Distr.
GENERAL
E / CN. 4 /1993/62
6 January 1993
ENGLISH
Original: ENGLISH/FRENCH/
SPANISH
COMMISSION ON HUMAN RIGHTS
Forty-ninth session
Item 22 of the provisional agenda
IMPLEMENTATION OF THE DECLARATION ON THE ELIMINATION OF
ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON
RELIGION OR BELIEF
Report submitted by Mr. Angelo Vidal d'Almeida Ribeiro, Special
Rapporteur appointed in accordance with Commission on Human
Rights resolution 1986/20 of 10 March 1986
GE.93-10109 (E)
E/CN. 4/1993/62
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CONTENTS
Paragraphs Page
Introduction. . . . 1 - 8 1
I. MANDATE AND WORKING METHODS
OF THE SPECIAL RAPPORTEUR . . . . 9 - 14 2
II. SPECIFIC INCIDENTS IN VARIOUS COUNTRIES
EXAMINED BY THE SPECIAL RAPPORTEUR . . . . 15 - 17 3
China 18 - 22 4
Cuba 23 - 24 24
Egypt 25 - 26 26
El Salvador 27 - 28 31
Ethiopia 29 32
Greece 30 - 33 33
India 34 38
Indonesia 35 - 36 38
Iran (Islamic Republic of) 37 - 38 40
Iraq 39 - 42 43
Malawi 43 63
Malaysia 44 63
Myanmar 45 - 47 64
Pakistan 48 - 49 78
Romania 50 85
Saudi Arabia 51 - 53 86
Sri Lanka 54 88
Sudan 55 - 60 89
Switzerland 61 - 62 96
Syrian Arab Republic 63 98
Ukraine . . . . 65 105
United States of America . . . 66 - 67 106
Viet Nam . . . 68 109
The former Yugoslavia . . . . 69 - 70 114
III. CONCLUSIONS AND RECOMMENDATIONS 71 - 92 115
E/cN. 4/1993/62
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Introduction
1. At its forty-second session, the Commission on Human Rights decided, in
resolution 1986/20 of 10 March 1986, to appoint for one year a special
rapporteur to examine incidents and governmental actions in all parts of the
world which were 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. Pursuant to that resolution the Special Rapporteur submitted a first
report to the Commission at its forty-third session (E/CN.4/1987/35) . His
mandate was extended for one year by Commission on Human Rights
resolution 1987/15 of 4 March 1987 adopted at that session.
3. At its forty-fourth session, the Commission had before it a further
report by the Special Rapporteur (E/cN.4/1988/45 and Add.1 and Corr.1) and it
decided, by resolution 1988/55, to extend the Special Rapporteur's mandate for
two years. At its forty-fifth session, the Special Rapporteur submitted his
third report (E/CN.4/1989/44) to the Commission.
4. At its forty-sixth session, the Commission on Human Rights considered the
Special Rapporteur's fourth report (E/CN.4/1990/46) submitted in conformity
with the provisions of resolution 1989/44. During that session, the
Commission decided, by resolution 1990/27, to extend his mandate for a further
two years. At its forty-seventh session, the Special Rapporteur submitted his
fifth report (E/CN.4/1991/56) to the Commission. The Special Rapporteur
submitted his sixth report (E/cN.4/1992/52) to the Commission on Human Rights
at its forty-eighth session. During that session, the Commission decided, by
resolution 1992/17, to extend his mandate for an additional three years.
5. The report which follows is submitted to the Commission on Human Rights
at its present session in accordance with the provisions of paragraph 14 of
resolution 1992/17 of 21 February 1992.
6. In chapter I, the Special Rapporteur recalls the terms of his mandate and
their interpretation, and describes the working methods he used in preparing
this seventh report.
7. Chapter II concerns the activities of the Special Rapporteur during the
present reporting period. It contains allegations duly transmitted to the
Governments concerned regarding situations which were said to depart from the
provisions of the Declaration as well as the comments formulated in that
regard by Governments. In order to be able to submit his report in time for
the forty-ninth session of the Commission on Human Rights, the Special
Rapporteur has not been able to take account of communications received after
15 December 1992. They will, however, be included in the report which he will
submit to the Commission at its fiftieth session, in 1994.
8. Lastly, in chapter III the Special Rapporteur submits conclusions and
recommendations based on his analysis of the information available on the
numerous infringements of the rights set out in the Declaration during the
period covered by this report and on the study of measures which could
contribute to preventing intolerance and discrimination based on religion or
belief.
E/CN. 4/1993/62
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I. MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR
9. In his previous reports, the Special Rapporteur included considerations
on the subject of his interpretation of the mandate entrusted to him by the
Commission on Human Rights (E/cN.4/1988/45, paras. 1-8; E/CN.4/1989/44,
paras. 14-18) . He particularly stressed its dynamic nature. He therefore
considered it necessary in the initial phase to set out the elements of the
problem before him and in so doing to identify factors which might be an
impediment to the implementation of the provisions of the Declaration; to
make a general inventory of incidents and measures inconsistent with those
provisions; to emphasize their adverse consequences in respect of the
enjoyment of fundamental rights and freedoms; and to recommend a number of
remedial measures.
10. In the second phase, the Special Rapporteur deemed it useful to take a
more specific approach and to endeavour to identify more precisely particular
situations where inconsistencies with the provisions of the Declaration might
have been reported. For this purpose he specifically approached a number of
Governments and requested clarification of allegations concerning their
country in particular. He noted with satisfaction that most of the
Governments in question had replied. He deems it essential at the present
stage to continue with and to develop this dialogue, which clearly
demonstrates a genuine interest in the issues raised in the context of his
mandate, and sustains the hope of further mobilization with a view to reaching
a solution.
11. This method of direct dialogue with Governments, used experimentally
during his previous mandates, has been backed up to some extent during the
last five years by the actual terms of Commission on Human Rights resolutions
1988/35, 1989/44, 1990/27, 1991/48 and 1992/17, adopted at the forty-fourth,
forty-fifth, forty-sixth, forty-seventh and forty-eighth sessions. They
invite the Special Rapporteur “to seek the views and comments of the
Government concerned on any information which he intends to include in his
report”. In his previous two reports, the Special Rapporteur has included the
answers provided by Governments to a questionnaire which he addressed to them
on 25 July 1990. The questions appearing in it were selected in the light of
the dialogue which the Special Rapporteur has been able to establish with many
Governments since taking up his mandate and reflect aspects which, in his
opinion, call for clarification. His analysis of the answers was included in
the report (E/CN.4/1992/52, paras. 93-164) which he presented to the
Commission on Human Rights at its forty-eighth session.
12. The Special Rapporteur welcomed the decision of the Commission in
resolution 1992/17 to extend his mandate for an additional three years. He
considers that the decision has enabled him to develop further his dialogue
with Governments and to offer them additional opportunities of providing their
comments on issues raised or on particular allegations transmitted to them.
This will enable him to present a more comprehensive analysis to the
Commission at the end of the three-year period of his mandate.
13. As in his previous reports, the Special Rapporteur has endeavoured, as
the terms of Commission on Human Rights resolution 1992/17 require, to respond
effectively to credible and reliable information coming before him, and to
E/cN. 4/1993/62
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carry out his work with discretion and independence. In order to do so, he
has drawn on a very broad range of governmental and non-governmental sources,
of very varied geographical origins, stemming both from organizations and from
individuals. Among such sources, the Special Rapporteur has endeavoured to
take due account of information from religious groups and denominational
communities. He has given priority to the use of recent information for the
period since the submission of his previous report to the Commission; however,
particularly in the case of situations mentioned for the first time, or in
order to take account of problems the origins or at least the manifestations
of which go back a number of years, he has sometimes made use of earlier
information and referred to it.
14. Given this multiplicity of responsibilities, the dialogue established
with Governments by the Special Rapporteur and the transmission of allegations
concerning their countries in no way implies any kind of accusation or value
judgement on the part of the Special Rapporteur, but rather a request for
clarification with a view to trying to find, along with the Government
concerned, a solution to a problem which goes to the heart of human rights and
fundamental freedoms.
II. SPECIFIC INCIDENTS IN VARIOUS COUNTRIES
EXAMINED BY THE SPECIAL RAPPORTEUR
15. The Special Rapporteur addressed specific requests to a number of
Governments, in accordance with the provisions of paragraph 11 of Commission
on Human Rights resolution 1992/17 which invites the Special Rapporteur “to
seek the views and comments of the Government concerned on any information
which he intends to include in his report,” and with the provisions of
paragraph 12 which calls upon Governments “to cooperate with the Special
Rapporteur, inter alia , by responding expeditiously to requests for such views
and comments”. In these specific communications the Special Rapporteur
requested any comments concerning information on situations which seemed to
involve a departure from the provisions of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief,
particularly those dealing with the enjoyment of the right of freedom of
thought, conscience and religion (arts. 1 and 6) ; the prevention, elimination
and prohibition of discrimination and intolerance on the grounds of religion
or belief in the recognition, exercise and enjoyment of human rights and
fundamental freedoms (arts. 2-4) ; and the right of parents to organize the
life within the family in accordance with their religious beliefs and the
right of children to have access to a religious education in accordance with
the wishes of their parents, as well as the right of children to be protected
from any form of discrimination on the grounds of religion or belief (art. 5) .
16. As of 15 December 1992, the following Governments had replied to the
specific communications transmitted to them by the Special Rapporteur
during 1992: Iraq, Myanmar, Saudi Arabia, Sudan.
E/CN. 4/1993/62
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17. In addition, following specific communications transmitted to Governments
during 1991, the Special Rapporteur received, after the finalization of his
report to the Commission on Human Rights, at the end of 1991 and in 1992
replies from the Governments of China, Cuba, Greece, Indonesia, Iraq, Sudan,
Switzerland, Syrian Arab Republic, United States of America. Both the
specific communications and the replies to them are included in this report.
China
18. In a communication sent on 31 October 1991 (E/cN.4/1992/52, para. 22),
addressed to the Government of China, the following information was
transmitted by the Special Rapporteur:
“According to the information received, the procedures for finding
reincarnations of monks in Tibet will be conducted by a committee organized by
the authorities. These regulations would violate an ancient religious
tradition and are said to directly affect the search for the reincarnation of
the Panchen Lama whose successor would have to be approved by the State
Council. According to the sources, the following regulations with regard to
searching for reincarnations have recently been established:
1. The search must be conducted under the leadership and guidance of
the Chinese Communist Party;
2. The reincarnation must be found within Chinese territory, not in a
foreign country;
3. The reincarnation must be determined and recognized by Lamas who
remain in China. Those who live abroad have no right to either
determine or recognize a reincarnation;
4. Reincarnations must not be found in the families of Communist Party
Members.
It has also been alleged that the following new criteria for the
selection of abbots in Tibet have also been established:
1. Educational level;
2. Leadership ability;
3. Approval of the monastery's Democratic Management Committee (whose
membership is said to be chosen or approved by the authorities) ;
4. Approval of the Prefecture Religious Bureau.
The Special Rapporteur has been informed that national legislation
governing religious affairs concerning Tibetans has been adopted and would
greatly appreciate receiving the text of this law. He would also be very
grateful to obtain a copy of the provincial law on religious activity in Tibet
as well as the ‘Rules for Democratic Management of Temples' which were enacted
E/cN. 4/1993/62
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by the People's Congress of the Tibetan Autonomous Region. In addition, he
would also like to acquaint himself with the activities of the Tibetan
Buddhism Guidance Committee.
It has been alleged that a report concerning basic policy on religious
affairs produced in February 1991 in the Ganze prefecture of Sechuan province
states that ‘Freedom of religious belief is a long-term policy which will
prevail until the natural extinction of religion', adding that ‘. . .we are not
totally ready for the natural extinction of religion, and we must make a
long-term effort' . The report states, inter alia , ‘. . . all the people living
in Ganze prefecture knew that among the 80,000 people living in Ganze
prefecture, 76 per cent are Tibetans, the majority of whom believed in Tibetan
Buddhism, and there is a thousand years of history (of them believing in it) .
From here we can see very clearly that we must have a good nationality
relationship in order to carry out the policy of freedom of religious belief' .
It has been said that the report further indicates that ‘We must remember
the lessons we have learned from the past when we adopted simplistic and
forceful methods to extinguish religion and eventually got just contrary to
what we had expected.' The report allegedly also states that ‘To protect
proper religious activities, it is also necessary for the masses of religious
people and monks to do according to the party's religious policy. Religious
activities and religious lives can only be developed and carried out within
the scope of the permission of the policy and law', adding ‘Of course, to
undertake religious activities outside the religious site is abnormal, and
must be forbidden.' It is also said to indicate that ‘Religious professionals
are responsible for liaising with the religious masses to manage religious
affairs and keep them in order, and to preserve monasteries, especially those
monasteries which have been listed as important cultural units.' It
reportedly prescribes that ‘We must bear in mind the reality of the masses of
people in our prefecture. They have just been living a reasonably well-off
life, and therefore we must advise them on not to donate too much money to
religion, and not to start big constructions, in order to avoid waste of
manpower, etc.' The report allegedly states further that ‘It should be
pointed out specially that the regulation on forbidding young people under
18 years of age to be religious was not seriously carried out in some areas.
It is not allowed and (is) a violation of the policy to seduce young people
into religion by taking advantage of their inexperience and inability to tell
right from wrong.' The report is said to conclude by indicating that ‘It is
obvious, therefore, that it is a long-term, not-ending-until-the-natural-
extinction-of-religion enduring work to continue to propagate the religious
policy to the masses, especially the religious people, to raise their level of
self-consciousness. ‘
It has been reported that the Monlam (Great Prayer) Festival has been
banned for the third consecutive year and that the streets in the Barkor area
of Lhasa which are used for circumambulation of the Jokhang Temple were dug up
during this period. It has also been reported that on this occasion a 24-hour
curfew had been placed on monasteries near Lhasa from 1 to 11 March 1991 and
that units of the People's Armed Police ( Wu Jing ) of up to 100 men sealed off
the monasteries, thus preventing about 900 monks from leaving the monasteries
of Drepung, Ganden and Sera. It has been alleged that a monk had been shot
and wounded in the abdomen by the armed police on 1 March 1991.
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It has further been reported that monks who were expelled from
monasteries, imprisoned and subsequently released and confined to their areas
of origin are obliged to report to the local police authorities every seven
days. They allegedly cannot leave the area without official permission and in
the event that it is granted must return within seven days. These
restrictions are said to be imposed for indefinite periods. If allowed once
again to join a monastery, the monks are confined to the monastery area and
required to report to the police every seven days. The reporting sessions are
said to last an hour and include requests for information about other monks in
the monastery. Monks are reportedly also restricted with regard to which
monastery they may receive education from.
Pilgrims visiting these monasteries are reportedly searched and special
approval by the authorities is said to be required for the performance of
religious ceremonies and rituals which are said to be limited mainly to
outward manifestations such as circumambulation and prostration. It has been
reported that the authorities have decreed that only ‘normal' religious
practices are allowed and only within specified buildings. All administrative
decisions are said to be made by local officials, thus depriving the monastic
officials of all authority.
It has further been alleged that in February and May 1991 all monks and
nuns in the principal religious institutions of Lhasa were confined by the
authorities to their quarters for periods of up to two weeks and that
permanent police teams were moved into these institutions. The admission of
new monks and nuns has allegedly been banned. The numbers of teachers who are
able to impart doctrine is said to be very small and declining. For example,
it has been alleged that there were only two qualified teachers holding the
geshe degree for 400 monks in Ganden monastery. There are allegedly only
35 holders of the geshe degree at Sera monastery, all of whom received their
degrees more than thirty years ago. This is said to result in a significant
generation gap between the novices and learned monks. As a result, only a
small number are said to have reached the intermediate level of training,
especially since monks are reportedly only permitted to debate two hours each
day. The Special Rapporteur was also informed that four Tibetan monks had
been sentenced to an average of 15 years' imprisonment in November 1989 for
translating the Universal Declaration of Human Rights.
According to the sources, severe restrictions on travel both inside the
country and abroad were imposed as of 27 September 1990, in anticipation of
the Kalachakra religious initiation ceremony which was to be held in December
in India. Local authorities are said to have received an ‘Instruction on
Doing Correctly the Work of Dissuading the Masses from Leaving the Country',
with a view to discouraging people from attending this important Buddhist
ceremony. It has been alleged that the orders specifically concerned persons
who are leaving the country ‘to hear prayers'. It has also been alleged that
persons who had travelled abroad to attend the Kalachakra ceremony have been
arrested upon return and imprisoned for six months.
The Special Rapporteur has been informed of the arrest of the following
monks who are currently said to be detained in Drapchi prison. Since no
reasons for their arrest were reported, the Special Rapporteur would be
grateful if the Government could provide information with regard to the
E/cN. 4/1993/62
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section of the Criminal Code under which they have been charged as well as the
circumstances surrounding their arrest (the names are provided in the common
phonetic transliteration) :
1. Lobsang Tsultrim, aged 75 Drepung monastery
2. Khyentse Legdrug, aged 27 Namrab Dag monastery
(Lay name: Phurbu Tsering)
3. Ngawang Rangdrol, aged 20 Samye monastery
4. Lobsang Yeshe, aged 26 Ganden monastery
S. Lobsang Choejor, aged 32 Ganden monastery
(Lay name: Chunjor)
6. Lobsang Tashi, aged 28 Ganden monastery
(Lay name: Chungdak)
7. Lhundrub Gaden (or Kelden), aged 22 Ganden monastery
(Lay name: Tashi)
8. Thubten Tsering, aged 64 Sera monastery
9. Ngawang Tenzin, aged 21 Kyormolung monastery
(Lay name: Nyima)
10. Ngawang Shenyen, aged 25 Kyormolung monastery
(Lay name: Phun Dorje)
11. Ngawang Rabsang, aged 18 Kyormolung monastery
(Lay name: Norbu)
12. Thubten Namdrol, aged 63 Draraludrag monastery
In addition, the Special Rapporteur's attention was drawn to the cases of
arrest of the following members of the Christian clergy:
1. Su Zhimin, aged 58, Roman Catholic Vicar-General of Baoding,
reportedly arrested on 17 December 1989 and sentenced on 21 May 1990 by the
Baoding City Labour Re-education Administrative Committee to three years of
re-education through labour, reportedly for taking part in the Chinese
Bishops' Conference held in Sanyuan in November 1989. He is said to have been
accused of ‘taking part in illegal activities' and was allegedly sent to the
labour camp near Tangshan city, Hebei province.
2. Father Francis Wang Yijun, aged 75, Vicar-General of Wenzhou,
reportedly sentenced by the Labour Re-education Administrative Committee of
Wenzhou City People's Government to three years of re-education through labour
on 5 February 1990, the day on which he completed his eight-year prison term
because of his religious convictions. It has been alleged that the new
sentence is to run from 20 March 1990 to 19 March 1993.
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3. Xu Guoxing, aged 36, Protestant preacher from Shanghai, reportedly
arrested on 6 November 1989 for having ‘seriously interfered and damaged the
regular order of religious activities' . The Shanghai Municipal Public
Security Bureau sentenced him to three years of re-education through labour
on 1 November 1989. His sentence is to run from 6 November 1989 to
5 November 1992.
4. Liu Qinglin, aged 59, Protestant evangelist from Moguqi, reportedly
arrested in July 1989 and sentenced to three years of re-education through
labour because he carried out religious activities without official approval.”
19. On 9 January 1992 the Permanent Mission of the People's Republic of China
transmitted the following information to the Special Rapporteur with regard to
the above-mentioned allegation (E/CN.4/1992/52, para. 22) :
“(a) Concerning China's religious policy:
The basic policy of the Chinese Government towards religion is to respect
and protect the freedom of religious belief. This is as prescribed in
Article 36 of the Constitution of the People's Republic of China. The
implicit meaning of this policy is this: every citizen has the freedom to
believe, or not to believe, in a religion; the freedom to believe in such or
in another religion; or within the same religion, the freedom to believe in
such or in another sect; and, finally, the freedom not to believe in the past
but to believe at present, as well as the freedom to believe in the past but
not to believe at present. The substance of this policy is to make the
question of the religious belief into one of freedom of choice, in other
words, to make it the private business of each citizen. The Chinese
Government undertakes to respect and protect, under law, the right to freedom
of religious belief and the legitimate concerns of normal religious activities
and organizations.
Whether or not they are religious, all citizens of China enjoy the same
rights and carry the same duties. All religions in China have the same
status, there being no dominant religion in the country.
The Chinese Government treats all religions equally. No one in China is
persecuted for his or her religious belief. According to Article 147 of
China's Penal Code, any official who abuses the normal freedom of religious
belief of a citizen or who violates the customs and traditions of an ethnic
minority, depending on the seriousness of the offence, may face up to
two years of imprisonment or penal servitude.
The Constitution of the People's Republic of China further stipulates:
‘No one may make use of religion to engage in activities that disrupt public
order, impair the health of citizens or interfere with the educational system
of the State. Religious bodies or religious affairs are not subject to any
foreign domination.' This has in mind that a few persons have used religion
to swindle, seduce, endanger health, disrupt normal public order and even
engage in subversion, for which they have received criminal or administrative
penalty. For such is no longer a question of religion or religious belief.
JIIyone found violating the law shall be judged according to law.
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(b) Concerning some clergy, their situation has been looked into and
ascertained as follows:
- Su Zhimin, a Catholic of Qingwan county, Hebei province, was found to
have conspired to form an illegal organization and hold an illegal
mass rally to disrupt social order in violation of the Constitution of
the People's Republic and the Regulations on Registration for Social
Bodies. He was ordered in December 1989 to undergo three years of
education through labour;
- Wang Yijun, formerly a Catholic priest from Changnan county,
Zhejiang province, was found to have printed and distributed pamphlets
propagating the forcible overthrow of the Government in violation of
the Penal Code of the People's Republic. He was ordered in March 1990
to undergo three years of education through labour;
- Xu Guoxing, a protestant from Shanghai, was found to have conspired to
form an illegal organization to disrupt social order in violation of
Regulations on Registration for Social Bodies. He was ordered in
June 1989 to undergo three years of education through labour;
- Liu Quinglin, a protestant from Zhalantun township in Hulun Buir Meng,
Inner Mongolia, was found to have used quack medicine to swindle the
superstitious, inadvertently causing the deaths of two persons in
violation of the Penal Code of the People's Republic. He was ordered
in June 1988 to undergo three years of education through labour.
(c) Concerning Tibet, the case cited is still under investigation.
(d) The relevant legal provisions requested by you are being collected
and prepared by the departments concerned.”
20. On 28 January 1992, the Permanent Mission of the People's Republic of
China transmitted the following information to the Special Rapporteur with
regard to the part of the allegation concerning members of Christian clergy
which he had sent on 15 June 1990 (E/CN.4/1991/56, para. 48) :
“It has been reported that a number of Roman Catholic priests have been
arrested in several provinces of northern China. The arrests were said to be
connected with the implementation of new policy directives issued by the
authorities in February 1989 in a document entitled ‘Strengthening Catholic
Church Work in the Present Situation'. It was reported that according to the
document, Catholics who remain loyal to the Vatican and carry out religious
activities outside the Government-organized Church should be ‘severely dealt
with in accordance with the law' .
The following cases of arrest of Roman Catholic priests have been
reported:
1. Liu Shuhe, a 69 year-old bishop from Hebei province, is reported to
have been detained since November 1988, allegedly without charge.
E/CN. 4/1993/62
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2. Pei Konggui, a Trappist monk of Hebei province, was reportedly
arrested in Beijing on 3 September 1989 after administering the last rites in
a Catholic's home.
3. Liu Guangdong, Peter, Bishop of Yixian diocese in Hebei province,
was allegedly arrested on 26 November 1989.
4. Li Side, Joseph, Bishop of Tianjin diocese, is reported to have
been arrested at his home during the night between 8 and 9 December 1989.
S. JIIthony Zhang, a parish priest, was reportedly arrested in Shaanxi
province on 11 December 1989.
6. Matthias Lu Zhensheng, Bishop of Tianshui, Gansu province.
7. Barth l my Yu Chengti, Bishop of Hanzhong, Shaanxi province.
8. Philipp Yang Libo, Bishop of Lanzhou, Gansu province.
9. Joseph Fan Xueyan, Bishop of Baoding.
10. Bishop Guo Wenzhi was reportedly arrested in Qiqihar, Heilongjiang,
on 14 December 1989.
11. Lieu Guangdong, Bishop of Yiuina, Hebei province, and Li Side,
Bishop of Tianjin, have reportedly also been taken into custody.
“1. Respecting and protecting freedom of religious belief is the
Chinese Government's basic policy towards religion. Article 36 of the Chinese
Constitution stipulates this clearly. The implications of this policy are
that every citizen enjoys the freedom to believe in a religion and the freedom
not to; within any given religion, he enjoys the freedom to believe in a
particular denomination and the freedom not to; he enjoys the freedom not to
have believed in the past but to do so now, and the freedom to have believed
in the past but not to do so now. The essence of the policy is that whether
to practise a religion is a matter which each citizen is free to decide and is
his private business. The Chinese Government respects and protects citizens'
right to freedom of religion and the lawful rights and interests of normal
religious movements and associations in accordance with the law.
In China, religious and non-religious citizens are treated alike in
political and legal matters, and all have the same rights and obligations.
All religions are treated equally: there is no dominant religion. The
Chinese Government is equally well disposed towards all of them. No one in
China has been subjected to persecution for his religious beliefs.
Article 147 of the Penal Code states that if a State employee unlawfully
deprives a citizen of his normal freedom of religious belief or violates the
customary practices of an ethnic minority and the case is grave, he shall be
liable to up to two years' imprisonment or forced labour.
E/cN. 4/1993/62
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The Constitution and laws also stipulate that ‘no one may use religion to
promote activities detrimental to the social order, injurious to citizens'
health or liable to hamper the State educational system. Religious groups and
activities may not be controlled by foreign powers' . A small number of
people, using religion as a pretext, embezzle money, seduce women, endanger
people's health and disrupt the normal social order - even engaging in anti-
Government activities; these are subject to criminal or administrative
penalties. But this has nothing to do with religion or religious belief:
anyone who breaks the law must be dealt with as the law dictates.
2. Upon inquiry, the circumstances of the clergy you refer to in your
letter prove to be as follows:
Pei Ronggui, from Luancheng County, Hebei, a Catholic. Was sentenced to
five years's imprisonment in May 1989 for severe disruption of the social
order and violation of the Chinese Penal Code.
Li Side, from Tianjin, formerly a Catholic priest. He was committed for
three years' re-education through labour in November 1989 for conduct
violating the Chinese Constitution and the regulations governing the
registration of public associations.
We are looking into the other cases at the moment.”
21. On 6 February 1992 an additional reply from the Permanent Mission of the
People's Republic of China was transmitted to the Special Rapporteur with
regard to the allegation contained in his communication of 31 October 1991
(E/cN.4/1992/52, para. 22) :
“1. Identification and approval of the reincarnation (‘Soul Boy') of a
living Buddha
The reincarnation of living Buddhas is a feature peculiar to Tibetan
Buddhism which began in the thirteenth century A.D. and thus dates back over
700 years. Over the centuries a basic tradition and religious ritual for the
identification of the Soul Boy has evolved in Tibetan Buddhism; successive
central Governments have devised an entire procedure for dealing with the
matter, which has become a convention. Taking the reincarnation of major
living Buddhas, such as the Dalai Lama and Panchen Lama, as an example, the
procedure basically runs as follows: (1) upon the passing to another world of
a living Buddha, the site where his Soul Boy will be born is determined by
reference to prophesies made before the deceased Buddha's birth and omens and
oracles at the time of his death; (2) members of the monastery where he lived
are dispatched to that area to make secret inquiries and select children who
are likely candidates for the Soul Boy; (3) the children selected are asked to
identify objects that belonged to the deceased in his former life, or are
examined by his acolytes; (4) the children identified by this screening are
notified to the central Government and, with its approval, proceed to draw
lots from the golden bottle (Penba) ; (5) the Soul Boy identified by the
drawing of lots may, with the approval of the central Government, assume the
title of Dalai Lama, Panchen Lama or other living Buddha and undergo the
enthronement ceremony. The fourteenth Dalai Lama (1935- ) and the
tenth Panchen Lama (1939-1989) were both approved by the central Government in
E/CN. 4/1993/62
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this way, in February 1940 and August 1949 respectively, before assuming
office. The Chinese Government treats the religious ritual, tradition and
historical convention associated with the present-day identification of
reincarnations of Tibetan living Buddhas, and the activities of the various
monasteries and temples involved, with the utmost respect. The passing to
another world of the Panchen Lama and the search for his Soul Boy are being
handled in precisely this manner. The claim in the annex to your letter that
this violates ancient religious tradition is incorrect.
2. The search for the Soul Boy within China
Throughout history, the search for the Soul Boys of Tibetan living
Buddhas has invariably been conducted within the regions inhabited by the
Tibetan Buddhist Zang, Mongolian and other Chinese ethnic minorities. Hence
it is quite normal for the current search to be carried out within the
country.
3. The ‘banning of the Great Prayer Festival for the third consecutive
year'
Suggestions of this sort are quite at variance with reality. The
Permanent Mission of China in Geneva sent a letter to the Special Rapporteur
on religious matters in December 1990 giving a full account of this topic; it
was incorporated into his report to the Commission on Human Rights at its
forty-seventh session (E/CN.4/1991/56, p. 81 of the English text) .
4. The claim that ‘pilgrims are searched'
That citizens of the People's Republic of China enjoy freedom of
religious belief as one of the civil rights enunciated in the Chinese
Constitution.
Respecting citizens' freedom of religion and protecting normal religious
activities is the basic and consistent policy of the Chinese Government on
religious matters. The Government has never interfered in or restricted the
religious rites observed at Tibet's many monasteries or the Buddhist
activities of the religious masses. Nowadays hundreds of thousands of ethnic
Tibetans and over 10,000 foreign pilgrims and tourists annually visit
monasteries all over the country. There are no ‘searches of pilgrims'.
S. The claim that ‘four monks were imprisoned for translating the
Universal Declaration of Human Rights'
The Chinese Government regards the Universal Declaration of Human Rights
as the prime international instrument specifically and systematically
promoting and protecting basic human rights. Despite its historical
limitations, the Declaration has made a positive contribution to the
development of the post-war international human rights movement. Many Chinese
publications have translated and printed it. The claim that four Tibetan
monks were sent to prison in November 1989 for translating the Declaration is
absolutely unfounded.
E/cN. 4/1993/62
page 13
6. The cases of the Tibetans listed in the Special Rapporteur's
communication
Upon investigation, it transpires that the Chinese Government has already
replied to inquiries about some of the Tibetans on the list and the replies
were incorporated into your report to the Commission on Human Rights at its
forty-seventh session. The remaining names are now being investigated by the
appropriate Chinese ministries.”
22. In a communication sent on 18 November 1992 addressed to the Government
of China, the following information was transmitted by the Special Rapporteur:
“Information concerning Buddhists
The Special Rapporteur has continued to receive information concerning
the exercise of the freedom of religion in Tibet which reportedly remains
subjected to the control of the authorities through the Religious Affairs
Bureau, the Tibetan Buddhist Association and the Democratic Management
Committees. Religious practice is reportedly still reduced to superficial
ritualistic manifestations of faith such as prostration, circumambulation of
holy places, flying of prayer flags and the spinning of prayer wheels.
Pilgrimages to religious sites have also been restricted and the Monlam Prayer
Festival has remained prohibited since 1989. The practice of Buddhism
continues to be restricted to monasteries and places officially designated for
worship and the teachers allowed to give public teachings within monasteries
and nunneries are carefully selected.
In February 1991, the Party Central Committee and the State Council are
reported to have jointly issued Document No. 6 on ‘Making Further Progress
on Certain Problems in Religious Work' . It refers, inter alia , to the
‘implementation of laws, regulations and policies concerning religion through
which the Government exercises administrative management and supervision over
it.', adding: ‘The patriotic religious organizations and the professional
religious personnel are responsible for supervising them in accordance with
the principles of democratic management. ... Approval of the People's
Government above the county level must be obtained in order to open new
places for religious activity' . As concerns foreign religious bodies or
individuals, they are not ‘permitted to establish a business office, build
churches and temples or carry out missionary activity in our country' and any
agreement on cooperation that may be signed ‘should not contain articles
permitting missionary work' . The approval of the State Council is required
for participation in ‘a prominent activity overseas' . The document stipulates
in addition that ‘if important and influential religious persons come to China
to visit or for tourism, the Affairs Bureau should be notified' .
The patriotic religious organizations, ‘should accept the leadership of
the party and Government', which would ‘help them to solve problems connected
with the carrying out of their work, such as office space, expenses, and
the difficulties in some places concerning the livelihood of religious
professionals' . In addition, the authorities would ‘help them to train in a
planned and organized way a band of religious professionals who fervently love
E/CN. 4/1993/62
page 14
the motherland, accept the party's leadership, persevere in following
socialism, safeguard national and ethnic unity, have religious knowledge and
are adept at contacting religious believers' .
In Chapter VI entitled ‘Strengthen the Party's Leadership over Religious
Work', it is stated, inter alia , that ‘It is not permitted for published works
which touch upon religion to violate the party and Government's religious
policy . ..‘. In addition, ‘Communist Party members may not believe in
religion, nor may they participate in religious activities. Party members
should be helped ‘to acquire a correct world view, to draw clear boundaries
between atheism and theism and to affirm their faith in communism. For those
who persist in their ways, encourage them to withdraw from the party. ‘
The Special Rapporteur was informed that major monasteries continue to be
administered by Work Inspection Units and Democratic Management Committees,
which are even involved in the process of selecting abbots, while permanent
police stations have continued to be maintained in larger monasteries such as
Drepung, Ganden and Sera. In addition to a declining number of students, it
has been alleged that the number of qualified teachers able to impart doctrine
is also very small and on the decline. It has been reported, for example,
that the Ganden monastery near Lhasa which has a population of 400 monks has
only two fully qualified teachers ( Geshe Lharampa ) . It has further been
alleged that between 1990 and 1992, the number of monks at the Draghla Lhubuk
temple has been reduced from 25 to 2. In addition, it has been alleged that
in many monasteries there is insufficient time to engage in religious study
because of the burdensome work requirements imposed by the monastery
Democratic Management Committees which reportedly require monks and nuns to
work eight hours a day, six days a week. This practice is said to have
engendered a new category of monks known as Lalang whose tasks may include
farming, animal husbandry and trading.
Monasteries and nunneries reportedly continue to receive quotas for
novices and have not been able to accept any new ones since 1988. Although
monks and nuns would traditionally join a monastery at the age of seven or
eight, the induction of novices below the age of 18 is now prohibited by law.
Candidates must reportedly have some and at times all of the following nine
qualifications:
1. Be at least 18 years old.
2. “Love” the country and the Communist Party.
3. The candidate's parents must give their consent.
4. The candidate and the candidate's parents should have a good
political background.
5. The candidate must have been raised in a certain geographic area.
6. Approval from the monastery's Democratic Management Committee.
7. Approval from local authorities.
E/cN. 4/1993/62
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8. Approval from country or provincial authorities.
