E/CN.4/1998/6
page 4
13.
Similarly, in 1986, the Special Rapporteur on religious intolerance,
Mr. Angelo Vidal d'Almeida Ribeiro, identified legislative provisions in the
context of factors that may hamper the implementation of the 1981 Declaration,
in his analysis of the information collected which might give rise to
communications. The Special Rapporteur also made a comparative study of the
national legislation of various countries on the basis of replies by States to
a questionnaire on the subject (reports E/CN.4/1991/56 and E/CN.4/1992/52).
As a result of his research, the Special Rapporteur considered that States
should constantly monitor possible violations of the right to freedom of
religion and belief and should endeavour to adapt their legislation to
existing international standards, in particular the 1981 Declaration. They
should also establish the necessary constitutional and legal guarantees to
protect the rights enshrined in the Declaration and should envisage the
introduction of appropriate mechanisms to ensure the active implementation of
these norms. The Special Rapporteur noted the discrepancies that often
existed between general provisions and the texts of laws and regulations,
which might result in measures infringing the right to freedom of religion and
belief. He was of the opinion that decisive steps ought to be taken worldwide
to introduce effective administrative and judicial remedies. These remedies
should be clearly defined and should be particularly concerned with penalizing
incidents and measures inconsistent with the standards concerned.
14.
The Secretary-General gathered several legal texts which he incorporated
in a “Compendium of the national legislation and regulations of States on the
question of freedom of religion or belief with particular regard to the
measures taken to combat intolerance or discrimination in this field”
(E/CN.4/1986/37 and Add.2 to 5; E/CN.4/1987/34; E/CN.4/1988/43 and Add.1
to 7).
15.
When the Special Rapporteur, Mr. Abdelfattah Amor, took up his office,
he invited States to communicate to him any new information falling within his
mandate and any other comments which they might wish to make. Most of the
replies received made particular reference to constitutions, laws and
regulations and to legal measures to combat intolerance and discrimination
with regard to religion and belief (E/CN.4/1995/91 and Add.1).
16.
In carrying out his mandate and in order to gain a better insight into
constitutional and legal guarantees of freedom of religion and belief, the
Special Rapporteur decided to continue with his initial approach by further
concentrating his search for information from States and requesting the text
of the constitutions in force or any equivalent instruments, and also
legislation and regulations relating to religious freedom and the practice of
worship. For the Special Rapporteur, this was a means of obtaining
documentation in the legal sphere covering all States and also of updating the
documentation obtained in the course of his missions or in the context of his
communications or replies from States. Clearly a compendium of national
enactments on or relating to freedom of religion and belief constitutes a
vital means of comparison, analysis, appreciation and follow-up. With
regular updating, through the information which it transmits and which
should be made available to all persons involved in matters of religion or
belief, it could constitute a basic yardstick against which the different
situations of any kind could be examined in a sufficiently well-founded
manner, in the light, naturally, of the internationally established standards.