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Commission on Human Rights or its Sub-commission on Prevention of
Discrimination and Protection of Minorities, an open-ended working group to
consider the possibility of preparing a new binding international instrument.
In his view, such a group should be able to count on the broad participation
of States, non-governmental organizations and religious denominations. While
such an international instrument is being prepared, the Commission on Human
Rights should endeavour to maintain its vigilance and continue to apply the
procedure it has introduced with a view to monitoring and, if possible,
reducing incidents and measures inconsistent with the provisions of the
1981 Declaration.
119. In this connection, the Special Rapporteur has noted with interest the
report (E/CN.4/Sub.2/1989/32) prepared by Mr. Theo van Boven, expert of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities,
pursuant to Commission to resolution 1988/55. In relation to the new binding
international instrument itself, Mr. van Boven stresses that it should build
on the standards already elaborated by the international community; take into
account the complexity of the issues involved and, in particular, the need for
broad international acceptance on the part of States which would have to
undertake legal obligations.
120. The Special Rapporteur wishes once more to urge States which have not
already ratified the relevant international instruments to do so, making
provision, in accordance with the norms laid down by those instruments, for
the necessary constitutional and legal guarantees for freedom of thought,
conscience, religion and belief, including effective remedies in the event of
intolerance or discrimination based on religion or belief.
121. Advantage should be taken of the advisory services made available by the
United Nations in the field of human rights, as follows:
(a) Provision of expert advisory services to countries which express the
desire to have them for the drafting of new legislative provisions or the
adaptation of existing legislation in conformity with the principles set out
in the 1981 Declaration; for the establishment of a machinery for the
promotion and protection of human rights, particularly in respect of freedom
of religion and belief, such as national commissions, the institution of an
ombudsman or of reconciliation commissions; or for the inclusion in school
curricula of teaching of the ideals of tolerance, understanding and mutual
respect among all religious groups;
(b) Organization of regional, subregional and national training courses
aimed at greater familiarization with existing principles, norms and remedies
in the sphere of freedom of religion and belief. These training courses would
be particularly intended for persons occupying key posts in their respective
countries, such as legislators, judges, lawyers, law-enforcement officials,
members of the administration and educators;
(c) Organization of international, regional and national workshops for
representatives of non-governmental organizations in the sphere of human
rights, and for representatives of specific religions and ideologies, on the
theme of promotion of tolerance and understanding as regards religion and
belief and encouragement of inter-denominational dialogue;