9. Clearance from the Public Security Bureau.
The Special Rapporteur has been informed that monks and nuns have
continued to be arrested and detained. He was also informed that on
29 September 1991, the authorities announced at a public meeting in Lhasa
that the police and army had been authorized to shoot persons taking part in
demonstrations or putting up unauthorized posters. The following monks and
nuns are among those who have been arrested in 1991 and 1992, mostly during
demonstrations:
March 1991
- Four monks from Drepung monastery believed to be held in Gutsa
prison were arrested in connection with the hoisting of the
Tibetan flag on the monastery roof on 10 March: Ngawang Chime (22)
and Ngawang Denchoe (24) on 21 March; Ngawang Samten (22) and
Ngawang Phuntsok (25) on 29 March;
- Five monks from Dingkar monastery: Ngawang Soepa (28) ,
Kelsang Gyaltsen (25), Ngawang Tsundu (26), Ngawang Legshe (22) and
Ngawang Namgyal (22) were arrested around 3 p.m. on 17 March and are
reportedly detained in Drapchi prison, having received prison
sentences ranging from three to six years (18 and 23 March were
also cited as possible dates of arrest) ;
April 1991
- One nun from Gari nunnery was arrested on 30 April in the Barkhor when
she staged a solitary demonstration;
- One monk from Dingkar monastery, Penpa (Ngawang Ludrup) (22) , was
reportedly arrested in April;
May 1991
- Two monks from Samye monastery, Sherab and Lhagyal, both aged 21, were
arrested for participating in a demonstration;
- One monk from Sera monastery, Ngawang Gyaltsen, was arrested on 3 May;
- Eight monks from Sera monastery were arrested around 1.20 p.m. on
26 May as they were marching from the Ramoche to the Jhokhang Temple
(one of the monks was reportedly stabbed) : Lobsang Delek (22),
believed to be detained in Sangyip prison, Lobsang (Topchu)
Thabkhe (25), Lobsang Lhudrup (23), Kunkyab (19), Lobsang Nyima (24),
Thupten (23) and Tsetan (Tsering) Tashi (or Phuntsok Tsungme) (20),
all believed to be detained in Gutsa prison;
E/CN. 4/1993/62
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June 1991
- Four (or seven) monks were reportedly arrested on 2 June for
displaying the Tibetan flag;
- Twelve nuns were reportedly arrested on 9 June; the following
specific names were given concerning nuns from Gari nunnery
believed to be detained in Gutsa prison: Ngawang Namdrol (19),
Gyaltsen Lhochoe (22) , Gyaltsen Dolma (17) , Gyaltsen Pema (18) and
Ngawang Lhamo (18);
- Four nuns from Tsamkhung nunnery were reportedly arrested in Lhasa in
June: Ngawang Lhamo (22), Tsamchoe (23), Ngawang Yangchen (25),
Karma (24);
- Four other nuns from Tsamkhung nunnery were reportedly arrested on
10 June: Karma Choedon (22), Phurbu Choedon (22), Tsamchoe (22) and
Ngawang Wangmo (23);
- Two nuns were arrested during a demonstration on 27 June in Lhasa;
- Five nuns from Chupsang nunnery were arrested in June and are
believed to be detained in Gutsa prison: Gyaltsen Ngodup, Phentog,
Gyaltsen Dhamchoe, Tashi Dolkar, Tsultrim Sangmo;
July 1991
- Three nuns aged between 18 and 25 were arrested in Lhasa on
19/20 July;
August 1991
- One monk from Sera monastery, Kelsang Phuntsok (21) , was arrested
on 4 August and is believed to be detained in Gutsa prison;
- One monk and one nun, Phuntsok Tseyang, from Mijungri nunnery
were arrested by members of the Public Security Bureau in Lhasa
on 14 August;
- Five nuns from Chupsang nunnery: Gyaltsen Ngodup (24) ,
Ngawang Youdron (23), Ngawang Tseten, Gyaltsen Dhamchoe and
Tsultrim Zangmo were arrested on 19 August;
- Six nuns from Tsamkhung nunnery were reportedly arrested on 27 August
in Lhasa and are detained in Gutsa prison, having received prison
sentences ranging from one to three years: Tenzin Choedon (29),
Phurbu Choedon (22), Ngawang Yangdol (18), Pema Choedon (20),
Jampal Sangmo (19) and Karma Choedon (21);
- Four monks from Drepung monastery were also arrested in August:
Ngawang Ludrup, Jampel Nyima, Ngawang Zangpo and Ngawang Gomchen;
E/cN. 4/1993/62
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September 1991
- One nun from Chupsang nunnery, Tendrol, was arrested on 2 September
for demonstrating in the Norbulingka, expelled from the nunnery and
sentenced to three years' imprisonment;
- Two monks, Phuntsok Samten (24) and Tsering Dhondup (20), were
arrested on 4 September and are detained in Gutsa prison;
- Two monks from Drepung monastery, Ngawang Rigsum (17) and
Ngawang Dawa (17) , were arrested in Lhasa;
- Four monks from Sera monastery were arrested on 10 September:
Ngawang Ngonga (16), Ngawang Thuchen (19), Ngawang Jigme (17) and
Phuntsok Dhondup (17);
- Five monks believed to be from Drepung monastery were arrested and
severely beaten in Lhasa on 14 September;
- Four monks from Drepung monastery were arrested on 27 September;
- One nun from the Toelung Dechen district of Lhasa, who does not belong
to any monastery, was arrested and severely beaten on 30 September;
- One monk was bayonetted and reportedly later died in September;
- The following 15 monks were reportedly arrested between May and
September in Lhasa and are believed to be detained in Gutsa prison:
Ngawang Gomchen (19), Ngawang Lhudup (32), Ngawang Sangpo (27),
Choephel (17), Ngawang Wangchuk (or Buchung Ghenpa, 16), Jampa (17),
Penpa (18) , Tsawa Khampa (15), Tenzin (16) , Jampal Phuntsok (25) ,
Ngawang Rabjor (21), Phuntsok Thutob (17), JIIjo (15), Buchung (15)
and Jampal Nyima (26);
October 1991
- Four monks demonstrated on 1 October in the Barkhor in Lhasa and were
arrested and severely beaten by the police; it is feared that they may
have died as a result;
January 1992
- A small group of monks and nuns are believed to have been arrested
on 1 January;
- Two monks from Serkhang monastery were reportedly arrested in Phenpo
in January and are believed to be detained in Gutsa prison:
Ngawang Yeshe (22) and Yeshe Jamyang (19);
- Two monks from Dhopung Choekhor monastery in Chidhe were reportedly
arrested in March: Migmar (20) and Shilog (33);
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February 1992
- Five nuns from Mijungri nunnery were reportedly arrested on 3 February
in Lhasa: Lobsang Dolma (22), Tinley Choezom, Lobsang Choedon,
Sherab Ngawang (12) and Lobsang Dolma; one monk was also arrested
in the demonstration;
- Six monks were reportedly arrested on 3 February in Lhasa;
March 1992
- Five nuns are believed to have been arrested on 14 March near the
Jhokhang Temple;
- Two monks from Ganden monastery, Tsering Phuntsok (26) and Jamyang,
were arrested on 20 March;
- Seven monks believed to be from Ganden monastery were reportedly also
arrested in Lhasa on 20 March: Sonam Bhagdro, Lobsang Tenzin, Dawa,
Dawa (23), Sonam Paljor, Sonam Dawa (23) and Ghelong (30);
- One monk from Thang-gya monastery in Maldro Gungkar, Thupten Kunphel,
was reportedly arrested on 20 March;
- Three nuns from Gari nunnery were reportedly arrested on 20 March in
front of the Jhokhang Temple;
- One monk from Drepung monastery was reportedly arrested on 20 March;
- One nun, Penpa (25) , from Gari nunnery was arrested on 21 March;
- Three to seven nuns from Chupsang or Gari nunnery were reported
arrested on 21 March;
- Two identified monks from Jamchen monastery (Rong) were arrested
in Rong in March: the monastery Ghekoe (disciplinarian) and
Thupten Kunga (in his 70s) while 43 more who were reportedly also
arrested have not been identified;
- Four Drepung, Six Sera monks and one nun were reportedly arrested
between 22 and 24 March;
- Ten monks from Yakdhe (or Tharpa Choeling) monastery (Rong)
were reportedly arrested in March: abbot Lobsang Iknyen (61) ,
Ghekoe Lobsang Lungtok (65), Ngawang Serzang (50),
Ngawang Phuntsok (30), Ngawang Dhargye (23), Ngawang Tenzin (21),
Ngawang Tharchin (24), Lobsang Lhudup (23), Ngawang Choephel (15)
and Tenpa (12);
- Eleven monks from Drayul Kyitsal monastery were reportedly arrested in
March;
E/cN. 4/1993/62
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- Monks of the Tashi Lhunpo monastery in Shigatse reportedly staged a
demonstration in March;
May 1992
- Forty monks from the Menpa College of Kirti Gonchen monastery were
arrested in Ngapa Dzong district in north-eastern Tibet on 1 May,
eight of whom were detained for ‘further investigation';
- Thirteen nuns from Chupsang nunnery were arrested in Lhasa in May:
Tsering Choedon, Nyidol, Gyaltsen Kelsang, Nyangdre (22),
Ngawang Dhegon, Chungdhak (23), Ngawang Wangmo, Ngawang Rigdol (21),
Lobsang Choekyi, Dhogdhe (20), Ngawang Nyima (22),
Ngawang Choedon (22) and Gyaltsen Nyingnyi (22);
- Nine monks from Ganden monastery were reportedly arrested half-way
through the circumambulation path around the Jhokhang Temple in
Lhasa, in May: Tashi Dawa, Tsetan Samdup, Tsering Nyima, Tenzin,
Tenzin Damdul, Ehu Kelgyal, Jampa Tenzin, Bhagdro, Ngawang Tengye;
- Six monks were believed arrested on 7 May, five monks on 8 May,
three monks on 11 May;
- Eight monks from Ganden monastery were reportedly arrested in Lhasa on
11 May after having completed only one quarter of the circumambulation
path around the Jhokhang Temple;
- Six nuns from Nyigon (or Nyengon) nunnery were reportedly arrested in
Lhasa on 13 May: Ngawang Phurdon, Ngawang Nordon, Ngawang Tsamdon,
Ngawang Gyatso, Ngawang Ngondro and Ngawang Choekyi;
- Two monks from Ganden monastery are believed to have been arrested on
13 May;
- Three monks from Drepung monastery believed to be detained in
Gutsa prison were reportedly arrested in Lhasa on 13 May:
Jordhen (23), Samdup (27, who is said to have been severely
tortured during interrogation) and Tenzin Tinley (in his 30s) ;
- Six nuns from Chupsang nunnery are believed to have been arrested on
14 May;
- Three monks from Phurchok (or Phurbu Chok) monastery were reportedly
arrested in Lhasa on 16 May: Lobsang Dorje (22), Lobsang Lhodup (21)
and Lobsang Sherab (19);
- One monk, Lobsang Dhargye, and one nun, Sonam Dolkar, from
Sangngag monastery were reportedly arrested in Lhasa on 16 May;
- Three monks from Nenying monastery were reportedly also arrested in
May;
E/CN. 4/1993/62
page 20
June 1992
- Two nuns and three monks believed to be from Gyama Trikhang monastery
were reportedly arrested on 15 June;
- Twelve nuns from Gari nunnery were reportedly arrested in Lhasa on
22 June: Ngawang Rigdol (19/20), Ngawang (Rinchen) Zangmo (21),
Ngawang Dhadon (16/17), Ngawang Nyima (22), Lobsang Dolma (19/20),
Gyaltsen Kunsang (23), Ngawang Palkyi (17), Lobsang Choekyi (20),
Ngawang Tengye (16/17), Gyaltsen Nyinyi (22), Ngawang Kyema (22) and
Damchoe Gyaltsen (24) .
In the course of 1992, arbitrary arrests of monks reportedly also
took place at the Drayul Kirtsal, Rong Jamchen and Yakdhe Tharpa Choeling
monasteries in the Rimpung region, at the Nenying monastery in Gyangtse,
Serkhang monastery in Phenpo, Dhopung Choekhor monastery in Lhokha and
Gyalche monastery in Nyemo.
A nun who was released recently from Gutsa prison reported that
imprisoned monks and nuns were severely beaten and kicked even for singing
and forced to undergo blood extraction, which at times caused severe nausea
and weakness in view of the prison diet. She also described the practice of
suspending nuns who had been stripped of their clothes, from trees for up to
three hours at a time with their hands tied behind their backs, which
invariably caused dislocation of the shoulders. Beating and the use
of electric cattle prods were reportedly also used on the nuns during
this type of torture. It has also been alleged that on 10 December 1991,
Kelsang Tsultrim, a monk imprisoned in Block Five of Drapchi prison, was
severely beaten and tortured by the prison authorities and put in solitary
confinement when he refused to sing songs in praise of socialism during a
political re-education session.
It has been alleged that on 20 May 1991, monks imprisoned at the Drapchi
and Sangyip prisons in Lhasa staged a non-violent demonstration after which
their sentences were increased by several years. The Special Rapporteur was
informed of the following specific cases: Tenar Phuntsok (62) , curator of the
Potala Palace in Lhasa, sentenced to an additional nine years; Wangdu (23) ,
curator of the Jhokhang Temple in Lhasa, to an additional five years;
Lhakpa (22), curator of the Lugug monastery in Lhasa, to an additional five
years; Phurbu (19) , a monk from Ganden monastery in Lhasa, to an additional
five years; Sodor (20) , a monk from Bumthang monastery south of Lhasa, to an
additional five years.
In addition, a monk who was recently released from prison reported
that a number of monks had been transferred to a new prison opened in
1992 located in the Toelung Dechen district south-west of Lhasa. It
currently holds approximately 200 prisoners but will reportedly hold up to
1,000 detainees and will be one of the largest in the Tibet Autonomous Region.
The following monks are reportedly detained in the new prison:
Ngawang Thonglam and Sonam Dorje from Ganden monastery; Jigme from the
Jhokhang temple; Tinley (20); Bhuchok (24) and Phurbu (25) from the
E/cN. 4/1993/62
page 21
Draghla Lhubuk temple; Phurbu and Phuntsok from the Tsomonling monastery
in Lhasa; Tenzin from Tashi Choeling monastery; Tsering Dorje from
Gyume monastery in Lhasa and Lobsang Choejor from the Ratoe monastery.
According to the sources, Jampa (Champa) Tenzin (49) , a well-known monk
who worked as chapel attendant at the Jhokhang temple in Lhasa, died between
3 and 7 a.m. on 22 February 1992. Jampa Tenzin was reportedly discovered
lying in his bed half-covered with a quilt, with a rope around his neck and
covered with blood. The end of the rope tied around his neck was allegedly
tied to a leg of the bed but the bed had not been tilted. It has also been
reported that medical experts have described self-strangulation as virtually
impossible to accomplish and not causing extensive bleeding. It has been
alleged that the Public Security personnel who examined Jampa Tenzin's body on
the spot declared that he had committed suicide and reportedly made the head
of Jhokhang temple sign a document accepting this decision, although the monks
at the temple and other inhabitants of Lhasa who knew Jampa Tenzin refute this
decision. No thorough formal investigation of the monk's death was reportedly
undertaken by the authorities. Jampa Tenzin was reportedly not known to have
ever suffered from depression.
In paragraph 22 of his last report to the Commission on Human Rights
(document E/cN.4/1992/52), the Special Rapporteur indicated that a number of
Tibetan monks had been sentenced to an average of 15 years' imprisonment for
translating the Universal Declaration of Human Rights. The Special Rapporteur
was recently informed that 10 monks from Drepung monastery were sentenced in
this connection and that Buchung Ngawang, who is reportedly thought to have
organized the campaign of dissemination of the Universal Declaration, was
sentenced to 19 years of imprisonment.
Information concerning Muslims
It has been reported that in November 1991, government officials in
Xinjiang province had systematically interrogated 25,000 members of the Muslim
clergy, 2,500 of whom were found not to fulfil the requisite political and
religious criteria to exercise their profession which were established by the
Government. A number of private Koranic schools were also closed at the time.
The Special Rapporteur also received information that a number of
well-known Uygur religious personalities were arrested and imprisoned between
June 1990 and March 1992 in Eastern Turkestan.
Information concerning Christians
According to the information received, on 5 July 1991, the People's
Government of Daishan county, Zhejiang province, issued a ‘Public Notice
Concerning the Strengthening of Control of Christian Activities in the Whole
Country' . The proposed aim of the notice was reportedly, inter alia , ‘to
restrict and crack down on all types of illegal religious activities,
resolutely resist the infiltration of unfriendly outside religious forces,
and to strengthen control of Christian activities in the whole country' .
The notice also stipulates: ‘With the exception of the country “Three Self”
patriotic churches that have already registered and been approved, all other
Christian meeting places that have not registered must implement registration
E/CN. 4/1993/62
page 22
of the believers. . . Otherwise, these are all illegal meetings and according to
the law shall be banned. . . Appropriate departments will use coercive measures
to force compliance. ‘
In addition, the notice indicates that ‘No person is allowed to use
religion to oppose the leadership of the party and the socialist system' and
that, ‘It is not allowed to coerce anyone, especially young people and
children under the age of 18 to accept religion.'
As concerns preaching, ‘If “itinerant preachers” from outside remain in
our county to meet illegally and carry out their activities, the Public
Security Bureau will severely deal with them. Those who receive and give
shelter to these preachers or know of their whereabouts without making a
report, will also be severely dealt with. . . Those who organize group
listening, recording of and the rebroadcasting of the radio broadcasts of
unfriendly overseas religious forces . . . upon detection, shall be resolutely
dealt with. . . Those who accept the supervision of outside religious powers'
will be held legally responsible and will be subjected to investigation.
In his report to the Commission on Human Rights at its
forty-seventh session (E/CN.4/1991/56) , the Special Rapporteur reproduced
the reply of the Chinese Government concerning 59-year-old Trappist priest
Father Pei Ronggui who had been arrested in Beijing on 3 September 1989,
which indicated that his case was under examination. It has been reported
that on 26 January 1992, Father Pei was sentenced to five years' imprisonment
and was allegedly sent to Prison No. 4 in the city of Shijiazhuang,
Hebei province. Father Li Side, whose case was also under investigation at
the time, is reported to have been released on 7 June 1991 because of poor
health but has remained under house arrest.
The Special Rapporteur was also informed of the following specific
incidents:
A Protestant house church in Nanjing was closed by the local authorities
in April 1991 and the pastor expelled under armed guard.
Father Joseph Fan Zhongliang, a 73-year-old Jesuit priest residing in
Shanghai, was reportedly arrested on 10 June 1991 on the road to Wenzhou and
is currently believed to be under house arrest. An Italian Catholic priest,
Father Ciro Biondi, was expelled from China on 29 June 1991 on allegations of
having assisted Father Fan Zhongliang to establish contacts with the Vatican.
It has been alleged that numerous church members were arrested in
September 1991 in the provinces of Zhejiang, Anhui, Jiangsu and Henan, as well
as in the cities of Shanghai, Canton and Shenzen.
Officials from the Public Security Bureau attacked 2,000 Christians
who were attending a baptism ceremony in a house church in Wenzhou, in
mid-September 1991. They are reported to have come without a warrant, to
have fired in the air and beaten the pastors. It has been alleged that
numerous persons were subsequently taken to a detention centre.
E/cN. 4/1993/62
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Six members of the Jehovah's Witnesses faith were reportedly arrested in
Shanghai in November 1991.
The provincial authorities in Canton are reported to have informed
Christians and members of other religious communities that they would not be
authorized to celebrate Christmas outside places of worship. In addition, the
media were invited to refuse all announcements having to do with Christmas
celebrations.
On 16 August 1992, Father Liao Haiqing was arrested in Fuzhou,
Jiangsi province, as he was celebrating mass before 200 worshippers by
officials of the Public Security Bureau who were reportedly accompanied
by members of the Patriotic Catholic Association of China.
Officials of the Public Security Bureau reportedly arrested 120 persons,
3 of whom were foreigners, participating in a meeting held at a house church
in Guo Fa village, Wuyan district, Henan province, on 8 September 1992.
The Special Rapporteur was also informed that three Roman Catholic
bishops from Hebei province in northern China have died in police custody:
Bishop Joseph Fan Xueyan (86) of Baoding reportedly died in police
custody on 13 April 1992. According to the sources, Bishop Fan was kept in
a re-education camp in the Shijiazhuang area of Hebei province until
November 1991. It has been alleged that his body was returned by security
officers to his family in a plastic bag and bore bruises on the cheek and
forehead. It has also been alleged that Bishop Fan's legs ‘looked like they
had been broken' . The cause of his death has not been revealed.
Auxiliary Bishop Paul Shi Chunjie (71) of Baoding died of a heart attack
in November 1991, reportedly from being beaten while in police custody. The
police are alleged to have returned Bishop Shi's bruised body ‘clothed in a
sweater and two pairs of torn pants' to his family. The cause of his death
has not been revealed. It has also been alleged that the authorities demanded
that Bishop Shi be buried only two days after his death in order to prevent a
large number of people from attending the funeral.
Bishop Paul Li Zhenrong (72) of Xianxian died at the end of April 1992.
He was reportedly arrested by the police on 11 December 1991 shortly after
having undergone a stomach cancer operation in a hospital in Tianjin from
which he is alleged to have been forcibly removed. Church officials reported
only recently that he had died of cancer, without disclosing his place of
burial.
The Special Rapporteur was also informed that members of the
New Testament Church in China have been beaten, their Bibles and other
religious literature have been confiscated and that they have been arrested
and imprisoned in labour camps.”
E/CN. 4/1993/62
page 24
Cuba
23. In a message sent to the Government of Cuba on 29 November 1991,
the Special Rapporteur transmitted the following information:
“According to information received, the following persons or groups of
persons are said to have been persecuted for their religious beliefs:
1. Alejandro Rodriguez Castillo, a prisoner at Combinado del Este.
He was robbed of his Bible in May 1990 and refused another one by the
authorities. He therefore went on hunger strike, for which he was moved
to a punishment cell.
2. Oscar Peffia Rodriguez, a Jehovah's Witness, was arrested on
12 December 1989 and taken to Jagua psychiatric hospital, where he has been
given large doses of psychotropic drugs.
3. Emilio Rodriguez was taken for a time to a psychiatric hospital in
Santa Clara at the end of February 1990, after religious publications relating
to the Jehovah's Witnesses were found in his possession.
4. Mabel L6pez GonIIlez, Fidel Diaz Pacheco, Alberto B rbaro
Villavicencio, Narciso Ramirez Lorenzo, Alfredo Falc6n Moncada and
Mercedes Peito Paredes, Jehovah's Witnesses, were arrested in Sagua La Grande,
Las Villas province, on 18 January 1990. Religious literature was confiscated
from them and they were accused of running a clandestine printing press.
S. Marcela Rodriguez Rodriguez, Paulino Aguila Perez, Ram6n L6pez Peffia
and Guillermo Montes, Jehovah's Witnesses, were fined by the Municipal Court
of San Cristobal on 2 August 1990 for possession of religious literature.”
24. On 28 January 1992, the Government of Cuba sent its comments regarding
the above-mentioned communication transmitted to it by the Special Rapporteur:
“First of all, I wish to inform you that in Cuba no individual or groups
of individuals are persecuted or harassed for professing the religious belief
of their choice, that religion is practised freely in our country and that
religious texts are accessible to those who desire them. Even at this time,
when Cuba is experiencing a special situation in which the effects of the
economic, financial and trade blockade imposed on the country are worsening,
the main religious publications, such as the Bible, have been imported and may
be obtained at a reasonable price. Any previous situation arising out of
incomprehension or restrictions has been completely overcome.
In Cuba, there are 41 congregations of the Catholic religion
and 51 institutions or associations of Protestant congregations. In other
words, any religious association or association that fulfils the requirements
laid down in the existing Act on the Registration of Associations may operate
and is highly respected and supported as such. However, the religious sect of
‘Jehovah's Witnesses', mentioned in your communication, has never submitted an
application for registration since it does not fulfil the requirements
established for recognition and has therefore not acquired that status.
E/cN. 4/1993/62
page 25
In our country this religious sect is an unlawful association, whose
members are known for their anti-social behaviour and who, in many cases, even
engage in incitement to break the law and in the desecration of patriotic
emblems, since they regard themselves as foreigners in their own country. In
cases involving the above-mentioned criminal behaviour, as occurred in some of
the cases mentioned in your communication, the following articles of the
current Penal Code are applied: article 207, paragraph 1 (Incitement to break
the law) ; article 208 (Unlawful associations, meetings and demonstrations) ;
article 210 (Possession of illegal printed matter) .
On the other hand, the right of citizens to practise the religion of
their choice and to worship without any limitations other than respect for
public order and the law, as established in article 54 of the Constitution, is
fully respected.
I should also like to refer to our note of 1 October 1990, in reply to
your note G/SO 214 (56-4) of 25 July 1990 in which the legal and social
protection extended to religions and religious beliefs is explained in detail.
As you are aware, to question the implementation of the legal provisions
in force in any State implies interference in its internal affairs; such an
act is incompatible with international law and its rules.
As may be seen, the allegations contained in the cases concerning which
we were asked for information appear to form part of the campaign which is
being conducted against Cuba, using the issue of human rights tendentiously
and for political ends.
Nevertheless, in answer to your request, we attach the data relating to
these cases.
Emilio Rodriguez was brought before the courts for engaging in propaganda
and reproduction of documents for the illegal Jehovah's Witnesses sect, but in
view of his psychological condition, it was decided not to imprison him but to
confine him to his home. The court sentenced him to one year's house arrest
for the offence of possession of illegal printed matter.
Mabel L6pez Gonzalez, Fidel Diaz Pacheco, Alberto B rbaro Villavicencio,
Narciso Ramirez Lorenzo, Alfredo Falc6n Moncada and Mercedes Feito Paredes are
Jehovah's Witnesses who engaged in illegal propaganda for that sect, but they
were not sentenced to imprisonment, and the latter two even left the national
territory legally on 6 June 1991.
Marcela Rodriguez, Paulino Aguila Perez and Guillermo Montes were fined
for the same offence of illegal and antisocial propaganda in August 1990.
Ram6n L6pez Peffia was not, since the complaint received apparently contained a
mistake, this being the name of a martyr of the Cuban Border Brigade who was
foully murdered by United States soldiers in 1964 when performing his duty at
the naval base illegally occupied by the United States at Guant namo. In his
honour, the rural community where, coincidentally, these members of the
Jehovah's Witnesses sect live, was named after him.
E/CN. 4/1993/62
page 26
Alejandro Rodriguez Castillo and Oscar Peffia Rodriguez: there is no
information whatever concerning persons of such names to suggest that they
were the subject of criminal action or were detained. There appears to be
some confusion or false information in these cases.”
Egypt
25. The Government of Egypt did not transmit replies concerning specific
cases but on 17 February 1992 provided the following general observations
concerning allegations which had been made by the Canadian Coptic Association:
“1. Subjection of the Egyptian Copts to acts of genocide and expulsion
by the Egyptian regime during the last two decades.
2. Subjection of the Copts to frequent acts of aggression against their
private property, their institutions and their places of worship, as well as
acts of sabotage, destruction and pillage, in all Egyptian towns and villages.
3. Refusal of permission for Coptic representation in the legislative
authority, and the proliferation of Islamic colleges, institutes and schools
for the education of Muslim children in all parts of Egypt while permission is
refused for the establishment of a Coptic University.
4. Detention of members of the Christian faith, while the State
authorities are making every endeavour, both directly and indirectly, to force
the Copts to embrace the Islamic religion.
5. Escalating acts of aggression by extremists against Christians,
including the recent looting of property belonging to members of the Christian
community and the destruction of a church in the Embaba district.
6. Requirement for prior approval by the administrative authorities for
the construction, repair or renovation of churches.
7. Ill-treatment of members of the Christian community in a manner that
reflects inequality and persecution and implies that the community is
mistrusted by the Egyptian Government.
Investigation
Within the context of the reply to those allegations, the following
should be noted:
(a) The policy of the Egyptian Government towards the members of the
Christian community, their property and their holy places
There are two aspects to the principle of equality. The first is the
legal aspect, which is covered by the Egyptian Constitution, and the second
is the practical aspect which has been respected by Egyptian society for
thousands of years, as can be seen from its civilization in which this
principle is closely linked to its culture, its traditions and its heritage.
In this connection, reference can be made to the following:
E/cN. 4/1993/62
page 27
The interlinkage between the principles of equality and justice is one of
the main pillars on which the system of Government in Egypt is based. The
allegation concerning the existence of persecution cannot be refuted solely by
an affirmation concerning the existence of equality; it can be rebutted only
by the real facts concerning the prevailing feeling of assimilation of the
various component elements of the nation within Egyptian society.
The allegation concerning the subjection of members of the Coptic
community to acts of genocide or expulsion as persona non grata by the
Egyptian Government is a purely fabricated and totally unfounded accusation
in the light of the following considerations:
The endorsement by the Government and people of Egypt of the nomination
of Dr. Boutros-Ghali, a member of the Coptic community, to assume the post of
Secretary-General of the United Nations, and the intense pride which all
Egyptians felt at his success.
The existence of an equitable and independent judiciary, in which a
number of posts are held by members of the Christian community and which
administers justice and prevents the occurrence of any persecution, oppression
or mistreatment among the members of our united people in any case brought
before it.
The effective and positive participation by members of the Christian
community in all spheres of life in Egyptian society, and their participation
in the formulation of the public policy of the State by virtue of the senior
positions that they hold in its executive, legislative and judicial branches.
The multi-party political system which is applied in Egypt, where every
citizen has the unrestricted right to vote, to stand as a candidate and to
belong to any political party.
(b) Incidents in the district of Embaba
On 20 September 1991, a dispute broke out in the district of Embaba
between a Christian family and two Muslim fundamentalists, in which members of
the Christian family fired shots and assaulted one of the fundamentalists, who
suffered several gunshot wounds and was taken to hospital in a critical
condition. When a rumour spread to the effect that he had died, a group of
those fundamentalists assembled and attacked property belonging to that
Christian family. They also damaged two churches and provoked disturbances
throughout the district. The security services immediately proceeded to the
scene of the incidents and brought the security situation under control. The
persons responsible for the acts of aggression were arrested and referred to
the Department of Public Prosecutions. Legal measures were also taken against
persons suspected of involvement in the incidents.
Within the context of the endeavours to contain the situation, a
religious meeting was held in the district under the chairmanship of the
Minister of Awqaf (Religious Endowments) and with the participation of Muslim
E/CN. 4/1993/62
page 28
and Christian religious leaders, as well as local residents. The meeting
emphasized the bonds of national unity, condemned the incidents, established a
committee to collect donations to compensate the victims of the incidents and
also established a committee to promote social harmony and prevent such
incidents in the future.
(c) The reference to demands made by members of the Coptic community
With a view to facilitating the construction of places of worship, the
competent State authorities allocate plots of land in the new towns where
mosques and churches are built side by side as a token of the harmonious
relations between the members of our united people. In this connection, the
following should be noted:
The statistics published in 1991 refute the allegations made concerning
prevention of the construction, repair and renovation of churches.
The time-honoured requirement for permission to construct or repair
churches is attributable to the fact that Egyptians firmly believe that
churches must be established and built in a befitting manner consistent with
their religious status as places of worship.
There is no valid justification for the demand that a university should
be established on a confessional basis, in the light of the current expansion
aimed at establishing numerous regional universities with branches in the new
towns with a view to promoting the principles of equality and justice and the
freedom that all Egyptian students enjoy to enrol at any college or institute.
In this connection, the following should be noted:
Student enrolment at institutes and colleges is computerized on the basis
of the student's grades and wishes.
Every student is free to enrol at any private primary, preparatory or
secondary school and there is no discrimination in regard to the persons
responsible for the management or supervision of the school.
Religious education (Islamic and Christian) is a basic subject in public
educational curricula, without any discrimination between one religion and
another.
All the various Egyptian information media broadcast or cover the
religious celebrations and weekly services of the Christian community in the
same way as Islamic religious celebrations and prayers.
(d) The security policy in regard to any incident that might give
rise to intercommunal tension
Any attempt by trouble-makers or law-breakers to exploit minor incidents
(quarrels or disputes) between Muslim and Christian citizens of Egypt with a
view to endowing them with provocative confessional significance is dealt with
E/cN. 4/1993/62
page 29
in a firm and resolute manner in accordance with the law and the Constitution
and measures are taken to ensure that such attempts are rendered abortive at
an early stage. The security policy in this regard is based on the following
main principles:
The adoption of security measures to deal with the guilty parties,
regardless of their religious affiliation.
The legality of the measures taken, which must be monitored and approved
by official investigators and the judiciary.
Constant coordination with popular, executive and religious leaders in
order to deal with any incident of intercommunal tension.
The adoption of legal security measures to deal with any attempt to
disparage or discredit divinely revealed religions (even by one of their
adherents or former adherents) in order to ensure respect for the divinely
revealed religions in which the Egyptian people have believed for thousands
of years.
The time-honoured national unity of all the component elements of our
people is one of the central pillars of Egyptian society, which has always
regarded it with veneration and prevented any violation thereof.
The security services take action to deal with any person who attempts to
prejudice this unity, regardless of his religion or beliefs.”
26. On 25 November 1992, the Government of Egypt, while not replying to
allegations concerning specific incidents of religious intolerance, provided a
memorandum containing the following observations concerning an article about
attacks on Copts in the governorate of Asyut:
“On 1 June 1992, the Canadian Montreal Gazette published an article
entitled ‘The Attacks on the Copts Must Stop' on the incidents that took place
in the governorate of Asyut. According to the article:
1. The Canadian Coptic Association had received information from
officials of the Human Rights Association in Egypt to the effect that members
of the Coptic community were being attacked and terrorized (13 Christians had
been massacred in the town of Asyut) .
2. Islamic extremist groups were held responsible for those incidents.
3. Part of the responsibility for the incidents was attributable to the
State's policies and its failure to take appropriate measures to deal with the
situation.
4. The State should take resolute measures to halt the acts of violence
and terrorism against members of the Coptic community in their Egyptian
homeland.
E/CN. 4/1993/62
page 30
The article focused on two main aspects: the scale of the incidents that
took place in the town of Dairut in the governorate of Asyut, and the measures
taken by the State to deal with those incidents. We wish to comment on those
points as follows:
A. The scale of the incidents
On 9 March 1992, a quarrel broke out at the village of Manshiyat Nasir in
the district of Dairut in the governorate of Asyut between Abdullah
Masoud Jirjis (a Christian) and members of his family (the Al-Arab family) , on
the one hand, and members of another family (the Al-Gawayila) from the same
village, some of whom belonged to extremist groups. The cause of the dispute
was the unwillingness of the first party to agree to sell their house to the
second party after a contract had been concluded for its sale to another
person (a Muslim) .
When the dispute escalated, firearms were used and three persons were
killed (one Christian from the Al-Arab family and two Muslims from the
Al-Gawayila family, one of whom was an extremist) . Six other persons from the
two parties were also wounded (four Christians and two Muslims) .
The Department of Public Prosecutions conducted an investigation and
ordered the detention of two members of the Al-Arab family and two members of
the Al-Gawayila family, who were released 45 days later pending prosecution in
Dairut district criminal case No. 2425 of 1992.
On 14 April 1992, the body of the son of the Christian Abdullah
Masoud Jirjis (one of the parties to the dispute and an employee of the
Department of Forensic Medicine at Asyut, where he was living) was found in a
street in the town of Asyut. The victim had been stabbed several times and
investigations indicated that the incident had occurred within the context of
the vendetta between the two families as a result of the previous events.
On 4 May 1992, the vendetta between the two parties once again exploded,
as a result of which 13 Christians and one Muslim were killed and four other
persons from the two parties were injured.
The investigation showed that the persons responsible for those revenge
killings had committed those acts mainly in the agricultural areas outside the
village boundaries in order to avoid confrontation with the security forces
and eventual arrest.
Intensive security operations led to the identification and arrest of the
persons suspected of committing those acts (some of whom were in their
fifties) , in addition to the extremist members of the Al-Gawayila family who
had instigated and participated in those acts.
B. Measures taken to deal with those incidents
The State promptly took a number of precautionary and security measures
to maintain order and protect citizens in that district. Police
reinforcements were dispatched to the scene of the incidents and also to the
E/cN. 4/1993/62
page 31
residential area in which the parties to the dispute and the vendetta were
living. The security forces performed their duty by bringing the situation
under control and preventing its further escalation.
The various State agencies concerned, together with popular and political
organizations, endeavoured to contain the situation and avert any reactions by
the feuding families or any attempt by extremists or fanatics to exploit those
incidents in order to aggravate the situation or trigger a new explosion.
The State and the security services are doing their utmost to thwart any
attempt to harm members of the Christian community or prejudice the harmonious
national unity of the Islamic and Christian components of the Egyptian
people.”
El Salvador
27. In a communication addressed to the Government of El Salvador
on 18 September 1992 the Special Rapporteur transmitted the following
information:
“According to the information received, Father Jose Ignacio Meza Rodezno,
a priest from the Episcopal Church of El Salvador and members of the Board of
Directors of the National Council of Churches, was arrested by the National
Guard on 3 January 1992 at the Missionary Centre ‘La Estaci6n' of the Cristo
Rey congregation in Cojutepeque, Department of Cuscatlan. It has been alleged
that Rev. Meza was accused of being a guerrilla commandant. It has been
alleged further that lawyers from the Socorro Juridico Luterano, officials
from ONUSAF and members of the Episcopal Church of El Salvador had tried to
see Rev. Meza but were reportedly prevented from doing so by the National
Guard. Church workers from the Episcopal Church who were able to see
Rev. Meza on 7 January are said to have stated that he had not been tortured
physically but was subjected to psychological pressures.
