E/CN.4/2005/61
page 2
Summary
Since 1987, the Special Rapporteur on freedom of religion or belief has been examining
incidents and government measures in all parts of the world that are incompatible with the
provisions of the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief and has recommended remedial measures for such
situations. In July 2004, Asma Jahangir was appointed Special Rapporteur on freedom of
religion or belief for a duration of three years.
During the time that she holds the mandate, the activities of the Special Rapporteur will
be shaped by the principles of prevention and protection, with an emphasis on the latter. In
addition to communications and in situ visits, she would like to collect information, and analyse
and identify best practices on a number of contentious issues as well as legislation pertaining to
freedom of religion or belief.
During the period under review, 69 communications related to alleged violations of the
right to freedom of religion or belief were transmitted to States. A number of them had been
sent by the previous Special Rapporteur and some, which address situations revealing multiple
human rights alleged violations, were transmitted together with other special procedures.
While 28 replies were received from Governments further to these communications, the
Special Rapporteur is concerned that only a few States have provided a complete and detailed
response.
Concerning in situ visits, the Special Rapporteur considers that they are the only way to
comprehensively and thoroughly apprehend the situation in a country with regard to freedom of
religion. She therefore urges States to extend invitations to undertake such visits. The
Governments of Nigeria, Sri Lanka and Bangladesh have already given their agreement for such
a visit.
Among the situations or cases involving alleged violations to freedom of religion or
belief that have been addressed during this period, an important number also revealed violations
of other forms of human rights. It is also noted that many of those situations leading to
violations of the right to freedom of religion or belief are created by non-State actors, a fact that
does not relieve the State of its positive obligations to ensure freedom of religion or belief to all
persons finding themselves within its jurisdiction.
Many cases raised the issue of conversion and, in particular, forced conversion, a practice
that the Special Rapporteur considers unacceptable and one of the most serious forms of
violation of the right to freedom of religion or belief. The Special Rapporteur is also concerned
at the number of attacks and other restrictions on places of worship and other religious sites or
shrines as well as at the limitations placed on religious publications.
The Special Rapportuer also addresses more general questions of freedom of religion
such as registration, in regard to which she refers expressly to the guidelines adopted by