E/CN.4/1991/56
page 108
As a result of these abuses, the IDF has on a number of occasions had to
act against those who have turned the mosques into tools of the intifada. In
keeping with Israel's policy regarding the sanctity of places of worship,
special orders have been issued regarding the conduct of security personnel at
the holy sites in the territories. As a rule, soldiers may not approach such
a site and may not enter except when conducting a search, and even then only
after having received special approval from a senior military commander.
Soldiers are ordered to show respect at the mosques and other holy sites;
they must not interfere with religious observance.
The movement of residents of the territories into Israel has on occasion
been restricted when there has been reliable and substantiated suspicion that
religious services would be exploited to stir up emotions and incite the
worshippers to acts of violence - as, indeed, was the case at times during the
last year."
74. Attached to the reply was also sent an excerpt from the United States
Department of State Country Reports on Human Rights Practices for 1989.
Mauritania
75. In a communication dated 25 July 1990, the Special Rapporteur drew the
attention of the Government of Mauritania to paragraph 60 of document
E/CN.4/1990/46, and recalled the following facts:
"At our meeting during the forty-sixth session of the Commission on Human
Rights in February last, your country's representative undertook to send a
written communication relating to article 306 of the 1983 Penal Code.
As this communication has still not been received, I should be grateful
if you would send it so that I can take it into account in preparing my next
annual report."
76. On 21 October 1990, the Government of Mauritania sent its reply to the
question raised in the Special Rapporteur's above-mentioned communication as
to whether article 306 of the Mauritanian Penal Code is in conformity with the
United Nations resolutions concerning intolerance and discrimination based on
religion or belief:
"Mauritanian law does not encourage any form of intolerance or
discrimination based on belief. The limitations and restrictions that some of
its provisions place on freedom of religion and belief are regarded as
necessary solely in order to safeguard security, public order and morality.
It is well known that article 1 of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief
makes provision for such limitations as are prescribed by law.
1.
The legal system in Mauritania guarantees freedom of thought and
releases the human intellect from the shackles of illusions and
superstitions. Consequently, it permits human beings to think as and how they
wish and they are not liable to punishment for their thoughts, even if they
think of committing an act that is prohibited by law.