According to additional information received, members of the Board of
Directors of the National Council of Churches received a death threat dated
6 January 1992 from a paramilitary group called the Secret National Salvation
Army, stating that they “belong to the PCS (Salvadoran Communist Party) and
during the entire war have actively collaborated in getting financial and
logistic support, through the churches and other organizations, for the FMLN”,
which they qualified as an “act of treason to our country” which “cannot be
left without revenge”. The following persons were named in the death threat:
- Santiago Flores
- Flora Carolina Fuentes
- Medardo Gomez
- Julio Cesar Grande
- Angel Ibarra
- Victoriano Jimeno
- Hugo Magaffia
- Ignacio Meza
- Carlos Najera
- Roberto Palacios
- Luis Serrano. “
E/CN. 4/1993/62
page 32
28. In a letter dated 2 October 1992 the Permanent Mission of El Salvador
acknowledged receipt of the Special Rapporteur's communication and indicated
that a reply from the Government would be forthcoming.
Ethiopia
29. In a communication addressed to the Government of Ethiopia
on 19 October 1992, the Special Rapporteur transmitted the following
information:
“According to the information received, Amhara Ethiopian citizens who
belong to the Orthodox Christian faith have been subjected to persecution in
the Arba Gugu region involving numerous cases of summary executions. The
victims are said to have included children, the elderly as well as pregnant
women and their bodies were allegedly burnt or thrown into ravines. According
to the sources, one of the instigators of the persecution of Amharas is
Mr. Dima Gurmesa, the District Representative of the Oromo People's Democratic
Organization (OPDO) . It has been alleged that although these human rights
violations have been reported to the Minister for Internal Affairs both orally
and in writing, the Transitional Government is said not to have taken any
action in this regard to date. The following specific incidents were brought
to the attention of the Special Rapporteur:
On 4 June 1992, 50 women, children and elderly persons from the village
of Abule are reported to have sought refuge in the church courtyard when the
village was attacked by the OPDO armed forces. They are said to have been
surrounded and their throats slit individually by a special group of Oromo
nomads. The church was reported to have subsequently been burned, together
with the priests, and the entire Abule village was allegedly razed to the
ground. In the neighbouring Ashe village which is also populated by
Christians, men are said to have been castrated and slaughtered, while unborn
babies were taken from mothers who had been slain. Similar human rights
violations are said to have been perpetrated also on 4 June in the villages of
Abomsa, Abesa, Serbio Addis Alem, Wakentra, Messo and Endele Beyu.
The Special Rapporteur has been informed that the following churches in
Arba Gugu District were burned together with the ancient manuscripts and
relics they contained:
Guna District
- St. George of Andrea
- St. Gabriel of Teram
- St. Gabriel of Meso
Jeju District
- St. George of Abuli
- Egziharab of Abesa
- Medhane Alem of JIIshire
E/cN. 4/1993/62
page 33
Priests from the churches cited above who have managed to escape the
attacks against Christians reported that they were carried out by well
organized forces.
The attention of the Special Rapporteur has also been drawn to the
disappearance of the following ecclesiastical dignitaries:
- Abuna Markorios, Patriarch of the Ethiopian Orthodox Church
- Abuna Markos, Deputy Patriarch of the Ethiopian Orthodox Church
Both clergymen, who resided at the Patriarchal Palace in Addis Ababa, are
said to have been discharged from their religious duties by the Government on
12 July 1992. Although it has been alleged that the Patriarch subsequently
went to a monastery at Lake Tana, efforts by members of the church to locate
both dignitaries were reportedly unsuccessful.”
Greece
30. On 4 November 1991, the Special Rapporteur transmitted the following
information to the Government of Greece, under annex II (E/CN/4/1992/52,
para. 46) :
“According to the information received, Mr. Dimitrios Katharios, a
religious minister of the Congregation of Jehovah's Witnesses appointed to the
Prefecture of Evros, was summoned on 16 November 1990 by Mr. Philippos
Karagiozidis, Rank II Police Officer of the Alexandroupolis Police Station,
who informed him that, in accordance with an order issued by the Public
Prosecutor's Office, he was obliged to close down and seal up the lecture hall
used by the followers of the Jehovah's Witnesses faith in Alexandroupolis, in
view of the fact that ‘the hall in question was being used as a house of
prayer and as a meeting place of the members of the sect of Jehovah's
Witnesses'. On 19 November 1990 the hall is said to have been closed down and
sealed up by the officers from the Alexandroupolis Police Station who
reportedly indicated in their report that they had ‘carried out the
self-authorized closing down and sealing up of the House of Prayer and Meeting
Place of the sect of Jehovah's Witnesses, using tape and Spanish wax'.
It has further been alleged that Mrs. Lydia Paraskevopoulou, a follower
of the Jehovah's Witnesses faith, had been appointed as a substitute teacher
at the Chanakia Grammar School, Ilia prefecture in the Peloponnesus, in
November 1990. In December 1990 the primary education administration of the
prefecture of Ilia reportedly recalled Mrs. Paraskevopoulou from her post,
indicating that ‘the duties and functions of each and every educator have been
defined and cannot be adjusted to suit their particular standards and tastes,
their peculiarities of behaviour and eccentricities'. A decision issued by
the Director of Primary Education states that Mrs. Paraskevopoulou is to
remain subject to inspection and not to appear at the school until the problem
that has arisen is resolved. It has also been alleged that the Ministry of
National Education and Religions recently refused to issue a teaching permit
to a member of the Jehovah's Witnesses faith in order that he may teach
English at a private tuition centre.
E/CN. 4/1993/62
page 34
According to the sources, members of the Jehovah's Witnesses faith who
are detained at the Avlona Military Prison are unable to satisfy their
religious needs since they are denied visits by religious ministers belonging
to their faith.”
31. On 11 December 1991, the Government of Greece sent its comments to the
Special Rapporteur regarding the above-mentioned information:
“A. Jehovah's Witnesses Congregation in Alexandroupolis -
Case of Mr. Katharios
Following a written petition by 43 citizens residing in Alexandroupolis,
the local Prosecutor instructed in October 1990 the Police Department of this
city to proceed to a preliminary inquiry concerning the creation and
operation, without the necessary permit, of a congregation of Jehovah's
Witnesses. Upon completion of the preliminary brief, the Prosecutor lodged a
complaint against three Jehovah's Witnesses for violation of Law 1363/38 as
amended. Mr. Demetrios Katharios, a religious minister was among those sued.
In addition, the Public Prosecutor instructed the Police to have the
congregation premises sealed.
The Competent Court in Alexandroupolis by its verdict sub No. 2092/2.7.91
declared the three persons accused not guilty and ordered the unsealing of the
congregation place. This was carried out on 2 August 1991 by the Police.
B. Case of Mrs. Lydia Paraskevopoulou
In 1987, Mrs. Paraskevopoulou had submitted to the competent authorities
a request to be appointed as teacher at the level of primary public school.
Her request was rejected at the time, because the legislative solution of the
issue of appointment of Jehovah's Witnesses as teachers was not yet found.
In 1988, Law 1771/1988 was promulgated. From then on, persons belonging to
religious confessions other than the one prevailing in Greece, were given the
opportunity of an appointment to teach in primary public schools.
Unfortunately this particular Law did not include a transitional clause
covering the cases of candidates having had earlier submitted requests for
this appointment as teachers. Mrs. Paraskevopoulou belongs to this category.
She was, however, included on the priority list of this same year. Mention
should be made here that inclusion of the name of a candidate in the year's
priority list does not necessarily guarantee his or hers being appointed the
same year. In fact, candidates of the 1988's list have yet to be appointed.
C. The issue of Religious Ministers of Jehovah's Witnesses visiting the
Avlona Military Correctional facility
The Greek legislation in force does not provide for a possibility of such
visits to Military Facilities. Nevertheless, and despite the fact that the
Jehovah's Witnesses belief is not recognized by Greece as a Religion, it is
envisaged by dint of new internal regulations of Military Corrective
Facilities, currently being elaborated, that a specific place be provided for
Jehovah's Witnesses and their Ministers for their religious duties.”
E/cN. 4/1993/62
page 35
32. In a communication sent on 9 October 1992, addressed to the Government of
Greece, the following information was transmitted by the Special Rapporteur:
“It has been reported that members of the Jehovah's Witnesses faith have
continued to be imprisoned for refusing conscription. The following cases
were brought to the attention of the Special Rapporteur and summarized as
follows:
Mr. Ariastasios (Tasos) Georgiadis, a religious minister whose appointment
had been confirmed by the Prefectures of Larissa and Karditsa, saw his
application for exemption from military service for religious reasons rejected
on 17 September 1991. The Serres Recruiting Office argued that the Holy Synod
of the Greek Church had informed them that the Jehovah's Witnesses faith was
not a recognized religion because its practice contravened two articles of the
Greek Constitution: Article 13.1 which prohibits religious rites offending
public order or moral principles and proselytism; and Article 4.5 which
requires every able-bodied Greek citizen to contribute to the defence of the
Fatherland. On 20 January 1992, Mr. Georgiadis was detained at Nafplion
Military Camp after he had refused to put on a military uniform and on 29
January, he was transferred to the Avlona Military Prison. On 17 March, the
Athens Military Court recognized him as a religious minister of a known
religion and pronounced a sentence of acquittal. He was released the
following day. Nevertheless, despite this ruling, the Recruiting Section of
the General Headquarters for National Defence is reported to have persistently
refused to recognize Mr. Georgiadis's status as religious minister and he was
imprisoned for the second time on 4 April at the Nafplion Military Camp. On
8 May 1992, the Athens Military Court acquitted Mr. Georgiadis for the second
time and ordered his release, ruling at the same time that it was up to the
Recruitment Office to decide whether or not to issue discharge papers. The
Recruitment Office once again refused to do so and Mr. Georgiadis was
imprisoned for the third time on 22 May. His case was examined by the Council
of State on 16 June but no decision has been taken so far and no date has been
set for his trial. Mr. Georgiadis is the fourth Jehovah's Witnesses minister
whose application for exemption from military service was rejected by the
military authorities since Law 1763/1988 came into force and despite the three
decisions issued by the Council of State emphasizing that the Jehovah's
Witnesses faith was a recognized religion and asking for the immediate release
of three ministers: decision 3601/90 concerning the release of
Mr. Daniel Kokkalis, decision 1354/91 concerning the release of
Mr. Timothy Kouloubas and decision 1355/91 concerning the release of
Mr. Dimitrios Tsirlis.
According to the information received, 415 conscientious objectors who
belong to the Jehovah's Witnesses faith are currently imprisoned in Greece.
They have reportedly been sentenced to terms of imprisonment of four years
which they would be able to reduce to approximately three years through work.
It has also been reported that Jehovah's Witnesses who are detained in
military prisons continue to be denied visits by their religious leaders, in
contrast to prisoners belonging to the Greek Orthodox faith.
The following cases concerning the sentencing of Jehovah's Witnesses on
charges of proselytism were also brought to the attention of the Special
Rapporteur:
E/CN. 4/1993/62
page 36
On 29 March 1989, the Court of Florina reportedly sentenced four women
belonging to the Jehovah's Witnesses faith to five months' imprisonment, a
fine of 500,000 drachmas and a six months' police surveillance on grounds that
they were “guilty of the act of proselytism on members of another faith in
favour of their religion”. The prison sentence was subsequently commuted.
The four women are: Alexandra Despoti, a 30-year-old housewife,
Eleni Didaskalou, a 23-year-old seamstress, Eugenia Theodoridou, a 21-year-old
worker and Elena Batodaki, a 22-year-old worker. The four women were
reportedly going from house to house in Florina on 26 July 1988 selling
“Watchtower” and “Awake” magazines and exchanging ideas about their beliefs
with the inhabitants of the town. A complaint against them was allegedly
filed by an Orthodox priest, Mr. Evripides Taskas (63) . On 27 November 1991,
the Tessalonica Court of Appeal was to issue its final verdict concerning the
defendants, but the trial was reportedly postponed because of a strike by the
judicial staff.
According to the information received, on 15 November 1992, the European
Court of Human Rights in Strasbourg was scheduled to hear an appeal made by
Mr. Minos Kokkinakis, a retired businessman in his eighties who belongs to the
Jehovah's Witnesses faith. On 2 March 1986, he and his wife were arrested
when the police found them reading passages of the Bible and talking about
pacifism in biblical terms with their friends. Mr. Kokkinakis' appeal
concerned the 10,000 drachmas fine and the prison sentence of four months
which were imposed on him by the Magistrates Court of Lasithi on charges of
proselytism. Mr. Kokkinakis has already served seven prison terms over the
past 50 years and has spent four periods in exile away from his home in Crete.
He served the longest of the sentences, 18 months, in the 1940s for
conscientious objection to military service, while the remaining sentences
were for proselytism.
The case of the Jehovah's Witnesses congregation of Gazi, in Heraklion
(Crete), was reported in the following terms: in 1983, the congregation had
asked for a permit to convert a leased property into a place of prayer and
worship. In the three-year contract which was drawn between the owner and the
tenants, it was clearly stated that the property would be used for religious
purposes. The local office of the Orthodox Church was informed about the
contract and the priest had lodged a complaint against the tenants,
Titos Manousakis, Konstantinos Makridakis, Kyriakos Baxevanis and Vasilios
Hatzakis, for failing to obtain a permit which is issued by the local Orthodox
Church authorities and by the Ministry of National Education and Cults. The
defendants were acquitted by the First Instance Court and, after an appeal by
the Prosecutor, by the Magistrates Court. They therefore resumed using their
place of prayer and worship and placed a sign at the entrance indicating its
religious identity. However, the local Orthodox priest alleged that the
posting of this sign amounted to proselytism. Following a second appeal
lodged by the Public Prosecutor of the Magistrates Court, the defendants were
sentenced on 15 February 1990 to a three-months' prison term and a fine of
30,000 drachmas. On 19 March 1991, the Supreme Court (Areopagos) denied the
petition for cassation which had been lodged by Mr. Manousakis and sentenced
the defendants to the payment of the 18,000 drachmas court expenses.
With regard to a case already referred to in his previous report
(E/cN.4/1992/52), the Special Rapporteur was informed that the Alexandroupolis
E/cN. 4/1993/62
page 37
Magistrates Court had acquitted the leaders of the Jehovah's Witnesses
congregation who were charged with the illegal use of the house of prayer and
ordered the seals to be removed from this site on 2 July 1991. The house of
prayer of the Jehovah's Witnesses congregation in Alexandroupolis had been
closed and sealed in 1990 because they had failed to secure an operating
permit which is issued by the Ministry of Education and Cults. The Public
Prosecutor who had initiated the proceedings appealed the decision before the
seals were removed. The Orthodox bishop is reported to have exercised
significant pressure on the local authorities in order to dissuade them from
formally recognizing the Jehovah's Witnesses place of worship.
It has been alleged that from 1983 to 1991, 2,172 Jehovah's Witnesses
were arrested on grounds of proselytism. In 1991, 211 persons were arrested,
28 cases were brought to court and 8 cases were postponed. There were three
cases of acquittal and one case of conviction which concerned several persons.
According to additional information received, four Evangelist army
officers are said to be facing four-year prison terms for proselytizing which
were handed down by a military court in Volos, in central Greece.
It has also been alleged that the existing laws on education make
difficult the appointment of non-Orthodox teachers in Greece, in whatever type
of school. In particular, the following cases of several persons belonging to
the Jehovah's Witnesses faith who were being denied teaching permits were
reported to the Special Rapporteur:
In October 1991, Ms. Valiki Pilaftsoglou had asked for a permit to teach
French and biology at a private tuition centre. She was asked to fill in a
form in which she was required to state her religion and started to work
before obtaining the permit. Meanwhile, the local education authorities had
asked the Minister of Education and Cults if they may deliver a teaching
permit to a teacher who did not belong to the Orthodox faith. The case was
still pending several months later.
Mr. Theofilos Tzenos, an English teacher, had applied for a job in a
private tuition centre but was refused a teaching permit by the Ministry of
Education and Cults because he was not of the Orthodox faith.
In September 1991, Mrs. Anastasia Nomidis received her English Language
Proficiency Certificate issued by the University of Michigan. She asked for
and obtained the “Certificate of Qualification to Teach” which is delivered by
the Ministry of Education. She subsequently filled in two application forms
in order to obtain a permit to teach and establish a tuition centre. Several
months later, the Ministry answered verbally that they would not issue her a
teaching permit on religious grounds. However, according to the information
received, non-Orthodox teachers had been allowed to teach in public schools in
the 1980s although they faced difficulties at times.
On 20 May 1992, it was reported that five monks from the Church Abroad,
Brother Oleg Shvetzoff, Father Mitrophan, Monk Nicholas Shevelckinsky,
Hieromonk loannikios Abernethy and Archimandrite Seraphim Bobich, the Abbot of
the Saint Elias Skete Monastery on Mount Athos, were forcibly evicted from
their dwellings. It has been alleged that Bishop Athanasios, a representative
E/CN. 4/1993/62
page 38
of the Ecumenical Patriarch, had come to the Saint Elias Skete Monastery
together with representatives of the Pantocratos Monastery and armed Greek
police who forced the monks at gun-point to leave the Saint Elias Monastery at
once. No documents signed by any authority were presented to justify the
eviction. The Greek authorities are alleged to have confiscated the monks'
passports (all of whom are American citizens) and their Greek identification
cards and had allegedly threatened to place them under arrest. On 25 May,
Father loannikios is said to have called the Civil Governor of Tessaloniki,
Mr. Constantine Papoulidis, who told him that he had no responsibility and no
authority in the matter and that Father loannikios should write a petition to
the monastic government, the Sacred Community of Athos.”
33. In December 1992, the Permanent Mission of Greece to the United Nations
Office at Geneva informed the Special Rapporteur that the reply to the
above-mentioned allegations was forthcoming.
India
34. On 31 August 1992, the Special Rapporteur transmitted the following
information to the Government of India:
“According to the information received, incidents of discrimination
against Indian citizens belonging to the Christian faith have occurred
persistently. In particular, a number of incidents of intimidation of tribal
Christians aimed at forcibly converting them to Hinduism have been reported.
According to the sources, one of the most prominent leaders of a recent
campaign of intimidation is Mr. Judeo Singh, a Hindu revivalist from Madhya
Pradesh, who is the vice-president of the Bharatiya Janta Party which recently
came to power in this State. He is said to have intimidated tribal Christian
clergy and missionaries in the districts of Raigarh and Sarguja. It has been
reported that Mr. Judeo and his followers have organized massive religious
conversion rallies in the Kumbichuha and Bakruma villages and that many
Christians have been taken out of their houses to rivers by force and
converted to the Hindu faith. Many Christians are said to have preferred to
convert to Hinduism in order to avoid being subjected to attacks. It has been
alleged that no action has been taken against such activities even after a
report had been filed with the police, resulting in a feeling of fear and
insecurity among the Christian community in Madhya Pradesh. It has been
reported that the Madhya Pradesh Freedom of Religion Act 1968 prohibits
conversion by force, allurement or by fraudulent means.
It has been alleged further that a bill having a direct bearing on
religious educational institutions founded by missionaries is currently being
promulgated under the Private Colleges Act by the Government of Tamil Nadu.
According to this bill, the management of Christian colleges would be entirely
controlled by the Government, reportedly in violation of the constitutional
guarantee provided for in articles 29 and 30 which, according to the
allegations received, give special freedoms to the minority communities to
manage their educational institutions without any interference from anyone” .
E/cN. 4/1993/62
page 39
Indonesia
35. In a communication sent on 1 November 1991 addressed to the Government of
Indonesia, the following information was transmitted by the Special Rapporteur
(document E/cN.4/1992, para. 49) :
“According to the information received, followers of the Baha'i faith in
Indonesia have been subjected to systematic persecution solely on the basis of
their religious beliefs. It has been alleged that all Baha'i administrative
institutions have been dissolved, all Baha'i schools closed and all of their
properties, including a National Centre, have been confiscated.
It has further been reported that members of the Baha'i community have
been subjected to surveillance, arbitrary arrests and detention and that a
number of Baha'is have been imprisoned from periods ranging from a few days up
to five years. Their employment and promotion opportunities have reportedly
also been restricted. It has been alleged that Baha'is have been pressured to
renounce their faith and invited to adopt one of the five other religions
recognized under the Constitution. Baha'is have allegedly been asked to
formally renounce practising their faith, both privately and publicly and
continue to not be allowed to pray even in the privacy of their own homes.
Baha'i children are said to have been expelled from school and their books
have been seized. “
36. On 16 December 1991, the Government of Indonesia replied to the letter
which the Special Rapporteur had sent it on 1 November 1991:
“I. General Observations
1. The Indonesian position on similar allegations concerning religious
intolerance has been repeatedly stated in our replies to your communications,
dated 8 December 1989 and 15 November 1990, which were also included in the
Report of the Special Rapporteur to the forty-seventh session of the
Commission on Human Rights. In view of the repetition of the allegations, the
Government of Indonesia would like only to underline some points.
2. As is known, Indonesia is a nation composed of hundreds of ethnic
groups spread all over the archipelago while religions and belief in God have
strong roots in the history and culture of the Indonesian people. Therefore,
since the birth of the Indonesian Republic, the Government of Indonesia has
always guaranteed every citizen the freedom to adhere to his or her religion.
This is reflected in the State Philosophy and the National Constitution
of 1945 which stipulates that the State shall be based upon belief in the One
Supreme God, and guarantee every resident the freedom to adhere to his
respective religion and to perform his own religious duties in conformity with
that faith.
3. The policy adopted by the Government of Indonesia, therefore, does
not impose limitations and restrictions on, nor does it interfere in the
internal matters of, any religion recognized in Indonesia. This, however,
does not imply that the Government would remain indifferent should there be
activities which may disrupt the three principles of religious harmony:
E/CN. 4/1993/62
page 40
(a) The internal matters of each religion;
(b) The relation between and among the adherents;
(c) The relation between the adherents and the Government.
4. A provision in Article 1 of Law No. 1/PNPS/1965 on the Prevention
of Abuse and/or the Defiling of Religions, prohibits anyone who deliberately
makes interpretations of any of the recognized religions in Indonesia or
publicly engages in activities which deviate from those religions; such
interpretations and activities being contrary to, and deviating from the true
teachings of those religions.
II. Allegations contained in the communication
S. The allegations contained in the annex of your communication are
too general and do not specifically refer to any particular case.
6. As we have already stated in our previous responses to similar
allegations, the Baha'i faith is banned in Indonesia by Governmental Decree
of 1962 since its teachings and practices are contrary to, and deviating from
the teachings of Islam, particularly with regard to its practices and beliefs,
including those of marriage.
7. The prohibition of the Baha'i movement in Indonesia is not because
of intolerance on the part of the Government of Indonesia but, on the
contrary, it is precisely to maintain peace and harmony between and among the
adherents of various religions. Without any Government control in this
matter, the activities of the Baha'i movement may create disturbances and
disrupt the existing religious tolerance.
8. The above action taken by the Government, therefore, is merely the
appropriate measure which should be taken to maintain order and safety as well
as the fundamental rights and freedoms of others, in conformity with Article 1
paragraph 3 of the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief which reads as follows:
‘Freedom to manifest one's religion or belief may be subject only to such
limitations as are prescribed by law and are necessary to protect public
safety, order, health or morals or the fundamental rights and freedoms of
others' .
9. With regard to allegations that members of the Baha'i community
have been arrested and imprisoned, the Government of Indonesia rejects such
general and unsubstantiated allegations.”
Iran (Islamic Republic of )
37. In a communication sent on 18 September 1992 addressed to the Government
of the Islamic Republic of Iran, the following information was transmitted by
the Special Rapporteur:
E/cN. 4/1993/62
page 41
“According to the information received, Mr. Bahman Samandari, aged 52, an
Iranian citizen belonging to the Baha'i faith, was executed in Evin prison in
Tehran without charge, trial or sentencing on 18 March 1992, for refusing to
renounce his religion. He is said to have been secretely buried in the
‘section for infidels' of the Beheshte Zahra general cemetery in Teheran on
20 March but the exact location of his grave has not been disclosed to his
family, which was informed of his execution 18 days after it had taken place
and has not received an explanation concerning the discrepancy between the
date indicated on his testament, 18 March 1992, and that of 17 March which
figures on the extract from the register of the deceased.
Mr. Samandari, an economist and former representative of Swissair in
Tehran, is said to have been summoned to the Islamic Revolutionary Public
Ministry on 17 March 1992, allegedly to receive a document. His family was
reportedly informed of his arrest by telephone at 2 p.m. the same day. No
reasons for the arrest were given. Mr. Samandari had been arrested for the
first time on 21 October 1987 for his membership in the Baha'i religious
community and was detained at Evin prison until December 1987. He was
prevented from working for several years before finding a job in a textile
factory six months prior to his execution.
Mr. Samandari's wife reportedly went to the Islamic Revolutionary Public
Ministry to inquire about her husband on 18 March and was directed to Evin
prison where she was told on 24 March that her husband's name was not in the
prison register. She returned to the Ministry on 5 April with a male person
who was allegedly admitted to the Penalty Enforcement Office alone and was
handed Mr. Samandari's will, dated 18 March 1992, 3 p.m., in which he is
reported to have explained that it was impossible for him to recant his faith,
as he was asked to do in exchange for his freedom. On 7 April, Mrs. Samandari
inquired at the Ministry about the charges on which her husband had been
executed but was reportedly given no reply.
Religious animosity against members of the Baha'i faith is said to have
also resulted in the killing, on 17 June 1992, of Mr. Ruhu'llah Ghedami from
Muzaffariyyih village. He was reportedly murdered by two members of the
governmental ‘Disciplinary Forces', who are said to have acted on their own
and have reportedly been arrested and imprisoned by the authorities.
According to additional information received, systematic discrimination
of members of the Baha'i community on the basis of their religious beliefs has
continued. As members of an unrecognized religion, Baha'is are said to not
enjoy protection under the Constitution and allegedly continue to be referred
to as members of the ‘wayward Baha'i sect', considered officially as
‘unprotected infidels'. Members of the Baha'i faith reportedly continue to be
denied the right to freely express their religious beliefs, to elect and
maintain their administrative institutions, the right of assembly as well as
of their inheritance rights. Baha'is are reportedly not able to leave the
country freely as it is virtually impossible for them to obtain passports.
They allegedly continue to be denied access to institutions of higher
education and encounter difficulties in distributing Baha'i books among
themselves. The property rights of the Baha'i community are reportedly
unprotected and they remain officially barred from opening their own
businesses. Members of the Baha'i community were reportedly harassed in the
E/CN. 4/1993/62
page 42
cities of Karaj and Aran in Kashan and were compelled to close their stores.
Large numbers of Baha'is reportedly continue to be unemployed while numerous
retirement pensions have been terminated. In addition, members of the Baha'i
faith, who are said to only be allowed to bury their dead in cemeteries
specifically designated by the Government, are allegedly prohibited from
marking the graves of their co-religionists which makes them almost impossible
to identify even for family members.
According to the sources, members of the Baha'i community have continued
to be arrested and detained because of their faith. It has been reported that
on 1 April 1992, Mr. Hussain Eshraghi, an elderly follower of the Baha'i
faith, was arbitrarily arrested in Isfahan. In addition, three Baha'i women
were reportedly arrested in Sari on 21 May 1992 for talking about their faith
to a non-Baha'i who was also arrested on that occasion. On 31 May 1992, a
woman belonging to the Baha'i community is said to have been arrested in
Shahinshahr, Isfahan, for talking about her faith to a non-Baha'i friend who
was also arrested on that occasion and subsequently released. As of
1 July 1992, eight members of the Baha'i community were reportedly imprisoned.
A woman who was found guilty in December 1991 of ‘belonging to the
misguided Baha'i sect, of activities for its illegal administration, and of
leaving the Islamic Republic of Iran' had all her belongings confiscated,
‘whether known or unknown or whether she has registered them in her name or in
the name of others.. . all her belongings were put at the disposal of the
appointed Trustees of the Institutions of Religious Leadership' .
In December 1991, the Committee of Administrative Offences of the
National Steel Company of Iran permanently dismissed an employee from his
government post ‘in view of the fact that the offence committed by this person
is clear in that he belongs to the misguided sect which is recognized as being
outside the domain of Islam'.
Upon ‘unanimous consent on the part of all present', a provincial
Ministry of Education and Development convicted a person in May 1991 to
‘permanent dismissal from any government post' since a letter ‘issued from a
legal source indicates that the person concerned belongs to the misguided
Baha'i sect' and that ‘during the interview he stated that he is a Baha'i' .
The Court of Administrative Justice issued a decision in November 1990
‘in relation to the complaint of the retired and dismissed . .. regarding the
discontinuance of his pension' that ‘there are no grounds for further
investigation of this case and the complaint is hereby rejected', since the
Office of Insurance and Pensions of the Army ‘has declared . . . that his
pension has been suspended due to his membership in the misguided Baha'i
sect' .
A former employee of the Tehran University Department of Public Health
‘was found guilty of the crime of membership in the Baha'i sect and was
permanently dismissed from his government post and therefore his pension was
discontinued'. The Court of Administrative Justice decided in January 1991
that ‘there are no legal grounds to pay the pension or to bring back the above
file into circulation' .
E/cN. 4/1993/62
page 43
With regard to the complaint a former employee of the National Department
of Forestry and Prairies concerning the discontinuation of his pension
payments, in June 1991 the Court of Administrative Justice did ‘not find the
complaint acceptable', ‘taking into consideration the fact that the
complainant has not denied membership in the misguided sect' and ‘due to the
fact that membership in the misguided Baha'i sect, a sect which is considered
to be outside of Islam, is cause for dismissal from all government posts, with
all that it might imply' .
The Office of Insurance and Pensions of the Ministry of Defence and
Support of Armed Forces wrote to a former employee in September 1991: ‘Based
on the information received, you are a Baha'i and therefore not entitled to
pension payments. However, should you convert to Islam and demonstrate
remorse for having been a Baha'i and further provide this office with proof
that you have embraced Islam, steps will be taken to restore pension payments
to you.'”
38. In a subsequent communication sent on 30 September 1992 addressed to the
Government of the Islamic Republic of Iran, the following information was
transmitted by the Special Rapporteur:
“According to the information received, two Iranian citizens belonging to
the Baha'i faith, Mr. Bihnam Mithaqi and Mr. Kayvan Khalajabadi, may be facing
imminent execution on account of their religious beliefs. Messrs. Mithaqi and
Khalajabadi, who have reportedly been arrested three years ago and detained in
Gohardasht prison in Karaj , are said to have recently been summoned by the
prison authorities and informed orally that an Islamic Revolutionary Court had
issued a death sentence against them due to their Baha'i faith. It has
further been alleged that the trials at which Mr. Mithaqi and Mr. Khalajabadi
were sentenced took place in the absence of their defence counsel and it is
not known whether all legal remedies have been fully exhausted. It was
reported that the two Muslim lawyers who had been engaged by the defendants in
this case resigned for lack of possibility to continue with their work, after
having taken a number of initial steps. “
Iraq
39. In a communication sent on 4 November 1991 addressed to the Government of
Iraq, the following information was transmitted by the Special Rapporteur
(E/cN.4/1992/52, para. 55) as follows:
“According to the information received, the Shia Muslim community has
been and continues to be subjected to practices inconsistent with the
provisions of the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief, which jeopardize its
religious identity and heritage. The systematic destruction of the majority
of mosques, Husseiniyas (religious gathering places for commemorating the
martyrdom of Iman Hussein) , religious schools, libraries, cemeteries and other
historic sites in the holy cities of Najaf and Kerbala has been reported.
Numerous cemeteries and graveyards are said to have been desecrated and razed
and burials have allegedly been prohibited in many of these facilities. The
principal public libraries and private collections, some of which contained
rare religious books, manuscripts and other valuable objects, were reportedly
E/CN. 4/1993/62
page 44
looted and many among them burnt. It has been alleged that entire sections of
towns and cities with a predominantly Shia population as well as the
structures surrounding the holy shrines have been demolished with a view to
changing their character. It has also been reported that the perimeter walls
of the holy shrines which contain historic examples of ancient Islamic art and
crafts are to be destroyed and replaced with iron bars, and that plans exist
to build public parks around them. It has further been alleged that the holy
shrines have also been looted and that their administration has been taken
away from the Shia religious authorities and entrusted to those of the State.
It has reportedly been envisaged to convert a number of holy shrines into
museums, which would take away the spiritual and social role they play in the
life of the Shia community. In addition, the construction and funding of new
Shia mosques and meeting places is reportedly subjected to enormous legal and
administrative obstacles.
Religious leaders at the mosques are reportedly chosen by the authorities
and the content of their speeches is monitored. They are said to be
frequently harassed and restricted in their movements within and outside the
country. Worshippers are allegedly also subjected to surveillance and
intimidation by security officers. It has further been alleged that the
movements of the Grand Ayatollah as-Sayyid Abul Qasim Al-Khoei, whose health
is said to be deteriorating, remain restricted and that pressure is being
exerted on him to appear on television and send envoys to official ceremonies.
The members of his family, staff and their relatives who were arrested in
March 1991 continue to be detained at undisclosed locations and more than 800
members of the clergy and religious scholars who had been rounded up in
Kerbala and Najaf remain in incommunicado detention. Those who are not
detained are said to have been prohibited from performing their religious
duties and wearing their traditional dress. It has been alleged that there
are currently only 15 religious scholars left in Najaf.
Numerous religious schools, colleges and universities have allegedly been
destroyed and closed. Many seminars are said to have been banned with the
exception of those which have been officially approved. In addition, the
official curriculum of the State school system allegedly only teaches the
Sunni creed despite the fact that the majority of school children belong to
the Shia faith. Information campaigns against the Shia faith accusing it of
deviation and heresy have also been reported. Religious affairs units
allegedly control the publishing of both contemporary and traditional works of
Shia literature, as well as any books and magazines, while religious
programmes with a Shia content cannot be broadcast on radio and television.
It has been alleged that more than 1,000 Shia religious book titles have been
banned by the Ministry of Information.
Traditional Shia rituals concerning the Iman Hussein are said to have
been completely prohibited, both in private and in public, as is also the case
with other public manifestations and processions associated with Shia
religious holidays, the majority of which are allegedly not officially
recognized. It has further been reported that the application of the Shia law
regarding personal and family matters such as marriage and inheritance is not
permitted. Discrimination concerning employment opportunities and promotion
of members of the Shia community is said to exist, particularly in the civil
service, judiciary and the military. It has also been alleged that the
E/cN. 4/1993/62
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current Nationality Law has resulted in hundreds of thousands of members of
the Shia community having their citizenship revoked. It has further been
reported that hundreds of thousands of Shia have been deported and their
property seized with no compensation.
The following specific cases and incidents have been reported :
Threats against the Grand Ayatollah's son, Sayyid Muhammad
Taghi Al-Khoei, are said to have recently appeared in the Alqadisiya
newspaper, which is published by the Ministry of Defence.
A series of six articles which attacked and ridiculed the Shia faith are
reported to have recently appeared in the Ath Thawra newspaper. Derogatory
remarks are said to have been made concerning the appearance, religious rites
and morals of the Shias and doubts were allegedly expressed concerning the
validity of Shia marriages, implying that the children may be illegitimate.
The following allegations of destruction in the Shia holy cities of Iraq
in March 1991 in the context of repression which followed the Shia uprising
have been received:
The following Shia holy shrines and places of worship have reportedly been
destroyed or badly damaged in the city of Najaf
1. The holy shrine of the Imam Ali
On 23 March 1991, a bulldozer is said to have been brought in through the
Toosi door in order to tear a large hole in the air conditioning duct, through
which it passed into the inner courtyard. A number of children who reportedly
sought refuge in the shrine were hurled into a crowd outside and most are said
to have died as a result. It has further been alleged that the tomb of the
Imam Ali suffered extensive damage after being hit by artillery shells and
that one of the silver panels surrounding the tomb was also destroyed. The
golden dome and the main building are also said to have sustained considerable
damage, as is the case with the main door and minaret;
2. Forty to fifty persons are said to have been burnt alive by napalm
bombing in the holy shrine located in the Huwaish district of
Naj af;
3. The Imam Zain Al Abideen shrine dating back to the Islamic
7th century has been damaged;
4. The Safi Safa shrine in Zain Al Abideen Street has also been
damaged.
