrary to human
rights.
B. Initiatives of the Special Rapporteur
112. The Special Rapporteur is continuing his efforts to compile a compendium of national
enactments relating to freedom of religion and belief Such a collection would be regularly
updated and made publicly available in a databank on an Internet site. A total of 49 States
(see A154/386, para. 99) have so far contributed to this initiative, with which it would be
desirable for all States to cooperate.
113. The Special Rapporteur is also continuing his efforts to undertake research on the
following topics: (a) status of women with regard to religion; (b) proselytism, freedom of
religion and poverty; and (c) sects, new religious movements and communities of religion and
belief
114. With regard to the culture of tolerance, which is the mainstay of prevention, the Special
Rapporteur is currently finalizing plans to convene an international consultative conference to
discuss the content of curricula and textbooks used in primary and secondary schools relating to
freedom of religion and belief in November 2001, for the anniversary of the adoption of the
Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on
Religion or Belief, (see A154/386, para. 102). Details of this project will be forwarded in due
course.
III. IN SITU VISITS AND FOLLOW-UP
115. Since he was appointed, the Special Rapporteur has carried out lOin situ visits (to China,
Pakistan, Iran (Islamic Republic of), Greece, Sudan, India, Australia, Germany, United States of
America and Viet Nam). He visited Turkey in December 1999. A visit to Bangladesh is planned
for the year 2000, while requests for visits to Argentina, Indonesia, Mauritius, Israel, the
Russian Federation and the Democratic People's Republic of Korea have so far remained
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unanswered. The Special Rapporteur has continued his mission follow-up procedure, established
in 1996, with which most States have cooperated, although the replies of Iran, Germany and
Australia are still pending.
116. This year, the Special Rapporteur decided that in addition to his “traditional” visits, he
would visit the major religious communities in order to establish a direct dialogue on the subject
of the 1981 Declaration and on all issues relating to freedom of religion or belief and to consider
solutions to whatever problems of intolerance and discrimination might arise. In
September 1999, the Special Rapporteur visited the Holy See.
IV. VISIT TO THE HOLY SEE
117. From ito 3 September 1999, the Special Rapporteur visited the Holy See for an audience
with the Holy Father and a series of consultations with the Secretariat of State, the Pontifical
Council for Justice and Peace, the Pontifical Council for Inter-Religious Dialogue, the
Congregation for the Evangelization of Peoples, the Pontifical Council for Promoting Christian
Unity, the Congregation for Catholic Education, the Pontifical Council for the Pastoral Care of
Migrants and Itinerant People, and with Cardinal Achille Silvestrini in charge of Catholic
churches of the Eastern Rite. This altogether untypical visit differed from previous missions
undertaken by the Special Rapporteur insofar as it was one of several consultations of
representatives of the main religions. While the Holy See is of course a State under international
law, it is also the representative of Catholicism, one of the main religions in the world (see
statistics below). The Special Rapporteur opted for this new type of visit (without excluding the
continuation of traditional missions) in order to achieve and to disseminate a better
understanding of religious approaches to the liberty of religion and belief, and to gain experience
related to inter-community relations in the area of religion and belief, especially from the angle
of inter-religious dialogue. Apart from education, inter-religious dialogue constitutes one of the
principal means of preventing intolerance and discrimination based on religion and belief This
is why the report on this visit considers inter-community relations in the area of religion and
belief in some detail, while giving due consideration to topics related to international and
national law in the area of freedom of religion, to the Vatican's relations with States and to
matters concerning women, the family and education.
A. Statistical data
118. According to the 1997 Statistical Yearbook of the Catholic Church (published by
the Church's Central Office of Statistics), at 30 June 1997, baptised Catholics accounted
for 1,005,254,000 ofatotal of 5,820,767,000 inhabitants in the world. This figure does not
include the Catholic population estimated at 4,600,000, of countries which, owing to their
current situation, are not covered in the survey. The distribution of the Catholic population
differs considerably from one country to another and one continent to another. The Americas
have the greatest concentration, with 62.9 Catholics for every 100 inhabitants, followed by
Europe with 41.4 per cent and Oceania with 27.5 per cent. Asia has the lowest Catholic
population, with 3 per cent.
119. At 31 December 1997, there were 2,789 ecclesiastical constituencies (i.e. dioceses,
including the sees of patriarchs, metropolitans, archbishops and bishops, and territories,
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including territorial prelatures and abbeys, which are not constituted as dioceses but subject to
ordinary authority) covered by this survey, including 2,595 of the Latin Rite and 194 of the
Eastern Rite. At 31 December 1997, 146 constituencies could not be covered in the survey
owing to various difficulties.
120. At the same date, 31 December 1997, the 2,789 constituencies covered in the survey
included 425,349 “pastoral centres” (defined as the section of the territory of an ecclesiastical
constituency having its own church, a given population and a pastor in charge of the souls of the
faithful). This represents an average of 153 such centres per ecclesiastical constituency, the
lowest figure being 19 in the Asian Middle East and the highest 212 in Europe. Parishes, on the
whole, account on average for 51.6 per cent of all centres. Africa has the lowest proportion
(11.8 per cent) and Asia and the Middle East the highest (94.4 per cent). Missionary posts make
up 27.1 per cent of all centres, the highest proportion being in Africa (86.3 per cent). At
31 December 1997, there were 90,669 pastoral centres, or 21.5 per cent of the total, which were
not canonically established as parishes or missionary posts.
121. At 31 December 1997, the total number of persons following an apostolic vocation
(i.e. bishops, priests, established deacons, secular clergy, confirmed nuns and committed laity)
was 3,386,809, including 4,420 bishops, 404,208 priests, 24,407 established deacons,
58,310 secular clergy, 819,278 confirmed nuns, 31,197 members of lay institutions,
26,068 non-clerical missionaries and 2,019,021 catechists. These figures are probably an
under-estimation, since they do not include persons living in the constituencies who are not
covered in the survey.
122. With regard to religious practice, as measured in terms of baptisms, marriages,
confirmations and first communions for the year 1997, the figures are as follows:
(a) Baptisms: 18,065,091, including 87.3 per cent administered to children under the
age of seven;
(b) Marriages: 3,534,253 of the Catholic Rite, including 229,685 mixed marriages;
(c) Confirmations and first communions: 9,016,244 confirmations and
11,816,170 first communions.
