CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTION OF RELIGIOUS INTOLERANCE
Author: Womens UN Report Network
Date: January 22, 2006
Attachments: UN SR Freedom of Religion or Belief Report to
CHR 2006.pdf
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Distr. E/CN.4/2006/5 Original: |
COMMISSION ON HUMAN RIGHTS
Sixty-second
session
Item 11 (e) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING THE
QUESTION
OF RELIGIOUS
INTOLERANCE
of the Special Rapporteur on freedom of religion
or belief, Asma Jahangir*
endnotes and the annex to this report are being circulated as received in the
language of submission only.
IV. CONCLUSIONS AND
RECOMMENDATIONS
61. The
twenty-fifth anniversary of the adoption of the 1981 Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief will take place in 2006.
Nevertheless, the Special Rapporteur notes with concern that freedom of
religion or belief is not a reality for many individuals throughout the
world. She hopes that this
anniversary will be an occasion to reiterate the importance of promoting freedom
of religion or belief and to draw attention to the evolution of the issues
relating to the mandate. She
encourages Governments and non-governmental organizations to support the
initiatives that will be taken to organize events that will take stock of
achievements since 1981, identify the provisions of the Declaration that today
raise particular concern and challenge rising trends of religious
intolerance.
62. While
she notes that religious leaders regularly organize high-level meetings at the
international level to promote inter-religious dialogue, she is concerned that
Governments, which are primarily responsible for protecting people against
violations of the right to
freedom of religion or belief, rarely organize intergovernmental
events to discuss the rise of religious intolerance, in particular at the
regional level. The Special
Rapporteur encourages more intergovernmental dialogue on the issues relating to
her mandate, so as to increase the involvement of the relevant
policymakers.
63. The
Special Rapporteur expresses her gratitude to the Governments of Sri Lanka,
Nigeria and France for their cooperation during her visits during the period
under review. She considers that
this cooperation will eventually prove beneficial to those States because all
States have an interest in improving religious tolerance and religious
freedom. She therefore encourages
all States to respond favourably to her requests for country visits so as to
enable her to fulfil her mandate more effectively.
64.
However, there is a real concern that the number of countries that do
not extend invitations for in situ visits is increasing. This trend is particularly worrying
because these are the countries concerning which she has received substantial
allegations regarding violations of the right to freedom of religion or
belief. In this regard, the Special
Rapporteur reiterates her support for a mechanism to appropriately address the
situation of countries that consistently fail to cooperate with the special
procedures mechanisms. She
encourages States and other actors to consider this issue in the context of the
efforts relating to United Nations reform.
In particular, they should consider, barring those States that do not
cooperate with the special procedures in the context of country visits, from
consideration for membership in the new body.
65. The
Special Rapporteur welcomes the responses received from Governments to the
communications sent during the period under review. She reiterates the importance of
initiating a dialogue with Governments on allegations of violations of the
freedom of religion or belief in their countries. Accordingly, she has taken steps to
improve the specificity and quality of the communications she sends to
Governments by developing a framework on communications. She hopes that Governments will
reciprocate by increasing their efforts to respond to her communications fully
and in a timely manner, responding to the specific questions raised.
66. The
Special Rapporteur has formulated a set of general criteria on religious
symbols, including “neutral indicators” and “aggravating indicators”, in order
to provide some guidance on the applicable human rights standards and their
scope. She would like to emphasize
that restrictions may not be imposed for discriminatory purposes or applied in a
discriminatory manner. Limitations
must be directly related and proportionate to the specific need on which they
are predicated. The burden of
justifying a limitation upon the freedom to manifest one’s religion or belief
lies with the State. The chosen
measures should promote religious tolerance and avoid stigmatizing any
particular religious community.
Furthermore, the principles of appropriateness and proportionality need
to be thoroughly respected both by the administration and during possible legal
review.
67. During
the period under review, the Special Rapporteur continued to receive reports of
cases or situations where persons had deliberately offended the religions of
others. She recognizes that in many of these
cases, the statements or other forms of expression may have been made as a
result of the exercise of the right to freedom of expression. However, she is concerned that in
some cases, such forms of expression may disclose a lack of tolerance for the
religion of others, which can constitute a threat to the religious harmony of a
society as they are often based on stereotypes and may provoke further
polarization. She intends to
further develop this aspect of her mandate in her forthcoming
activities.
68.
Finally, noting the undisputed advantages that special procedures
bring to the United Nations human rights mechanism owing to their
particularities, as well as the new challenges and ever-increasing demands
that they face, the Special Rapporteur strongly encourages that additional
resources be allocated to the Special Procedures Branch of the Office of the
High Commissioner for Human Rights.
In this regard, she notes that the evolving scope of cases and situations
falling within her area of responsibility calls for strengthening the resources
available to the mandate, including in terms of staffing.
………………………………………………………………………………………………………………………………
Annex
THE MANDATE OF THE SPECIAL RAPPORTEUR ON
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VULNERABLE |
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Women |
ICCPR Art. 5 (1): Art. 18 (3): |
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CEDAW Art. 2: (a) (b) (c) To establish legal (d) To refrain from (e) To take all (f) To take all (g) Art. 3: ICESCR Art. 2 (2): 1981 Declaration of the General Assembly Art. 8: Commission on Human Rights resolution 5.b: In 14: The Human Rights Committee general comment Para. 13: Para. 19: Para. 21: |
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