E/CN.4/1995/91
page 148
The Special Rapporteur also believes that greater attention should in
future be paid to the increasingly numerous problems posed by sects and other
similar or comparable communities, in particular through a study of the topic.
The Special Rapporteur has dealt with a number of cases of conscientious
objection within the framework of his mandate, in conformity with the
provisions of the 1981 Declaration. He also wishes to draw attention to
resolution 1989/59 of the Commission on Human Rights, which was reaffirmed in
1991 (resolution 1991/65) and in 1993 (resolution 1993/84), and which
recognizes "the right of everyone to have conscientious objections to military
service as a legitimate exercise of the right of freedom of thought,
conscience and religion as laid down in article 18 of the Universal
Declaration of Human Rights as well as article 18 of the International
Covenant on Civil and Political Rights", and recommends to States "with a
system of compulsory military service, where such provision has not already
been made, that they introduce for conscientious objectors various forms of
alternative service" which "should be in principle of a non-combatant or
civilian character, in the public interest and not of a punitive nature".
The Special Rapporteur has closely followed the tragic developments on
the territory of the former Yugoslavia. He wishes to draw attention to
resolution 1994/72, in which the Commission on Human Rights, repelled by the
odious practice of "ethnic cleansing" whose principal victims are the Muslim
population, expresses alarm at the findings of the Special Rapporteur,
Mr. Tadeus Mazowiecki, that the influence of ultra-nationalist ideologies is
growing and that indoctrination and misinformation encourage national and
religious hatred.
The Special Rapporteur is deeply concerned at the serious acts of
religious intolerance that are affecting Algerian society as a whole and are
likely to have repercussions throughout the Mediterranean region.
The Special Rapporteur draws attention to the fact that the
United Nations, by its establishment, testifies to the determination to "save
succeeding generations from the scourge of war" and, for the achievement of
its ends, "to practise tolerance and live together in peace with one another
as good neighbours", to maintain, by uniting our strength, "international
peace and security", and sets forth, as one of its purposes, the maintenance
of international peace and security and "respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language or
religion". He accordingly recommends that the fiftieth anniversary of the
United Nations should be commemorated with particular solemnity and that it
should be seen as a special opportunity to reaffirm the determination of the
international community as a whole, and also of each of its members, to
preserve and develop the right of individuals and of peoples to peace. The
Special Rapporteur believes that the nature of religious extremism is such as
to jeopardize the right of individuals and of peoples to peace and to
prejudice human rights as a whole. He accordingly recommends that the
United Nations General Assembly - as well as States themselves - adopt
appropriate instruments committing themselves to combating within the
framework of the purposes of the United Nations and with due regard for
General Assembly resolution 39/11 of 12 December 1984, which contains the
Declaration on the Right of Peoples to Peace, "hatred, intolerance and acts of