E/CN.4/1988/45
paqe 1
I.
MANDATE OF THE SPECIAL RAPPORTEUR
1.
At its forty-second session in 1986, the Commission on Human Rights
adopted resolution 1986/20, in which it stated that it was "seriously
concerned by frequent, reliable reports from all parts of the world which
reveal that, because of governmental actions, universal implementation of the
Declaration has not yet been achieved" (third preambular paragraph) and in
which it decided, in view of incidents and governmental actions which are
inconsistent with the provisions of the Declaration, "... to appoint for
one year a special rapporteur to examine such incidents and actions and to
recommend remedial measures, including ... the promotion of a dialogue between
communities of religion or belief and their Governments" (paragraph 2).
2.
In accordance with that resolution, the Special Rapporteur submitted to
the Commission on Human Rights at its forty-third session a report entitled
"Implementation of the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief"
(E/CN.4/1987/35), in which he endeavoured to identify the factors hampering
the implementation of the provisions of the Declaration and to prepare an
inventory of incidents and measures inconsistent with such provisions, while
drawing attention to the adverse consequences of manifestations of intolerance
in matters of religion or belief for the enjoyment of certain rights and
fundamental freedoms. On the basis of these specific observations, the
Special Rapporteur formulated a number of conclusions and recommendations.
3.
At its forty-third session, the Commission on Human Rights decided, in
its resolution 1987/15, to extend for one year the mandate of the Special
Rapporteur. This decision was approved by the Economic and Social Council in
its decision 1987/143.
4.
As stated in the provisions of Commission resolutions 1986/20 and
1987/15, the Special Rapporteur's task is to examine incidents and
governmental measures incompatible with the provisions of the Declaration and
to recommend remedial measures. In his first report, the Special Rapporteur
described his interpretation of this mandate (E/CN.4/1987/35, paras. 17 to 19).
He has considered it necessary in the present report to review this
interpretation in the light, on the one hand, of developments in a mandate
which is now entering a new phase and, on the other, of various comments and
suggestions brought to his attention following consideration of the first
report.
5.
In the initial report, the Special Rapporteur decided to give priority to
an overall view of the obstacles to the implementation of the Declaration so
as clearly to set out the elements of the problem before him and emphasize its
magnitude and the seriousness of its specific implications. Having thus laid
the foundations for his analysis, he considers it justified, at the current
stage in his mandate, to enter a more specific phase which would involve more
precise identification of particular situations where inconsistencies with the
provisions of the Declaration might have been found. He thus hopes to promote
better understanding of the actual situation with regard to intolerance and
discrimination based on religion or belief and to help make international
public opinion more aware of this problem.
6.
With a view to completing and updating this inventory of incidents and
measures incompatible with the provisions of the Declaration, the
Special Rapporteur has, as during his earlier mandate, used the information he