123. There were 114,283 charitable establishments either owned or run by ecclesiastical or
religious persons, subdivided as follows:
(a) Hospitals: 5,188
(b) Dispensaries: 17,157
(c) Leprosariums: 825
(d) Homes for elderly persons, chronic invalids, invalids and handicapped
persons: 12,209
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(e) Orphanages: 8,246
(1) Nurseries: 11,911
(g) Marriage counsellors: 10,618
(h) Special education or social re-education centres: 10,726
(i) Other institutions: 37,403.
B. Position with regard to international and national law in the area
of religious freedom
124. As far as international law governing religious freedom is concerned, the Vatican's
position follows the provisions on religious liberty, its manifestations and its limitations
contained in the United Nations Declaration of 1981 and in the 1966 International Covenant on
Civil and Political Rights. It may be noted that the Vatican took an active part in preparing and
adopting the 1981 Declaration.
125. The Vatican's International Theological Commission, in its document “Dignity and
rights of the human person” (31 December 1983), referring to the Universal Declaration of
Human Rights and the 1966 International Covenant, stresses that religious freedom is
fundamental for the dignity of the person and as the foundation of all other rights. In its
Declaration “ Dignitatis Humanae ” (7 December 1965), the Second Vatican Council defined the
purpose and foundation of religious freedom as follows: “Freedom of this kind means that all
men should be immune from coercion on the part of individuals, social groups and every human
power so that, within due limits, nobody is forced to act against his convictions nor is anyone to
be restrained from acting in accordance with his convictions in religious matters in private or in
public, alone or in associations with others”. By virtue of this Declaration, freedom of religion is
a fundamental right not only of the individual but also of religious communities. The
Declaration states that: “Provided the just requirements of public order are not violated, these
groups have a right to immunity so that they may organize themselves according to their own
principles. They must be allowed to honour the supreme Godhead with public worship, help
their members to practice their religion and strengthen them with religious instruction, and
promote institutions in which members may work together to organize their own lives according
to their religious principles”. It also mentions the principle of non-interference, particularly by
legislative or administrative action, in the internal religious affairs of religious communities
(including the selection, training, appointment and transfer of their own ministers, religious
buildings and the acquisition and use of property) as well as in their teaching and all public
manifestations of their faith. With regard to the latter, it is pointed out that any action which
seems to suggest coercion or dishonest or unworthy persuasion must be considered an abuse of a
person's own right and an infringement of the rights of others. Lastly, it mentions the right to
establish educational, cultural, charitable and social organizations.
126. The role of the State with respect to religious freedom may be defined in the light of the
above-mentioned principle of non-interference by the State outside the limits prescribed by
international law. According to the Vatican, the State has an obligation to guarantee personal
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and collective freedoms derived from the common right to religious freedom for all individuals
and groups, and in particular for religious minorities. The right to religious freedom and the
legal guarantee of that right arising therefrom constitute, according to the Vatican, the sources
and the basis of peaceful coexistence. The legal guarantees provided by the State for the
freedom of every individual and every group to profess their religious beliefs provide a measure
of a society's respect for other fundamental rights. Furthermore, even if for historic reasons a
State grants special protection to one religion in particular, it must nevertheless safeguard the
personal and collective freedoms of religious minorities derived from the common right to
religious freedom in civil society.
127. With regard to international law, the Pontifical Council for Justice and Peace considers
that any initiative to adopt an international convention on religious freedom might, in the present
circumstances run into difficulties in relation to the achievements of the 1981 Declaration,
whence the need, according to the Council, to strengthen the mandate of the Special Rapporteur
on religious intolerance. With reference to the 1981 Declaration and the International Covenant
of 1966, covering not only freedom of religion but also freedom of belief, which according to the
Council arose from a political compromise, it made the point that the specificity of religion
should be preserved against the danger of it being reduced to culture and, more generally, against
the danger of it being denatured.
128. With regard to domestic legislation, the Council considers that most national laws
governing religious freedom, recently adopted in Eastern European countries, are inadequate,
which appears inevitable in view of the flaws affecting those societies and democracies. In
view of the hasty output of incomplete legislation influenced by a variety of interests, it
would be better to provide guidance in the form of technical assistance by the Office of the
High Commissioner for Human Rights and the Special Rapporteur on religious intolerance rather
than merely criticize. The problem of attempts by the State authorities to control religious
matters, for instance by requiring the official registration of all religious organizations, arises not
only in Europe, but also in other continents. The Council's view is that there is no such thing as
an ideal legislative model, that it is not up to the State to define religion, but that while the
attributes of religion are reasonably clear, it is preferable to establish a certain number of rules.
Depending on the situation in individual countries, especially in regard to their political maturity,
the Vatican has in some cases called for legislation to protect the Catholic community. In any
event, especially in the case of groups of a problematic religious nature, it is considered that the
State should interfere under the exceptions provided by international law (see in particular the
notion of ordre public) . The Council concluded that this uneasy tension between law and
freedom of religion shows that the solution does not always lie in a legislative approach.
C. Position in relation to States
129. The Vatican maintains diplomatic relations with a 171 States. In the last 20 years, under
the Pontificate of John Paul II, the number has risen substantially (from 90 States previously).
The establishment of diplomatic relations has generally followed a request by the State
concerned and has been based on criteria such as the absence of territorial problems and of
flagrant, institutionalized human rights violations. The Vatican's agreements with States have of
course been designed to benefit the Catholic community, but they have also benefited other
Christian communities, which can take advantage of the conditions obtained by the Vatican. It
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has been the latter's policy, within the framework of the Conference on Security and
Cooperation in Europe (CSCE), to seek the safeguard of freedom of religion, extended to all
religions. The view is also held that any concessions obtained from a State in religious matters,
regardless of the regime concerned, will subsequently be reflected in other rights. The
information given below covers States with or without diplomatic relations with the Vatican.
130. It was said that generally speaking, with a few exceptions, Muslim States or States with a
chiefly Muslim population are very open in their dealings with the Holy See. In some cases,
however, a State itself may maintain satisfactory relations with the Holy See, which is
considered more as a diplomatic partner, while its Catholic community is viewed with suspicion
by the authorities. In the case of Iraq in particular, the local Catholic community was said to be
the largest in the Middle East and it was found that Christians experienced the least survival
problems there. It was confirmed that the Pope would be visiting Iraq as part of year 2000
jubilee celebrations. It now appears, however, at the time this report is being finalized, that the
visit may be postponed or even cancelled altogether.