It has also been alleged that the golden dome of the Muslim bin Aqeel
holy shrine in the centre of Kufa has been badly damaged by artillery fire.
The following mosques and Husseiniyas in Najaf have reportedly been destroyed
1. The Imam Ali mosque in Amir district
E/CN. 4/1993/62
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2. The Baquee'a mosque in Medina Street
3. The Morad mosque in Toosi Street
4. The Sami Kirmasha mosque in Imarah district
S. The Imam Sadiq mosque in Medina Street
6. The Kuwait mosque in Medina Street
7. The mosques in the Khan Al Mukhathar areas are said to have been
destroyed from both the Khan and the Jamhouriya side
8. The Husseiniya Shoshtaria in Imarah district
The following Shia cemeteries in Najaf have reportedly been destroyed
1. The Wadi al Salam cemetery, which is one of the largest in the
world and of significant historical and religious value for the
followers of the Shia faith, has been almost completely razed
2. The Sheikh Abdullah Almamqany cemetery containing the tombs of
important Shia clergy
3. The Aal Shalal cemetery
4. The Aal Alkhailily cemetery
S. The Sayed Abul Hassan cemetery situated inside a shrine building
which contains the tomb of an Ayatollah has been completely burnt
6. The Al Safi cemetery in Zain Al Aabideen Street
7. The Imam Hakim cemetery in Al Rasool Street containing the tomb of
Ayatollah Al Hakim
8. The Al Baghdadi cemetery in Al Toosi Street
The following libraries in Najaf have reportedly been looted and their books
stolen or burnt
1. The Dar Al Elm public library
2. The Imam Hakim public library in Rasool Street
3. The Dar Al Hikma library in Zain Al JIIideen Street
4. The Husseiniya Shoshtaria library in Al Imarah
S. The Al Sadr Al A'dham library had all its books looted
E/cN. 4/1993/62
page 47
6. The Imam Amir Al Moa'mineen library in Al Hiwaish district had all
its books looted
7. The Al Khoei library
The following religious schools in Najaf were reportedly destroyed or burnt
1. The Dar Al Elm school for post-graduate studies directed by the
Imam Al Khoei
2. The Al Khalily school in Imarah district
3. The Dar Al Hikma school of the late Imam Al Hakim, in Zain Al
JIIideen Street
4. The Al Yazdi Great School in Al Hiwaish district
S. The Al Shaikh school in Imarah district
6. The Al Yazdi school located near the holy shrine in the centre of
the city
7. The Al Qazwini school located near the holy shrine in the centre of
the city has been burnt and demolished
8. The Al Borojordi school
9. The Al Bahbahany school in Zain Al Abideen Street
10. The Al Sadr Al A'dham school has been partly burnt
It has also been alleged that the only religious school in the holy city
of Samarra has also been destroyed.
The following holy shrines and places of worship have reportedly been
desecrated or destroyed in the city of Kerbala
1. The Imam Hussein Shrine
2. The Imam Abbas Shrine
3. The Maqam Sahib Azman Shrine is said to have been completely razed
4. The Maqam Imam Sadiq Shrine (all farms around it were reportedly
destroyed)
S. The Maqam Tal Al Zainabia
6. The Maqam Hussein Camp at Al Mokhaiam
7. The Maqam Husseins Palm at Qibla Street
E/CN. 4/1993/62
page 48
The following mosques in Kerbala have reportedly been destroyed
1. Al Hassan Mosque in Al Abbas Street
2. Al Turuk Mosque in the Al Abbasiya area
3. Aoun Mosque in the Bab Baghdad area
4. Ras Al Hussain Mosque in Bab Al Taq
5. Souq Al Kundarchia Mosque at Souq Al Kundarchia
6. Al Attareen Mosque at Souq Al Hussain
7. Sheikh Abdul Karim Mosque at Al Abbasiya
8. Soque Al Alawi Mosque in Al midan Al Qadeem
9. Ami Utrokchi Mosque in Ali Al Akbar Street
10. Al Naqib Mosque in Hay Alnaqib
11. Al Sadiq Mosque in Bab Al Khan
12. Al Hussain Mosque in Hay Ramadhan
13. Al Muttqeen Mosque in Hay Al Hur
14. Al Rasool Mosque in Bab Al Alqamy
15. Al Muntadhar Mosque in Souq Al Naalchia
16. Al JIImadi Mosque near Al Abbas Shrine
17. Abu Tahin Mosque in Bab Al Salama
18. Al Baloush Mosque in Imam Ali Street
19. Al Abbas Mosque in Al Qibla Street
20. Al Alawi Mosque in Souq Al Ainabia
21. Shti Al Furat Mosque in Bab Baghdad
22. Amir Al Moamineen Mosque in Hay Al Mualimeen
23. Nisf Minara Mosque in Hay Al Hussain
24. Al Amir Mosque in Hay Ramadhan
25. Abu Lahma Mosque in Bab Baghdad
26. Hay Al Thawra Mosque in Hay Al Thawra
E/cN. 4/1993/62
page 49
27. Ibn Gush Mosque in Bab Baghdad
28. Hay Al Abbas Mosque in Hay Al Abbas
29. Al Wadi Al Qadeem Mosque in Bab Al Khan
30. Al Saadia Mosque in Al Saadia
31. Al Muntadhar Mosque in Bab Baghdad
32. Al Quraan Mosque near the Al Abbas shrine
33. Sheikh Toosi Mosque
The following Husseiniyas in Kerbala were reportedly looted and destroyed
1. Imam Khoei in Sahib Azaman Street
2. Al Karrada at Nahr Al Hussainia
3. Al Karrada Al Sharqia in Tariq Baghdad
4. Al Samawa in Mafraq
S. Tahrania on Imam Ali Square
6. JIIali Nassiri in the city centre
7. JIIali Mowataqia in Al Abbasia
8. JIIali Samawa in Al Abbasia
9. JIIali Shamia in Al Abbasia
10. JIIali Ghamas in Al Abbasia
11. JIIali JIInjaf in Al Abbasia
12. JIIali Al Hamza in Al JIIbasia
13. Manhrat Alwaqiaa in Al Abbasia
14. Al Hussainy on Adukhnia Road
15. Ahalh Hilla on Twaireej Way
16. JIIali Hamza in Al JIIbasia
17. Gharbi in Al Abbasia
18. Bany Hissan in Al JIIbasia
19. Sababigh Al Aal in Al Abbasia
E/CN. 4/1993/62
page 50
20. JIIali Kadhimia in Bab Baghdad
21. Al Barbiat in Bab Attaq
22. Aby Al Khsib in Asaddia
23. Souq Ashyokh in Asaddia
24. Alsamawa in Asaddia
25. Al JIIbareen in Al Midan Al Qadeem
26. Sheikh Bashaar in Qiblat Al Hussain Street
27. Al Ashaar in Qiblat Al Hussain Street
28. Bani Amir in Al Abbasia
29. JIIali Al Samawa-Ajamhoor in Al Abbasia
30. Ahali Al Hay in Al Abbasia
31. JIIali Al Kut in Al Abbasia
32. Al Kadhimia in Al JIIbasia
33. Qatar in Al Mukhayam
34. JIIali al Hilla in Al Mukhayam
35. Al Karkh in Al JIIbasia
36. Al Karkh in Asaddia
37. Al Graiaat in Asaddia
38. Al Qorna in Asaddia
39. Al Thawra in Asaddia
40. Al Amara in Asaddia
41. Al Maimona in Asaddia
42. Al Rumaith in Asaddia
43. Al Nassiria in Asaddia
44. Al Rifaae in Asaddia
45. Al Basra in Asaddia
46. Al Samawa in Hay Al Baladia
E/cN. 4/1993/62
page 51
47. Al Basra in Hay Al Baladia
48. Shabab Al Ghary in Al Abbasia
49. JIIali Daqooq in Al Midan Al Qadeem
50. JIIali Touze in Al Midan Al Qadeem
51. Soqu al Alawi in Al Midan Al Qadeem
52. Al Bayaa in Bab Baghdad
53. Al Ahsaa in Soqu Al Mokhaiam
54. Al Hinood in Bab Al Salama
55. JIIali Al Qatif in Soqu Al Mokhaiam
56. JIIali Tiseen Kirkuk in Asaddia
57. Karadat Mariam in Asaddia
58. Rabeaa in Hay Al Baladia
59. Al Isfahania in Qiblat Al Hussain Street
60. Al Musayab in Bab Baghdad
61. Al Kuwait in Asaddia
62. Al Bahrania in Al Mukhaiam
63. Al Shakerchy in Al Abbasia
64. Al Mahmoodia in Al Abbasia
65. Al Musayab in Bab Al Salama
66. Al Khudhar in Al Abbasia
The following religious schools in Kerbala were reportedly destroyed
1. Imam Borujordy School in Imam Ali Square
2. Al Dinnia School in Al Mukhai-yam
3. Al Hindia School in Al Mukhai-yam
4. Hassan Khan School near the Imam Hussein Shrine
5. Ibna Fahad Al Hilly School in Al JIIbasia
6. Badkooba School in Al Mukhai-yam
E/CN. 4/1993/62
page 52
7. Al Buq'aa School in al Haramain Street
8. Al Salimia School in Al Mukhai-yam
9. Al Hussainia School near the Al Abbas shrine
10. Al Khateeb School in Al Mukhai-yam
According to the information received, 48 members of the Shia clergy were
arrested in the holy city of Samarra.
The following additional members of Shia Muslim clergy and religious
scholars of Iraqi and Iranian nationality from among the family, staff and
relatives of the Grand Ayatollah have reportedly disappeared after their
arrest between 20 and 23 March 1991 within the framework of events which have
taken place in Iraq:
1. Sheikh Mohammed Hussein Sharif Kashif Al Ghitta
2. Sheikh Rithwan Habib Kashif Al Ghitta
3. Sayed Faisal Mohammed Al Baghdadi
4. Sheikh Mohammed Hussein Abbas Alturayhee
5. Sheikh Ahmad Duwair Hashoosh Al Bahadeli
6. Sayed Ammar Abood Bahrul Uloom
7. Sayed Mohammed Aboud Bahrul Uloom
8. Sayed Alaa Nasir Mohammed
9. Sayed Mohammed Nasir Mohammed
10. Sayed Abbas Nasir Mohammed
11. Sayed Heider Nasir Mohammed
12. Sayed Kamal Mohammed Sultan Klanter
13. Sayed Mohammed Ali Abdul Samad Dhaher Al Jaberi
14. Heider Abdul Amir Aziz Fakhruldeen
15. Mohammed Abdul Amir Aziz Fakruldeen
16. Sayed Ali Saeed Al Hakim
17. Sayed Ahmad Mohammed Jafar Al Hakim
18. Sayed Hassan Mohammed Jafar Al Hakim
E/cN. 4/1993/62
page 53
19. Sayed Au Mohammed Jafar Al Hakim
20. Sayed Hassan Al Qubbanchi
21. Sheikh Mohammed Jafar Mohammed Aal Sadiq
22. Sheikh Abdul Amir Abu Altabooq
23. Sheikh Ahmad Aldujaili
24. Sheikh Hadi Aljusani
25. Sayed Mohammed Taqi Jafar Al Marashi
26. Sayed Ahmad Mohammed Taqi Al Marashi
27. Sayed Mohammed Baqir Mohammed Ibrahim Al Shirazi
28. Sayed Taqi Juma Jawad
29. Sayed Ibrahim Abul Qasim Al Khoei
30. Sayed Mahmoud Abbas Al Melani
31. Sayed Murtadha Jawad Kadhimi Al Khalkhali
32. Sayed Mahdi Murtadha Al Khalkhali
33. Sayed Mohammed Sadiq Mahdi Al Khalkhali
34. Sayed Mohammed Saleh Mahdi Al Khalkhali
35. Sayed Mohammed Hussein Mahdi Al Khalkhali
36. Sheikh Taqi Hassan Abbas Ali Deryab
37. Sheikh Hussein Ali Gulam Redha Firoz Bakht
38. Sheikh Mohammed Hussein Hussein Ali Firoz Bakht
39. Sheikh Mohammed Baqir Hussein Ali Firoz Bakht
40. Sayed Mohammed Ali Mohammed Mohammed Ali Mirsalari
41. Sheikh Zakeria Israel Mohammed Redha Annaseeri
42. Sheikh Mahdi Hassan Al Fadheli
43. Sheikh Redha Ali Akber Redha
44. Sayed Rasul Redha Hussein Hashimi Nasab
45. Sayed Hashim Redha Hussein Hashimi Nasab
E/CN. 4/1993/62
page 54
46. Sayed Ahmad Hussein Mohammed Al Bahraini
47. Sayed Mahmoud Hussein Mohammed Al Bahraini
48. Sayed Mohammed Baqir Habib Husseinian
49. Sayed Mohammed Kadhum Habib Husseinian
50. Ala Naser Algarawi
51. Abbas Naser Algarawi
52. Hayder Naser Algarawi
53. Mohammad Naser Algarawi
54. Ali Albaaj
The following members of the clergy and religious scholars of Lebanese,
Bahraini, Afghan, Pakistani and Indian nationality who worked with the Grand
Ayatollah were reportedly also arrested between 20 and 23 March 1991 within
the framework of events which have taken place in Iraq:
Lebanese
1. Sheikh Talib Al Khalil
2. Sheikh Hadi Mufeed Al Faqeeh
3. Sheikh Mahdi Mufeed Al Faqeeh
4. Sheikh Sadiq Mohammed Redha Al Faqeeh
5. Sheikh Abdul Rahman Al Faqeeh
6. Sheikh Ali Jafar
Bahraini
1. Sheikh Hassan Ali Kadhum Sharaf
2. Sheikh Fadhel Abbas Ahmad Al Omani
3. Sheikh Mohammed Jawad Abdul Rasool Hussayn
4. Sheikh Jafar Mukhtar
5. Sheikh Ahmad Abdullah Al Moat
6. Sheikh Issa Hassan Abdul Hussayn
7. Sheikh Fadhel As-saadi
8. Sheikh Redha Abdul Karim Shehab
Afghan
E/cN. 4/1993/62
page 55
1. Sayed Assadullah Sulaiman Mahmoud
2. Sheikh Mohammed Nasir Mehrab Aft Darab Au
3. Sheikh Mohammed Jafar Mirza Hussayn Gulam Au
4. Sayed Hashim Al Sayed Ali Kareem Muslim
5. Fadhel Hussayn Mohammed Amir
6. Mihrab Ali Gulam Hussayn
7. Mohammed Moussa Mohammed Ali Gulam Hussayn
8. Mohammed Husayn Mohammed Ali Gulam Hussayn
9. Mohammed Jawad Mohammed Ali Gulam Hussayn
Pakistani
1. Sheikh
2. Sheikh
3. Sheikh
4. Sheikh
5. Sheikh
6. Sheikh
7. Sheikh
8. Sheikh
9. Sheikh
Indian
Baqir Al Sheikh Moussa Ismail
Mohammed Jawad Baqir Moussa Ismail
Ali Baqir Moussa Ismail
Mohammed Baqir Baqir Moussa Ismail
Jafar Gulam Mohammed Jafar
Ahmad Gulam Mohammed Jafar
Mohammed Sharif Gulam Heider Gulam Mohammed
Sadiq Ali Gulam Heider Gulam Mohammed
Akhtar Mudhuf far Hussayn Gulamali
1. Sayed Abbas Hussayn Shah Ahmad
2. Sayed Jawad Al Sayed Abbas Hussayn Shah
It has also been alleged that in June 1991 approximately 70 theology
students of Bahraini and Saudi Arabian nationality were arrested in Najaf and
are feared to have been executed in the desert about 50 kilometres from the
city and buried in a mass grave.
E/CN. 4/1993/62
page 56
It has further been alleged that Sheikh Al JIImadi, who was over 80 years
of age, was hanged in Najaf and his corpse was subsequently left on the
ground. It has been reported that any person who approached the body in order
to bury it was shot on the spot.
According to the sources, the son, brothers and nephews of Sayed Mohammad
Ridha Al Hakim have been executed. Sayed Murtadha Ali Al Hakim, a clergyman
aged 45, was arrested on 25 March 1991 together with his sons Hussein, aged 22
and Ali, aged 25. In addition, Sayed Ala'Al Din Bahrul Uloom, Sayed Ali Al
Ala'Din Bahrul Uloom and Sayed Mohammad Safa Musa Bahrul Uloom, aged 60, 27
and 40 respectively, are also said to have been detained.
According to the information received, Ayatollah Sadiq Qazwini, a
prominent religious leader and scholar from Kerbala, aged 91, has been
imprisoned since April 1980. It has been alleged that he has been subjected
to torture despite his age and precarious state of health. It has also been
alleged that Ayatollah Qazwini's library of valuable religious books was
burned at the time of his arrest and that his home had been looted and
destroyed.”
40. On 21 January 1992 the Permanent Mission of the Republic of Iraq to the
United Nations at Geneva transmitted the following information to the Special
Rapporteur with regard to the above-mentioned allegation (E/cN.4/1992/52,
para. 55) :
“1. The allegations made at the beginning of the note are a repetition
of those made in the previous note dated 11 June 1991, to which a reply was
given in note 353 dated 8 August 1991 from the Permanent Mission of Iraq at
Geneva. The note refuted such allegations and explained some points which had
been unclear regarding the so-called ‘situation of the Shia community in
Iraq', the subjection of ‘the Shia Muslim community to practices inconsistent
with the provisions of the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief' and ‘the
situation of Ayatollah Al-Khoei', in addition to the question of religious
leaders and the method by which they are chosen at mosques, the monitoring of
their sermons and other allegations.
2. Holy shrines and places of worship in the city of Najaf: The
allegations to the effect that the shrine of the Imam Ali (may God protect
him) was demolished by heavy machinery, such as a bulldozer, in order to open
the Toosi door are untrue and unsupported by evidence. As for the killing of
several children inside the shrine, we should like to make clear that on
23 March 1991, the shrine of the Imam Ali was a centre for insurgents and
rebels, and that there were no women, children, elderly persons or other
visitors in the shrine other than the insurgents themselves, who were using
this sacred place as a base from which to resist Iraqi units. It was as a
result of actions on the part of the insurgents that this venerable shrine was
damaged. The tomb of the Imam Ali (may God protect him) did not come under
any artillery fire; the damage which it sustained was caused by subversives.
Reconstruction and repair work has been carried out on the tomb, in the
presence of its keepers, by highly-skilled artists and engravers. The shrine
E/cN. 4/1993/62
page 57
has been visited by Arab, Iraqi and foreign journalists, who saw the
reconstruction and repair work at the time. It is currently open to visits by
the general public.
3. The allegation that 40 to 50 persons were burnt alive by napalm
bombing is no more than an allegation. We should like to point out here that
when insurgents were in control of the governorates of Karbala and Najaf, they
killed a considerable number of citizens and looted their property, in
addition to carrying out acts of mutilation and rape.
4. As for the allegation of damage to the shrines of Imam Zain
al-JIIideen and Safi Safia, we should like to reaffirm our previous statement
that the shrines of holy imams and other religious sites were being used as
bases by insurgents, which resulted in such shrines being damaged.
5. As for the destruction of a number of mosques and Husseiniyahs in
the governorate of Najaf, we reaffirm that they were being used by insurgents
as bases from which to carry out their acts of subversion. Some were damaged
as a result of armed clashes between insurgents and the armed forces which
were unavoidable if civilian lives were to be preserved and public order
maintained. The religious sites, however, have been fully repaired. They are
now open and frequented by worshippers at all times.
6. The cemeteries destroyed in the governorate of Najaf: The
cemeteries referred to were not destroyed; on the contrary, they are open,
with constant burials taking place. The Wadi al-Salam cemetery has merely
been reorganized and a road and various pathways have been opened to make it
easier for visiting citizens to move around the cemetery or bury their dead.
It has been enclosed by fencing and its funeral offices are open on a regular
basis.
7. Libraries: The damage to the libraries mentioned was the direct
result of the disturbances and subversion. They were burnt and looted by
certain elements due to the significance of the valuable books that they
contain, which are an important part of our cultural and Islamic history. The
Government of Iraq has no interest in destroying, burning and looting such
libraries, which are still standing and are run by followers of the
Grand Ayatollah Sayyid Abul Qasim Al-Khoei.
8. The religious schools destroyed or burnt in Najaf: There is no
truth to the reports and allegations which state that religious schools in the
governorate of Najaf have been destroyed. They have sustained no damage apart
from the Dar al-Hikma school, an old school belonging to Sayyid Al-Khoei, who
taught mostly foreign pupils there. The school was a base for subversives,
who used it as an arms dump and also executed a number of citizens there. The
armed clash between subversives and army units resulted in the destruction of
the school. As for the Qazwini school, it was an old school for Iranian
pupils run by the Iman Ayatollah Al-Khoei. It was used as a base by
subversives and was destroyed by the fires which occurred as a result of the
clash between the armed forces and subversives.
E/CN. 4/1993/62
page 58
9. The holy shrines in the governorate of Karbala: The shrines of the
Imam Hussein and the Imam Abbas (peace be upon them) were used as arms and
ammunition dumps by insurgents and as a rallying point for resistance to
government forces. These two large shrines were also the scene of acts of
murder, rape and other repugnant crimes committed by the insurgents who were
responsible for the damage to both shrines. Having rid the shrines of the
insurgents, the competent authorities, in view of the religious and cultural
significance of the shrines, embarked on the task of repairing the damage
caused by the insurgents. The Maqam Sahib Azman shrine, it is a bogus shrine
built on the basis of a flight of fancy. Although it has no importance as a
shrine, it was used by money-grubbers for material gain and for the honouring
of vows by ingenuous citizens who failed to understand the aims of those
tending the shrine. As for the destruction of the farms around the Maqam Imam
Sadiq shrine, there is no truth to the allegation. The fact is that the
Husseiniya river, on which the governorate of Karbala is dependent for
drinking-water supplies and irrigation, was widened by a company specialized
in such work. The Maqam Imam Sadiq shrine itself was destroyed by an
explosive charge placed by the insurgents when they withdrew from the shrine.
The other shrines sustained no damage and still remain standing.
10. The mosques destroyed in the governorate of Karbala: The
allegation that a number of mosques have been destroyed is groundless. These
mosques remain standing and are visited by worshippers at all times of prayer.
As for the Attareen Mosque in Souq al-Hussein, it fell within the scope of the
town expansion in 1986, and the recent incidents had no bearing on it. The
Souq al-Kundarchia Mosque, the Utrokchi Mosque, the Rasool Mosque at
Bab al-Alqami, the Muntazar Mosque and the Ahmadi Mosque near the Imam
al-Abbas shrine, being adjacent to the Husseiniya and JIIbasiya gardens, fell
within the scope of the expansion of the gardens, which was intended to
enhance the beauty of the holy shrines in view of their sacredness to Muslims.
The Sheikh Abdul Karim Mosque in eastern Abbasiya and the Hay al-Abbas Mosque
in the Hay al-Abbas district were sabotaged, pillaged, looted and burnt by
insurgents, who wreaked havoc and destruction in the mosques and in religious
and educational centres and libraries.
11. The Husseiniyahs in the governorate of Karbala: All the
Husseiniyahs mentioned were used as arms and ammunition dumps by insurgents,
as well as to imprison and kill citizens and perpetrate various types of
crimes. They were also used as places of resistance to the central authority.
A large number suffered severe damage, while the rest remain standing. All
the Husseiniyahs which were damaged are being repaired by the competent
authorities.
12. The clergy: Despite the search for the clergy who allegedly
disappeared during the events of March 1991 and the careful investigation into
their whereabouts, they have not been found. They probably left the country
during the aggression against it or during the disturbances, apart from the
following two, who live in the governorate of Najaf:
(a) Sheikh Ahmad Duwair Hashoosh al-Bahadeli, who is currently living
at Najaf, Mualimeen district, House No. 10/10.
E/cN. 4/1993/62
page 59
(b) Sheikh A u al-Ba'aj, a former representative of Sayyid Al-Khoei in
the governorate of Qadisiya, who is currently living at Najaf.
13. The allegations in the note of the Special Rapporteur regarding the
arrest of a number of clergymen of various nationalities are groundless. None
of the persons mentioned has been arrested, executed or detained. We have no
information on them, the likelihood being that they left the country during
the disturbances.
14. As for the following accusations:
(a) The hanging of Sheikh al-Ahmadi, aged 80, in the governorate of
Najaf and the prevention of his burial;
(b) The execution of the son, brothers and nephews of Sayyid Muhammad
Ridha al-Hakim;
(c) The arrest of Sayyid Murtadha Ali al-Hakim, aged 45, together with
his sons, Hussein, aged 22, and Ali, aged 25, on 25 March 1991;
(d) The detention of Sayyid Ala' al-Din Bahrul Uloom, aged 60, Sayyid
Ali Ala' al-Din Bahrul Uloom, aged 27, and Sayyid Muhammad Sadiq
Musa Bahrul Uloom, aged 40;
(e) The arrest of Ayatollah Sadiq Qazwini, a prominent religious leader
from Karbala, aged 91, in April 1980, the burning of his library
and the looting and destruction of his home;
they are untrue, as none of those mentioned has been arrested, executed or
detained.”
41. In a communication sent on 12 November 1992 addressed to the Government
of Iraq, the following information was transmitted by the Special Rapporteur
as follows:
“According to the information received, the persecution of the Shia
Muslim community of Iraq, which constitutes approximately 60 per cent of the
country's population, and the further destruction of its religious and
cultural heritage has continued during the current reporting period.
Discrimination against Shias is said to have increased since the uprising in
March 1991 and it has been reported that the local population of the holy
cities of Karbala and Najaf are often too frightened to even visit the shrines
located there. Religious life in general is said to have been severely
restricted and the new legislation passed by the authorities has conferred
additional powers on the Ministry of Religious Affairs which authorizes it to
take over the administration of Shia religious places, appoint prayer leaders
and dictate the contents of prayer sermons. It has been reported that
mourning has not been allowed during the traditional month of Moharam and that
anyone who transgressed this ban was arrested. It has been alleged that the
holy cities of Karbala and Najaf, which are said to be under tight military
control, were sealed off from the rest of the country for two days before the
Ashura, when Shias mourn the death of the Imam Hussein. An increased military
presence in the area with roadblocks and the conducting of personal searches
was reported at the time.
E/CN. 4/1993/62
page 60
The Special Rapporteur has already spoken in his last report
(E/cN.4/1992/52, para. 55) of the desecration and damage sustained by the holy
shrines in Karbala and Najaf. He was subsequently informed that gifts which
have been made to the shrine of the Imam Ali in Najaf for over a
thousand years by kings and rulers, principally from Persia and India, such as
jewels, gold and manuscripts, have been looted from the main treasury of the
shrine. The family who have traditionally acted as custodians of the shrine
have indicated that all the treasures which had been stored in two large rooms
adjacent to the shrine courtyard have disappeared. An ancient Koran in Kufic
script which is believed to have belonged to this collection of treasures was
allegedly later offered for sale. Looting of the Al-Abbas and Al-Hussein
shrines in Karbala has also been reported.
The Special Rapporteur indicated in his last report that entire sections
of towns and cities with a predominantly Shia population have been demolished
(E/cN.4/1992/52, para. 55) . It has been reported that the historical Tal Al
Zaynabiya district of Karbala was demolished recently with the purported aim
of modernization, as is the case with other old quarters in that city and in
Najaf. It has also been alleged that all religious property belonging to the
Khoja Shia Ithna Ashari community (which originates from India and also lives
in Europe, Africa, North America, the Middle East and Pakistan) in Karbala,
Baghdad and Basra has been confiscated and offered for sale at public
auctions.
As the Special Rapporteur indicated in his previous report
(E/cN.4/1992/52, para. 55), the Wadi al Salam cemetery in Najaf, which is one
of the largest in the world and an important place of Shia pilgrimage, was
desecrated and destroyed. The Special Rapporteur has been informed that, in
an additional act of desecration, a highway has been built over its remains.
It has also been alleged that the Fiqh College in Najaf, the only
remaining official academic Shia religious college in the country, has been
closed and that its premises have been converted into a souk (market) . All of
its students are said to have been transferred to a Sunni Sharia college in
Baghdad. It has also been alleged that more than 100 senior members of
religious schools in Najaf continue to be detained and that eyewitnesses have
confirmed their presence in governmental safety houses in Baghdad.
In his previous report, the Special Rapporteur referred to the situation
of the Grand Ayatollah as-Sayyid Abul Qasim Al-Khoei (E/CN.4/1992/52,
para. 52) who passed away in Kufa on 8 August 1992 after having spent the last
18 months of his life under house arrest. It has been alleged that the
Grand Ayatollah was buried unceremoniously in the cemetery adjacent to the
Al-Khadra mosque in Najaf before dawn the following day in the presence of
only six persons and that no displays of public mourning were allowed. No
doctors were reportedly allowed to examine the body before the burial. Plans
for a public funeral were reportedly cancelled after police visited his family
home on the eve of the burial. It has also been alleged that phone links were
cut and a curfew imposed on Najaf with a view to prevent massive attendance of
the funeral. It was further reported that troops patrolled the streets of
Najaf and that shops were forced to remain open. Numerous members of the Shia
Muslim clergy were allegedly placed under house arrest and many mosques were
also closed on that occasion.
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It has been reported recently that the authorities have decided to select
themselves and impose on the Shia religious community a successor to the Grand
Ayatollah as the Supreme Religious Authority of the Shia Muslims. The person
who would nominally hold this post in Najaf would inherit the legal authority
over Shia affairs and assets previously held by the late Grand Ayatollah
as-Sayyid Abul Qasim Al-Khoei. It has also been reported that the late
Ayatollah's son, Sayed Mohammed Taki Al-Khoei, was detained in Najaf on
23 September 1992 for a number of hours for refusing to publicly endorse the
candidate selected by the authorities to replace his father. According to the
sources, an estimated 105 relatives, staff, senior clerics and religious
students associated with the Grand Ayatollah who were arrested in March 1991,
including his son Ibrahim, continue to be detained and their fate has not been
elucidated to date. In addition, it has been reported that the authorities
have made the renewal of visas of non-Iraqi theological students and teachers
in Najaf dependent on their endorsement of the governmental candidate for the
succession of the late Grand Ayatollah. The more than 200 Afghan, Pakistani,
Indian, Iranian and other non-Iraqi Arab religious scholars concerned by this
measure, who have spent most of their lives in Iraq, risk expulsion from the
country without their families and belongings.
The attention of the Special Rapporteur has also been drawn to the
situation of approximately 1,300 Shia prisoners who are reportedly detained in
the Closed Section of Abu Ghraib prison because of their religion.
The Special Rapporteur is also concerned about the situation of the Shia
Marsh Arabs from southern Iraq who have recently been victims of
indiscriminate military operations involving bombing and strafing operations
by fixed-wing aircraft and helicopter gunships, attacks with napalm and
defoliants as well as of engineering programmes aimed at draining the marshes.
Five bombing raids on Shattaniya which caused many casualties and damage were
reported at the beginning of August 1992.”
42. On 10 December 1992, the Permanent Mission of the Republic of Iraq to the
United Nations at Geneva transmitted the following information to the Special
Rapporteur with regard to the above-mentioned allegation:
With regard to the allegations referred to at the beginning of the
note, concerning the continued subjection of the Shi'a in Iraq to persecution
and destruction of their religious and cultural heritage, the competent
Iraqi authorities have already replied to an earlier note from the
Special Rapporteur in the Mission's note 1359 of 31 July 1991.
With regard to the allegations concerning desecration and destruction
of the holy places in the cities of Karbala and Najaf and the destruction
of the Wadi al-Salam cemetery so that a rapid-transit highway could be
constructed through it, similar allegations transmitted to us by the
same Special Rapporteur have already been answered in our note 20/A/10/278
of 19 January 1992.
On the subject of the closure of the College of Jurisprudence in the
governorate of Najaf and the transfer of its students to the Shari'a College
at Baghdad, we wish to make it clear that the educational institution in
question suffered severe damage at the hands of subversive elements
E/CN. 4/1993/62
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participating in the disturbances, who turned it into a base for their
activities and committed therein the most odious acts of torture and murder.
Consequently, the responsible authorities decided to amalgamate that college
with the Shari'a College so that it could continue to function.
The allegations mentioned in the Special Rapporteur's note, concerning
the placing of the late Imam Ayatollah Abul Qasim al-Khoei under house arrest
and the Iraqi authorities' refusal to permit the holding of a funeral service
for him, are total fabrications and lies. Quranic recitations were held in
the Khadhra Mosque near the Haidari Shrine in the governorate of Najaf for
six consecutive days and were attended by Sayyid Muhammad Taqi al-Khoei, the
son of the late Ayatollah al-Khoei, and his entire entourage. They were also
attended by delegations from all parts of Iraq, who came to present their
condolences, as well as ministers of religion and Shi'ite dignitaries at
Najaf, the head of the Presidential Diwan and the Minister of Awqaf and
Religious Affairs, who also presented their condolences. The Ministry of
Awqaf and Religious Affairs undertook to pay all the costs of the recitations.
Sayyid Muhammad Taqi al-Khoei and a number of ministers of religion in the
governorates of Karbala and Najaf were received by the President of the
Republic on 7 October 1992 and, during the meeting, they expressed the
gratitude of the late Ayatollah's family for the care and consideration that
His Excellency had shown for the deceased and his family. We duly brought
this to the attention of Mr. Van der Stoel, the Special Rapporteur of the
Commission on Human Rights, in response to his note containing the same
allegations. Sayyid Muhammad Taqi al-Khoei has also informed him of what
really happened. The funeral ceremony was conducted in the normal manner and
was attended by State personalities, religious dignitaries at Najaf, the
family of Ayatollah al-Khoei and residents of the governorate. No steps were
taken to prohibit the funeral cort ge.
The allegations contained in the note, concerning the Iraqi Government's
imposition of a successor to the late Imam Abul Qasim al-Khoei, are totally
false and unfounded since the Iraqi authorities have not imposed a successor
to the late Imam. They have never interfered in such matters, nor are they
doing so at the present time. This false accusation indicates a lack of
familiarity with the practices and structure of the religious establishment
(the Shi'ite hierarchy) since the successor to al-Khoei is elected by a
conclave of religious dignitaries, as is well-known in all Shi'ite religious
circles and elsewhere in the Islamic world.
The note refers to an allegation to the effect that 1,300 Shi'ites are
being held incommunicado at Abu Ghreib prison. This allegation is totally
false and unfounded. If the Special Rapporteur would kindly provide us with
the names of those persons, we would be able to reply in greater detail.
The allegations referred to in the note, concerning the killing of
residents of the marshes in southern Iraq in the wake of the military
operations undertaken there by Iraqi forces, as well as the accusation
that the Government of Iraq has prepared plans to drain the marshes in
southern Iraq, are inaccurate and biased and, like many of the allegations
made against Iraq, are couched in very vague and general terms. Iraq has
already replied to these allegations contained in the reports submitted by
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Mr. Van der Stoel, the Special Rapporteur of the Commission on Human Rights,
and reference can be made in this connection to Iraq's detailed reply in
General Assembly document A/C.3/47/2 of 7 October 1992.
Malawi
43. In a communication of 18 September 1992 addressed to the Government of
Malawi, the following information was transmitted by the Special Rapporteur:
“According to the information received, persons belonging to the
Jehovah's Witnesses faith have continued to be persecuted. It has been
alleged that 280 refugees from Mozambique who are followers of the Jehovah's
Witnesses faith have been expelled from Malawi for reportedly expressing their
religious beliefs to others.”
Malaysia
44. In a communication of 18 September 1992 addressed to the Government of
Malaysia, the following information was transmitted by the Special Rapporteur:
“According to the information received, citizens of Malaysia who are
members of the New Testament Church (NTC) have been persecuted for a number of
years. It has been alleged that church registrations have been revoked, that
the spiritual publications and banners of the church have been confiscated and
that members have been repeatedly arrested and detained for preaching the
gospel. It has also been alleged that the Malaysian authorities did not
protect members of the NTC who were Malaysian citizens when they were
subjected to persecution in Taiwan in 1985 and in Singapore in 1987.
In addition, it has been reported that Ms. Cecilia Woo, an NTC pastor,
was tried in court in 1990 for preaching. It has also been reported that any
mention of the scriptures in court was prohibited and that the Bible was
banned from the courtroom on that occasion. Ms. Woo is said to have been
sentenced to six months' imprisonment for preaching after an initial
imprisonment of three months to which she was allegedly sentenced on charges
of ‘contempt of court'.
