A/60/399
91. Finally, the Special Rapporteur would like to stress that the respect of religious
freedom has an impact that is not limited to the prison walls. Violations of the
religious rights of inmates may also have an important impact outside the prison.
This is illustrated by recent events that caused the death of several people following
allegations of desecration of the Koran in detention facilities.
VI. Conclusions and recommendations
92. The Special Rapporteur considers that the twenty-fifth anniversary of the
adoption of the 1981 Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief should be an
occasion to raise the importance of promoting freedom of religion or belief and
to draw attention to the evolution of the issues relating to the mandate on
freedom of religion or belief. She encourages Governments and NGOs to take
advantage of this anniversary to organize events that will promote freedom of
religion or belief and challenge rising trends of religious intolerance.
93. She considers that cooperation between the special procedures of the
Commission on Human Rights in terms of communications to Governments
and in situ visits is an essential aspect of the special procedures in general and
of her mandate in particular.
94. Certain activities of the mandate on freedom of religion or belief can play
a role in preventing further violations of violations of other human rights and
may contribute to the creation of an early warning mechanism. The
potentialities of the special procedures should be further exploited in this
regard with a view to developing a more general early warning mechanism.
95. The Special Rapporteur is not satisfied at the level of cooperation from
States in terms of in situ visits, which are an essential aspect of the mandate.
She is particularly concerned at the consequences that the lack of such
cooperation may have on the system of special procedures as a whole. She
encourages the creation of a mechanism that would deal more systematically
with countries that do not cooperate with special procedures in terms of in situ
visits.
96. The right to adopt a religion of one’s choice, to change or to maintain a
religion is a core element of the right to freedom of religion or belief and may
not be limited in any way by the State. When it is challenged by non-State
actors, States have a positive obligation to ensure the enjoyment of this right.
97. Missionary activities and other forms of propagation of religion are part
of the right to manifest one’s religion or belief. They may be limited only under
restrictive conditions, and the Special Rapporteur disapproves of the
criminalization of certain acts specific to the propagation of one’s religion.
98. Certain forms of actions aimed at converting other persons, although not
raising concern in human rights terms, do raise concern insofar as they disturb
religious tolerance and harmony and may provoke religious intolerance. The
individuals and organizations concerned should abide strictly by relevant codes
of ethics, including the Code of Conduct for International Federation of Red
Cross and Red Crescent Societies and NGOs in Disaster Relief, as well as
guidelines adopted by religious organizations.
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