131. Concerning Saudi Arabia, it was pointed out that a mosque has been built in Rome, with
the full agreement of the Holy See, and that the question now arises of reciprocity by
Saudi Arabia with regard to the religious needs of the large Christian community residing in that
country. In relations with Pakistan, the problem was raised of local legislation on blasphemy
affecting minorities, especially Christians. In the case of Sudan, there are reportedly many
difficulties affecting Christians, such as the destruction of places of worship and Christian
villages, or arrests of religious persons.
132. With regard to the States of Eastern Europe and of the CIS, it was explained that in the
last 10 years the Vatican has concluded many agreements (e.g. with Croatia, Hungary and
Kazakhstan) or is preparing to do so (e.g. with Kyrgyzstan) on specific issues, such as
cooperation in schooling, social and health matters.
133. Where Asia is concerned, it was stated that the Pope would be visiting India in
November 1999 and possibly, subject to the agreement of the authorities of that country,
Viet Nam (the establishment of diplomatic relations might be discussed once certain questions
have been clarified, especially concerning the free appointment of bishops, free access to
seminaries and the nomination of seminarists at the end of their studies). Despite the spirit of
tolerance inherent in Asian religions and cultures, it has been found that the situation may be
delicate in practice, owing to very closely related political and religious attitudes, for instance
through slogans associating citizenship exclusively with Buddhism and Hinduism. The question
of China was said to be political rather than ideological, chiefly related to the appointment of
bishops by the Vatican in Taiwan.
134. With regard to the recovery of property confiscated from the Vatican in some States
under earlier regimes, it was explained that the Vatican has decided to settle such matters on a
case-by-case basis. In a number of countries, the Vatican has given up its claims. In others,
such as Croatia and Hungary and soon Slovakia, restitution agreements have been successful.
Some lesser problems may arise, however, especially in Russia and Albania. It was pointed out
that the Vatican's requests for return of property were based on pastoral considerations, namely
service to the community.
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D. Position in relation to communities in the area of religion and belief
135. This position is best seen from two basic angles, inter-religious dialogue and
evangelization. The Vatican bodies dealing with inter-religious dialogue are as follows:
(a) The Pontifical Council for Inter-Religious Dialogue, whose mandate covers all
religious communities except for Jews and non-Catholic Christians;
(b) The Commission for Religious Relations with Jews;
(c) The Pontifical Council for Promoting Christian Unity.
On the question of evangelization, the relevant body is the Congregation for the Evangelization
of Peoples. Of course, the question of evangelization overlaps that of inter-religious dialogue.
1. Inter-religious dialogue
136. The Pontifical Council for Inter-Religious Dialogue (set up in 1964 as the Secretariat for
Non-Christians and assuming its present title in 1988), as stipulated in Pastor Bonus
(John Paul II, Apostolic Constitution of 28 June 1988), “fosters suitable dialogue with the
followers of other religions and encourages various kinds of relations with them. It promotes
appropriate studies and conferences to develop mutual information and esteem, so that human
dignity and the spiritual and moral riches of people may ever grow. The Council sees to the
formation of those who engage in this kind of dialogue.”
137. The Council fosters dialogue with established world religions as well as with traditional
religions. The Vatican II Council - especially the 1965 Declaration Nostra Aetate - constituted a
turning point, ushering in a new approach by the Catholic Church to other religions. The
Declaration on the Relation of the Church to Non-Christian Religions ( Nostra Aetate ) states as
follows:
“In our time, when day by day mankind is being drawn closer together, and the
ties between different peoples are becoming stronger, the Church examines more closely
the relationship with non-Christian religions. In her task of promoting unity and love
among men, indeed among nations, she considers above all in this Declaration what men
have in common and what draws them to fellowship. One is the community of all
peoples, one their origin, for God made the whole human race to live over the face of the
Earth. One also is their final goal, God.”
138. With regard to other religions, Nostra Aetate , in paragraph 2, refers explicitly to
Hinduism and Buddhism, and adds that:
“The Catholic Church rejects nothing that is true and holy in these religions. She
regards with sincere reverence those ways of conduct and of life, those precepts and
teachings which, though differing in many aspects from the ones she holds and sets forth,
nonetheless often reflect a ray of that Truth which enlightens all men.”
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139. Paragraph 3 of the Declaration deals exclusively with Muslims:
“The Church regards with esteem also the Muslims Since in the course of
centuries not a few quarrels and hostilities have arisen between Christians and Muslims,
this sacred synod urges all to forget the past and to work sincerely for mutual
understanding and to preserve as well as to promote together for the benefit of all
mankind social justice and moral welfare, as well as peace and freedom.”
140. Paragraph 4 concerning the Jews explains as follows:
“Since the spiritual patrimony common to Christians and Jews is thus so great,
this sacred synod wants to foster and recommend that mutual understanding and respect
which is the fruit, above all, of biblical and theological studies as well as of fraternal
dialogues. True, the Jewish authorities and those who followed their lead pressed for the
death of Christ; still, what happened in His passion cannot be charged against all the
Jews, without distinction, then alive, nor against the Jews of today. Although the Church
is the new people of God, the Jews should not be presented as rejected or accursed by
God, as if this followed from the Holy Scriptures. All should see to it, then, that in
catechetical work or in the preaching of the word of God they do not teach anything that
does not conform to the truth of the Gospel and the spirit of Christ. Furthermore, in her
rejection of every persecution against any man, the Church, mindful of the patrimony she
shares with the Jews and moved not by political reasons but by the Gospel's spiritual
love, decries hatred, persecutions, displays of anti-Semitism, directed against Jews at any
time and by anyone.”
141. In its Dogmatic Constitution on the Church, Lumen Gentium
(21 November 1964),Vatican II presented the theological and pastoral bases of a new
commitment by the Church to meet and listen to other believers and to arrive at mutual
understanding:
“We are referring to the children of the Hebrew people, who deserve our affection
and our respect, and who are the faithful of the religion which we call that of the Old
Testament; also to those who worship God in accordance with a monotheistic
conception - especially in the Muslim religion - who deserve our admiration for all that is
true and good in their worship of God.”