According to the sources, nine members of the New Testament Church were
arrested on 1 March 1991 in Kuala Lumpur when they were preaching. They were
reportedly taken to a police station and detained on charges of ‘illegal
assembly', ‘resisting arrest' and ‘interfering with official duty'. It has
been reported further that on 4 March 1991, 21 members of the NTC were
arrested and imprisoned on charges of ‘illegal assembly' when they came to the
above-mentioned police station to demand the release of their nine co-
religionists. Their case is said to have been transferred to the Police
Special Branch. It has been reported that the detained members of the NTC
have been denied visits and medical treatment. It has been alleged that on
10 March 1991, the police refused to divulge the place of detention of the 21
members of the NTC arrested on 4 March 1991 to their families. The names of
the 30 members of the New Testament Church who have been arrested are:
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Sia Geok Hee, 37
Leong Soon Yong, 18
Gim Kah Hun, 37
Ng Lee Fang, 23
Lau Lih Yan, 23
Chew Keng Leng, 23
Teng Mui Fong, 27
Teh Lily, 33
Tan Sook Kuan, 15
Tan Yew Chuan, 34
Tan Choon Hun, 36
Tan Guat Ling, 31
See Seng Teck, 54
Lai Ah Lik alias Lai Boey, 52
Wong Chok Chang, 42
See Yee Al, 23
Tan Tian Chiew, 32
Lim Kai Tong, 62
Chew Kwang Sang, 25
Chew Kwang Seok, 22
Chew Kwang Sim, 21
Ng Lee Ling, 22
Ruth Ooi Lee Eng, 22
Goh Lai Eng, 50
Wong Yau Chee, 57
Lim Yew Lee, 57
Lee Kaw alias Lee Toong Lam, 43
Ng Nyet Chin, 34
Leong Ha alias Leong Keong On, 47
Ivy Ong”
45. In a communication of 16 October 1992 addressed to the Government of the
Union of Myanmar, the following information was transmitted by the Special
Rapporteur:
“Persecution of Muslims
According to the information received, since late 1989, the Rohingya
citizens of Myanmar who belong to the Muslim faith and live predominantly in
the northern part of Rakhine State (Arakan) located in the northwestern part
of the country have been subjected to persecution based on their religious
beliefs involving extrajudicial executions, torture, arbitrary detention,
forced disappearances, intimidation, gang-rape, forced labour, robbery,
setting of fire to homes, eviction, land confiscation and population
resettlement as well as the systematic destruction of towns and mosques.
Muslims are said to make up approximately 4 per cent of the country's
population and unofficial estimates place the Muslim population in Rakhine
State between 1.4 and 2 million people. Approximately 300,000 Rohingyas are
reported to have fled to Bangladesh by the end of April 1992, at the rate of
more than 2,000 per day as a result of the repression. The persecution of
Rohingyas is said to have intensified in late 1991, forcing them to flee at
the rate of 5,000-7,000 per day by March 1992. Several thousand are said to
have been killed by border guards while thousands more are reportedly kept in
custody. Numerous Muslims born in Burma are said to have been detained for
years on charges of illegal immigration. Many of those who have fled
allegedly refuse to leave Bangladesh and return to their homes in Myanmar for
fear of continuing persecution and some are said to have also fled Bangladesh
for this reason. A similar campaign during which more than 200,000 Muslims
fled from Myanmar to Bangladesh is said to have been launched by the
authorities in 1978. In addition, the State Law and Order Restoration Council
(SLORC) is said to have issued a statement according to which Rohingyas are
not citizens of Myanmar and therefore cannot return.
The human rights violations against the Rohingyas, which rose sharply in
early 1991, are reportedly primarily being committed by the armed forces and
are said to have been particularly numerous in the Maungdaw and Buthidaung
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Myanmar
E/cN. 4/1993/62
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townships of Akyab District. In January 1991, 1,500 villagers in Buthidaung
township were allegedly ordered to leave their homes. A number of villages
are said to have lost up to half of their population as thousands of Muslims
fled to seek refuge in neighbouring Bangladesh while others are almost
completely empty. The mass exodus is said to have increased dramatically in
late 1991 and early 1992.
The human rights violations which have been brought to the attention of
the Special Rapporteur may be grouped into the following broad categories:
ill-treatment and killing during porter duty, ill-treatment and rape, summary
executions and religious persecution, eviction and population transfers.
Ill-treatment during porter duty
Since the mid-1980's, Muslims are said to have been taken for forced
porter duty by the military, particularly the light infantry divisions. A
village headman would reportedly be coerced by troops into recruiting porters
from his village, often in order to avoid an attack. Persons of all ages,
including older men and children as well as clerics, are reported to have been
taken from their villages and made to carry, without pay, heavy loads of food,
bricks or ammunition for troops. Some are said to have literally been
abducted from their homes, markets or local roads and many have never
returned. They were also forced to work on the building of military camps,
the construction and improvement of roads, digging trenches, or were made to
act as servants for troops in army camps. They would also be forced
frequently to build new villages for non-Muslim settlers which the armed
forces had moved into the Rakhine area. Forced labourers were kept in army
custody for periods varying from a few days to several months, often on
rotation. Some were taken for forced porter duty several times. Since late
1991, there has reportedly been an increase in the number of Muslims taken as
porters and the frequency with which they were taken. Citizens of Myanmar
belonging to the Hindu faith are also reported to have been conscripted for
forced portering.
Muslims on forced porter duty have been reported to be victims of
ill-treatment: they were given no food or only a small amount of rice a day
and were often tied up at night, which made sleep impossible. Those who
became ill or weak from exhaustion or lack of food and could not perform their
duties to the satisfaction of the army were verbally abused, kicked with heavy
boots, beaten with bamboo sticks, iron rods and rifle butts, burned with
cigarettes, slashed with bayonets or killed. If they collapsed and could no
longer stand, they were left by the troops on the ground to die. Men who
would flee in order to evade porter duty would have female members of their
family taken in their place to the military camp and raped, often being held
as hostages until the return of the men.
The following specific cases of ill-treatment of forced labourers were
brought to the attention of the Special Rapporteur:
Abdul Jalil, 70, from Kiladaung village, Maungdaw township, had served
the military at the Kilarbil camp for a decade and was involved in portering
heavy loads and canal building. He reported that no one was allowed to stop
work and sleep until midnight, when workers had to sleep on the roadside,
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without cover. Only two and a half hours of sleep were allowed. They would
resume work in the dark and were not allowed to stop or eat until noon. This
was the only meal, and it lasted one hour. Only a handful of cooked rice was
provided. Sometimes no water was allowed. Between 8 and 20 days of service
were required before release. Those who escaped during service suffered
attacks on their families and were usually beaten to death, as were those too
ill or slow to keep up. Malaria also took a heavy toll. No medical treatment
was made available and injuries were common. Mr. Jalil has a wide scar the
length of his right leg, where a boulder fell on him. He was never released
at the time of the injury. He also has multiple scars from punctures during
beatings.
Sabed Ali, 29, a farmer from Bardaija village, Maungdaw township,
reported that one morning in early 1991 he came out of his house to pray at
about 6 a.m. Someone aimed a flashlight in his eyes, and a soldier told him
to come forward. He ignored the order and went on praying. They made a leap
for him, a chase ensued and he was soon surrounded. His elbows were tied from
behind, and he was loaded with 40 kilos of rice. He was then made to walk
several hours to Bardaija Camp, a military outpost. He then had hot water
poured over his face until he promised he would not resist forced labour
again. He was released after one month, during which he was forced to carry
heavy loads with almost no rest, food or water. Mr. Ali reported that the age
of the other porters ranged from three men over 70, to several over 50 and a
nine year-old boy.
Magbul Ahmad, 30, from Donchara village, Buthidaung township, reported
that he had been working intermittently during a year and a half as a forced
labourer on the construction of a major highway across Akyab District. He saw
many of his fellow workers on the road crews die of mistreatment, beating,
exhaustion and malnutrition. Water was not supplied to the workers. He once
saw a labourer ask a soldier for a drink, then watched the soldier urinate in
a cup and give it to him. Mr. Ahmad has gone as long as seven days on the
work crew without being allowed to steal away for a drink from a stream or a
pond. The only food the workers were allowed was a tiny portion of rice and
greens per day. At night, they had to sleep under guard on the road that they
were building.
Nur Alam, 30, from Bawly Bazaar, said that the army chose forced labour
crews from alternative houses and that the village head was responsible for
replacing the labourers. The previous crew was not released until their
replacements were sent. Muslims were constantly told they were not Burmese,
but from Bangladesh. In early 1992, soldiers forced over 400 Muslims to work
on a pond for 20 days. They were beaten and had to work in the cold.
Faruq Ahmad, 35, provided information similar to that given by Nur Alam.
Crews of eight persons sent by the village head received an eight-day term of
duty; crews taken by force had an indefinite term of forced labour. Also, if
the village head would fail to provide an alternate crew of eight men, he
himself would be obliged pay a fine of 50 Kyat (US$8) per man he could not
provide. Mr. Faruq worked as a forced labourer for as long as 25 days at a
time.
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Dii Mohammad, 27, from Naikaengdaung village, Buthidaung township,
reported that shortly after the 1990 elections, massive construction projects
were begun by the military with forced labour on Muslim land. Muslims were
told by the military in charge of the projects that ‘This is not your land, it
is ours.' They were also told ‘You are Bangladeshi tourists with foreign
identification and you don't own land.' The housing was said to be for
military families at first, but soon the units were full of non-Muslim Burmese
from other cities. Dii Mohammad was abducted for house and road construction
many times over the past two years. Sometimes he was held for as long as
three months without a break and allowed to eat only a handful of cooked rice
a day. His father, while serving as a forced labourer, was beaten to death in
public in order to serve as an example for other villagers.
Mohammadullah, from Taungbru, Maungdaw township, had continually been
obliged as a village headman to recruit and supply forced labourers from among
his fellow Muslims. In early 1991 he was confronted with soldiers who
demanded that he turn over a crew of forced labourers. When Mohammadullah
refused to do so or go himself, a SLORC officer named Bulachi reportedly shot
at him, seriously injuring both Mohammadullah and his son-in-law.
Killing during porter duty
Some deaths on porter duty are reportedly deliberate executions while
others are due to ill-treatment. In many cases, if porters collapsed from
exhaustion or could no longer stand after being beaten or kicked, they were
left by army troops lying on the ground to die. The following specific cases
of death during porter duty were brought to the attention of the Special
Rapporteur:
Nur Islam, 35, was reportedly beaten to death with the butt of a gun by
the military in early 1992. One of his relatives from Maungdaw township
reported that Nur Islam could not carry his load of ammunition and had fallen
down. The military beat him to death and left his body by the side of the
track, about 5 miles away from the village, in the mountains.
Abdul Mozid, from Nairainchaung, was beaten to death in mid-February 1991
because he was unable to carry his load of rice sacks.
Ahmed Zuri, an old man from Buthidaung township, was shot dead by a
soldier because he could no longer carry his load up a steep hill and had
fallen down onto a lower ridge.
Fazil Alam, 45, a farmer in Naikaengdam village, Buthidaung township, had
been taken many times as a forced labourer for road construction, usually for
two or three days at a time. In December 1991, he was once again taken for
forced labour. One day, soldiers appeared at his house and gave his wife a
bundle of bloody clothes she recognized as her husband's. They told her that
Fazil Alam had been unable to carry the load he was given and that they had
beaten him to death.
Imam Hussain, the grocer of Imamuddin Para village, Rakhine State, was
seized by soldiers on 30 November 1991 in his store, informed that he was a
porter for the army and was made to carry a heavy box of ammunition. After a
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few miles, Hussein reportedly told the soldiers that he did not have the
strength to carry his load any further and received a brutal beating. He was
subsequently nailed to a tree with his arms outstretched and killed with the
thrust of a bayonet in his chest.
Jaffra Ahmed, from Maungdaw township, died in February 1992 while digging
bunkers for an army camp.
Beshir Ahmed, Raschid and Mahmood reportedly collapsed after being beaten
and were left on the road.
Shwe Hla (alias Shonsul Allu), 30, from Bolikinchaung village near
Maungdaw, is reported to be missing.
Abul Husso, from Buthidaung township, was reportedly taken as a forced
labourer in early 1991 and has never returned since.
Hafis Ayu, who had been taken for forced porter duty in late 1991,
reportedly never returned to his home.
Moli Amirakhin, a Muslim cleric from Taminchaung village, Buthidaung
township, who had been taken as a forced labourer in late 1991, has never
returned to his village.
Ill-treatment and rape
It has been reported that ill-treatment of Muslims by the army and the
Lone Htein' (a paramilitary security force used to control civil unrest who
also act as border patrols) in Rakhine State also occurred outside the context
of forced portering during 1991 and early 1992. Muslims were allegedly
ill-treated if they attempted to protest when security forces attacked other
Muslims, if they objected on their own behalf, if they were suspected of
opposing the SLORC, and sometimes for no apparent reason. There have also
been numerous reports of women being raped when their husbands were taken away
for forced porter duty. Muslims were also ill-treated when they were stopped
by the Lone Htein on their way to Bangladesh, or when security forces stole
crops and other goods. The following specific cases of ill-treatment and rape
have been brought to the attention of the Special Rapporteur:
Layla Begum, 16, was staying at the house of her brother, the headman of
Imuddin Para village, Rama Musleroy, Buthidaung township. On 1 February 1992,
at about 9 p.m. soldiers forced open the door of her brother's house. When
they noticed Layla, they undressed her, molested her violently and dragged her
away. Eight days later, her body was found in the jungle near the house. She
appeared to have bled to death from her vagina. Her brother, Abdul Halim, who
had gone a few days earlier to the local army camp to ask about his sister,
was found dead a few days later.
Jahura Khatu, 30, the widow of Fazil Alam, a farmer in Naikaengdam,
Buthidaung township, who has been mentioned above, reported that soldiers came
to her home time and again at random to rape her and to demand money and food
after her husband was reported to have been beaten to death while on porter
duty in December 1991. A month after her husband's death, several soldiers
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came one night, raped her again and took her out of the house where three
young women, all unmarried, were forced at gunpoint to walk with her to
Naikaengdam Camp. The women were given no food or water and were raped by
officers throughout the night and all the following day. They were told that
they would be released if they promised to bring other women to the camp. The
women were subsequently released and decided to escape to Bangladesh.
Oziba Khatun, 20, from Napura village, Maungdaw township, reported that
she and her husband, Abdul Haq, 28, had been abducted many times for forced
labour under very harsh conditions. When soldiers came to their house one
more time in early 1992, her husband hid in the bushes. The soldiers took
Oziba Khatun instead, and she was forced to leave her two children in the
house and walk for five hours with the soldiers, until they arrived at a camp
where she was raped by officers all night. Her husband came to find her at
the camp the next day and she was released, but he was kept at the camp and
was never seen again.
Rohima Kathun, 35, a widow from Shigdarpara village, Maungdaw township,
reported that during the last months of 1991, soldiers from the Charmael Camp,
Luntin battalion, went from house to house, collecting girls between the ages
of 12 and 16. Survivors of these abductions had always been raped. In
December 1991, she received a letter from the military post four miles away
from her home asking her to send her daughter to the camp. She did not
respond and four or five soldiers burst into her house soon thereafter. They
grabbed her daughter and carried her out screaming, clubbing the girl's
fourteen year-old brother who tried to protect her. Rohima Kathun waited six
weeks for news of her daughter and then decided to flee to Bangladesh.
Dilara Begum, 16, from Hashuradha village, Maingdaw township, reported
that in mid-February 1992, she was at home with her three week-old baby. Her
husband, Habibul Rahman, 30, had been serving as a forced labourer but was
allowed to come home every night. When he once failed to report to the camp
on time, two soliders came to her house and asked for the whereabouts of her
husband. She did not answer and was immediately seized and raped by both
soldiers in front of her family. Dilara Begum reported that she had been
raped by soldiers on many occasions over the past two years, and that this
abuse was common in her village.
Jaharu Begum, 20, from Lapia, Devina, Akyab District, reported that in
November 1991, four or five soldiers came to her house at about 1 a.m. , kicked
down the door and abducted her husband for forced labour. Three days later,
the same soldiers came back at 1 a.m. or 2 a.m. and took her to the camp,
punching and hitting her with rifle butts during the one-hour walk. At the
camp, several soldiers raped her continously for approximately 16 hours.
Gul Mar, 25, from Ludengpara, Buthidaung township, reported that one
afternoon in October 1991, soldiers came to the house where she was living
with her husband, 18 month-old daughter and infant son. She was taken,
together with 120 other women from her village. Their hands were tied behind
their backs and some of them were begging to bring their children along. The
soldiers reluctantly untied some of the women to enable them to carry their
children. During a march which lasted eight hours, the soldiers grew tired of
the crying children. One by one, they took them from their mothers and threw
E/CN. 4/1993/62
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them by the roadside. Gui Mar estimated that 20 chiidren were iost in this
way that night, inciuding her own smaii daughter. When they arrived at the
Taraing miiitary camp, she was taken to a room and raped severai times a day
by groups of four to five soidiers, for seven days. Her famiiy was informed
by the miiitary that they wouid have to pay a ransom of 500 Denga (US$75) for
her reiease. The famiiies of au 120 women who had been abducted were aiso
asked for ransom in the same amount. Most of the women returned but some were
never seen again. A number of bodies, such as that of Gui Mar's friend,
Rohima Kathun, 30, were subsequentiy found near the viiiage that week.
Gui Mar never found her daughter again.
Doya Banu, 25, from Hangdaung viiiage, Buthidaung township, reported that
about 7 p.m. on 1 February 1992, soidiers from the 82nd Company based in
Thentarang Camp were going from house to house abducting both men and women to
be taken to the camp. As her husband was away on forced iabour, she was
dragged from her house, her hands tied behind her back, and was tied to a
group of about a dozen women which inciuded four or five eideriy women. Upon
arrivai at the camp, after having waiked au night on rough terrain, they were
separated ‘by beauty' and the oid women and chiidren were made to sit outdoors
under armed guard whiie the other women were taken into rooms by soidiers.
Doya Banu was raped continuousiy for three or four days, without rest or
sieep. She was given a cup of rice oniy after two days. Finaiiy, her husband
was abie to pay a ransom and she was aiiowed to go home, but he was kept for
two more weeks of forced iabour.
Guibahar, the 12 year-oid sister of Mohammad Rafiq, 25, from Bawii
Bazaar, Akyab District, was at home when five soidiers came at noon on
10 February 1992 to coiiect men for forced iabour. The soidiers took turns
raping the gin in front of her famiiy and subsequentiy carried the chiid
away. The famiiy has never received news about her since.
The wife of Sayed Hossein, 25, from Bawii Bazaar, Akyab, was raped in the
second week of January 1992 by soidiers who had come to take away young men
for forced iabour.
Aisha Khatun, 25, from Labadogh viiiage, Buthidaung township, reported
that five soidiers kicked down the door of her house one night in eariy
December 1991, saying they were coiiecting iabourers. When she toid them that
her husband was not at home, they carried her outside, tore off her ciothes,
biindfoided her with a rag, and whiie two or three soidiers heid her, each of
the five took turns raping her. Her husband, who had come out of the house to
defend her, was hacked to death with a iong-biaded work knife.
Zahida, 17, from Buthidaung township, was raped and kiiied by the army in
iate February 1992. Her body was subsequentiy found on the rubbish dump
outside the viiiage.
When Zohra, the widow of Imam Hussein who has been mentioned above, found
her husband's mutiiated body naiied to a tree, the soidiers who had kiiied him
started raping her. A week iater, she and her 12 year-oid sister were taken
by soidiers to the Lawadong army camp and iocked in a room with approximateiy
40 other women. The soidiers wouid come into the room, choose a woman and
repeatediy rape her in front of the others. Her sister died after five days.
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Summary executions
According to the information received, the killing of Muslim civilians by
the Myanmar armed forces has occurred also outside the context of forced
portering. It has been reported further that many refugees have been
executed, even though they had been pressed to ‘return' to Bangladesh. The
attention of the Special Rapporteur has been drawn to the following specific
incidents:
Mohammad Shah, 30, reports that on 3 January 1992, a group of about 200
Muslims from Azarbil, Maungdaw township, had decided to leave Myanmar for
Bangladesh. A day later, a villager informed him that his uncle, who was in
the group, was detained at the Napru military camp. He went to the camp but
was unable to obtain any news about his uncle. He recalled distinctly,
however, that he had heard the screams of women from buildings in the camp.
On S January, Mohammad Shah discovered his uncle's body near their village.
No marks of abuse were evident. He found four female bodies the following day
and recognized them as his neighbours who had joined the group that had left
for the border. A number of survivors of the killing who had been detained at
the camp or in Maungdaw prison confirmed that his neighbors had been killed
but declined to discuss the matter further, as they were released on the
promise of keeping silent.
On 9 February 1992, Myanmar security forces are reported to have killed
at least 20 Muslims who were attempting to cross the Naaf River into
Bangladesh a few days earlier. Thirty-five others reportedly died as a result
of drowning. Eyewitnesses have allegedly indicated that scores of people
attempting to flee were deliberately killed on the boats by members of the
security forces and by Rakhine civilians whom the security forces did not
attempt to restrain. Between 100 and 150 persons were reportedly arrested by
the Lone Htein and were not heard of again. A boatman is reported to have
seen soldiers shoot at three boats carrying refugees crossing the Puyuma canal
which joins the Naaf River at Okpyuma village, killing approximately
40 people.
Hafez Ahmad, 32, the owner of a small shop in Tongbazar village,
Buthidaung township, reported that when he left for Bangladesh along with
1,500 villagers on 20 February 1992, soldiers had encouraged them to go. They
travelled 40 kilometers to the Ghacharibil Crossing on the Naaf River, where
they hired about 20 boats to take them across. There were 20 to 25 soldiers
at the river and they began taking money and jewellery from the refugees. The
soldiers are said to have become increasingly hostile and began to take even
clothes and rice. Finally, they began snatching the smallest children from
their parent's arms and swinging them ‘like sacks' by their ankles, beating
their heads time and again against the river bank. Hafez Ahmad saw
approximately 10 children killed in this way. The soldiers later shot at the
boats crossing the river, sinking one and injuring many refugees.
Fatema Khatun, 30, reported that on 26 February 1992, she and her family
had left Goalangi village, Buthidaung township, along with a group of 600 to
700 other people. On 3 March, as they came near the Daijarkhal river, they
were surrounded by 40 to 50 armed soldiers. Fatema Khatun and her son who had
been wounded had fallen behind and went unnoticed. Suddenly, the soldiers
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began firing into the crowd. She clearly saw her father shot in the chest and
her husband take at least one shot as well. In the ensuing confusion, she
could not find the other members of her family and has never heard about them
since.
On 4 March 1992, Burmese troops reportedly captured more than 300 Muslims
trying to flee across the Naaf River into Bangladesh, took away the young
women, and shot dead many of the remaining refugees.
In February 1992, a mixed team of Lone Htein and soldiers came late at
night to the house of a retired teacher from Maungdaw township who had helped
the local authorities collect crops and money from the villagers in order to
give them to the army. When the teacher refused to collect goods from the
villagers because of the late hour, they cut his throat with a knife in front
of his wife and took all the valuables from their house.
Abdul Rahman, about 30, a farmer from Buthidaung township, was sitting
outside his house when the MI 18 (Military Intelligence) came and shot him
dead in the street, on suspicion that he belonged to an insurgent
organization, which was not the case.
A former government official from Maungdaw township witnessed the
killing, in late February 1992, of a farmer whom he had tried to help by
trying to mediate between him and the 25 soldiers who demanded that he give
them his cows, his sole means of livelihood. The official was reportedly
standing next to the farmer, trying to persuade him to hand over his cows when
soldiers shot the farmer dead. The soldiers then accused the official of
discouraging the farmer from cooperating and slashed him across the head with
a bayonet.
Abdul Halim, the headman of Imuddin Para village, Rama Musleroy,
Buthidaung township, had returned from forced labour with the military to find
that his sister, Layla Begum, and his brother had been abducted by soldiers on
1 February 1992. He went to the local army camp to inquire about the
disappearance. Twenty-one days later, his body and that of his brother were
found in the jungle near the village. Their genitals had been cut off, eyes
gouged out, both hands cut off and they were cut down the torso into two
pieces.
Religious persecution, eviction and population transfers
The acts of religious persecution to which Rohingyas are reportedly
subjected involve the closing and destruction of mosques, harassment and
killing of religious leaders and worshippers, a ban on most forms of religious
activity and the inability to obtain Islamic books and materials. Numerous
Muslims are said to have been subjected to random acts of harassment in public
places. There have also been numerous reports of the military and Lone Htein
officers confiscating or tearing the National Registration cards of Muslims.
In 1991, the Marakesh mosque in Maungdaw was reportedly closed while 800
persons were inside. On 3 April 1992, the armed forces reportedly killed more
than 300 and wounded more than 150 worshippers at the Maungdaw mosque, when
more than 3000 persons are said to have been assembled to celebrate the end of
the month of Ramadan. According to the information received, the army, which
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justified its intervention by stating that the worshippers had broken the
seals placed on the doors of the mosque, encircled it with cannons and fired
at the crowd with heavy machine guns. Soldiers are also said to have thrown
grenades inside the building.
According to the sources, there appears to be a government policy of
moving non-Muslim Burmese into northern Rakhine State in an effort to displace
the people the government calls ‘foreigners'. Muslims are said to have been
virtually prisoners of their provinces since 1964, not being allowed to travel
even between villages within a single township. The population transfers are
said to have intensified the persecution of Muslims. The following specific
cases were brought to the attention of the Special Rapporteur:
Abdul Shokur, SO, a watchmaker, part-time farmer and village teacher of
Islam from Kandaung village, Buthidaung township, stated that before May 1990,
pressure on Muslims used to be sporadic. Every Muslim had an identity card
which designated him or her as a ‘foreigner' without Burmese citizenship. No
Muslim could travel without a permit, especially to Rangoon. The fee for
obtaining a permit was 4,000 to 5,000 Denga (US$600 to 750), or 10 times the
average monthly salary in Akyab District. Muslims were frequently told they
were not Burmese but from Bangladesh. The persecution of Muslims is said to
have become commonplace after the May 1990 elections. Mosques were at first
locked up, and then destroyed throughout the area with forced Muslim labour,
and Buddhist temples were reportedly built in their place. Agricultural land
was confiscated from Muslims for military use or distributed to non-Muslims in
housing projects built with forced Muslim labour. About 150 Muslim homes in
Kandaung village were expropriated in favour of non-Muslims and 150 new
buildings were built to house the newcomers. Non-Muslim newcomers reportedly
received one cow, land, as well as military and agricultural training. The
military training of civilians, including the use of arms, increased the level
of abuse against the Muslims, as they frequently joined soldiers in beating
and looting. Random harassment of Muslims increased as well. Abdul Shokur
further reported that one day soldiers discovered him teaching the Koran to
children. They ridiculed him, threw the book on the ground and stomped it
with their boots. It was at this point that he decided to flee to Bangladesh
with his family.
Abdul Salam, 25, from Kandaung village, Buthidaung township, reported
that a housing project for urban non-Muslims had been built during 1991 on
Muslim land by forced labour in which he had taken part. Soldiers and
non-Muslim civilians had also abducted Muslim men to train the newcomers in
agricultural activities, in much the same way forced labour crews were
collected for road construction. He reported that non-Muslim civilians were
provided with military training and weapons, which prompted the random
harassment, bullying and beating of Muslims.
Nurul Eslam, 20, a student of Islam from Kuansibaung village, Maungdaw
township, reported that in March 1991, all Islamic schools in his village were
closed, on orders ‘from above', according to the soldiers. Harassment by
troops included orders for all Muslims to get out of Burma and ‘go back' to
Bangladesh.
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Mohammad Yonus, 50, from Miumaungkora village, Maungdaw township,
reported that the mosque in his village had been destroyed by forced Muslim
labour under military orders. All Muslims had been ordered to stop prayers.
Mohammad Yonus was reportedly beaten on occasion for praying in a field near
his home. Forced Muslim labour was used to build housing for non-Muslims in
his village.
Abolhashem, 20, a student of Islam from Singdaung village, Buthidaung
township, reported that one day, he and four friends were walking to the
market with religious books in hand after class. A group of soldiers and
non-Muslim civilians who had recently moved into a new housing project
reportedly stopped the youths and began to ask questions about their books.
The soldiers and the civilians then pushed the students down the road to their
Islamic school. The young men were released, but four teachers were taken in
their place. The local mosque had been demolished earlier with forced Muslim
labour and a Buddhist temple had been built in its place. A teacher who said
something in Bengali at prayer time was immediatly beaten. When another
teacher started praying in Arabic, the group of soldiers and civilians
immediately started beating all four fiercely. They were then ordered to pray
aloud to a statue of the Buddha, which they refused, and the beating
continued. Finally, the soliders took the teachers to Buthidaung camp where
they were detained until the next day, when the Muslim community had collected
enough money to pay a ransom. Abolhashem further reported that shortly after
the incident, the school was surrounded by about 30 soldiers when 500 men and
boys, aged from 10 to 40, were studying inside. They tied the hands of all
those present and made them walk to Fumali camp. They were subsequently
forced into portering for days in the mountains, without food, water or rest.
Many reportedly died from exhaustion and ill-treatment. Only about one third
of the original group survived to reach the Afored Dala camp. Eventually,
they were told to walk to Bangladesh, and many died on the way.
The Special Rapporteur has also been informed that Mohamed Ilyas, 60, a
Muslim member of parliament from Myothugyi village near Maungdaw, was
reportedly beaten to death in military barracks on 19 June 1992 because he
refused to go to Bangladesh to try to persuade Muslim refugees from Rakhine
State to return home, after an agreement was signed by the SLORC and the
Government of Bangladesh on 28 April 1992. Mr. Ilyas is said to have been
arrested on 16 June together with four other parliamentarians. The soldiers
are said to have returned his dead body to his family on 23 June. The four
other deputies, including Fazal Ahmed, were reportedly seriously injured and
are detained in a military prison.
Persecution of Christians
According to additional information received by the Special Rapporteur,
Christians have also suffered persecution in Myanmar, especially in the area
of the Irrawaddy delta. It has been alleged that villages have been bombed,
churches raided and that pastors have been killed or have disappeared.
At the beginning of October 1991, a number of pastors from the Bogale,
Tee Tant, Ket-Thamaing and Kayin Sabyuzu villages are said to have been
imprisoned. Some of them are reported to have been executed. The following
pastors are reportedly known to have been executed:
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- Rev. James, Tee Tant village
- Elder Po Beh, Deacon of the church, Tee Tant village
- Rev. Daniel Tun, Hti Mulu-Kaimggyi village
- Pastor Thra Raynor, K b Doh village
- Pastor Thra Ah Play, K b Po village
- Pastor Thra Silas, Kathamyin village
A number of pastors were also reportedly executed in Ohn Bin Su village.
In mid-October, the pastor of Singugyi village, Thra Tse Eh Gay, is reported
to have been shot dead when he left the church after the service. The young
son of pastor Taw Ler from Kaw Le Lu village was allegedly beaten unconscious
and taken to the town of Labutta. There has been no news about him since. On
18 October 1991, numerous pastors were reportedly killed in villages near the
town of Ngaputaw. The following pastors are said to have been arrested on
that occasion:
- Pastor Johnny Htoo, Hti Mu Lu village
- Pastor Saw Khay, Kaw Kaw Lu village
- Pastor Lah Bah, Thet Po Lu village
- Pastor Htoo Set, Ka Ser Htoo village
- Pastor Bar Tha Aung, Kyauktan village
- Pastor Harry, Kyauktaloue village
- Pastor Harcourt, Hlaingboue village
- Pastor Tsar Eh Gay, Hsingugyi village
Numerous pastors are said to have been killed in November 1991 when the
entire Kawlelu village was set on fire by the army. Also in November, troops
reportedly entered Eh Eh village in Tavoy District and forcefully raided
during worship a protestant church which was full at the time. They arrested
the congregation and segregated the men and women. The latter were then
ill-treated and raped by the soldiers. The soldiers are reported to have
subsequently set fire to a number of houses in the village and killed 24
persons.”
46. On 12 November 1992, the Permanent Mission of the Union of Myanmar to the
United Nations Office at Geneva transmitted the following information to the
Special Rapporteur with regard to the above-mentionned allegation:
“First of all, I should like to say categorically that the allegations to
the effect that there is discrimination against people residing in Myanmar
based on religion are totally untrue. In Myanmar, the major religions -
Buddhism, Islam, Christianity and Hinduism - live side by side, flourishing
and living in complete harmony. It is true that a large majority of the
Myanmar nationals are Buddhists. Buddhism is a tolerant religion. Myanmar's
culture goes back as far as thousands of years. Its culture is known for its
gentleness, compassion and tolerance. This deep and rich culture ensures that
there is great respect for other religious faiths. One who has been to Yangon
(Rangoon) , the capital, will notice that right at the centre of the town,
there are a Buddhist pagoda, a Christian church, an Islamic mosque and a Hindu
temple - all symbols of major religions thriving in Myanmar.
Even in the olden days, the Myanmar kings as devout Buddhists liberally
decreed the promotion of other religions by way of the construction of mosques
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and churches with funds from the royal treasury. Royal edicts were issued,
allowing the subjects to profess any religion of their choice. The Myanmar
king, King Mindon Mingyi, donated and arranged to build a rest-house at Mecca
for the benefit of the Myanmar Muslims who went on Haj pilgrimages. Side by
side with Buddhist temples, there are mosques and churches all over the
country. There are 66 mosques in Yangon alone and some 1,300 in the whole
country.
This deep-seated tradition of religious tolerance is well-maintained
right up to this day. People of Islamic faith are given facilities to make
their Haj pilgrimage to Mecca. Facilities are also extended to the Christians
to attend religious conferences of various denominations.
With regard to the allegation that the people of Islamic faith in Myanmar
are being persecuted, I should like to refer to the statement made by the
General Secretary of All Myanmar Moulvis Headquarters made on 24 July 1992 at
the Zafar Shah Mosque in Yangon to the people of the Muslim faith. He
categorically stated that the allegations were fabricated by some big
countries and certain foreign news agencies. Again, on 25 July 1992, at a
ceremony welcoming back the Haj pilgrims, the Myanmar Muslims National Affairs
Committee Chairman also stated that there is freedom of religion in Myanmar
since the period of the Myanmar kings and called on those who crossed over to
Bangladesh to come back to Myanmar with trust in the government.
I should like to stress here that because of the fact a large majority of
the Myanmar nationals are Buddhists, the Government is prudent and careful in
taking measures so that there is no discrimination against the other religious
faiths in Myanmar. For this reason, a separate Ministry for Religious Affairs
headed by a Minister of Cabinet rank was established in March 1992. This
Ministry is to facilitate the promotion and propagation of the various
religious faiths, including Islam, in Myanmar.
Now, I should like to refer to the matter of people who crossed over to
Bangladesh. Since the first Anglo-Myanmar war in 1824, Muslims of Bengali
stock had entered Rakhine (Arakan) State illegally from across the border.
After annexation of Myanmar, the British administration adopted a policy of
liberalizing immigration regulations in order to import labour from India to
work on the agricultural lands largely devoted to growing paddy. During the
course of the years, the number of such immigrants increased culminating in
illegal settlement creating problems for the local populace. Recently, the
Immigration officials conducted routine checking of the National Registration
Cards in the area. Those who did not want to submit themselves to examination
of their registration cards fled to the other side of the country. Among
those who fled were mostly poor people who were lured by stories that relief
food and goods were being distributed on the other side. Some left because
they were threatened by terrorist insurgents to burn down their houses. The
flow of these people to Bangladesh was essentially an illegal immigration
problem. This problem was the cause of the people going over to that country.
The same problem was the cause of the outflow of people of Bengali stock back
in 1978.
Now about the so-called ‘Rohingya people'. The so-called ‘Rohingyas'
never belonged to the national races or national racial groups of Myanmar.
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The Rohingyas do not exist in Myanmar either historically, politically or
legally. Nor do they in any way represent any segment of the population in
Myanmar including those professing the Islamic faith. The so-called
‘Rohingyas' is an invention of insurgent terrorist organizations like the
Rohingya Solidarity Organization (RSO) and the Arakan Rohingya Islamic Front
(ARIF) . Both organizations are alien to Myanmar in form and content and are
largely supported and patronized from abroad.
