A/54/303
who entered the State illegally but whose status has been
regularized, must be considered to be lawfully within the
territory and should therefore be accorded the same rights as
those accorded to nationals. Article 12 has also been
interpreted as implying the right to reside in a place of one’s
choice within the territory, which includes protection against
all forms of forced internal displacement, exclusion and
expulsion. Freedom of movement may, however, be limited
with regard to the wish to settle in areas inhabited by minority
communities. Furthermore, no restrictions on the right to
freedom of movement may be made on the basis of
distinctions of any kind, including on the basis of language,
religion, national or social origin. Finally, the right to enter
one’s own country implies prohibition of enforced population
transfers or mass expulsions to other countries and a State
party must not, by stripping a person of nationality or by
expelling an individual to a third country, arbitrarily prevent
this person from returning to his or her own country.
V. Special rapporteurs and special
representatives
Special Rapporteur on the question of
religious intolerance
17. The Special Rapporteur on religious intolerance,
Abdelfattah Amor, in his report on incidents and
governmental action in all parts of the world inconsistent with
the provisions of the Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion
or Belief (E/CN.4/1999/58 and Add.1-2), continued to
provide information on the respect of the rights of minorities
to profess and practise their own religion.
18. In his report, the Special Rapporteur classified the
communications received during the period under review as
follows:
(a) Violations of the principle of non-discrimination
in matters of religion and belief: Islam: Afghanistan;
Scientology: Germany; non-Muslims: northern part of
Cyprus; Protestant Churches: Spain; Sunni: Islamic Republic
of Iran; and religious minorities other than the Russian
Orthodox Church: Turkmenistan;
(b) Violations of the principle of intolerance in
matters of religion and belief: Islam: Afghanistan, Bulgaria,
Myanmar; Jehovah’s Witnesses: Azerbaijan, Bulgaria;
Christians: Azerbaijan, Bulgaria, Egypt, Malaysia, Myanmar,
Sri Lanka; non-Muslims: northern part of Cyprus; Sunni:
Islamic Republic of Iran; Protestant Churches: Mexico, Sri
4
Lanka; Hinduism: Sri Lanka; religious minorities other than
the Russian Orthodox Church: Turkmenistan;
(c) Violations of freedom of thought, conscience and
religion or belief: Baha’is: Islamic Republic of Iran;
non-Muslims: Mauritania;
(d) Violations of freedom to manifest one’s religion
or belief: Christians: Saudi Arabia, Uzbekistan, Lao People’s
Democratic Republic, Sudan; Buddhism: China, Greece,
Kazakhstan; Jehovah’s Witnesses: Russian Federation;
Baha’is: Islamic Republic of Iran; Shiites: Malaysia;
Judaism: Latvia; religions not officially recognized by the
State: Republic of Moldova, Democratic People’s Republic
of Korea;
(e) Violations of freedom to dispose of religious
property: Principal religious communities: Albania, Belarus,
Eritrea, Georgia; non-Muslims: northern part of Cyprus;
Christians: Morocco, Myanmar, Romania; Islam: Myanmar;
Catholic Church: Ukraine;
(f) Violations of physical integrity and health of
persons (religious figures and the faithful): Christians:
Angola, Bangladesh, Egypt, India, Indonesia, Morocco, Lao
People’s Democratic Republic, Pakistan, Sudan, Turkey,
Yemen, Uzbekistan; Buddhism: Bhutan, China, Indonesia,
Sri Lanka; Jehovah’s Witnesses: Russian Federation,
Georgia, Kazakhstan; Baha’is: Islamic Republic of Iran;
Shiites: Iraq; Muslims: Sri Lanka;
(g) Violations affecting women belonging to
minorities: Islam: Afghanistan, India; trokosi (slaves of God):
Ghana.
19. In his conclusions and recommendations, the Special
Rapporteur pointed out that although there was a decline in
anti-religious State policies and the manipulation of religion
in the interest of a political ideology, an upsurge of State
policies directed against minorities in matters of religion and
belief, and in particular against unrecognized minorities,
namely, sects or new religious movements, was noticed.
20. In his report on his visit to Viet Nam
(E/CN.4/1999/58/Add.2), the Special Rapporteur collected
information on the main religious communities in Viet Nam,
namely, Buddhist, Catholic, Protestant, Islamic, Cao Dai and
Hoa Hao.
21. In that report, the Special Rapporteur noted that it was
not possible, in Viet Nam, to establish and maintain religious
communities freely and independently, with the exception of
the Catholic Church and most of the Protestant
denominations. With regard to the Buddhist, Hoa Hao, Cao
Dai and Muslim communities, the standard practice seemed
to be to establish organizations which are controlled by the