142. With regard to the Muslims, a Commission for fostering relations with Muslims was set
up under the Pontifical Council, in 1974, to facilitate meetings of a religious nature. In
the 1970s, many meetings were held between Muslims and Christians, at a local, national,
regional and international level, to discuss a great variety of issues, such as freedom of religion
and public profession of faith, and Islamic-Christian cooperation for the well-being of mankind.
Many diplomatic ties have also been established between the Vatican and Muslim States or
countries with a predominantly Muslim population. Paul VI was the first Pope to receive a
growing number of Muslim delegations at the Vatican. John Paul II then lent further impetus to
relations with Muslims. His first Encyclical, Redemptor Hominis , referring explicitly to Jews
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and Muslims as worthy of esteem on the part of Christians, the Pope calls on Christians to use a
great variety of human and spiritual means to come closer to other believers: “dialogue,
contacts, prayers in common, the search for treasures of human spirituality”.
143. Apart from undertaking many visits to Muslim States, the Pontifical Council for
Inter-Religious Dialogue has each year sent a letter of congratulations to Muslims for the festival
of Breaking the Fast (Id al-Fitr), except in the year 1991, when, in view of the destruction and
suffering brought about by the Gulf War, the Pope addressed the Muslims personally. Many
fellowships for Christian studies are also granted to Muslims through the Nostra Aetate
Foundation set up by the Pontifical Council for Inter-religious Dialogue. On 22 June 1995, an
Islamic-Catholic Committee was set up, immediately following the inauguration of the Rome
Mosque. The first meeting of the Committee, in Cairo in May 1996, was organized by the
International Islamic Council for “Da'wah” and Humanitarian Aid, and was attended on the
Muslim side by the Muslim World League and the World Muslim Congress. Following that
meeting, a cooperation agreement was signed with the Al-Azhar Institute of Cairo in May 1998.
Discussion meetings were also organized with the Al-Albait Foundation and the International
Society for Appeal to Islam. Relations between Christians and Muslims appear particularly
important owing to their shared history and their spiritual links, despite their differences.
144. With regard to the Jews, the Vatican provided the Special Rapporteur with a document
entitled “Letter from John Paul II to Cardinal Edward Idris Cassidy. We remember: A
Reflection on the Shoah”, dated 12 March 1998, and a document entitled “The tragedy of the
Shoah and the duty of remembrance “by the Commission for Religious Relations with the Jews
dated 16 March 1998. In the above letter, Pope John II points out that on numerous occasions
during his Pontificate he had recalled the sufferings of the Jewish people during the Second
World War and the crime which has come to be known as the Shoah. He also expresses the hope
that the Commission's document on the Shoah will help to heal the wounds of past recent
misunderstandings and injustices. “May it enable memory to play its necessary part in the
process of shaping a future in which the unspeakable inequity of the Shoah will never again be
possible. May the Lord of history guide the efforts of Catholics and Jews and all men and
women of good will as they work together for a world of true respect for the life and dignity of
every human being, for all have been created in the image and likeness of God.”
145. The Commission's document on the tragedy of the Shoah and the duty of remembrance
also raises the question of the relation between Nazi persecution and the attitudes down the
centuries of Christians towards the Jews. It considers that the history of relations between Jews
and Christians has been quite negative. In this respect it draws a distinction between
anti-Semitism, based on theories contrary to the teaching of the Church, and anti-Judaism,
characterized by sentiments of mistrust and hostility, of which Christians have also been guilty.
It recalls the efforts made by the Vatican and Christians to assist Jews during the Second World
War, while regretting the errors and failures of certain Christians. It concludes:
“We pray that our sorrow for the tragedy which the Jewish people had suffered in
our century will lead to a new relationship with the Jewish people. We wish to turn
awareness of past sins into a firm resolve to build a new future in which there will be no
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more anti-Judaism among Christians or anti-Christian sentiment among Jews, but rather a
shared mutual respect, as befits those who adore the one Creator and Lord and have a
common father in faith, Abraham”.
146. For other religions, particularly Buddhism and Hinduism (as mentioned in the
Declaration Nostra Aetate) , the Pontifical Council for Inter-Religious Dialogue has not set up
any special committees, as it did for the Muslims and Jews. Dialogue has been maintained,
however, by means of visits and meetings, which have been organized/sponsored by the Council
and through messages addressed to Buddhists for the feast of Vesakh and to Hindus for the
festival of Diwali. Buddhists also receive study fellowships from the Nostra Aetate Foundation.
The dialogue has been more limited lately with the Buddhists, partly owing to political events
affecting religious affairs in Asia, and partly to ensure that the Council's action is not interpreted
as interference in the internal affairs of certain countries. Dialogue is also maintained, although
less formally, with Shintoist, Jainists, Sikhs and Confucianists.
147. With regard to traditional religions (“religions which, unlike the world religions that have
spread into many countries and cultures, have remained in their original sociocultural
environment”, according to the definition given in the Pastoral Attention to Traditional Religions
of Asia, America and Oceania, issued by the Council for Inter-Religious Dialogue,
21 November 1993), also referred to as tribal, primitive, primeval, native or indigenous religions,
the action of the Pontifical Council for Inter-Religious Dialogue, chiefly in Africa, Asia,
America and Oceania, has concentrated partly on the followers of these religions and partly on
people who have converted to Catholicism while maintaining their ties with their traditional
religion. Where converts are concerned, the Catholic Church has recognized that a problem of
syncretism arises owing to the fact that traditional values have not been fully integrated within a
Christian lifestyle. The Pontifical Council for Inter-Religious Dialogue is trying to solve this
problem by organizing meetings, discussions and visits and by conveying the following message:
“Evangelization does not destroy your values but is incarnated in them; it consolidates and
strengthens them”. With regard to those who adhere to traditional religions and do not wish to
become Christians, dialogue is understood in the sense of encounter, mutual understanding,
respect, and recognition of which traditional religious values can be integrated within the
common heritage.
