E/CN.4/1997/91
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100. It is important to recall here some comments made by the Human Rights
Committee in its general comment of July 1993 on article 18 of the
International Covenant on Civil and Political Rights. The Committee pointed
out that “the freedom of thought and the freedom of conscience are protected
equally with the freedom of religion and belief. The fundamental character of
these freedoms is also reflected in the fact that this provision cannot be
derogated from, even in time of public emergency”.
101. The Committee felt that restrictions on displays of religious freedom
should be applied only for those purposes for which they were prescribed, and
must be directly related and proportionate to the specific need on which they
were predicated. They must not be imposed for discriminatory purposes or
applied in a discriminatory manner. The Committee believed that limitations
on the freedom to manifest a religion or belief for the purpose of protecting
morals must be based on principles not deriving exclusively from a single
tradition.
102. The problems raised by the question of sects are many and varied, and
require a great deal of attention, effort and tolerance. This, for example,
is the case when the philosophy on which a religious community claims to
operate conflicts with the obligations implicit in belonging to a single
nation, or with laws on health. Finding a solution requires great tolerance
so that compromises can be arrived at that reconcile the need for freedom of
religion with the equal need to retain the religious community concerned as
part of the nation, and to ensure that the law, or at least something
equivalent to the law, is respected.
103. The Special Rapporteur recommends a high-level intergovernmental meeting
to consider and arrive at a collective approach to sects and religions that
respects human rights. Within the Commission, too, a study on the phenomena
of sects and religious freedom is strongly to be recommended. In any event,
over the coming years the question of sects should be given sustained
attention, both in matters of definition and delimitation and at the level
of specific instances and how they are handled.
C.
Other conclusions and recommendations
104. In the context of setting up a documentation centre in the Centre for
Human Rights at Geneva, the Special Rapporteur recommends that a department
on religious freedom and human rights should be set up in order to increase,
channel and target information on the religious situation throughout the
world, in accordance with the mandate on religious intolerance, with a view to
the establishment under the urging and guidance of the Special Rapporteur of
the databases necessary for more thorough analysis and investigation in the
area of religious freedom.
105. The Special Rapporteur wishes to express his gratitude to States for
their cooperation and the opportunities for fruitful dialogue he has been
given. He has particularly appreciated the efforts of those Governments which
have tried to shed light on allegations submitted to them and have initiated
or responded positively to the suggestion of in situ visits. The replies thus
provided, and governmental cooperation over visits, have been of valuable
assistance to the Special Rapporteur in forming an authoritative opinion on