E/CN.4/2004/63
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Analysis of State reactions
111. It can be seen from table 6 that although the percentage of replies received within the
deadline has fallen considerably, if the late replies are also taken into account it increases. This
development can be explained by and coincides with the surge in the number of communications
and States concerned during this period. The explanation proves to be that in this new situation
States have not always been in a position to reply within the deadline established. The majority
of States, however, are adapting to this development by replying to the communications
nevertheless, although generally somewhat late.
112. As regards the urgent appeals, apart from the year 1995 when this new procedure was
introduced, response rates tend to be satisfactory.
113. Response rates nevertheless need to improve; this presupposes better cooperation from all
States, particularly those that have never replied since the inception of the mandate (these are:
Angola, Benin, Cambodia, Comoros, Dominican Republic, Gabon, Kenya, Liberia, Malawi,
Mali, Nauru, Niger, Papua-New Guinea, Qatar, Samoa, Sierra Leone, Somalia, South Africa,
Uganda and Zimbabwe). Generally speaking, many States have difficulty in coping with the
numerous requests addressed to them by mechanisms the numbers of which are constantly on the
increase for reasons that are basically political.
114. Such situations, that are not specific to the mandate on freedom of religion or belief,
should occupy more of the Commission’s attention. There must be limits to the convenient
tranquillity of silence, especially when that silence is not due to technical considerations.
(b)
Analysis of the merits of communications
Violations of freedom of religion or belief
115. An analysis of communications since the inception of the mandate in respect of the
principles, rights and freedoms set out in the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief makes it possible to establish the
following seven categories of violations:
(a)
Violations of the principle of non-discrimination in matters of religion or belief,
namely, policies, legislation and regulations, practices and acts that discriminate against certain
communities, particularly when they are minorities or do not belong to the official religion.
There are cases in this regard concerning Egypt, France, Islamic Republic of Iran and the United
States of America;
(b)
Violations of the principle of tolerance in matters of religion or belief, namely,
policies, practices and acts of religious intolerance by the State and society, particularly on the
part of non-State entities such as communities of religion or belief and political and religious
groups, the strongest manifestations of which verge on religious (inter- and intra-religious)
extremism. The media also play a role in propagating a climate of intolerance vis-à-vis certain
communities, particularly minority communities. Cases in this regard concern Georgia,
Indonesia and Viet Nam;