148. Inter-religious dialogue concerns also non-Catholic Christians, under a mandate assumed
by the Pontifical Council for Promoting Christian Unity in 1960. According to this Council,
great strides have been made in this area in terms of understanding and respect since Vatican II,
and more precisely since the Declaration on Religious Liberty ( Dignitatis Humanae) . It was said
that the difficulties encountered historically with non-Christians (especially Orthodox and
Protestant), leading to differences on certain issues, were in fact related more to political than to
ideological considerations. With regard to the Orthodox Churches, since the end of the cold war
the activity of the Catholic Church, which is interpreted as a form of proselytism in areas
considered as traditionally Orthodox, has given rise to a certain tension. On the other hand, the
activities of Protestants, and especially Evangelists, in Latin America, an area traditionally under
the influence of the Catholic Church, become a problem when they turn into aggressive
proselytism among Catholics, such as attempts to win converts on the doorsteps of churches or
offers of services in return for conversions. In response to these tensions, the Council
recommends dialogue at a national level (through conferences of bishops assisted in each
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country by a commission for dialogue), at regional level (in the form of institutional dialogue at
least once a year) and at international level (especially with the World Council of Churches, the
Lutheran World Federation, the World Council of Methodists and the World Council of Baptists,
amongst others, with further openings to the Mennonites and the Seventh-Day Adventists). It is
hoped that this dialogue will lead to some areas of agreement (e.g. regarding the
above-mentioned difficulties with Orthodox believers and Evangelists, or a reminder of the right
to public worship excluding illicit means) and will achieve progress, with the year 2000 Jubilee
offering the hope for greater unity and love beyond tolerance.
2. Evangelization
149. Evangelization also constitutes a meeting point between the Catholic Church and other
religious communities. In 1991, the Secretariat for Non-Christians published the document
“Dialogue and Mission - The Attitude of the Church Towards the Followers of Other Religions:
Reflections and Orientations on Dialogue and Mission”. This document examines the relations
between dialogue and mission and in particular the relation between mission and conversion.
The aim of the missionary proclamation, for Vatican II, is conversion “so that non-Christians,
their heart opened by the Holy Spirit, believe and freely convert to the Lord and loyally cling to
him”. The Catholic Church is constantly inviting all people to be converted in this way. The
process of conversion, however, is governed by the supreme law of conscience. People must
never be obliged to act against their conscience, nor should they be prevented from acting in
accordance with their conscience, especially in religious matters. In the document “Dialogue
and Proclamation - Reflection and Orientations on Inter-Religious Dialogue and the
Proclamation of the Gospel of Jesus Christ”, published on 20 June 1991 by the Pontifical
Council for Inter-Religious Dialogue and the Congregation for the Evangelization of Peoples, it
is made clear that inter-religious dialogue and proclamation are linked, but not interchangeable:
“Inter-religious dialogue and proclamation, though not on the same level, are both
authentic elements of the Church's evangelizing mission. Both are legitimate and
necessary. They are intimately related, but not interchangeable: true inter-religious
dialogue on the part of the Christian supposes the desire to make Jesus Christ better
known, recognized and loved; proclaiming Jesus Christ is to be carried out in the Gospel
spirit of dialogue. The two activities remain distinct but, as experience shows, one and
the same local Church, one and the same person, can be diversely engaged in both.”
150. The Congregation for the Evangelization of Peoples, which was set up in 1659, expressed
the view that these principles held by the Vatican, inspired by religion but not constituting a
strategic position, were in line with United Nations principles concerning religious freedom, its
manifestations and its limitations. While excesses might have been committed in the past by
missionaries in their work of conversion, such excesses were contrary to the Vatican's own
principles and instructions, as in the case of other religions. Emphasis was placed on the
obstacles hampering the evangelizing activities of the Catholic Church, such as those created by
totalitarian regimes, whose ideology is atheistic and whose leaders are hostile to religion, by
theocratic States which do not respect the rights of religious minorities, by democratic States
which are not respectful of religious feelings, by legislations opposed to religious freedom and
by fanatics not prepared to accept difference. The need for dialogue was stressed, particularly in
view of the spread of atheism.
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151. With regard to the question of evangelization and the problems arising especially in
countries traditionally tied to the Orthodox religion or to Islam, the Secretariat of State explained
that religion could not be restricted within boundaries, as that would be contrary to human rights.
On the contrary, where religion is concerned, the individual must take precedence over territorial
considerations. Thus Polish and German Catholics living in countries of the former Soviet Bloc
following the Orthodox tradition and the Christian minority residing in Saudi Arabia have
religious requirements and rights to which the Catholic Church should legitimately be able to
attend. Cardinal Silvestrini considered that the relations between the Catholic and Orthodox
Churches were gradually improving.
152. With regard to accusations that poverty is sometimes exploited for the purpose of gaining
converts to Catholicism, the Secretariat of State said that any practices of that kind in use
currently or in the past ran contrary to the Vatican's instructions, which advocated assistance
without imposing faith. Similarly, in reply to complaints in Africa by Muslim organizations
alleging that Christianization on the continent had been favoured by colonization and that
Catholicism had been supported after colonization by aid activities, the Secretariat of State
pointed out that Islam's resources in Africa were far greater than those of the Vatican. It was
also stated that the Church was making an effort to detach itself from any colonial legacy while
encouraging African Catholics to take their lives in hand.
3. The question of “ sects or new religious movements ”
153. The question of sects or new religious movements, or movements claiming to be such, is
dealt with by the Pontifical Council for Inter-Religious Dialogue, the Congregation for the
Evangelization of Peoples, the Pontifical Council for Promoting Christian Unity and the
Pontifical Council for Culture. The approach in this case is different from that adopted for
Islam, Judaism, Buddhism, Hinduism, traditional and other religions, since study and
documentation take precedence over dialogue. In 1995, the Working Group set up by the above
bodies published an anthology of texts by the Sovereign Pontiff and the Catholic Episcopate
under the title “Sects and New Religious Movements: Anthology of Texts by the Catholic
Church (1986-1994)”. This Working Group has also taken part in several meetings, including
the international symposium on “Reincarnation and the Christian message” (Gregorian
University, Rome, March 1997), the Ecumenical Conference on “Religious freedom and new
religious movements in central and eastern Europe” (Hungary, September 1997), and the
Congress on “Societies and the new religious pluralism” (Canada, August 1996). The Working
Group has identified essentially ecumenical and socio-juridical problems. Ecumenical problems
revolve around the question of proselytism. According to the Working Group, in the countries of
central and eastern Europe, the Catholic community, which is a minority, is often compared by
Orthodox believers to a “sect”. Ajoint document should be drafted on ecumenical rights and
duties, providing criteria for distinguishing proselytism from Christian testimony, and
fundamentalism from genuine fidelity to the Gospel. The socio-juridical problem, according to
the Working Group, resides in the fact that the new forms of religiosity constitute a challenge
both for evangelization and for fundamental values. There is therefore a need to study questions
such as how to defend not only religious freedom, but also the human dignity of every
individual, which is threatened by sectarian associations; how to safeguard the common good in
a pluralistic society against the subversive aims of certain movements; and what sort of legal
status should be granted to associations of a religious nature.