As I have stated earlier, Myanmar saw the illegal entry of people of
Bengali stock after the first Anglo-Myanmar war in 1824. At the end of the
Second World War, plenty of arms and ammunition came into the hands of the
people in that area. When the euphoria generated by the creation of Pakistan
spread over Buthidaung and Maungdaw districts in Rakhine State, it gave birth
to a political movement known as ‘Mujahid Movement' led by one Abdul Kassim
from Maungdaw township. Its demand was that Buthidaung and Maungdaw areas
(situated in Rakhine State) to be designated as a Muslim State to be
amalgamated with East Pakistan, now Bangladesh. The so-called Rohingyas are
descendants of this alien terrorist insurgent movement. The said RSO and ARIF
are the two main organizations responsible for the terrorist activities
inciting the people of Islamic faith to cross over to the other side.
Now about the allegations against the Myanmar Armed Forces (the
Tatmadaw ) .
The Myanmar army is the National Defence Force that in its growth
underwent a metamorphosis as a Burmese Independent Army (BIA) , the Burma
Defence Army (DBA) and the Patriotic Burmese Forces (PBF) which had its
beginnings in the early 1940s. In fighting or striving for national
independence the Tatmadaw fought hand in hand together with the people, a
struggle in which all the indigenous national races participated. The Myanmar
army was born out of the national struggle for independence and follows the
tradition of serving the people's interest loyally and faithfully. It is a
carefully built and organized force that has been nurtured to defend the
national interest. The Tatmadaw is a methodically and systematically
organized institution made up of highly trained and disciplined personnel.
Each member is pledged to conduct oneself in conformity with a prescribed code
of ethics and is enjoined to respect the cultural traditions and customs of
the local people. This training and tradition is fiercely maintained and
observed by every member. Any misbehaviour or misconduct by a member is not
tolerated or condoned. In view of these qualities, the grotesque allegations
made against the Tatmadaw are totally false.
I feel that I have adequately covered and rebutted the allegations made
against the Myanmar armed forces.
With regard to the allegations relating to individuals contained in the
Annex attached to your letter, I should like to say that the allegations are
based on fabricated and fraudulent evidence and are therefore mendacious.”
47. With regard to the very specific allegations which the Special Rapporteur
sent to the Government of Myanmar, he has noted that its reply was limited to
specifying the principles of religious liberty which are said to be respected
in this country and to describing the important role played by the Army of
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Myanmar in the political, social and security context. The Special Rapporteur
is, nevertheless, of the opinion that the concrete cases concerning the
exercise of the freedom of religion by the members of the Muslim and Christian
faiths merits an investigation that would identify the persons, locations and
situations concerned, which has not been carried out. The Special Rapporteur
believes that the fact that the acts in question have been attributed to
terrorist groups does not relieve the Government of its responsibility to
conduct an inquiry.
Pakistan
48. In a communication of 30 October 1992 addressed to the Government of
Pakistan, the following information was transmitted by the Special Rapporteur:
“Information concerning Christians
According to the information received, members of religious minorities in
Pakistan are said to have felt increasingly vulnerable since the passing of
the Enforcement of Sharia (Islamic law) Act 1991 which has entailed on 29 July
1991 an amendment to Section 295C of the Pakistan Penal Code concerning the
offence of defiling the name of the Prophet Mohammad (Gustakh-e-Rasool) .
Section 295C was added to the Pakistan Penal Code through the Criminal Law
Amendment Act 1986 in order to provide life imprisonment or the death penalty
for the criminal offence of defiling the name of the Prophet. By removing the
alternative punishment of life imprisonment, the amendment to Section 295C of
the Pakistan Penal Code makes the death penalty the mandatory punishment for
this offence. It has also been alleged that since the second half of 1991,
Islamic law has been invoked with greater frequency against Pakistani citizens
of Christian faith although the 1973 Constitution stipulates that it should
not be applied to non-Muslim religious minorities. It has further been
alleged that commenting on or writing against the Enforcement of Sharia Act
1991 and the amendment of Section 295C of the Pakistan Penal Code may, in the
present circumstances, be liable to prosecution under these very laws.
According to the information received by the Special Rapporteur, a number
of Christians have already been charged under Section 295C of the Pakistan
Penal Code. Professional enmity or rivalry in business have been cited as a
frequent cause for Christians to be charged and imprisoned under Section 295C,
and it is alleged to have compounded their sense of insecurity and fear of
intimidation and harassment. Cases of Christian children working as domestic
servants who were forcibly converted to the Muslim faith are said to have
occurred as well. A nine-year old boy employed in a workshop owned by a
Muslim is also said to have been converted to Islam by force. In addition,
the Special Rapporteur was informed that a decision has been reached by the
authorities to have the religion of all citizens indicated on their
identification cards.
The following specific incidents involving Christians have been brought
to the attention of the Special Rapporteur:
Naimat Ahmer, 45, a Christian schoolteacher and well-known author, was
killed on 6 January 1992 in Faisalabad, near Lahore in Punjab province,
because he had been accused of defiling the name of the Prophet Mohammad on
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anonymous handwritten pamphlets which appeared on the village walls.
According to the information received, Farooq Ahmed, 20, a student and son of
the local butcher, called Mr. Ahmer outside his office at the District
Education Department under the pretext that he had a message for him, hit him
on the head and stabbed him 17 times before cutting his throat. When he was
questioned at the office of the Superintendent of the District Jail why he had
killed Mr. Ahmer, Farooq Ahmed reportedly answered that he had heard in the
village that a Christian schoolteacher had insulted the Prophet, adding that
Mr. Ahmer never did so in his presence.
It has been reported that when Farooq Ahmed told the policemen who
arrested him why he had committed the murder, several of them kissed him.
Farooq Ahmed allegedly stated that he felt no guilt for the crime he had
committed as he felt it was his religious duty and because numerous members of
the clergy and teachers told him that he would be released on bail. They are
reported to have told his father that his son had rendered a great service to
religion and to have congratulated him. It has also been alleged that the
Muslim community has been exerting pressure on the authorities to have Farooq
Ahmed charged with manslaughter rather than premeditated murder.
According to the sources, Mr. Naimat Ahmer was posted three years ago as
headmaster of the Miani High School at chak No. 247 and is said to have become
popular with his students because of his teaching methods. A number of
teachers reportedly became envious of Mr. Ahmer because he was a Christian who
was running the school without asking them for guidance, and tried to turn the
students against him, to no avail. They succeeded, however, in having the
Education Department conduct an inquiry concerning Mr. Ahmer for lack of
discipline. No evidence was found. Mr. Ahmer's adversaries nevertheless
managed to have him transferred to the post of senior schoolteacher at the
Zamindar High School in the village of Dasuha near Faisalabad, chak No. 242.
A number of teachers once again unsuccessfully tried to turn the students
against Mr. Ahmer, as they reportedly wanted Mr. Allah Ditta, the uncle of
Farooq Ahmed who subsequently killed Mr. Ahmer, to be appointed in his place.
On 18 December 1991, an anonymous handwritten pamphlet appeared on the walls
of the school, houses and shops in the village, accusing a Christian teacher
of disgracing Islam and spreading anti-Islamic propaganda. The headmaster of
the school was asked to inform the police and Education Department that a
Christian teacher had insulted the Prophet and a committee of teachers was
appointed to conduct an inquiry. All of Mr. Ahmer's students reportedly
indicated that he had never said anything against Islam. Fearing for his
safety, Mr. Ahmer is reported to have sought a transfer from Zamindar High
School and was subsequently transferred to the District Education Office in
Faisalabad. It was reported that a direct witness to Mr. Ahmer's alleged
blasphemy has never been found and that he was a victim of hearsay and
professional enmity.
Tahir Iqbal, 32, an Associate Engineer with the Pakistan Air Force who
had retired for medical reasons, died on 19 July 1992 in Kotlakhpat Central
Prison in Lahore. Mr. Iqbal, who was confined to a wheelchair, had converted
to Christianity in 1989 and went to live at the Nishat Christian Colony in
Lahore. He was imprisoned on 7 December 1990 on charges of defiling the name
of the Prophet Mohammad and desecrating the Koran. Mr. Iqbal had allegedly
underlined a number of verses and wrote notes on the margin of an English
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version of the Koran which was found in his possession. Muslim clergy
reportedly pronounced a fatwa (religious ruling) against Mr. Iqbal declaring
him a murtid (an infidel whose killing would constitute a religious deed) .
The District and Session judge who conducted his trial reportedly refused to
release him on bail on the grounds that Mr. Iqbal would be safer in prison as
fanatics would put his life in danger if he were to be released. The Supreme
Court of Lahore is said to have also rejected his requests to be released on
bail. It has been alleged that during his incarceration, pressure was
constantly exerted on Mr. Iqbal to renounce his faith. The Special Rapporteur
was also informed that a list of persons who had converted to Christianity in
the past, a number of whom have become bishops in the meantime, had been made
public recently. It is feared that they may face hardships as a result.
Chand Barkat, a prosperous Christian shopkeeper from Karachi, was
arrested on charges of blasphemy on 8 October 1991, shortly after having had a
dispute with a Muslim shopkeeper. His trial has been postponed several times
since the persons who had accused him of the offence did not appear at court.
Eyewitnesses have reportedly stated that Mr. Barkat never said anything to
warrant such charges. Mr. Barkat is said to have been flogged and his
requests to be released on bail were reportedly rejected. He continues to be
detained in Karachi Central Prison. It is feared that Mr. Barkat was
denounced on the basis of professional rivalry.
Bashir Masih and Gul Pervaiz, two Christian youths from Faisalabad, were
arrested on 10 December 1991, reportedly on charges of defiling the name of
the Prophet. It has been alleged that a number of clergymen have issued a
religious ruling condemning them to death. Mr. Pervaiz is said to still be
detained.
Gul Masih and Bashir Masih, two young men from Sarghoda, were arrested at
the beginning of January 1992, reportedly on charges of blasphemy, and are
said to have been released soon thereafter. When they learned of the release,
more than 200 members of the Muslim clergy allegedly organized a protest
meeting. Ameer Maulana Jalal-uddin, who presided over the protest meeting, is
said to have told the audience that all Christian leaders should be
immediately hanged and in particular the two young men who had been accused of
blasphemy. He reportedly stated that they were to be summarily killed since
more than 200 members of the clergy had pronounced a fatwa (religious ruling)
condemning them to death.
Bantu Masih, 65, a prosperous Christian shopkeeper from Lahore, is said
to have been arrested on charges of blasphemy. He is reported to have been
attacked at the police station by a Muslim youth armed with a dagger.
Mr. Masih was seriously injured and spent a month recovering in a hospital.
He was reportedly told that he would not be accused of blasphemy if he chose
to drop the charges against his assailant. Mr. Masih is alleged to be hiding
for fear that his flourishing business would continue to cause envy among
Muslim shopkeepers.
E/cN. 4/1993/62
page 81
Information concerning Ahmadis
It is feared that the amendment to Section 295C of the Pakistan
Penal Code concerning the offence of defiling the name of the Prophet Mohammad
(Gustakh-e-Rasool) may be particularly prejudicial to Pakistani citizens
belonging to the Ahmadi faith who are estimated to number 3 to 4 million.
Since reference by Ahmadis to the Prophet Mohammad is considered by orthodox
Muslims as blasphemy, the amendment mentioned above would make the death
penalty the mandatory punishment for the peaceful exercise of their religious
beliefs, although it applies to anyone showing disrespect to the Prophet.
JIImadis were declared a non-Muslim minority by an amendment to the
Constitution introduced in 1974. Large-scale agitation against Ahmadis has
already led to bloodshed in 1953 and 1974.
In 1984, Ordinance XX introduced Sections 298B and 298C into the Pakistan
Penal Code which, referring specifically to Ahmadis, prohibited them from
calling themselves Muslims and using Muslim practices in worship or in the
propagation of their faith. The infringement of these laws was punished with
a term of imprisonment of up to three years and the payment of a fine. In
1991, Ordinance XXI which was promulgated on 7 July amended Section 295A of
the Pakistan Penal Code and the Code of Criminal Procedure to increase the
maximum punishment for outraging the religious feelings of any group from
2 years to 10 years of imprisonment. Although the majority of JIImadis who
were charged and convicted under the Sections 298B and C and 295A were
released on bail, they have sometimes had to wait for periods extending from
several months to several years before being brought to trial.
Ahmadis are reportedly accused of committing the following offences when
they are prosecuted under Section 298C of the Pakistan Penal Code: offering
daily prayers, the use of Kalima Tayyaba, Azan, preaching, using Muslim
epithets and verses and ‘posing as Muslims' . Ahmadis are alleged to have been
charged of ‘posing as Muslims' also under Section 295C which now carries the
death penalty. Some of the following acts are alleged to be considered as
‘posing' if carried out by JIImadis:
- Using the greeting ‘Asslam-o-Alaikum';
- Writing ‘Assalam-o-Alaikum' and ‘Inshallah' on invitation cards for
inaugural ceremonies or the opening of a shop;
- Writing ‘Bismillah' on wedding invitation cards or on the face of a
shop;
- Displaying a verse from the Koran on a neon sign or a calendar with
Koranic verses;
- Reciting the Koran out loud;
- Offering ‘Janaza' prayers;
- Writing ‘Kalima' on a tombstone
E/CN. 4/1993/62
page 82
It has been reported that a number of Ahmadi mosques have been
desecrated, sealed, damaged or completely destroyed or burnt without the
prosecution of those who were responsible for such acts. Ahmadis are said to
be denied burial in common cemeteries and their bodies have allegedly been
exhumed from their graves. In addition, prominent Abmadis have allegedly been
harassed and on occasion fire was set to their homes. Ordinance XX has
reportedly been invoked to have ‘Kalima' stickers removed from vehicles and
its inscription erased from walls. Abmadis are said to have been denied the
use of loudspeakers at their religious gatherings. It has also been alleged
that mullah Manzoor Chinioti had urged the audience at a public gathering in
Sukheki, Gujranwala, to start the Jihad (holy war) against Ahmadis since they
were apostates and as such deserved the death penalty. The same clergyman is
also said to have announced plans to eradicate Ahmadis from the city of
Bhakkar. It has further been alleged that Mr. Maqbool Elahi Malik, the
Advocate General of Punjab, had stated that an Ahmadi imparting religious
education to his children would be liable to capital punishment as this would
amount to religious propaganda aiming to make the children apostates.
The following specific incidents involving JIImadis have been brought to
the attention of the Special Rapporteur:
Abdul Shakoor, the owner of ‘Shakoor Opticians Rabwah' store in
Sargodha whose case was mentioned by the Special Rapporteur in his report
(E/cN.4/1991/56), had been arrested on 11 March 1990 for wearing a ring with
verses from the Koran. On 27 July 1991, Mr. Shakoor is said to have been
sentenced by Mr. Ejaz Hussain Baloch, Magistrate 1st Class in Sargodha, to
three years' rigorous imprisonment and a fine of 5,000 rupees.
On 14 June 1991, the authorities of Khando, Larkana district, did not
allow an old Ahmadi woman's body to be buried in the cemetery of that
locality. Relatives who came to attend the funeral and who were ultimately
obliged to bury her in the courtyard of the Ahmadi mosque, are said to have
been subjected to intimidation by opponents of their faith.
Rana Karamatullah, an elderly farmer and businessman from Abbotabad,
North-West Frontier Province, was among a group of 55 Abmadis who are alleged
to have met on 12 January 1990 for a prayer meeting in a private household.
Khatme Nabuwat Youth Force, a local Islamic group, is said to have informed
the Deputy Commissioner of Police of the meeting and the following day cases
were registered against 12 of the participants for offering prayers and citing
from the Holy Koran under Section 298C of the Pakistan Penal Code. They were
allegedly also accused under Section 16 of the Maintenance of Public Order
Ordinance and Section 107 of the Criminal Procedure Code for disturbing law
and order despite the peaceful nature of the meeting. Mr. Karamatullah, who
had been subjected to repeated arrests since 1984, was among the 12 persons
against whom cases had been registered. On 30 June 1991, Mr. Karamatullah
reportedly died in a car accident together with nine other persons, allegedly
in suspicious circumstances.
On 9 July 1991, the police, acting on a complaint filed by the local
mullah (Muslim clergyman), Salman Munir, allegedly raided an Ahmadi place of
worship in Sambrial, Sialkot district, and charged the following six JIImadis,
including the president of the local community, under Sections 295A and 298C
E/cN. 4/1993/62
page 83
of the Pakistan Penal Code for having written Kalima on the walls, thereby
hurting the feelings of Muslims: Mr. Syed Hamid-ul-Hassan Shah, Mr. Mahmud
Ahmad, Mr. Malik Inayat-ullah, Mr. Khwaja Muhammad Amin, Mr. Malik Nisan Ahmad
and Mr. Muhammad Yousaf. The men reportedly answered that the inscription had
been painted over by the police in 1986 but that heavy rains had taken off the
whitewash and made it visible.
On 29 August 1991, the body of Mr. Mubasher Ahmad Qadiani was ordered
exhumed and removed from the Muslim cemetery in Bahawalhagar by the District
Magistrate.
On 29 October 1991, Mr. Habibullah, a social security officer from
Shahdara town, Lahore, was accused of blasphemy by an opponent of the Ahmadi
faith, immediately arrested and charged under Section 295C of the Pakistan
Penal Code which carries the death penalty. Mr. Habibullah was reportedly
denied release on bail on 25 March 1992.
On 5 December 1991 and on 30 January 1992, the president of the Ahmadi
community in Dera Ghazi Khan, Mr. Khan Mohammad, and Mr. Rafiq Ahmad Naeem
were arrested and charged under Sections 295A, B and C for translating the
Koran into the Surayeke language. Both reportedly remain in detention.
On 9 January 1992, Mr. Chaudhry Munawar Ahmad, president of the Ahmadi
community in Jaranwala, Faisalabad district, and Mr. Rafiq Ahmad,
vice-president of the community, were arrested and charged with writing the
Kalima Tayyaba (Islamic creed) and calling the Azan (call to prayer) .
On 25 January 1992, Dr. Javaid Akhtar, a medical doctor from Man Allah
Bachaya village, Bahawalpur, was transferred to Rukanpur after two clergymen
had accused him of preaching the JIImadi faith.
Mr. Abdul Latif Momin from the town of Bhakkar and his son, Abdul Qadeer,
were charged under Section 298C of the Pakistan Penal Code on 19 October 1991
for identifying themselves as Muslims on a college admission form. They were
reportedly each fined with 500 rupees. This fine was allegedly increased to
600 rupees when an adversary of theirs appealed the 500 rupee fine. The
verdict was only given in January 1992.
On 9 February 1992, an announcement reportedly appeared in the ‘Jang'
daily newspaper in Lahore inviting applications for admission in a four-year
nursing course for girls at the General Nursing School in Sheikhupura. One of
the conditions for the candidates' applying for the course was that they
should make a written statement that they do not belong to the JIImadi faith.
The local clergymen in village chak 35 North in Sargodha district
reportedly filed a complaint against Mr. Malik Khuda Yar, the president of the
village Ahmadi community, Mr. Malik Muhammad Ashraf, Mr. Malik Abdul Aziz and
Mr. Malik Abdul Ghafoor after reportedly having heard that they intended to
build an JIImadi place of worship. A number of non-JIImadi villagers and the
village headman stated in court that they had no objections regarding such a
building. Although no action had been undertaken to start construction, the
four persons mentioned above were nevertheless each sentenced on 25 February
1992 to two years' imprisonment and a fine of 5,000 rupees.
E/CN. 4/1993/62
page 84
On 9 March 1992, two brothers from Mansehra who belong to the JIImadi
faith, Mr. Taj Muhammad and Mr. Mubarak Ahmad, were reportedly charged under
Sections 298C and 506/34 of the Pakistan Penal Code for stating that they were
Muslims. Mr. Taj Muhammad is said to have been arrested and his release on
bail denied.
On 31 March 1992, a case was reportedly registered under Section 298C
of the Pakistan Penal Code in Kotri, Sind, against Mr. Nasir Ahmad Baluch,
Mr. Mubashir Ahmad Gondal and Mr. Ghulam Ban Saif who were accused of
propagating the Ahmadi faith.
On 3 April 1992, about a dozen persons reportedly raided the house of
Mr. Nasir Ahmad Baluch in Kotri, Sind, and threatened the women and children
residing there. They are reported to have encircled the house until S a.m.
the following morning.
On 3 April 1992, a police squad led by the local magistrate reportedly
raided an Ahmadi place of worship in Kotri, Sind, and arrested all the persons
gathered there, including two young boys, Ferhan and Mehtab. Some of those
arrested were reportedly beaten at the police station. Houses of Abmadis
were reportedly raided subsequently and charges were reportedly brought
against 20 persons under Section 298C of the Pakistan Penal Code. A number of
persons were allegedly also charged under Section 295C which carries the death
penalty. All the imprisoned persons were subsequently also charged by the
police for breach of peace under Sections 107/117 of the Pakistan Penal Code.
On 4 April 1992, Mr. Hafiz Muzaffar Ahmad was arrested in Rabwah for
inviting JIImadis to fast during the month of Ramadan. He was reportedly
charged under Section 298C of the Pakistan Penal Code.
On 23 April 1992, 12 Ahmadis from Basti Rindan village, Dera Ghazi Khan
district, were reportedly charged under Sections 295 and 298C of the Pakistan
Penal Code and Section 16 MPO for offering prayers.
On 16 May 1992, Mr. Nasir Ahmad and 12 other Ahmadis from Nankana were
reportedly charged under Sections 295A and 298C for writing the inscription
‘Bismillah-ir-Rahman-i-Raheem, Nahmaduhu wa Nusalle Ala Rasool-i-hil Karrem'
on a wedding invitation. Mr. Nasir Ahmad and Mr. Babar were reportedly
arrested on this occasion.
On 19 May 1992, charges under Section 16 MPO were reportedly brought in
Jhang against the publisher and printer of the Ahmadi monthly Khalid
publication for the use of Islamic terms in their publication.
On 29 May 1992, similar charges under Section 298C of the Pakistan Penal
Code were brought by the District Magistrate of Jhang against the editors,
publishers and printers of the Ahmadi publications Ansarullah, Khalid, Misbah
and Tasheez-ul-Azhan .
Mr. Muhammad Manzoor, a student of health education from Mirpur Azad
Kashmir reportedly indicated that students had decided to organize a social
boycott against him because he belonged to the Ahmadi faith. He is said to
E/cN. 4/1993/62
page 85
have been told that he was not clean and that he would not be allowed to use
the cutlery at the school cafeteria but had to bring his own if he wished to
eat there.”
49. In an additional communication sent on 27 November 1992 to the Government
of Pakistan, the following information was transmitted by the Special
Rapporteur:
“In pursuance of my letter dated 30 October 1992, I should like to inform
you that I have in the meantime received additional information concerning
Mr. Gul Masih, who was already mentioned in the JIInex to my letter. It has
been reported that Mr. Gul Masih, a Pakistani citizen belonging to the
Christian Faith, who is said to have been arrested on 10 December 1991, is the
first person to be sentenced for blasphemy since the death penalty became
mandatory for this offence under Section 295C of the Pakistan Penal Code. It
has also been reported that the case of blasphemy was filed against Mr. Gul
Masih in Sargoda a few days after he had refused to support a candidate of the
Muslim League in local elections, although it has been alleged that no
blasphemous reference to the Prophet Mohammad had been made.”
Romania
50. In a communication sent on 18 September 1992 addressed to the Government
of Romania, the following information was transmitted by the Special
Rapporteur:
“A number of recent reports have drawn attention to violations of
human rights, especially against the Uniate Church. According to the sources,
the Uniate Church regards itself as the national Church on a par with the
Orthodox Church, in accordance with the 1923 Romanian Constitution. Under
Act No. 358/1948, whose repeal the Uniate Church is calling for, it has been
dispossessed of its property, which includes 1,800 churches, cemeteries,
chapels, parish houses and 4 monasteries that are now in the possession of
the Orthodox Church, as well as S episcopal palaces, 3 religious instruction
institutions, 7 monasteries, 20 secondary schools, 6 hospitals, 4 orphanages,
3 retirement homes, land, libraries, museums and many religious and cultural
objects that are in the hands of the State, all in a total of 2,000 parishes.
The Uniate Church considers that it has been deprived of the right
to a full religious life and the right to freedom of religion because the
1948 expropriation is continuing. Since there are no places of worship,
masses, for which basic equipment is lacking, are celebrated in parks, in
private homes, in squares in front of former Uniate churches and in chapels
located in cemeteries.
It has been alleged that a compaign of intimidation has been unleashed
against members of the Uniate Church by persons who identify with the Orthodox
cause and that priests and their families have been attacked and believers
injured. According to the sources, threats continue to be made everyday, but
the police takes no action on complaints by Uniate believers. Persecution and
acts of violence designed to intimate the population allegedly also took place
before the 1992 census.
E/CN. 4/1993/62
page 86
According to other allegations, Mr. Vasile Belea, a representative of the
Uniate Church in the town of Spermezeu, Department of Bistritza-N s ud,
applied to the local Police Chief, Mr. loan Hrusan, on 20 October 1991, for
permission to reopen a former church belonging to the Uniate community so that
religious services might be celebrated in it once again. In reply to this
request, the Police Chief, who happens to be the brother of the priest of the
Orthodox Church in the same town, allegedly beat Mr. Belea up and threw him
out of the police station.
According to the information received, this is not an isolated incident.
Some persons were allegedly incited by priests of the Orthodox Church to
commit many attacks in the territory of Transylvania, always against members
of the Uniate Church. One of these violent incidents reportedly took place in
the village of Visuia, where Father Zagreanu was requested to celebrate mass
in honour of St. Dimitri on 26 October 1991. He is said to have informed the
local police that he intended to celebrate the mass at the Ariesan family farm
in the same village so that the police would guarantee that the ceremony was
held peacefully. When he was on his way to the farm, 12 persons who were
drunk burst out of the Orthodox Church and beat him violently on the head and
jaw and threw him back and forth until he fell on the ground. They went on
kicking him in the stomach and kidneys. Women on their way to the mass were
allegedly also attacked.
In the village of Marg u, district of Cluj, Father loan Bota was
allegedly attacked in his church when he was celebrating mass on
6 January 1992. He had to leave the church by the door behind the altar
because his attackers were waiting for him in front of the main door.
On 8 January 1992, the police in the village of Filea were allegedly
requested to keep watch on Mrs. Silvia Tartan's home, where
Father Pius Miclaus was celebrating mass. A gang of attackers with shovels
and pitchforks allegedly threatened him until after midnight and the woman
guarding the door of the house was injured when the blade of a knife went
through the door. The mayor of Ciurila, which Filea is part of, went to the
house with the wife of the Orthodox priest and was allegedly threatened and
prevented from taking any action.
The Uniate chapel in Mrs. Eugenia Darjan's house in the village of Iclod
was allegedly desecrated on 12 January 1992 by four persons whom the owner
recognized. Icons were taken, religious books were thrown on the floor and
the table that was used as an altar was desecrated. A complaint was filed
with the local police. The police force did not intervene in any of the
above-mentioned cases.”
Saudi Arabia
51. In a communication sent on 18 September 1992 addressed to the Government
of the Kingdom of Saudi Arabia, the following was transmitted by the Special
Rapporteur:
“According to the information received, members of the Shia Muslim
community in Saudi Arabia are reportedly deprived of the right to express
their religious beliefs in public and are subjected to frequent attacks by
E/cN. 4/1993/62
page 87
religious speakers and writers who are said to call for their boycott and
isolation. It has been alleged that on 2 September 1991, Sheikh Abdulla Bin
Abdul Rahman Al Gibreen, a member of the Committee of Grand Ulama, a
governmental religious institution, had issued a religious ruling (fatwa)
regarding the lawfulness of meat butchered by a Shiite. In his response to
the request for a ruling, Sheikh Al Gibreen reportedly did not limit himself
to the issue of the request but is said to have declared that the Shia are
apostates from Islam ‘for which they deserve to be killed'. Bearing in mind
that the Shia are reportedly not allowed to express their beliefs on any
matter in public, Shia religious scholars would not be allowed to respond to
the aforementioned ruling and fears have been expressed that this ruling may
jeopardize the safety of the members of the Shia Muslim community in Saudi
Arabia.”
52. On 2 October 1992, the Permanent Mission of the Kingdom of Saudi Arabia
to the United Nations Office at Geneva transmitted the following information
to the Special Rapporteur with regard to the above-mentioned allegation:
“1. On page 2, paragraph (1) you state:
‘I should like to bring to your Government's attention allegations I have
received relating to your country.'
One should realize that it is the prerogative of any country to ignore
derogative ‘allegations' emanating from known or unknown sources and
especially those allegations undocumented by substantive ‘information' such as
names, dates, locations, concrete evidence, legally documented face-to-face
interviews and certified testimonies, all of which are lacking in your
above-mentioned communication.
No State Member of the United Nations is immune from such irresponsible
allegations which are better ignored and denied the dignity of an official
reply.
2. Your communication requests our Government to investigate and
report to you the validity of the allegations received by your office. Such
allegations do not merit a reply.
3. More important in our view is that your communication touches the
freedom of religion, a subject which if abused by any such allegations may
constitute an infringement, deliberate or otherwise, on the sacred status of
freedom of religion and the question of ‘religious intolerance' by which your
office is concerned. Our view is that freedom of religion (which is a basic
issue in the Universal Declaration of Human Rights) has double edges:
(a) The freedom of any country to adhere to, protect and preserve its
religion.
(b) The respect and tolerance towards religious minorities of the
country's citizens as long as they respect the constitutional tenets of their
country.
E/CN. 4/1993/62
page 88
4. Isn't your office well aware that 100 per cent of all the citizens
of Saudi Arabia are adherents of the Muslim religion, inlcuding the Shiites?
The ‘allegations' of their mistreatment in Saudi Arabia can only emanate from
political motives to disturb law and order in the country, and thus violate
its freedom of religion. Our Constitution is based on the Holy Koran which
all Muslims, including the Shiites, believe to be the Divine Law governing the
life of the adherent. Our Government, as any other responsible Government,
refuses to engage in any sort of polemics emanating from any source
questioning our religious freedom and using alleged allegations to justify
such an intervention.
S. Finally, is it not evident to all Muslims, who constitute more than
a quarter of this planet's population, that they are confronting a sort of
political and ideological ‘crusade' against Islam and its Governments and
countries? Doesn't this ‘crusade' use and abuse the banner of human rights
and the slogan of religious intolerance?”
53. Although it is not the role of the Special Rapporteur to make accusations
or value judgements, as concerns the reply of the Government of Saudi Arabia
according to which “100 per cent of all the citizens of Saudi Arabia are
adherents of the Muslim religion”, he would like to indicate that such
uniformity does not exist in either political or religious matters. Mankind
has a right to diversity, to the freedom of thought, conscience and belief,
without limits being imposed on anyone, except in cases where restrictions to
their exercise are prescribed. The Special Rapporteur does not wage any
“crusades” but limits himself to fulfilling the letter and spirit of the major
international texts concerning human rights which are universal and should be
respected by all countries, regardless of their political regime and
predominant religion.
Sri Lanka
54. In a communication sent on 18 September 1992 addressed to the Government
of the Democratic Republic of Sri Lanka, the following was transmitted by the
Special Rapporteur:
“According to the information received, the Sri Durga Devi Temple in
Tellippalai was subjected to an air attack on 31 May 1992. It has been
alleged that bomber aircraft carried out four bombing attacks, that a grenade
was thrown from a helicopter and that a barrel bomb was thrown from an Avro
airplane. It has been reported that the bombing took place despite visibly
displayed flags denoting a religious building. Six persons are reported to
have died on this occasion, 25 were badly injured while approximately 100
persons are said to have suffered minor injuries. The temple reportedly also
runs a Children's Home, houses a number of elderly persons and has been
providing accommodation for 116 refugee families that have been displaced
since June 1990. In addition, persons displaced in security operations on 30
and 31 May 1992 had also taken refuge in the temple, amounting to a 2,500
total number of persons present at the time of the incident. Damage was
allegedly caused to the Vasantha and Thirumurai Mandapam as well as to the
residences of the Chief Priest and temple staff.
E/cN. 4/1993/62
page 89
According to additional information received, the pilgrims and
worshippers who had gathered at the Vattapalai Amman Temple in Mullaitevu to
celebrate the annual pongal festival were subjected to an artillery attack on
21 May 1992.”
Sudan
55. In a communication sent on 1 November 1991 (E/cN.4/1992/52, para. 66),
addressed to the Government of Sudan, the following information was
transmitted by the Special Rapporteur:
“According to the information received, article 126 of the new Criminal
Code of Sudan which was published in the official gazette on 20 February 1991
stipulates that apostasy from Islam is a crime entailing the death sentence.
It stipulates, inter alia , that ‘Any person who committed the offence of
apostasy shall be given a respite, the duration of which should be determined
by the court. If that person insists on apostasy after that respite, though
not newly Muslim, that person shall be punished by death.' It indicates, in
addition, ‘if that person withdraws his apostasy before execution, then that
execution should not be implemented' .“
56. On 24 January 1992 the Government of the Sudan transmitted the following
information to the Special Rapporteur with regard to the above-mentioned
allegations:
“On apostasy ( ridda ) :
A good number of questions were raised concerning the crime of apostasy.
We suppose that apostasy as such does raise a number of issues. Let us at the
start quote the relevant legal provisions. Section 126 of the Sudan Criminal
Act 1991 provides:
1. There shall be deemed to commit the offence of apostasy every
Muslim who propagates for the renunciation of the Creed of Islam or publicly
declares his renunciation thereof by an express statement or conclusive act.
2. Whoever commits apostasy shall be given a chance to repent during a
period to be determined by the court, where he insists upon apostasy, and not
being a recent convert to Islam, shall be punished with death.
3. The penalty provided for apostasy shall be remitted whenever the
postate recants apostasy before execution.
Comments:
Penalties in Islamic law should not be looked at in the religion of
Islam. It would not be appropriate here to engage in a debate on Comparative
Religious Doctrines. But it needs to be recalled that Islam is regarded by
Muslims not as a mere religion but as a complete system of life. Its rules
are prescribed not only to govern the individual's conduct but also to shape
the basic laws and public order in the Muslim State. Accordingly, apostasy
from Islam is classified as a crime for which ta'zir punishment may be applied
( ta'zir is a ‘disciplinary, reformative and deterrent punishment').
E/CN. 4/1993/62
page 90
For Muslims, Islam provides a total system of life, starting even before
birth extending throughout every moment of life. Matters such as infant-
feeding, child-rearing, abortion, marriage and divorce, legacy and
inheritance, bargains and contracts, war and peace, international relations,
the treatment of minorities and all other aspects of life are governed in one
way or another by legal rules in the sources of Islamic law. Furthermore,
Muslims consider all these aspects as having the same importance as, let us
say, ritual prayer and fasting. Hence, any problem which arises should be
treated and solved in the way recommended by, or at least in harmony with, the
related rules of Islam. “
Accordingly, all aspects of Islamic law should be taken and accepted as a
unit, one total and indivisible system. Hence, apostasy from Islam is
classified as a crime for which ta'zir punishment may be applied. The
punishment is inflicted in cases in which the apostasy is a cause of harm to
the society, while in those cases in which an individual simply changes his
religion the punishment is not to be applied. But it must be remembered that
unthreatening apostasy is an exceptional case, and the common thing is that
apostasy is accompanied by some harmful actions against the society or State.
A comparison between the concept of punishing those who commit apostasy in
Islamic law would be proper as well as useful. Assuredly, the protection of
society is the underlying principle in the punishment for apostasy in the
legal system of Islam.
57. In a communication sent on 12 November 1992 addressed to the Government
of Sudan, the following information was transmitted by the Special Rapporteur:
“According to the information received, members of Christian religious
and animist believers of Sudan who account for approximately one third of the
country's population, have been subjected to discrimination, harassment and
persecution which is said to have intensified in June 1990. Their situation
has reportedly deteriorated steadily in 1991, particularly in the south of
Sudan. Non-Muslim southerners reportedly find themselves in a similar
situation in the north of the country and it has been alleged that they are
made to know that their lives would improve if they were to become Muslims.
It has also been alleged that Islamic law has been enforced on non-Muslims
since 1983.
