E/CN.4/1991/56
page 120
of this phenomenon and its detrimental effect on the stability of
international relations as well as on relations between particular, often
neighbouring, States, the Special Rapporteur is of the opinion that more
determined efforts should be made at all levels to combat attitudes of
discrimination or intolerance, especially when they have deep historic and
cultural roots.
99. The Special Rapporteur has taken due note of Commission resolution 1990/76
requesting him and other rapporteurs and groups to take urgent steps, in
conformity with their mandates, to help prevent the occurrence of intimidation
or reprisal against private individuals and groups who seek to co-operate with
"he United Nations and representatives of its human rights bodies. The
Special Rapporteur is indeed aware of this important concern of the Commission
and will, within the framework of iiis mandate, take every possible action
whenever such cases are brought to his attention. During the period under
review, however, no concrete incidents or cases falling within the purview of
resolution 1990/76 were reported to him.
100. With regard to the replies received on the above-mentioned questionnaire,
:.he Special Rapporteur has noted that very few countries make a clear
distinction between religions5 sects and religious associations. He
racognizes the difficulty involved in establishing a clear definition and
cotes ;hat the attitudes of Governments are based rather on the type of
activities -he various religious entities engage in.
.01. In this connection, mention can be made of the judicial proceedings
filed against the so-called Church of Scientology in Italy and Spain (see
.i/CN,ji '1990/46, paras. 55, 56, 78 and 79) and more recently in France, which
lave either been closed or not followed up.
.02- Prohibitive action in certain instances may result from a lack of
acceptance, on the part of certain religious denominations, of what
^o-werrunents view as basic law. Most countries claim they afford equal
protection to both believers of all faiths and non-believers as well as to
persons -whose denomination makes them part of a religious minority. To
•varying degrees, countries with an official religion appear to show a less
-olerant attitude towards other religious denominations.
103o The majority of countries does not apply the principle of reciprocity
concerning the practice of religion by foreigners. Certain countries have
indicated that they do not apply this principle for if they were to do so,
"hey would be less tolerant towards citizens of countries where their own
nationals are not allowed to practise their religion.
104, Most countries denied the existence of marked confrontation between
believers of different faiths. This appears to be in contradiction with the
incidents reported over the years to the Special Rapporteur. As a consequence
very few specific measures applied in combating manifestations of extremism or
fanaticism were reported. It should also be noted that judicial and
administrative remedies as well as conciliation arrangements do not appear to
have been sufficiently developed worldwide.
105. On the basis of the foregoing observations, the Special Rapporteur
considers that the best guarantee for the respect of the cited rights and
freedoms continues to be the efficient functioning of democratic institutions