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154. In this connection, the Working Group referred to the recent debate in Europe concerning
the State's duty to identify “sects” and to defend citizens and their families against the influence
of groups which, under the cover of religion, pursue economic and political ends or attempts to
exercise psychological control. The group pointed out that the publication of lists of “sects” and
the establishment of observatories monitoring sectarian activities have given rise to controversy,
which has even affected certain Catholic movements or communities. The group found that
there was a considerable degree of terminological uncertainty with regard to the concepts of
“religion”, “church” and “sect”, and from a legal point of view a tendency, instead of seeking a
definition, to concentrate on abuses committed under the cover of religion but governed by the
law of the country. It was also noted that transparency was noticeably absent in the case of
esoteric movements, which were often driven by a Promethean conception of man, whereby
creating a religion or a sect very often amounted more pragmatically to a straight power play.
155. The Pontifical Council for Inter-Religious Dialogue said that the Vatican's objective was
not to combat “sects” or “new religious movements”, for instance through defamatory
campaigns, but instead to offer training and education to Christians. The Congregation for
Catholic Education considers that the proliferation of sects, often in places where the traditional
churches have not responded to the population's need to belong to or be active within a
community, is a matter for very careful study, particularly regarding the role the laity could play
in assisting the Church. The Congregation emphasized that the Vatican rejected not the “sects”
as such, but the methods they used, which were often harmful to human dignity and in the end
opposed to human rights.
E. Position in relation to women and the family
1. Ordination of women
156. With regard to women and in particular the question of the ordination of women, the
Vatican II Council, in its Pastoral Constitution Gaudium et Spes , lists forms of discrimination
affecting the fundamental rights of the individual, which must be overcome and eliminated
because they are contrary to God's design. The first of those is related to gender. In his “Letter
to women” of 29 June 1995, Pope John Paul II mentions the conditioning which, in every time
and place, has been an obstacle to the progress of women, so that their dignity has been
unacknowledged and their prerogatives misrepresented, while they have often been relegated to
the margins of society and even reduced to servitude. The Pope expresses regret in the letter for
the objective blame, especially in particular historical contexts, belonging to not just a few
members of the Church. He considers that there is an urgent need to achieve real equality in
every area where the rights of the individual are concerned.
157. Referring to the history of the Church, the Pope refers to the “genius of women”, saying
that from the heart of the Church there have emerged women of the highest calibre, including
martyrs, saints and famous mystics, and many responsible for initiatives of extraordinary social
importance. With regard to the priestly vocation, the Pope explains:
“if Christ - by his free and sovereign choice, clearly attested to by the Gospel and by the
Church's constant tradition, entrusted only to men the task of being an ‘icon' of his
countenance as ‘shepherd' and ‘bridegroom' of the Church through the exercise of the
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ministerial priesthood, this in no way detracts from the role of women, or for that matter
from the role of the other members of the Church who are not ordained to the sacred
ministry, since all share equally in the dignity proper to the ‘common priesthood' based
on Baptism. These role distinctions should not be viewed in accordance with the criteria
of functionality typical in human societies. Rather they must be understood according to
the particular criteria of the sacramental economy, i.e. the economy of ‘signs' which God
freely chooses in order to become present in the midst of humanity.”
158. In the 1976 Declaration on the question of the admission of women to the priesthood, it is
explained that the priesthood should in no way be considered as a right: baptism confers no
personal entitlement to the ministerial function in the Church. The priesthood is never conferred
for the honour or benefit of the person receiving it, but as a service to God and the Church. It is
based on an explicit and totally selfless vocation. “It was not you who chose me; it was I who
chose and instituted you” ... Equality is not the same as identity, and in this sense the Church is
a differentiated body, in which each individual plays a role; the roles are different and should not
be confused, but they do not give rise to any superiority of some over others.
2. Procreation and abortion
159. With regard to the procreation aspect of women and the family, the Vatican has
expressed views on the question of genetic action, the regulation of fertility and medically
assisted reproduction. It has also taken a position on abortion.
(a) Genetic action
160. A distinction needs to be drawn in this respect between strictly therapeutic action, aimed
at treating illness due to genetic or chromosomal anomalies (which is generally speaking
desirable, provided that it tends genuinely to promote the personal well-being of the individual
without impairing his or her integrity or adversely affecting his or her living conditions), and
manipulation altering the genetic heritage of human embryos (aimed at producing human beings
pre-selected according to sex or other chosen characteristics, which would be contrary to
personal dignity and to the interests of the human species).
(b) Fertility control
161. The Vatican considers that it is legitimate, on serious grounds, to make use of knowledge
of female fertility and to forego marital prerogatives during fertile periods, but that it is
illegitimate to resort to contraceptive methods. According to the Holy See, natural methods
include accepting a person's time, in this case the female cycle, but also accepting dialogue,
mutual respect and joint responsibility. Artificial means, on the other hand, introduce a split
between sexual relations and procreation and submit fertility to arbitrary decisions by men and
women.
(c) Medically assisted procreation
162. Any medical means of intervention used to further procreation must take the form of
assistance, but must never substitute for the conjugal act. Thus the Vatican does not necessarily
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proscribe recourse to certain artificial means, such as homologous artificial insemination, which
are aimed solely either at facilitating the natural act, or at achieving the objective of a normally
accomplished natural act. The operation of homologous in vitro fertilization and embryo
transfer is, according to the Holy See, illegitimate, since conception occurs not as a result of a
conjugal act, but outside it, i.e. in vitro , through the intervention of technicians who determine
prevailing conditions and execute the operation. It therefore no longer corresponds, according to
the Vatican, to the sense of gift underlying human procreation, and instead derives from
production and power better related to objects and belongings. The child is then born not as a
gift of love, but as the product of a laboratory. Man no longer considers life as a gift of God, a
sacred reality entrusted to his responsibility and hence to his loving protection. According to the
Holy See, life becomes merely something he claims as his exclusive property, which he is totally
free to dominate and manipulate.
