E/CN.4/1990/46
page 56
Muslim community in Bulgaria and the mass exodus which had taken place after
May 1989 were one of the many aspects of politicals cultural, ethnic and
social tensions in the relations between Bulgaria and Turkey. Therefore, in
the Special Rapporteur's view, bilateral negotiations seem to be the best way
of guaranteeing respect for the religious rights and freedoms of the Muslim
minority in Bulgaria and for regulating the flow of Muslim Bulgarians across
the border to Turkey. In the view of the Special Rapporteur, such
negotiations should give due regard to the rights of the persons concerned as
stipulated in the Universal Declaration of Human Rights, in the Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, in the International Covenants on Civil and Political as
well as on Social, Economic and Cultural Rights, and in other relevant human
rights instruments. Finally, the Special Rapporteur deplored the failure to
keep alive the protocol on the development of bilateral relations between the
two countries signed in Belgrade on 23 February 1988.
99. Subsquently the Special Rapporteur was informed of the decision taken by
the Turkish authorities at the end of August 1989 to terminate the exceptional
practice, in effect since the beginning of June 1989, of allowing Bulgarian
citizens to enter Turkey without a visa. The Special Rapporteur was further
informed that, in the months following the above-mentioned decision, more than
10 per cent of the 300 9 000 Bulgarians who had crossed the border into Turkey
during the summer had already returned to the homeland.
100. The Special Rapporteur was pleased to note that the two parties had held
discussions with the Secretary-General of the United Nations and that they had
invited a discreet fact-finding mission by a representative of the
Secretary-General to visit their countries. He also wished to express his
satisfaction with the recent initiation of bilateral talks between Bulgaria
and Turkey.
101. During his second visit to Geneva, the Special Rapporteur met with
representatives of Indonesia and the Syrian Arab Republic, with whom he
discussed matters relating to his mandate.
III.
ANALYSIS OF THE INFORMATION COLLECTED
102. Since his appointment, the Special Rapporteur has been able to gather a
considerable amount of information regarding the factors hampering the
implementation of the Declaration, the infringements of the rights defined in
the Declaration and the various situations in which religious intolerance and
discrimination can lead to the violation of other human rights. The Special
Rapporteur has pointed out that the most important factors hampering the
implementation of the Declaration are: the existence of legal provisions that
run counter to the spirit and letter of the Declaration; practices by
governmental authorities contradicting not only the principles embodied in
international instruments but even provisions enshrined in domestic law which
prohibit discrimination on religious grounds; the persistence of political,
economic and cultural factors which result from complex historical processes
and which are at the basis of current expressions of religious intolerance.
103. A large number of incidents brought to the attention of the Special
Rapporteur, which involved clashes between members of various religious
communities, appear to have resulted from the sectarian and intransigent
attitude of the followers of a particular religion or belief. In addition to