Numerous Christians were reportedly evicted by Muslim landlords from
their homes in Khartoum. Christians are reportedly given jobs which require
them to work on religious holidays and Sundays and the permission to attend
Sunday church services which used to be issued to Christians has been
abolished. Senior and middle-ranking non-Muslim personnel in the civil
service and administration are said to have progressively been removed from
their positions in recent years in the south of the country. Non-Muslims are
reportedly not considered for promotions and their forced retirement has
become widespread. Questions on Islam are reportedly asked during interviews
of all applicants for jobs with the Government.
It has been reported that no new Catholic churches have been built or
repaired in Khartoum since 1969 and that a presidential permission, which is
systematically denied, is required for any construction and restoration of
churches. The situation has been compounded by the alleged renewed
E/cN. 4/1993/62
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enforcement of the 1962 Foreign Missionary Society Act which prohibits the
building of churches, church facilities and schools and imposes severe
restrictions on the organization of Christian religious activities. The
interpretation allegedly being given to this Act makes all churches ‘foreign
organizations' . Numerous churches are said to have been closed as a result of
its enforcement. Persons holding religious services in private homes after
the closure of churches allegedly risk imprisonment. Christmas and Easter
processions, the ringing of church bells and the carrying of crosses and
Christian banners have reportedly been prohibited.
More than 30 Roman Catholic centres are said to have been closed since
1989. In 1989, the Governor and Municipal Council of Kordofan reportedly
ordered the closure and subsequent destruction of the village church in Rokaab
for lack of a special authorization ( tasdig ) . Several Coptic churches have
allegedly been closed or burned recently. The Catholic parish church in
El Nahud was reportedly closed on 24 May 1992 by the State security forces for
lack of original documents granting permission for the church to operate.
Christian religious personnel and institutions are also said to have been
subjected to increasing pressure, harassment and intimidation. The freedom of
movement of Christian clergy within the country has been restricted. In 1991,
a three-member council composed of persons from the Ministry of Information,
Ministry of Security and the Ministry of Religious Affairs was reportedly
created in order to oversee the issuance of visas for exit from and entry into
Sudan. It has been alleged that since the creation of this council, the
number of visas issued to Christian clergy has decreased. This is said to
have been the case particularly with regard to requests made by members of the
clergy to attend international religious conferences. Visas were either not
delivered or were issued too late, thus preventing them from travelling.
Numerous Christian clergymen have allegedly been detained, interrogated
and on occasion beaten by members of both the national and military security
forces. In 1983, a Catholic priest is said to have been arrested, beaten
severely and flogged in public because he was carrying wine for communion.
Pastor Mattaboush who was arrested in 1986 and sentenced in 1987 to 30 years
of imprisonment by a military court is said to have been transferred to
detention in solitary confinement for preaching in prison. It has also been
alleged that non-Muslim prisoners have been pressured to convert to Islam with
the promise of release and financial remuneration in a number of prisons. Mr.
George Yustus, a pilot who belonged to the Coptic Christian faith was
sentenced to death on 24 December 1989 and reportedly asked to convert to
Islam if he wanted to save his life. Mr. Yustus was executed on 5 February
1990 after having refused to recant his faith.
The Government is recently said to have expelled the last 12 Catholic
missionaries from the city of Juba and missionaries were also allegedly
expelled from South Kordof an. A Catholic priest and three members of his
staff were reportedly imprisoned in Dongola, in northern Sudan. The preaching
of Christianity has allegedly been stopped, the parish priest expelled and
church property confiscated in the town of Damazin. The church in Al-Dien
village has been burned. It has been alleged that missionaries working in El
Obeid, Juba and Torit have been subjected increasingly to harassment and
E/CN. 4/1993/62
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persecution. It has also been reported that the authorities in El Obeid have
dissuaded Christians from gathering for prayer. Church centres were
reportedly destroyed in El Obeid and Khartoum.
On 16 September 1990, a Muslim fundamentalist group is said to have set
fire to a bus carrying 35 Christian children from the church of St. George in
Omdourman. Fourteen children died in the incident. It has also been alleged
that a Muslim policeman who came to the children's rescue was subsequently
arrested and sentenced to a 15-day prison term for rescuing Christians.
Christian women are reportedly forced to wear the veil ( hejab ) in public
and are not allowed to leave Sudan unless they are accompanied by a male
relative ( mouhram ) . In addition, it has been alleged that Christians are not
allowed to appear as witnesses in court. It has also been reported that
Christians have been subjected to economic sanctions because of their faith.
Christians are said to have been dismissed from banks where they allegedly
used to constitute the majority of personnel. They are also said to have
repeatedly been denied trading, import and export, manufacturing and
construction licences which have forced many to emigrate. The Coptic
Christian community to which a large number of traders belongs is said to have
suffered particularly from such measures. Members of this community have also
been dismissed from governmental posts and it has been reported that a number
of Coptic Christians have recently also been dismissed from the judiciary.
As concerns the freedom of education, the Special Rapporteur was informed
that in Juba, Equatoria, Islam is taught as a compulsory subject starting at
the level of nursery school, which is reported to be a prerequisite for entry
into primary school. Non-Muslim children in the towns of Juba, Malakal, Raja,
Renk and Wau are allegedly also required to learn Arabic and study Islam.
Non-Muslim students have reportedly been harassed in public schools and often
graded unfairly. It has also been alleged that security forces from the north
have at times brought non-Muslim children to Islamic religious schools
( khalwas ) against the wishes of their parents. There have also been
occasional reports that pregnant women were offered money and food if they
registered their newborn children as Muslims. Parents are said to have been
offered money to send their children to khalwas. Khalwas also reportedly
provide food and other forms of aid they receive from Muslim non-governmental
organizations to students while restrictions imposed on Christian
organizations prevent Christian schools from providing similar assistance to
their own students. Muslim non-governmental organizations such as the ‘ad-
Da'wa al-Islamiyya' and ‘IARA' which also run Islamic schools allegedly only
distribute food to the students of their schools, to persons who have
converted to Islam or are registered as Muslims.
According to the information received, Christian teachers are not allowed
to teach Muslim students. Christian students are required to study the Koran
and Islam while the study of Christianity is said to have been removed from
the educational curriculum. Non-Muslim students are not eligible to follow
secondary and university education without possessing a knowledge of Islam. A
governmental decree issued on 20 October 1990 reportedly stipulates that no
one may accede to higher education without having undertaken mandatory studies
of the Islamic religion.
E/cN. 4/1993/62
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The Special Rapporteur's attention has also been drawn to the
particularly preoccupying situation of Christian refugees and displaced
persons. It has been alleged that Christians and animists who find themselves
in camps for displaced persons are subjected to constant pressure to convert
to Islam, in exchange for food. In view of the fact that tribes like the
Dinka, Nuer and Shilluk from the Upper Nile region and the followers of
traditional religions from Equatoria have strong cultural and tribal customs
and structures, it has been reported that tribal chiefs who managed to
persuade their subjects to convert to the Muslim faith received large
quantities of food while each convert to Islam allegedly received 5,000
Sudanese pounds. It has also been alleged that the fingerprints of persons
who adopt a Muslim name are taken in order to facilitate control of the
distribution of food rations. In addition, it has been reported that some
Muslim non-governmental organizations distribute food aid to refugees who are
victims of famine only if they are Muslims or if they convert to Islam. “
58. On 3 December 1992, the Permanent Mission of the Republic of the Sudan to
the United Nations Office at Geneva transmitted the following information to
the Special Rapporteur with regard to the above-mentioned allegation:
“Based on the last paragraph of the Special Rapporteur's letter which
expresses readiness for consultations with the Government of the Sudan,
H.E. the Minister of Justice and Attorney-General of the Republic of the Sudan
is officially extending an invitation to the Special Rapporteur on religious
intolerance to visit Sudan any time he wishes to study the situation directly
and to acquaint himself with the true facts in Sudan. The independent expert
is thus requested to indicate the suitable time for his visit to this mission
in order to facilitate the necessary arrangements.
The Special Rapporteur is kindly requested to extend the deadline of
10 December 1992 to receive the comments of the Sudan Government, as time
allowed for such comments is very short. A comprehensive report on
allegations of religious intolerance which were attached to the Rapporteur's
note is being prepared by the Government of Sudan and will be forwarded to the
Centre as soon as received.”
59. On 5 December 1992, the Permanent Mission of the Republic of the Sudan to
the United Nations Office at Geneva transmitted the following comprehensive
reply to the Special Rapporteur with regard to the above-mentioned allegation:
“With reference to the letter of the United Nations Office at Geneva
dated 12 November 1992, the Government of the Sudan welcomes the Special
Rapporteur of the Commission on Human Rights on Religious Intolerance to the
Sudan to see for himself the falsety of the allegations which he has received.
The cooperation of the Government of the Sudan with the Special Rapporteur
would not be limited to welcoming him to the Sudan, but would extend to
providing him with all information required that is because we are firmly
confident that nowhere on earth would there be more religious tolerance than
what is found in the Sudan.
With regard to the allegations made against the Government of the Sudan
and received by the Special Rapporteur, we would like to make the following
comments:
E/CN. 4/1993/62
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1. Enforcement of Islamic Law on non-Muslims
Section 5(3) of the Sudan Penal Code 1991 provides as follows “Sections
78(1), 79, 85, 126, 139(1), 146(1), 146(2), 146(3), 157, 168(1) and 171 shall
not apply to the Southern States unless the legislative body concerned decides
otherwise or unless the accused person requests so.
Those Sections enumerated above include the punishments as provided for
in Islamic Law and for that reason they were not made to apply to the three
Southern States in the Sudan where a tangible number of the citizens are
Christians. So, to say the least about the allegation, it is not true. Not
only that but even in North Sudan some of the Islamic Law punishments provided
for in the Penal Code apply only to Muslims, Section 78(1) of the Penal Code
provides as follows: ‘Any person who drinks, possesses or manufactures
alcohol shall be flogged forty lashes if he is a Muslim' . See annex 1 for the
texts of the sections.
2. Christians evicted by Muslim landlords in Kharthoum
Eviction in Sudan is governed by very strict Laws. The first one of
those Laws is the Rent Restriction Ordinance 1953 and the latest one is the
Renting of Premises Act, 1991 (64/91) which is currently in force. We attach
a copy of each Law (see annex 2) to prove that there is no difference between
the 1991 Law and 1953 Law which was made when Sudan was a British Colony. No
specific case was mentioned so we are responding generally by providing you
with the Laws which show that there is no discrimination against the
Christians in cases of eviction.
3. Denial of permission to attend Sunday church Services
The Law in Sudan is that Christians enjoy Friday, being the weekly
holiday for Muslims. In addition to that they are allowed, by law, to attend
Sunday church Services. Come to the government offices on a Sunday morning
and you would find not one single Christian in his office. Like the others,
the allegation is not true.
4. Non-Muslims not promoted
To respond to this unfounded allegation we refer to the promotions which
took place recently on 23 November 1992 for Government first legal advisers.
Fifty-three legal advisers were competing for the 20 posts available. Three
Christians were among the competitors; two of them were actually promoted. A
copy of the Presidential Decree 449/1992 dated 23 November 1992 is attached,
see annex 3 .
Not only this but also Non-Muslims are now holding very senior posts in
the service of the Government as of today. To cite few examples the Advocate
General of the Government of the Sudan is a Christian (H.E. Mr. Edward Ryiad) .
Also the Deputy Solicitor General for Legislations is Christian
(H.E. Mr. Joseph Suleiman) .
E/cN. 4/1993/62
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5. Exit from and entry into Sudan
The Resolution of the Council of Ministers No. 1013 dated 18 October 1992
reaffirms free entry into Sudan and free movement therein see annex 4 for the
text of the Resolution.
6. Christian displaced persons
The independent expert apointed pursuant to the Confidential decision
adopted without a vote at the Commission's 32nd (closed) meeting on
18 February 1992, Mr. Gasbar Biro, has visited Sudan during the period
21-27 November 1992 and has visited the places of displaced persons in Sudan.
We believe that his report would reflect that the Government of Sudan is
providing all the services needed and that displacement was caused by
desertification, armed attacks of rebels or town planning. It is worth
mentioning that in the case of town planning, the Government has provided the
displaced with more spacious places and better services. The Government is
really improving their lives rather than forcing them to leave their homes as
alleged.
7. Christian refugees
During the same period when Mr. Gasbar Biro visited Sudan also a Special
Envoy of the Secretary-General of the United Nations, Dr. Francis Deng, also
visited the Sudan to investigate the allegations about the refugees in the
Sudan. To say the least, he was astonished to find that their situation in
the Sudan has no match to the extent that he went public on the mass media to
express his views. We need not repeat here that the allegations are
groundless and refer you to his report to judge for yourself.
8. Freedom of education
Islam is not a prerequisite for entry into primary school as alleged.
The allegation is not true but we do not really know how to convince you it is
not true. The only way to refute such unfounded allegations and the
allegation that non-Muslim children in the towns of Juba, Malakal, Raja, Renk
and Wau were required to learn Arabic and study Islam, and other unfounded
allegations, is to welcome you to the Sudan to see for yourself that there is
no such prerequisite.
9. Obstruction of Churches
Many false allegations were made in this regard that no new Catholic
churches have been built or repaired in Khartoum since 1969, that numerous
churches have been closed, that persons holding religious services risk
imprisonment, that carrying of cross or ringing church bells is prohibited,
that numerous Christian clergymen have been detained, that non-Muslim
prisoners have been pressured to convert to Islam, that 12 Catholic
missionaries have been expelled from Juba, etc. The series of the false
allegations go on and on to an unbelievable extent.
To refute such allegations the Peace and Development Foundation in
Khartoum which is a government entity is organizing an international
E/CN. 4/1993/62
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Conference in April 1993 (see annex 5) . The Chairman of the Preparatory
Committee for the Conference is Fr. Fib Thaus Fargj . Among the members of
the Committee is the Secretary General of the Sudan Council of Churches, the
Secretary General of the Catholic Archbishops Conference and Fr. Zikri Rizig
Jaid. Actually everybody is welcome to attend the conference and discuss the
allegations with the Christians themselves.”
60. The annexes mentioned above are available and may be consulted at the
Secretariat of the Centre for Human Rights. The Government of Sudan has also
expressed its readiness to provide any additional documents and information
that may be required.
Switzerland
61. In a communication sent on 31 October 1991 (E/cN.4/1992/52, para. 67)
addressed to the Government of Switzerland, the following information was
transmitted by the Special Rapporteur:
“According to information received, Mr. Frederic Maillard, commercial
director of an advertising firm in Fribourg, aged 25, was sent to Fribourg
Central Prison on 3 September 1990 because of his decision to refuse on
religious grounds to continue doing military service, having been a convinced
Christian since the age of 16.
When he was summoned to register for military service for the first time,
Mr. Maillard, citing his religious beliefs, submitted a request to the
military authorities to do his service in a non-armed unit, a request which
was granted. He did his four months' service at a training camp in 1985. The
compulsory refresher course scheduled for 1986 was postponed. Mr. Maillard
failed to appear for the inspection of weapons and equipment in 1987 and 1988.
On 4 April 1988, Mr. Maillard wrote to the military authorities,
informing them of his decision to refuse to serve for conscientious reasons
and did not report for the refresher course beginning on 18 April 1988. On
28 August 1989 he explained to the military tribunal of Division 1 at Payerne
that his decision arose from his profound religious beliefs, which involved
condemnation of any use of violence, making further performance of his
military obligations impossible.
According to the sources, the military tribunal is said to have
recognized that Mr. Maillard's refusal to serve was based on sincere religious
belief and that he was involved in a serious conflict of conscience.
Nevertheless, the court sentenced him to three months' imprisonment to be
served as a criminal judgement, to the costs of the case, and to dismissal
from the army. “
62. On 27 January 1992, the Permanent Mission of Switzerland to the
United Nations Office at Geneva sent the Special Rapporteur the following
reply relating to the above-mentioned allegation:
“1. The de facto and de lure information relating to the
above-mentioned case contained in the annex to the note of the Special
Rapporteur is generally accurate.
E/cN. 4/1993/62
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On the basis of his religious beliefs, Mr. Maillard refused to serve in
the army and was sentenced by a military court on 28 August 1989 to a penalty
of three months' light imprisonment. This sentence was in keeping with the
legislation in force at the time of the judgement and compatible with freedom
of conscience and belief, whose inviolability is guaranteed by article 49 of
the Federal Constitution, paragraph 5 of which provides that no one may be
exempted on religious grounds from doing his civic duty. However, the
obligation to serve in the army is just such a duty, since, according to
article 18 of the Federal Constitution, “Every Swiss shall be bound to perform
military service” . It follows that the duty to serve does not create
discrimination, since it applies to all Swiss citizens, regardless of their
religious beliefs. Mr. Maillard was thus sentenced for having refused to do
his civic duty - admittedly on religious grounds, but not on account of his
religious beliefs themselves.
2. The legislation on which the August 1989 judgement was based was
amended as a result of the popular vote of 2 June 1991 in which conscientious
objection was decriminalized following the adoption of a new article 81 of the
Military Penal Code which entered into force on 15 July 1991: anyone who, on
the grounds of fundamental ethical values, makes a convincing case for not
being able to reconcile military service and the dictates of his conscience
is, of course, recognized guilty, but the court replaces the prison term by an
obligation to do work in the general interest. The duration of this
obligation is one and one half times longer than the total length of military
service refused, but may not last more than two years. In addition, proof of
the existence of a serious conflict of conscience is no longer required and
the term “fundamental ethical values” also covers religious beliefs. The
sentence no longer appears on the person's police record.
3. Despite this recent change in the relevant Swiss legislation, the
discussion of the possible introduction of non-military service is still going
on. Following the June 1991 vote, the Government itself interpreted the
amendment to the Military Penal Code as a kind of intermediate step in the
solution to the problem of conscientious objection to military service.
A parliamentary initiative, which is the result of the first initiative
of this kind (withdrawn in the meantime) and two initiatives in the cantons of
Geneva and the Jura, was adopted by the Federal Assembly on 13 December 1991
and will shortly be submitted to the Federal Government for approval. The
text proposes an amendment to article 18, paragraph 1, of the Federal
Constitution: “Every Swiss shall be bound to perform military service. The
law shall provide for the organization of non-military service” .
It is still too early to tell what will happen to this parliamentary
bill. If the Federal Government's decision is favourable, it will be voted on
by the Swiss people and cantons and then become an act which will also be
submitted to an optional referendum. In the past, however, the Swiss people
has voted twice against non-military service.”
E/CN. 4/1993/62
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Syrian Arab Republic
63. In a communication sent on 8 November 1991 (E/cN.4/1992/52, para. 68),
addressed to the Government of the Syrian Arab Republic, the following
information was transmitted by the Special Rapporteur:
“According to the information received, members of the Syrian Jewish
community residing in Aleppo, Damascus and Kamishli, suffer discrimination
because of their religion. It has been alleged that members of the Jewish
community are not allowed to emigrate from Syria and are permitted to travel
abroad only for short periods in order to visit relatives or undergo medical
treatment. It has also been alleged that the persons who wish to travel are
obliged to deposit large sums of money and are not allowed to travel with
their entire family. This emigration policy has reportedly been conducive to
attempts to escape and it has been alleged that the persons who have been
caught were imprisoned without charge or trial and were subjected to torture
and ill-treatment.
It has been reported that a special branch of the secret police has the
exclusive task of monitoring the activities of the Jewish community. Identity
cards of the members of the Jewish community are said to be marked in blue and
contain the word Mousawi (Jew) while no such indications exist on the identity
cards of members of the Syrian Muslim and Christian communities.
According to the sources, members of the Jewish community do not have the
right to vote and cannot be candidates in any election. They are also said to
be barred from employment by the Government. Their right to inherit or
dispose of personal and real estate property is allegedly severely restricted.
In addition, the mail they receive from abroad is said to be censored and
their telephone calls monitored.
The Special Rapporteur has already referred to the problem of emigration
of members of the Syrian Jewish community in his report to the Commission on
Human Rights at its forty-sixth session (E/CN.4/1990/46) .“
64. On 3 January 1992, the Permanent Mission of the Syrian Arab Republic to
the United Nations Office at Geneva transmitted the following information to
the Centre for Human Rights with regard to the above-mentioned allegation:
“Information regarding Syrian citizens of the Jewish faith
1. For hundreds of years, Syrian citizens of the Jewish faith have
coexisted in peace and harmony in the Syrian Arab society in which they were
born. Throughout history, none of them has been subjected to any
discrimination or persecution, and they have shared in all aspects of life in
the country. In recent decades, however, they have been pressured and coerced
by external forces to leave their homeland. In response, and in order to
eliminate the residual effects of that campaign, the President of the Republic
issued directives in 1976 aimed at boosting their economic and social
situation. As a result, they became more resolutely attached to their
homeland, expanded their properties and businesses, and virtually abandoned
any idea of emigrating abroad.
E/cN. 4/1993/62
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2. The life of Syrian citizens of the Jewish faith is organized in
accordance with the Constitution, without discrimination and on an equal
footing with all other citizens. Some articles of the Constitution are quoted
below:
Article 15 - (1) Property may be expropriated only in the public interest
in return for fair compensation in accordance with the law.
Article 25 - (1) Freedom is a sacred right. The State shall guarantee
the personal freedom of citizens and shall safeguard their dignity and
security.
Article 26 - Every citizen has the right to participate in political,
economic, social and cultural life as prescribed by law.
Article 33 - (2) Every citizen has the right to freedom of movement in
the territory of the State.
Article 35 - (1) Freedom of belief is inviolable and the State respects
all religions.
(2) The State guarantees the freedom to engage in all religious practices
provided that such is not prejudicial to public order.
Article 37 - Education is a right guaranteed by the State and is free at
all levels and compulsory at the primary level.
Article 44 - (1) The family is the basic unit of society and is protected
by the State.
(2) The State protects and encourages marriage.
3. There are currently 3,655 individuals of the Jewish faith
comprising 584 families distributed throughout the various Syrian
governorates. The vast majority, however, live in the governorates of
Damascus and Aleppo, these being two main trade centres, followed by the town
of Qamishli. The majority are engaged in trade (textiles, ready-made
clothing, yarn, oriental gifts, jewellery) . Others practise crafts
(goldsmithery, copperwork and copper engraving) , while a considerable number
hold academic qualifications and university degrees (doctors, engineers,
pharmacists, lawyers) .
4. At Damascus, there are 22 synagogues, all of which are located in
the Jewish quarter, apart from the Jubar Synagogue, which is located in the
town of Jubar, near Damascus. There are also two private Jewish schools: the
Ittihad al-Ahli School comprising kindergarten and primary sections, and the
Ibn Maimun School comprising kindergarten, primary and preparatory sections.
The Ittihad al-JIIli School has 208 pupils (194 girls and 14 boys) at the
kindergarten and primary levels, while the Ibn Maimun School has 473 pupils
(72 girls and 401 boys) at the kindergarten, primary and preparatory levels.
Sixty-six secondary-level pupils (43 girls and 23 boys) are enrolled in
State schools.
E/CN. 4/1993/62
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S. Twenty-six university students from Damascus are pursuing their
higher education at Syrian universities as follows:
Medicine: Ten students at the Universities of Damascus, Aleppo and
Tishrin.
Dentistry: One student at the Baath University at Homs.
Pharmacology: Five students at the University of Damascus.
Faculty of Law: Five students.
Faculty of Commerce: Four students.
Faculty of Education: One student.
French literature: Six students at intermediate colleges.
Engineering (architectural and mechanical) : Four students at the
University of Damascus.
There are also a number of students following undergraduate or postgraduate
studies in medicine and other subjects in various countries (United States,
Canada, Britain) .
6. Some 77 students have graduated from university in various
specialist fields, primarily medicine. All practise their specializations,
apart from seven who work in business for financial reasons.
7. A number are working in the private sector. The main sectors
concerned and the number of related commercial shops in Damascus are as
follows:
Textiles and ready-made clothing: 122 shops
Tailoring: 100 shops
Oriental gifts and copper engravings: 23 shops
Gold and jewellery: 21 shops
Meat: 11 shops.
A small number are also engaged in other sectors such as the grocery business,
upholstery, crystal, wool and shoes.
8. At Aleppo, there are two synagogues, the first situated in the
Jamiliyah district, and the second in the district of Bandara al-Islam/Qula.
There is one school for members of the Jewish faith, namely the Samaw'al
private school, which has 171 pupils (99 boys and 72 girls) at the
kindergarten, primary and preparatory levels. There are 11 teachers of the
Jewish faith on the school staff. Six secondary-level students (four boys and
two girls) study at the private Scientific Institute at Aleppo.
E/cN. 4/1993/62
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9. There are eight university students in all (four men and four
women) specializing variously in economics, agriculture, English literature,
medicine and secretarial skills. One student is pursuing higher studies in
medicine in the United States. There are 12 university graduates in various
specialist fields, half of whom are practising their specializations, with the
remainder employed in commerce.
10. At Aleppo, the numbers from the Jewish faith working in the private
sector are as follows:
Gold trade: 70 persons
Textile trade: 12 persons
Printing and dyeing: 8 persons
Wool trade: 2 persons.
Some are employed in other miscellaneous areas of work requiring only
one person, such as the sale of stationery, groceries, haberdashery items,
confectionery or poultry, commercial agency work, commercial accountancy,
car dealership and dealing in second-hand equipment.
11. At Qamishli, there are no special schools for members of the faith
in view of their small numbers. Instead, the 27 children (10 boys and
17 girls) at the primary, preparatory and secondary levels are educated in
State schools. There are two university students; one studying mechanical
engineering at Aleppo and the other studying medicine in the United States.
12. The members of the faith are engaged in the following private
sector areas:
Textile: 13 shops
Upholstery: 1 shop
Hairdressing: S shops
Goldsmithery: 2 shops.
13. During the academic year 1990/91, the following nine members of the
Jewish faith graduated from the country's universities:
Dawud Amin Misha Tishrin University, Latakia Medicine
Shahada Haim Haswah “ “ “
Joseph Khudr Darziyah University of Damascus “
Kamil Jamil Yitsha University of Aleppo “
E/CN. 4/1993/62
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Victor Eli Khaskah University of Damascus Physics
Joseph Nun al-Kad' “ “ Mechanical engineering
Arlette Moise Sa'adya “ “ Pharmacology
Laila Yusuf Futaiha “ “ “
Rosette Eli Maisur “ “ Medicine
14. The incidence of marriage and the percentage of married couples
among the members of the Jewish faith living in the Syrian Arab Republic
varies in the three towns of Damascus, Aleppo and Qamishli in view of the
differing sizes of their respective populations. Over the last 10 years
(1981-1991) , there have been 229 marriages at Damascus, 55 at Aleppo and 6 at
Qamishli. The members of the Jewish faith have their own religious court
which supervises marriage, divorce and other such matters in accordance with
the precepts of the Jewish religion. The court is presided over by
Ibrahim Hamra, the Chief Rabbi.
15. The Syrian Arab Republic has preserved the Jewish cemeteries, not
only at Damascus but also in the other governorates inhabited by Jews. The
cemeteries have also received particular attention in so far as many roads
have been diverted around them for this purpose, which has not been the case
with other cemeteries and places belonging to other faiths.
16. The members of the Jewish faith annually celebrate a number of
different religious festivals. They perform their religious rites in complete
freedom and have Saturday as their weekly holiday. Details of their festivals
are as follows:
Feast of Dedication 25 December 8 days
New Year for Trees 15 February
Feast of Lots 14-15 March
Passover 15-22 April
Revelation of the Torah (Pentecost) 6-7 June
Commemoration of the Destruction of the First and Second Temples 9 August
Jewish New Year 1-2 October
Day of Atonement 10 October
Feast of Tabernacles 15-22 October
Rejoicing of the Law 23 October
Feast of Supplications and Prayers September and early October.
E/cN. 4/1993/62
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17. Both men and women of the faith travel abroad. Between 1981 and
1990, approximately 45 per cent of their total number were granted passports.
During 1990 and 1991, about 129 passports were issued, 61 to males and 68 to
females.
18. Only two members of the faith are currently held in prison, having
received a six and a half year judicial sentence effective from their date of
detention.
19. Syrian citizens may live wherever they wish, without restriction.
The members of the Jewish faith have continued to live in the Jewish quarter
at Damascus, where they feel they can easily practise their religious rites,
where they have their own schools and where they can buy meat slaughtered
according to Judaic law. A number live outside the Jewish quarter, such as:
- David Albert Hanunu, who lives in the Qisa' district, on the
first floor of the Katib Building, in a privately owned home
situated on plot no. 385/5;
- Shama'a Khudr Lawz, who lives in the Qisa' district, on the
third floor of the Ghattas and Khouri Building, in a privately
owned home situated on plot no. 61/6;
- Fu'ad Yusuf Sa'adya, who lives in the Bab Tuma district, (behind
the Family Club) in the Muhaish Building situated on plot no. 236;
- Faraj Ahu Liyab Khalifa, who lives in the Bab Tuma district
(French Hospital area), in the Badin Building, in a privately owned
home situated on plot no. 335.
20. Syrian citizens of the Jewish faith enjoy their political rights
and participate in elections to the presidency of the Republic, the People's
Assembly, provincial councils and trade unions. They exercise these rights
continuously and without restriction. On 2 January 1991, and with as much
enthusiasm as other Syrian citizens, the members of the Jewish faith took part
in the referendum on a new constitutional term of office for the President of
the Republic. Three days prior to the referendum, they marched in their
thousands to express their loyalty and support for the nomination of
President Hafez al-Assad for a new constitutional term. Headed by
Ibrahim Hamra, Chief Rabbi and leader of the Jewish community, and members of
the Jewish Council, they marched through the main streets of Damascus carrying
banners of support written in Arabic, English and Hebrew. During the march,
the Chief Rabbi made a statement in which he said:
‘President Hafez al-Assad is the symbol of national unity, and the
Jews of Syria have benefited from the many achievements made during
the era of President al-Assad. The Syrian Jews will say yes to
President al-Assad on the day of the referendum, as he has given us a lot
and we can never do enough for him. ‘
21. The British Broadcasting Corporation, Reuters and the French Press
Agency were among the media which carried reports of the march. Once the
results of the referendum had been announced, a delegation of prominent
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Syrian-American Jews visited the embassy of the Syrian Arab Republic in
Washington, on 4 December 1991, to convey congratulations from the
Syrian-American Jews in Brooklyn, New York, on the election of
President Hafez al-Assad for a new constitutional term. The delegation of
Syrian-American Jews denounced the demonstrations recently staged by some Jews
outside Syrian embassies in a number of European countries, and made clear its
lack of support for such demonstrations, which served only to further Israel's
political goals.
22. On the twenty-first anniversary of the Corrective Movement, which
was led by President Hafez al-Assad in 1970 and is annually celebrated on
16 November, the President received a telegram of congratulations from
Ibrahim Hamra, the Chief Rabbi, on behalf of the Religious Council of the
Jewish community in Damascus, commending the wisdom and leadership of the
President and the generous manner in which the Corrective Movement had treated
all sects and religions. The President also received similar letters of
congratulation from the Religious Council of the Jewish communities in both
Aleppo and Qamishli.
23. In addition to the foregoing, we would also like to point out the
following:
(a) In Syria, there is no so-called Jewish problem or Jewish question,
despite all the politically-motivated campaigns in this regard.
(b) In Syria, there is no discrimination or distinction in treatment
between citizens on the basis of religion or belief. The law applies to all
citizens alike, irrespective of their denomination or creed.
(c) Syrian citizens of the Jewish faith are Syrians first and last, and
the Syrian Arab Republic will not promulgate legislation granting them special
privileges that are not enjoyed by other Syrian citizens.
(d) The Syrian authorities are always eager to ensure that citizens do
not leave the country to emigrate abroad. Restrictions and specific
procedures are imposed on all Syrian citizens who wish to travel abroad,
regardless of their religious or confessional beliefs. There are no
restrictions on the freedom of movement of Syrian citizens of the Jewish faith
or on Jewish girls travelling abroad in order to marry, even though the
percentage of males is higher than that of females.
(e) Syrian citizens of the Jewish faith enjoy a manifestly high
standard of living, and they are all provided with ample opportunities for
employment and economic activity.
(f) There is no discriminatory entry on the personal documents of
Syrian citizens, such as identity cards and passports, since the holder's
religion is not specified on any such documents.
(g) The Constitution endeavours to protect personal property and ensure
that it is not expropriated. The competent authorities have never confiscated
and subsequently given to others any home belonging to a member of the
Jewish faith.
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(h) There is no restriction on the admission of students of the Jewish
faith into Syrian universities. Many of them are currently pursuing higher
studies in foreign institutes and universities in all fields of
specialization.
(i) Members of the Jewish faith are obliged to perform compulsory
military service. They are not exempt, although their enlistment is deferred,
in the light of the numerous applications for deferral that they have made to
the competent authorities, by reason of the small size of their community and
in order to enable them to support their families.
(j) No member of the Jewish community has been subjected to
administrative or arbitrary detention, and there have been no instances of
enforced or involuntary disappearance. No member of the community has been
subjected to torture during detention, while any member against whom a
judicial sentence is handed down is permitted to receive periodic visits from
his relatives and enjoys good, healthy conditions of detention.”
Ukraine
65. In a communication sent on 9 October 1992 addressed to the Government of
Ukraine, the following was transmitted by the Special Rapporteur:
“According to the information received, the cathedral of the Ukranian
Orthodox Church, which is under the authority of the Russian Orthodox Church,
was seized in Lutsk on 16 August 1992. It has been reported that on
12 August 1992, the Ukrainian Autocephalous Orthodox Church addressed a
petition to the Regional Representative of the President, Mr. Yuri
Lernartovich, requesting to become the keeper of the cathedral in Lutsk and
its grounds although this cathedral had never been in its possession
previously. It has been alleged that the aforementioned official granted the
Ukrainian Autocephalous Orthodox Church control of this property, which
reportedly belongs to the Ukrainian Orthodox Church, without previously
conducting an inquiry to determine its legal ownership.
According to the sources, the cathedral of Lutsk was taken by force in
the night of 16 August 1992 and numerous members of the Ukrainian Orthodox
clergy, seminary students and members of the laity, who were keeping a prayer
vigil in the cathedral courtyard in order to defend it, were reportedly
attacked and beaten. It has been reported that local representatives of
the Ukrainian Congress, Mr. Gennadi Gennadivich Kozhevnikov and
Mr. Alexander V. Gordidima, had organized a public rally which resulted in the
storming of the church property. According to the allegations received, the
gate of the cathedral property was opened forcibly and the Ukrainian Orthodox
Bishop of Lutsk and Volynia, Bartholomei, was ordered to hand over the keys,
which he refused. It was reported that the padlock on the cathedral door was
subsequently cut and the people inside beaten with sticks and steel pipes. It
has been alleged further that the cathedral, the diocese offices, the
seminary, including medical aid, evangelical materials and a desktop
publishing system, as well as all private and personal property were also
seized on that occasion.
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In addition, it has been reported that the police were present but did
not intervene in the course of this incident and that the injured persons were
denied medical treatment at the Lutsk city hospital, presumably for fear of
government reprisal. “
United States of America
66. On 8 November 1991 the Special Rapporteur sent the following information
to the Government of the United States of America under annex III
(E/cN.4/1992/52, para. 74) :
“The Special Rapporteur was not able to establish beyond doubt whether
Mr. LaRouche's association can be considered as falling under the terms of the
Declaration on the Eliminaton of All Forms of Intolerance and of
Discrimination Based on Religion or Belief. He nevertheless felt obliged to
ask the Government of the United States of America to provide him with
comments and observations thereon, since the allegations have been submitted
to him with specific reference to the Declaration.
According to the information received, United States citizen
Mr. Lyndon H. LaRouche is reported to have been subjected to harassment,
investigation and prosecution solely because of his beliefs. Mr. LaRouche,
who is said to be the founder and leader of a metaphysical association whose
beliefs are reportedly centered on the right of all peoples to development and
economic justice, was indicted on 14 October 1988 and charged with ‘conspiracy
to commit fraud', ‘mail fraud' and ‘conspiracy to defraud the Internal Revenue
Service' . On 27 January 1989 he was reportedly sentenced to five years'
imprisonment on each charge, amounting to a sentence of 15 years in prison, by
the United States District Court for the Eastern District of Virginia,
Alexandria Division. Mr. LaRouche's trial is said to have been unfair and
conducted in disregard for guarantees necessary for the defence. Exclusion of
evidence has also been reported in this connection as well as the passing of
an excessive sentence for crimes which are usually said to be regarded as
minor civil or administrative infractions. On 22 January 1990 Mr. LaRouche's
appeal of sentence was denied by the Fourth Circuit Court of Appeals which
upheld the ruling of the District Court of Alexandria. It has been alleged
that about 50 persons have so far been indicted because of their links with
Mr. LaRouche's association and it has been reported that they, too, have had
unfair trials.