(d) Abortion
163. Abortion, insofar as it represents the elimination of pre-natal life, must be forbidden, on
the grounds of the inviolability of the human person from the moment of conception. Abortion
is a direct violation of the fundamental right of the human being and constitutes an abominable
offence. The Vatican has expressed serious concern at the widely held view that certain crimes
against life may be justified in the name of a right of individual freedom, and, by the same token,
are entitled not only to impunity, but also to State approval, so that they are practised in complete
freedom and even paid for by health services. The Vatican will not tolerate any action aimed at
destroying life, despite the risk of incomprehension, misunderstanding and even grave
discrimination to which that view may give rise. According to the Holy See, life is far too
fundamental a benefit to be equated even with very serious inconvenience. In the Vatican's
opinion, ethical indifference to abortion is induced by a hedonistic and utilitarian culture, derived
from a form of theoretical, practical materialism that has engendered a materialistic attitude to
abortion.
(e) Position with regard to education
164. The following data show that the Vatican runs a vast educational system.
165. On the basis of sources provided by the Congregation for Catholic Education,
Ian D c Groof (in his paper entitled “The Church's mission and its school system for promoting
the right to education” - July/September 1998) puts forward the following minimum estimates:
- Africa (excluding higher education): 25,000 Catholic establishments and over
7 million students;
- America: about 40,000 establishments and 10 million students;
- Asia and Oceania: 22,000 schools and about 8 million students;
- Europe: 60,000 schools and about 9.8 million students
- Middle East: 250,000 students.
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166. The following information is given in the 1997 edition of the Statistical Yearbook of the
Catholic Church of the Central Statistical Office, for 30 June 1997:
(a) Training centres are subdivided into two main categories: seminaries, i.e. centres
where student priests reside permanently and attend all classes; and homes, i.e. all other training
centres. A further distinction needs to be drawn between centres offering classical or
pre-philosophical courses and those providing philosophical and theological training, excluding
higher university establishments and universities in general (while noting that the same centre
may offer two different levels of training). The figures are as follows:
(i) 3,006 training centres (2,293 seminaries and 713 homes) for the diocesan
clergy and 3,397 training centres (1,670 seminaries and 1,727 homes) for
the religious clergy;
(ii) Out of the 3,006 training centres for the diocesan clergy, 1,665 give
classical or pre-philosophical training courses and 1,341 courses in
philosophy and theology; the 3,397 training centres for the religious clergy
are divided into 1,383 giving classical courses and 2,014 giving
philosophy and theology;
(b) Figures for schools are as follows:
• 58,244 nurseries with 5,112,570 children;
• 86,505 primary schools with 25,400,000 pupils
• 34,849 secondary or classical schools (first and second cycle) with approximately
13,900,000 students.
167. It appears from the interview with the Congregation for Catholic Education that there
are 945 Catholic universities and 159 ecclesiastical faculties.
168. In the field of education, the Catholic Church, whose mission is to proclaim the word of
God and to teach the Gospel, has always considered that it was its duty to offer education,
regardless of the policy of the public authorities. It has also always claimed the right to teach,
this right being the corollary of its mission, as proclaimed by the 1917 Codex luris Canonici . In
this respect, the school is the Church's favourite means of fulfilling its pastoral mission.
Vatican II 's Declaration on Christian Education ( Gravissimum Educationis Momentum ) defined
education as consisting not only in transmitting knowledge and values, but also in giving
children sufficient maturity and sense ofjudgement, so that they are free, when adults, to form
their own beliefs. The Catholic Church thus appeals to all believers and non-believers, to all
schools and to all teachers. It endorses recognization of the universal nature of the right to
education.
169. The Congregation for Catholic Education noted that, in some regions, the percentage of
Catholic students within the Catholic school system (excluding faculties of theology and
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seminaries) was very low, sometimes less than 1 per cent. The teaching includes practically no
missionary work. The Catholic religion as such is taught as an optional subject offered outside
normal classes.
170. The Holy See expressed interest in the Special Rapporteur's project to organize a
conference on education in the field of freedom of religion and belief in November 2001.
V. CONCLUSIONS AND RECOMMENDATIONS
171. A study of communications in the light of the 1981 Declaration reveals infringements of
the principles of non-discrimination and tolerance in the field of religion and belief; freedom of
thought, conscience and religion and belief; freedom to manifest religion or belief; freedom to
dispose of religious property; the personal right to life, physical integrity and health; and the
condition of women with respect to religion in the light of the relevant international provisions,
particularly those contained in the 1981 Declaration.
172. The Special Rapporteur has decided to analyse such infringements by identifying the
main tendencies, since 1999, in the field of freedom of religion and belief
173. The first tendency to note is the spread of religious extremism which is affecting most
religions, including Islam, Hinduism and Judaism. This takes on either inter-religious
dimensions (i.e. directed against other religions and beliefs) and/or intra-religious dimensions
(i.e. directed against communities belonging to the same religion). The victims of both these
forms of extremism are partly minorities (which does not exclude the reverse oppression of a
majority) and partly women (who are subjected to discriminatory measures giving them an
inferior and even non-legal status, and very often to expressions of violence, such as physical
attacks, kidnappings and rape). These forms of extremism very often originate with
non-governmental bodies, sometimes with groups acting out of pure fanaticism related to
ignorance and obscurantism, sometimes with extremist communities deliberately aiming to use
politics in order to impose their religious views on society, but also and above all with
“professionals” of extremism exploiting religion for political ends. It is worth remaining aware
and vigilant, however, regarding the passive or active complicity of State entities in most of
those cases.
174. The second point is that there is a general tendency to perpetuate policies, legislation and
practices which affect freedom of religion and belief This general tendency itself clearly derives
from the following trends:
(a) A gradual decline in anti-religious and religious control policies in the interest of
political ideology since the end of the cold war. Such policies undoubtedly persist in a number
of countries, though in more subtle forms. The aim is no longer, at least officially and publicly,
to eradicate religion, but to recognize it and allow it to manifest itself, though within the
framework of strict controls by the authorities, in fact amounting to interference incompatible
with international law
(b) The pursuit of policies of intolerance and discrimination by authoritarian regimes
against communities of religion or belief seen as opposing the authorities' goals;
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(c) The maintenance of policies and practices of intolerance and discrimination
against certain communities, particularly ethno-religious communities, within the framework of
essentially political conflicts;
(d) The pursuit of policies, legislation and practices hostile to religious minorities in
countries with an official religion or where a majority of the population belongs to one faith;
(e) The upsurge of intolerant and discriminatory policies and practices directed
against “sects or new religious movements”;
(f) The maintenance of policies, legislation and practices opposed to conscientious
objection.
