A/60/399
are sometimes visited by different mandate holders within a relatively short period
of time. The Special Rapporteur welcomes in this respect the cooperation between
special procedures and OHCHR in developing a coordinated effort on some aspects
of the preparation of country visits.
12. More generally, the Special Rapporteur wishes to emphasize the increasingly
beneficial character of the annual meetings of special rapporteurs/representatives,
independent experts and chairpersons of working groups of the special procedures
of the Commission on Human rights. The twelfth annual meeting (Geneva,
20-24 June 2005) allowed improvements in a number of aspects of the cooperation
among special procedures The Special Rapporteur is pleased that the holding of
these annual meetings has become institutionalized.
2.
Preventive action
13. On the basis of the activities carried out since her appointment, the Special
Rapporteur has noted that the present mandate cannot be limited to situations where
the right to freedom of religion or belief has been actually violated, or where there
are clear indications that the right to freedom of religion or belief of persons
identified by name or as part of a group will be violated in the near future. In a
number of situations, the terms of the mandate require the Special Rapporteur to
take appropriate action even in the absence of an actual or imminent violation. This
is, in particular, the case of draft legislation or legislation recently adopted and
dealing with the right to freedom of religion or belief or another aspect of the
mandate. In some instances, such texts contain provisions that are or may when
applied be contrary to the right to freedom of religion or belief and its various
components as recognized by international standards, or raise another concern
within the scope of the mandate.
14. The Special Rapporteur needs to address these situations because they may be
at the origin of actual human rights violations in the near or remote future. To this
end, the Special Rapporteur also uses the “communication” tool, which is an
appropriate way to transmit her concern to the Government in question and through
which she is able to ask questions about the situation.
15. In this regard, the Special Rapporteur would like to draw the attention of
Governments to the fact that communications are not necessarily a way to disclose
human right violations and to blame the perpetrators, but also a way to exchange
information on situations that constitute issues of concern under her mandate and to
find ways to resolve them. The Special Rapporteur therefore urges States to respond
accurately to the questions that are put to them in communications.
3.
Early warning
16. On the basis of the activities carried out since her appointment as well as of
the reports of her predecessor, the Special Rapporteur considers that the particular
scope of application of the mandate on freedom of religion or belief as well as the
related activities allow signs of future crises to be identified and may thus play the
role of an early warning mechanism.
17. It is mainly during country visits that the Special Rapporteur is in a position to
collect relevant information and assess on the ground the status of certain issues that
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