According to the sources, Mr. LaRouche's beliefs have reportedly also
resulted in the seizure and closing down of five publishing companies whose
publications had disseminated the ideas of his association.”
67. On 24 March 1992, the Government of the United States of America sent its
comments to the Special Rapporteur regarding the above-mentionned
communication:
“The Government of the United States refers to paragraph 74 of the report
entitled “Implementation of the Declaration on the Elimination of all Forms of
Intolerance and of Discrimination Based on Religion or Belief”
(E/cN.4/1992/52, dated 18 December 1991) and offers the following response
E/cN. 4/1993/62
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regarding the case of Lyndon LaRouche, who is alleged in the above paragraphs
to have been subjected to violation of his human rights because of his
beliefs.
The paragraph noted that a complaint had been received by the Special
Rapporteur on religious intolerance that Mr. LaRouche had been subjected to
harassment, investigation, and prosecution solely because of his beliefs. The
paragraph further noted that the Special Rapporteur was not able to establish
beyond doubt whether Mr. LaRouche's case could be considered as falling under
the terms of the Declaration on the Elimination of All Forms of Intolerance
and Discrimination Based on Religion and Belief. The Government of the
United States believes that the following information will make it clear to
the Special Rapporteur that Mr. LaRouche has not been subjected to any form of
intolerance or discrimination based on religion or belief but has, instead,
been given due process under the laws of the United States for criminal
violations of those laws.
On 16 December 1988, Mr. LaRouche and six of his associates were
convicted in Federal District Court in Alexandria, Virginia, on various
counts of mail fraud and conspiracy to commit mail fraud in violation of
United States Federal Statutes. In addition, Mr. LaRouche was convicted of
conspiracy to defraud the United States internal revenue service. The
defendants received sentences varying from 3 to 15 years. Mr. LaRouche was
sentenced to a term of S years on each of 13 counts of conviction, with
various counts ordered to run concurrently, so that his total sentence of
incarceration was 15 years.
Those convictions, and other proceedings against members of
Mr. LaRouche's organization, resulted from fraudulent fund-raising activities
conducted by Mr. LaRouche and his supporters to finance his presidential
candidacies and other political activities.
On 22 January 1990, the United States Court of Appeals for the fourth
circuit affirmed the conviction of Mr. LaRouche and the other defendants,
specifically rejecting their contentions concerning the lack of an impartial
jury and other procedural improprieties that had allegedly denied them a fair
trial. (United States v. LaRouche, 896 F.2D 814 (4th. Cir. 1990)) .
The United States Supreme Court declined to review that decision on
11 June 1990. (LaRouche v. United States, No. 89-1785, 58 U.S.L.W. 3782
(12 June 1990) ) .
In each of these proceedings, Mr. LaRouche and his co-defendents were
represented by counsel of their own choosing and had ample opportunity to
defend their rights in court.
Mr. LaRouche was the founder and chair of the National Caucus of Labor
Committees (NCLC) and the now-defunct United States Labor Party. He was also
a candidate for President of the United States in 1980, 1984 and 1988. The
NCLC (also known as the “Larouche Organization”) supported various political
candidates and initiatives, had offices throughout the country and carried out
many of its activities through commercial corporations and political
committees. One of its principal activities was to raise funds from private
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citizens to support those activities, by obtaining voluntary contributions,
selling literature and borrowing from individuals (especially through
telephone solicitation, use of the mails, and credit cards) . All of the
individuals convicted along with Mr. LaRouche were directly involved in these
fund-raising activities.
Beginning in 1983, at Mr. LaRouche's personal direction, the NCLC
resorted to increasingly aggressive and illegal fund-raising tactics,
including schemes to obtain money by fraudulent pretences. In particular, it
was proved at trial that donors were asked to loan money to the organization
with the promise of repayment at specific times and with specific rates of
interest, when in fact defendants knew that the loans would not be repaid in
the manner promised and had no intention of honoring their promissory notes
and letters of indebtedness. Many lenders lost significant amounts of money,
some their life savings. Moreover, the organization engaged in credit card
fraud. It obtained credit card account numbers from private individuals who
offered donations or purchased subscriptions to LaRouche publications, and
then made fraudulent billings against those accounts without the individuals'
knowledge or consent. These activities, together with Mr. LaRouche's failure
to file income tax returns and his efforts to mislead and obstruct the
United States internal revenue service, were the basis of investigation and
prosecution by a number of state and federal authorities.
A federal grand jury initially issued an indictment against the LaRouche
Organization in Boston, Massachusetts, on 6 October 1986; a second superseding
indictment naming Mr. LaRouche and various of his colleagues, was issued in
July 1987. The charges included credit card fraud and obtaining fraudulent
loans, as well as conspiracy to obstruct justice. Trial began in Boston in
December 1987, and continued for four months but was terminated when the
presiding judge declared a “mistrial” due to “severe hardships” that would be
suffered by several of the jurors if the trial had continued.
Retrial in Boston was set for January 1989, but in October 1988,
Mr. LaRouche and his colleagues were separately indicted by a federal grand
jury sitting in the Eastern District of Virginia on similar grounds including
mail fraud, conspiracy to commit mail fraud, and conspiracy to obstruct income
tax collection. At trial, a number of defrauded investors as well as several
of Mr. LaRouche's former associates testified; by their own choice, none of
the defendants took the stand. On 16 December 1988, the jury returned
verdicts of guilty on all of the counts with which the defendants had been
charged. As noted above, that conviction has been affirmed by the Court of
Appeals, and the Supreme Court has declined to review it further.
The Government of the United States categorically denies the allegations
that have been made to the Special Rapporteur on religious intolerance and
notes that the prosecution of those who engage in criminal fraud is a fully
legitimate exercise of a Government's authority to enforce its own laws. The
United States further notes that, even though he is incarcerated at the
federal correctional institution in Rochester, Minnesota, Mr. LaRouche has
continued his political activities, publishing his writings and, in 1990,
running as a candidate for the House of Representatives in the United States
Congress.”
E/cN. 4/1993/62
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Viet Nam
68. In a communication sent on 10 August 1992 addressed to the Government of
Viet Nam, the following was transmitted by the Special Rapporteur:
“According to the information received, the practice of religion in
Viet Nam is subjected to severe restrictions. It has been reported that no
one can openly practise religion as a priest or minister without the
Government's approval of candidates for ordination and enrolment in
seminaries. Restrictions in the exercise of religious freedoms are said to
have affected the holding of religious services, gatherings and retreats,
religious education and the publication of religious materials. It has also
been reported that sermons are subjected to Government approval and that any
type of proselytizing is prohibited. The Government has allegedly made
attempts to unify religious groups by establishing state-sponsored religious
associations such as the Committee for the Solidarity of Patriotic Vietnamese
Catholics, the Union of Patriotic Priests, the Protestant Association and the
Viet Nam Buddhist Church, the only officially recognized Buddhist
organization.
It has been alleged that growing numbers of clergy as well as religious
activists have been imprisoned since 1989 because of their religious beliefs.
It has also been reported that the Government had launched a particularly
intensive campaign against religious leaders between April and September 1990.
A new decree on the regulation of religious activities passed in May 1991
reportedly stipulates that any nominations to religious office, travel abroad
by members of the Vietnamese clergy and visits to Viet Nam by representatives
of foreign religious organizations must be approved by the Government. The
same decree is said to apply to the holding of religious meetings such as
regional and national conferences and the opening of religious schools and
seminaries. Catholic priests, nuns and lay persons reportedly may be assigned
by the authorities to religious functions and duties at the local level
without prior consultation with the Roman Catholic church hierarchy.
In addition, the Special Rapporteur has been informed that numerous
members of the clergy belonging to various religious denominations have been
imprisoned since 1975. This is said to particularly be the case with Roman
Catholic priests and Buddhist monks as well as Protestant pastors, who are
said to have been persecuted systematically and placed in arbitrary detention
for prolonged periods as political prisoners in re-education and labour camps.
Military chaplains allegedly were also sent to such camps after 1975, at a
time when all foreign missionaries were expelled from the country, numerous
places of worship and religious presses closed and religious property
confiscated. Large numbers of religious schools, seminaries, hospitals and
orphanages were reportedly also closed or nationalized, as was the case with
the Evangelical Nha Trang Seminary.
It is believed that at least 40 re-education and labour camps were in
existence at the beginning of 1990 and that at least 60 prisoners of
conscience are detained in Viet Nam on account of their religious beliefs.
The conditions prevailing in such camps have been described as extremely
harsh, including hard labour, torture and inhuman treatment, lack of food
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resulting in malnutrition, illness and lengthy indoctrination sessions. For
example, Buddhist monk Yoshida Ganshin is said to have lost the use of his
legs after 13 years of incarceration in a re-education camp where he was
subjected to electric shock torture.
It has further been alleged that prisoners who are ill and unable to work
are not allowed to eat normal rations since their working capacity is
diminished. Handicapped persons who work less are said to be also forced to
eat less. For instance, they are allegedly allowed only 12 kilograms of rice
per month instead of the subsistence ration of 15 kilograms of rice which most
prisoners are said to receive. It has also been alleged that many prisoners
are not allowed to receive packages of food sent by their families.
According to the sources, the aforementioned prisoners of conscience are
mixed with common criminals in some cases. In many instances, no doctors or
medicines are allegedly available for the prisoners who are forced to resort
to the use of traditional medicines such as herbs and roots, when they are
available. As a result of the above, inmates are said to die at the rate of
10 to 15 per cent a year.
According to the information received, numerous priests and religious
believers as well as persons who are said to have been critical of the church
hierarchy and the Government, are currently alleged to be detained in a type
of administrative detention which does not involve a formal trial or
sentencing. The majority of these persons is reportedly detained in labour
and re-education camps. The situation of a number of these persons has been
summarized as follows:
Cases involving Protestant clergy and religious believers :
Rev. Tran Dinh Ai, the leader of a house church movement in southern
Viet Nam, was arrested on 27 February 1991, allegedly because of his contacts
with the overseas Pentecostal church. Rev. Ai was reportedly sentenced to
three years of administrative detention, without going on trial or being
convicted. He is said to have initially been detained at Phan-dinh-Luu prison
in Ho Chi Minh City and was not allowed to receive family visits for four
months. In November, he was moved to a labour camp in Song Be province and is
reported to be suffering from severe headaches, back pain and a liver
infection.
Pastor R'Mah Boi, a young Christian leader in the highland districts of
Chu Pa, Gia Lai, and Kontum, belongs to the Jerai minority. He was arrested
in August 1989 reportedly for organizing a working party of about
200 tribesmen of Christian faith to help 2 tribal elders who had been ordered
by officials to harvest a large rice field when they were caught holding house
church meetings. Pastor Boi is said to have been detained and imprisoned on
the basis of Administrative Law No. 135. He has reportedly not been formally
tried or convicted and is believed to be in arbitrary detention at prison camp
A-20 in Dong Xuan, Phu Yen province.
Pastor Vo Minh Hung, a minister from Pleiku, is said to have been
arrested for the third time in December 1989 during a house church meeting in
his home. He was reportedly detained for the first time for 1 week and the
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second time for 3 months (first 7 days for interrogation and re-education) .
Pastor Hung, who has not been formally tried or convicted, is believed to be
held in administrative detention at the re-education/labour camp A-20 in Dong
Xuan, in Phu Yen province.
Pastor Rmah Loan, a minister belonging to the Mnong minority, was in
charge of 14 house church congregations in the Darlac region. He was arrested
in June 1991 for unknown reasons and is believed to be held in administrative
detention at a prison at Banmethuot, Darlac province, reportedly without
formal trial or conviction.
Pastor Tran The Thien Phuoc, the leader of a house church in Ho Chi Minh
City, was arrested in November 1989 while on his way to a meeting with other
Christians and was allegedly charged with “disturbing the peace”. He has
lived in Cay Truong II, Ben Cat, Song Be province. Pastor Phuoc is reportedly
detained in a re-education/labour camp for the third time, and is serving a
three-year administrative detention sentence at a camp near Tong Le Chan, Song
Be province, although he has never been formally tried or convicted.
Pastor Ya Tiem, a minister belonging to the Koho minority from the
highlands, was arrested in June 1991 for unknown reasons. He is believed to
be held in administrative detention in a prison in Dalat, Lam Dong province,
although he has reportedly not been formally tried or convicted.
Rev. Dinh Thien Tu, the minister of the largest independent house church
movement in Viet Nam which reportedly comprises several thousand worshippers,
was arrested on 22 February 1991 in Ho Chi Minh City, shortly before midday,
allegedly for operating a social work programme without the approval of the
Government and for alleged unauthorized contacts with foreign Christian
groups. The arrest warrant, presented to his wife in the afternoon, allegedly
charged him with ‘using religion as a pretext for disturbing the peace' . His
house was searched and documents were confiscated. He is believed to be under
a three-year administrative detention sentence, although he has not been
formally tried or convicted. According to the information received, Rev. Tu
was initially detained at the Phan-dinh-Luu prison, Gia Dinh, in Ho Chi Minh
City and was not allowed to receive family visits for four months. He is
believed to have been moved at the end of November 1991 to a labour camp in
the Song Be province. Rev. Tu, who has been accused of ‘teaching false
theories and not observing the rules and regulations of the church' , was
reportedly suspended from all pastoral duties and evicted from the church
parsonage.
Pastor Tran Xuan Tu, a minister from Vo Dat, The Duc Linh district of
Thuan Hai province, is said to have been forced to remove the cross from his
house church, which was subsequently occupied by the authorities. He was
initially arrested in 1985 during a house church meeting held in his home and
reportedly served a three-year administrative detention sentence at a
re-education/labour camp in Vo Dat. In 1988, he is believed to have been
given an additional three-year administrative detention sentence at the same
camp in Vo Dat.
Ha Hak, a minister belonging to the Koho highlands minority, is reported
to have been imprisoned in December 1991.
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Tran Mai, the leader of a house church in southern Viet Nam who is in his
mid-thirties, was arrested in Ho Chi Minh City on 31 October 1991 and alleged
to have been charged with ‘using religious activities to fight the
Government' . He is reportedly serving a three-year administrative detention
sentence in a labour camp at Tong Le Chan, Song Be province. According to the
sources, he has not been formally tried or convicted.
Ha Wan, a minister belonging to the Koho minority, has reportedly been
detained in a prison in Dam Dong province since December 1991.
Rev. Nguyen Ngoc Anh, has been detained since December 1989, allegedly
without having been formally tried or convicted. He is said to have been
beaten on several occasions.
Rev. Dang Van Sung, who served as missionary with the Xtieng tribal
minority, has reportedly been detained since 1975 in the Phuoc Long district.
No news of him has been received since that time.
Pastor Nguyen Chu and Pastor A Uot were reportedly arrested between 1989
and 1990 and are reportedly detained without trial.
Pastors Phan Quang Thieu, Le Quang Trung, Vu Minx Xuan and Hoang Van
Phung are alleged to have been arrested in 1991,in Ho Chi Minh City and in the
central highlands on charges of, inter alia , ‘pursuing religious activities
without permission', and are reportedly detained on the basis of a People's
Committee administrative order.
Pastor Ai Nguyen has reportedly also been arrested for preaching without
a licence and is said to have been sentenced to nine years of imprisonment in
a labour camp.
Mr Minh and Mr Son, Christian elders, held meetings for the members of
the closed Than My church. According to the information received, they were
arrested in April 1990 at Don Duong, near Dalat.
Mr Y De and Mr Y Thang, have been detained since 1989, reportedly for
their religious activities.
Twenty-four Christians from the Jeh tribe have reportedly been imprisoned
since the beginning of 1990 in Dak Lay, Gia Lai province.
Rev. Vo Xuan, a house church leader in southern Viet Nam, was allegedly
taken into custody on 4 December 1989 for meeting with other Christians and
was charged with ‘disturbing the peace' . Shortly before his detention, he
reportedly baptized several persons. Rev. Xuan reportedly refused to sign a
false confession and was held in administrative detention in a security prison
in Thuan Hai province, without being allowed to receive family visits for four
months, until April 1990. He is reported not to have been formally tried or
convicted and was released in December 1991. According to the sources,
Rev. Xuan had previously spent 13 years in a re-education camp until
April 1987 because he used to be a military chaplain in the South Vietnamese
army.
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Phu JIIh, aged 40, was arrested in early August 1991 in Hue, allegedly on
charges of distributing contraband Bibles and other religious literature. He
is said to have been held in administrative detention in Danang and was
reportedly released on 20 November. He is still thought to be under police
investigation.
Vo Van Lac, the leader of a house church in southern Viet Nam, is said to
have been taken into police custody in June 1991 and questioned with regard to
his relations with foreign Christian organizations. He was released in July
1991 and is still believed to be under police surveillance.
Bui Thanh Se, the leader of a house church in southern Viet Nam, was
arrested in late June 1991, reportedly on suspicion of having links with
foreign Christian organizations. He was released in July but is reported to
be under ‘close police surveillance' .
Cases involving Roman Catholic clergy and religious believers :
Tran Ba Loc, has been detained in a re-education camp at Nhu Xuan, Thanh
Hoa, since 1975, reportedly without having been formally tried or convicted.
It is believed that he has served as a military chaplain in the South
Vietnamese army.
Nguyen Khac Nghieu, was arrested in 1975 and is reportedly detained at
the BOA, TD63/TP re-education camp at Nhu Xuan, Thanh Hoa province. He is
believed not to have been formally tried or convicted.
Nguyen Thai Sanh, a former military chaplain, was arrested in 1975 and is
believed to be detained in a re-education camp in Thanh Hoa province. He is
reported not to have been formally tried or convicted.
(Thadeus) Nguyen Van Ly, aged 45, is the former priest of the Doc So
parish, near Hue. He is said to have been arrested in 1983 and tried at the
Hue Peoples' Court, on charges of ‘opposing the revolution and attempting to
destroy the people's unity' . He was reportedly sentenced to 10 years'
imprisonment and is currently detained at the ‘Three Stars' prison in Ha Nam
Ninh province.
Nguyen Khac Chinh, a 69-year-old lawyer, belonged to a group of Catholic
intellectuals in South Viet Nam before 1975. He was reportedly arrested on
27 December 1975 and has remained imprisoned in Trai Cai Tao Xuan Phuoc,
Khu E, Doi 17A, Hom Tru, in Phu Khanh province. He is believed to have never
been formally tried or convicted.
The following Roman Catholic monks and priests reportedly also continue
to be imprisoned:
- Pham Ngoc Chi (Hiep)
- Paul Nguyen Chau Dat
- Luke Vo Son Ha
- Boniface Hong Thien Gian (Thinh)
- Mark Tran Khac Kinh
- John B Pham Ngoc Lien (Tn)
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- John E Mai Huu Nghi
- Bernard Nguyen Thien Phung
- Michael Nguyen Minh Quan
- Quoc (Ban)
- Hilary Do Tn Tam (Thuyen)
- Thadeus Dinh Tn Thuc (Hieu)
- Stephen Chan Tin
- Dominic Tran Dinh Thu
- John Doan Phu Xuan
- Pius Vu Thanh Hai (Dat)
- Nguyen Ngoc Lan (former priest)
Father Nguyen Van De and Sister Nguyen Thi Nhi were reportedly arrested
in August 1990 together with nine other Catholic leaders and charged with
‘spreading propaganda aimed at falsely portraying Viet Nam's religious
policy' . They were reportedly sentenced to between 2 and 10 years in prison.
Sister Tran Thbi Tn is also allegedly detained because of her religious
beliefs.
Cases involving Buddhist monks :
The following Buddhist monks have allegedly been imprisoned, inter alia ,
on charges of engaging in ‘activities aimed at overthrowing the people's
Government' . Most of them are believed to be detained in re-education camps
in the Phu Khanh, Dong Nai and Thuan Hai provinces:
- Thich Quang Do
- Thich Nguyen Giac
- Thich Duc Nhuan
- Thich Huyen Quang
- Thich Tn Sieu
- Thich Tue Sy
- Thich Thien Tan
- Thich Phuc Vien.
Cases involving members of the Cao Dai and Hoa Hao sects :
According to the information received, 3,500 members of the Cao Dai
indigenous Vietnamese religious sect were arrested in Tay Ninh province in
June 1990 and charged with ‘harbouring reactionary and counter-revolutionary
troops'. An additional 1,000 Cao Dai believers were reportedly arrested in
the same province two months later. It has also been alleged that members of
the Hoa Hao indigenous sect have also been persecuted.”
The former Yugoslavia
69. The Special Rapporteur has been attentive to the very serious situation
reflecting grave acts of violence perpetrated against several religious
communities in the territory of the former Yugoslavia, in particular in Bosnia
and Herzegovina. In this connection, the Special Rapporteur wishes to draw
attention to the report of the Special Rapporteur of the Commission on
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Human Rights on the situation of human rights in the territory of the former
Yugoslavia to the General Assembly at its forty-seventh session (A/47/666,
S/24809) which states in paragraph 146:
“The conflict in Bosnia and Herzegovina is not a religious
conflict, but one which is fomented by certain nationalist groups and
parties in order to further their own political and material interests.”
However, in paragraph 26, the Special Rapporteur states:
“During the present conflict many mosques, churches and other
religious sites, including cemeteries and monasteries, have been
destroyed or profaned. All faiths have suffered such damage, including
Muslims, Catholics, Orthodox Christians, Protestant denominations and the
Jewish community. On his travels throughout the country, the Special
Rapporteur was particularly distressed by the systematic destruction and
profanation of mosques and Catholic churches in areas currently or
previously under Serbian control. The systematic destruction of such
holy sites suggests a deliberate effort not only to expel the Muslim and
Catholic population, but also to erase the traces of their presence. The
religious leader of the Muslims of Sarajevo indicated that the number of
mosques destroyed was in the hundreds. In the diocese of Banja Luka
alone Catholic sources provided the Special Rapporteur with a list of
12 churches which were completely destroyed, adding that 25 other
churches had been wantonly damaged.”
In paragraph 71 of his report, the Special Rapporteur states:
“Serbian Orthodox clergy based in Zagreb reported several
incidients of the destruction of church property in the Republic of
Croatia.”
70. Given the complexity of the situation and the appointment of a Special
Rapporteur mandated specifically to deal with the matter, no concrete
allegations were communicated to Governments. The Special Rapporteur intends,
however, to follow this situation closely and take up with the Governments
concerned specific incidents and cases should more precise and concrete
information become available. In this regard, he will cooperate closely with
the Special Rapporteur on the human rights situation in the territory of the
former Yugoslavia.
III. CONCLUSIONS AND RECOMMENDATIONS
71. For the seventh consecutive year, the Special Rapporteur has examined,
under the mandate entrusted to him by the Commission on Human Rights,
incidents and governmental measures reported to be inconsistent with the
provisions of the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief. He has once again been
particularly gratified by the confidence placed in him by the Commission
which, at its forty-eighth session in 1992, extended his mandate for an
additional three years, a privilege he shares with other Special Rapporteurs
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on the thematic mandates of the Commission on Human Rights. The Special
Rapporteur is also pleased to note the sustained interest and trust of the
States members of the Commission in his mandate.
72. In the course of the present reporting period, the Special Rapporteur has
continued to receive allegations concerning the violation of the rights and
freedoms set out in the Declaration and has continued to gather information
about the factors hampering its implementation. In keeping with the
constructive dialogue he has established with Governments over the years, he
has continued to seek clarifications on specific incidents or cases which
concern them and considers the spirit of cooperation shown by the Governments
in the implementation of his mandate to be very encouraging. He was also
gratified by the interest and openness shown by a number of Governments
concerning issues within his frame of reference and their willingness to find
solutions to them.
73. The Special Rapporteur was also very pleased and grateful to note the
continued cooperation extended to him by non-governmental organizations during
the period under review. The detailed information they have provided has been
of considerable assistance to him in carrying out his mandate. The
information gathered by the Special Rapporteur attests to the continued
interest on the part of the international community in problems of religious
intolerance and discrimination and the genuine efforts of many Governments to
restrict them. As the Special Rapporteur pointed out in his report to the
Commission on Human Rights at its forty-seventh session, “My role is not to
make accusations or value judgements, but to help arrive at a better
understanding of the circumstances surrounding (religious) intolerance and
discrimination .. . to mobilize international public opinion and to establish a
dialogue with the Governments and all other parties concerned. “
74. During the period covered by this report, the Special Rapporteur has
continued to receive allegations of infringements in most regions of the world
of the rights and freedoms contained in the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief.
Practices of religious intolerance have continued to occur in countries with
varying degrees of development and different political and social systems and
have not been confined to a particular faith. The majority of allegations
point to the violation of the right to have the religion or belief of one's
choice, the right to change one's religion or belief, the right to manifest
and practise one's religion in public and in private, the right to celebrate
holidays and ceremonies in accordance with the precepts of one's religion or
belief and the right not to be subjected to discrimination on these grounds by
any State, institution or group of persons.
75. As the Special Rapporteur has already indicated in his previous reports,
the infringement of the rights mentioned above jeopardizes the enjoyment of
other fundamental rights and freedoms enshrined both in the International
Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, as well as other human rights
instruments. During the period under review, violations of the Declaration's
provisions have had a negative bearing on the right to life, the right to
physical integrity and to liberty and security of the person, the right to
freedom of expression, the right not to be subjected to torture and other
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cruel, inhuman or degrading treatment or punishment and the right not to be
arbitrarily arrested and detained. The Special Rapporteur has noted that the
rights of persons belonging to religious minorities have been particularly
affected in this regard in countries with an official or clearly predominant
majority religion.
76. Acts of religious intolerance and discrimination have continued to be
characterized in many instances by violence or the threat of its use. In most
cases, they have encompassed the prohibition and repression of external
manifestations relating to a particular religion. On the other hand, there
have also been instances of the admission only of external manifestations of
one's faith as is the case with Buddhists in Tibet, who are allowed to show
their religious faith externally through prostration, the flying of prayer
flags and spinning of prayer wheels, but whose monastic life has been curbed
to a large extent. Confrontations between followers of different faiths have
continued, as have physical and mental persecution. Repressive measures have
continued to be applied for belonging to a specific faith such as
extrajudicial killings, arbitrary imprisonment, enforced disappearance and
abduction. Persons who have converted to another, especially minority,
religion are still severely punished in some countries. The Special
Rapporteur has found, however, that the motivations for such behaviour have on
occasion been of an economic nature. In others, mandatory religious
instruction has been given to persons not belonging to the faith being taught.
77. The Special Rapporteur has also noted a continuation in the application
of administrative sanctions against members of certain faiths such as
confiscation of property, denial of access to education and employment,
exclusion from public service and the denial of salaries and pensions.
Certain legal guarantees such as the right to a fair trial in conformity with
international standards and the right of legal recourse have also continued to
be denied in a number of countries. Members of clergy belonging to various
denominations have continued to receive death threats and have been subjected
to intimidation directed against them as a result of the community work
performed in parallel with their religious functions.
78. This year again, the Special Rapporteur has been preoccupied by the
reports of acts of religious intolerance and discrimination by groups of
private individuals during which little or no intervention on the part of the
security forces took place. He was also alarmed by allegations that the armed
forces or members of the security apparatus actually participated in such
activities in a number of cases. The Special Rapporteur has once again noted
how difficult it is to curb or eradicate the propagation of extremist and
fanatical opinions and overcome the distrust opposing members of certain
denominations. Although the phenomena of religious discrimination and
intolerance are often caused by a variety of economic, social, political or
cultural factors deriving from complex historical processes, they are
frequently the result of sectarian or dogmatic intransigence. In view of
their adverse effect on the stability of international relations, the Special
Rapporteur is of the opinion that States should be vigilant in this regard and
make determined efforts to combat religious discrimination and intolerance at
all levels.
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79. The Special Rapporteur has noted, for example, that the reward for the
killing of Mr. Salman Rushdie, the author of The Satanic Verses , in pursuance
of the religious ruling ( fatwa ) which had been issued against him, has been
increased, a concern which is also shared by the Special Representative of the
Commission on Human Rights on the human rights situation in the Islamic
Republic of Iran. Countries which are parties to the International Covenants
on Human Rights are obliged to respect the freedom of thought, conscience,
religion and belief of all persons. Since the Islamic Republic of Iran is a
party to both Covenants, the Special Rapporteur would like to recall article 6
of the International Covenant on Civil and Political Rights and emphasize that
a decision which has not been issued by an independent tribunal where the
accused would be entitled to defend himself with the assistance of legal
counsel, to call witnesses and to exercise the right of appeal cannot be
accepted. Offering a reward for the killing of such a person constitutes an
incitement to crime and a call to religious hatred which is liable to legal
prosecution in all countries where the rule of law prevails.
80. The Special Rapporteur has also been preoccupied by the periodic eruption
of religious antagonism in certain parts of the world such as that which has
occurred in northern Nigeria and Egypt between the Muslim and Christian
communities, causing numerous casualties including the death of a well-known
writer. In his report to the Commission on Human Rights at its forty-eighth
session (E/CN.4/1992/52, paras. 47 and 48), the Special Rapporteur mentioned
the situation concerning the sixteenth century Babri mosque in Ayodya, India.
He deplores its destruction by Hindu militants at the beginning of December
1992 which had resulted in more than 1,000 deaths at the time the present
report was being finalized. This unfortunate development has also given rise
to the demolishing of Hindu temples in retaliation for this act as well as to
violent outbursts of religious intolerance both in India and in a number of
neighbouring and other countries. The Special Rapporteur has also been
preoccupied by allegations of systematic violations of a wide range of the
human rights of members of the Muslim community in Myanmar.
81. The Special Rapporteur has also been preoccupied by the recent
modification of the Pakistan Penal Code which under section 295 C stipulates
that the application of the death penalty is now mandatory for persons who
have been convicted of defiling the name of the holy Prophet. In the case of
certain religious minorities, this offence may reportedly be invoked for the
mere peaceful expression of their religious beliefs. An additional
disquieting development in Pakistan has been the mandatory mention of religion
on identity cards as of 13 October 1992 which is feared to entail an increase
in discrimination against members of minority religions.
82. In addition, the Special Rapporteur has noted that property claims by a
number of churches in Eastern European countries such as Romania and the
Ukraine have remained unresolved even after the nominal modification of
relevant laws following the change of regime in the countries concerned. He
has also noted the deterioration of the situation of members of certain
religious communities in a number of countries or parts of countries, even
when they do not necessarily constitute a minority, as is the case with the
Shia religious community in Iraq and the members of the Christian and animist
religions in southern Sudan.
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83. The Special Rapporteur has also given attention to the very serious
situation which has developed in the territory of the former Yugoslavia.
Although the conflict in the former Yugoslavia is not a religious one but
opposes different national and ethnic groups, the religious and cultural
monuments and sites of all three principally represented religions - Muslim,
Christian Orthodox and Christian Catholic - have suffered serious damage and
destruction by extremist forces. Such wanton destruction appears to be part
of the policy of certain groups aimed at eradicating the religious and
cultural base of ethnic communities living in a given area in order to
encourage their departure and prevent their eventual return. It should be
pointed out that Muslims have suffered most as a result of such practices.
The leaders of all three religious communities should intensify joint efforts
and be more assertive in trying to stimulate mutual tolerance.
84. Despite the persistence and emerging of the negative trends mentioned
above, the Special Rapporteur was pleased to note the improvement in relations
between members of different religions in a number of countries. The positive
developments in the sphere of religious freedom which have taken place in
recent years in the countries of Eastern Europe have continued to be affirmed.
The Special Rapporteur was particularly satisfied to note the holding of an
international seminar on the freedom of conscience which was organized by the
Government of Albania as well as a seminar on the same subject organized by
the Council of Europe at the University of Leiden. Although the most recent
developments seem to show a reversal of the trend, he was also gratified to
note the improvement in the situation of the Jewish community in the Syrian
Arab Republic, the members of which are now allowed to travel freely.
85. The Special Rapporteur is also pleased to note the efforts aimed at
establishing a dialogue and creating greater understanding between different
faiths such as those between the Catholic and Jewish communities in Spain and
the recent establishment of diplomatic relations between the Holy See and
Israel. He is also gratified by the recent efforts made by the heads of the
different denominations and faiths represented in the territory of the former
Yugoslavia to help find a joint solution to the ongoing conflict. The Special
Rapporteur expresses the hope that similar efforts will continue to be made
throughout the world, at a time of transition for numerous societies.
86. The Special Rapporteur has taken due note of Commission resolution
1992/59 requesting all representatives of United Nations human rights bodies
to continue to take urgent steps, in conformity with their mandates, to
prevent acts of intimidation or reprisal against those who cooperate or seek
to cooperate with United Nations human rights bodies. During the period under
review, however, no specific incidents or cases falling within the purview of
resolution 1992/59 were reported to the Special Rapporteur.
87. On the basis of the foregoing observations, the Special Rapporteur
remains convinced that the maintenance of inter-faith dialogue is of utmost
importance in overcoming sectarian and intransigent attitudes and enhancing
religious tolerance the world over. The prerequisite for the establishment of
a favourable climate which would be conducive to such a dialogue and
understanding remains the rule of law and the functioning of democratic
institutions. The respect of the rights and freedoms enshrined in the 1981
Declaration on the Elimination of All Forms of Intolerance and of
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Discrimination Based on Religion or Belief can only be achieved if due account
is taken of the underlying complex factors which hamper the enjoyment of these
rights, since sectarian and intransigent attitudes may often be linked to
socio-economic and other inequalities. The further strengthening of democracy
in many countries and the introduction of adjustments in the appropriate legal
and constitutional framework can contribute to the creation of a new climate
of religious harmony and tolerance.
88. As he has indicated in the report he presented to the Commission on Human
Rights at its forty-eighth session, the Special Rapporteur was particularly
pleased and encouraged by the number of Governments which, in responding to
his questionnaire, expressed their readiness to receive technical and advisory
assistance from the United Nations Centre for Human Rights. He invites all
Governments which are faced with tensions of a religious nature to avail
themselves of these services as they can only serve to strengthen the
cooperation which many of them have already developed with United Nations
human rights mechanisms.
89. The Special Rapporteur wishes to reiterate the recommendations he has
already formulated in his previous reports, namely that States which have not
already done so should ratify the relevant international human rights
instruments and avail themselves of the machinery already available for
monitoring their implementation. States should also continue actively to
consider the usefulness of preparing a binding international instrument on the
elimination of intolerance and discrimination based on religion or belief, in
the light of the recommendations put forth by Mr. Theo van Boven, expert of
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities, in his working paper (E/cN.4/Sub.2/1989/32) on the subject.
90. The Special Rapporteur is of the opinion that States ought constantly to
monitor the climate which may engender violations of the rights enshrined in
the Declaration as well as their own legislation with a view to detecting
shortcomings and making the necessary changes by establishing the required
constitutional and legal guarantees to protect these rights. Appropriate
amendments should be introduced into existing constitutional and legal systems
if they are inconsistent with the provisions of the Declaration.
91. States should also be more energetic in introducing effective
administrative and judicial remedies available to victims of religious
intolerance and discrimination that would be concerned with penalizing
incidents arising from those phenomena. Conciliation arrangements and other
mechanisms dealing with disputes arising from acts of religious intolerance
ought to also be envisaged. In view of the fact that impunity contributes
significantly to the persistence of human rights violations, national
institutions to promote tolerance in matters of religion and belief should
also be created.
92. The Special Rapporteur would like to reiterate the importance of
disseminating the principles contained in the Declaration among lawmakers,
judges, lawyers and civil servants in order to enable them actively to
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contribute to the elimination of the root causes of religious intolerance. He
would also like once again to emphasize the importance of promoting the ideals
of tolerance and understanding in matters of religion and belief through
education by introducing human rights standards in school and university
curricula and through the training of the teaching staff. Finally, the
Special Rapporteur wishes to emphasize the important role of media briefings
and information seminars aimed at encouraging understanding and tolerance in
matters of religion and belief and providing the broadest possible
dissemination of the principles set out in the 1981 Declaration.