175. The third tendency to draw attention to is the persistence of discrimination and acts of
intolerance attributed to religion affecting women; this tendency, which is derived from
legislation, personal status and interpretations thereof, traditions, society and so-called religious
extremism, is fostered by both State and non-State organizations. Lastly, there is a tendency
towards a persistence of intolerance by society and intolerance by the State.
176. In order to deal with a situation which may be considered on the whole alarming with
regard to tolerance and non-discrimination based on religion or belief, the Special Rapporteur
believes that in addition to the daily “management” of such phenomena through
communications, urgent appeals and in situ visits, there is a vital need for prevention, as the only
way of escaping from the vicious circle of violations of freedom of religion and belief Such
prevention must be supported mainly by education and inter-religious dialogue.
177. With regard to education, in the Vienna Declaration and Programme of Action, the World
Conference on Human Rights reaffirmed “that States are duty-bound, as stipulated in the
Universal Declaration of Human Rights and the International Covenant on Economic, Social and
Cultural Rights and in other international human rights instruments, to ensure that education is
aimed at strengthening the respect of human rights and fundamental freedoms. The World
Conference on Human Rights emphasizes the importance of incorporating the subject of human
rights education programmes and calls upon States to do so. Education should promote
understanding, tolerance, peace and friendly relations between the nations and all racial or
religious groups and encourage the development of United Nations activities in pursuance of
these objectives. Therefore, education on human rights and the dissemination of proper
information, both theoretical and practical, play an important role in the promotion and respect
of human rights with regard to all individuals without distinction of any kind such as race, sex,
language or religion, and this should be integrated in the education policies at the national as
well as international levels.”
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178. It may be remembered that article 29 of the Convention on the Rights of the Child
provides that:
“States parties agree that the education of the child shall be directed to:
(b) The development of respect for human rights and fundamental
freedoms, and for the principles enshrined in the Charter of the United Nations;
(d) The preparation of the child for responsible life in a free society, in
the spirit of understanding, peace, tolerance, equality of sexes, and friendship
among all peoples, ethnic, national and religious groups and persons of
indigenous origin.”
The Special Rapporteur believes that religious matters related to the rights of the child constitute
an area where appropriate initiatives should be undertaken as a matter of priority. This is why, in
conformity with the Vienna Declaration and Programme of Action, the relevant international
instruments and the resolutions of the Commission on Human Rights and the General Assembly
since 1995, the Special Rapporteur is pursuing his plan for an international school strategy on the
question of tolerance and non-discrimination in relation to freedom of religion and belief in
primary and secondary education establishments.
179. Inter-religious dialogue appears essential for the prevention of misunderstandings,
conflicts and violations in the area of freedom of religion and belief As was rightly recalled by
the High Commissioner for Human Rights, in her message (21 September 1999) on the occasion
of the 950th anniversary of the city of Nuremberg and its conference on peace and human rights:
“The full title of the conference - ‘Peace and Human Rights - Furthered by Religions, Threatened
by Religions' - reflects the fact that religions' message of peace and love can be distorted to
become an instrument of hate and conflict ... Religions can and should play a significant role in
conflict prevention and post-conflict reconciliation.” The visit to the Vatican provided an
opportunity to see what was being done in the area of inter-religious dialogue and to offer some
general insight regarding the objectives, methods and mechanisms of inter-religious dialogue
from the point of view of the Holy See. That visit, by considering a great variety of questions,
such as the Vatican's position with regard to international and national law in the area of
religious freedom, and its position in relation to States, communities sharing the same religion
and belief, and education, also contributes to a better knowledge of one religion, in the event
Catholicism, in its relations with other religions and therefore to a broader range of shared
experience, as well as to a more meaningful dialogue between communities belonging to
different religions and beliefs, and lastly to enhanced protection of freedom of religion and
belief
180. As Théo Boven had also very pertinently explained in his study “Religious Freedom in
International Perspective: Existing and Future Standards” (1989): “What is at stake in the
promotion and protection of religious liberty is not the search for objective truth but the
enhancement of respect for the subjective rights of individuals or groups of individuals and
communities. On the basis of this understanding the measures of implementation, at a national
and international level, should focus on the promotion of constructive dialogue between
religious communities themselves and between these communities and the public authorities in
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a spirit of tolerance and respect”. The Special Rapporteur welcomes the initiative of the Geneva
Spiritual Appeal, issued and signed in the course of an inter-denominational religious service
by representatives of various religions and by the International Committee for the Red Cross
(ICRC), the Office of the High Commissioner for Human Rights (OHCHR), the
High Commissioner for Refugees (HCR) and the World Health Organization (WHO), on
24 October 1999, in Geneva, for United Nations Day. He also welcomes the establishment by
UNESCO of the World Council for Interreligious Dialogue and expresses the hope that this will
have the effect of furthering exchanges between religions.
181. Education and inter-religious dialogue, in other words, constitute essential means in both
the medium and long term, of preventing the currently observed violations resulting from
religious extremism, from special policies, legislations and practices, and from discrimination
attributed to religion affecting women. Needless to say, such preventive action in no way
excludes the on-going deployment of all means of combating existing violations.
182. This approach, based both on management (which is and remains necessary and even
fundamental) and on prevention, should inspire the initiatives encouraged by the
Special Rapporteur, especially the preparation of a plan of action on the condition of women
with regard to religion and to policies, legislation, traditions and practices either derived from or
attributed to religion.
183. The Special Rapporteur also wishes to stress the need for States to adopt initiatives to
strengthen tolerance with regard to religion and belief, especially on the occasion of the
twentieth anniversary of the adoption by the General Assembly on 25 November 1981 of the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on
Religion or Belief This anniversary could provide an opportunity to review the situation as
regards the “management” of intolerance and discrimination and to establish a plan of action for
prevention, the two main pillars of which might be dialogue and education.
