E/CN.4/1988/45
page 23
45. With regard to the freedom to solicit and receive voluntary financial and
other contributions, it is reported that, in Tibet, donations to Buddhist
monasteries must be paid directly into a particular account and cannot be
withdrawn or spent without the approval of an official body, the Office of
Religious Affairs.
46. The freedom to train, elect or designate appropriate religious leaders is
also subject to restrictions in some cases. For instance, it is reported
that, in China, Buddhist monks in Tibet are designated by a Government
Committee and bishops of the Catholic Church are appointed by the Chinese
authorities, which do not recognize the Vatican hierarchy.
47. The Special Rapporteur has also been informed of infringements of the
freedom to celebrate holidays and ceremonies in accordance with the precepts
of one's religion or belief. In Czechoslovakia, for instance, the authorities
allegedly obstructed the annual pilgramage to Levoca.
48. Lastly, the freedom to have communications in matters of religion and
belief at the national and international levels also seems to be jeopardized
in some cases, one illustration being the Czech priest whose contacts with
members of religious orders and Polish Catholics formed the subject of charges
against him by the authorities.
2.
Discriminatory treatment on the grounds of religion or belief
(arts. 2 and 3 of the Declaration)
49. In his initial report, the Special Rapporteur mentioned various areas in
which intolerance and discrimination based on religion and belief, as defined
in the Declaration, occur in practice. He observed that discrimination based
on religion or belief was practised in respect both of civil and political
rights and of economic, social and cultural rights.
50. Some recent examples demonstrate the persistence of infringements of the
principle of non-discrimination on religious grounds. With regard to civil
and political rights, for instance, one allegation concerning the sentencing
to death of 10 Muslim preachers in Somalia (a sentence subsequently commuted
to one of indefinite imprisonment) mentioned the fact that the persons
convicted did not enjoy the necessary legal guarantees during their trial,
having been unable to prepare their defence and to exercise the right of
appeal. Other examples attest to discrimination in the enjoyment of economic,
social and cultural rights. For instance, there are several allegations
regarding discriminatory treatment against pupils of the Coptic faith in
schools in Egypt while, in India, Christian converts who previously belonged
to the "untouchable" category and who, ipso facto, should, according to the
Constitution, benefit from "affirmative action" designed to place them on an
equal footing with other citizens more favoured in the past are reportedly not
benefiting from such measures. It is further alleged that the Ministry of
National Education and Religion of Greece refused appointments in the State
educational system to four primary and nursery school teachers professing a
religion other than that of the Eastern Orthodox Church.