A/53/279
I. Introduction
1.
At its forty-second session, the Commission on Human
Rights decided, by resolution 1986/20 of 10 March 1986, to
appoint for one year a special rapporteur to examine incidents
and governmental actions in all parts of the world inconsistent
with the provisions of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on
Religion or Belief, and to recommend remedial measures.
2.
The mandate of the Special Rapporteur has been
regularly extended, in particular by resolution 1998/18 of the
Commission on Human Rights at its fifty-fourth session. Since
1988, the Special Rapporteur has been submitting annual
progress reports to the Commission on Human Rights
(E/CN.4/1987/35;
E/CN.4/1988/45
and
Add.1;
E/CN.4/1989/44; E/CN.4/1990/46; E/CN.4/1991/56;
E/CN.4/1992/52; E/CN.4/1993/62 and Corr.1 and Add.1;
E/CN.4/1994/79;
E/CN.4/1995/91
and
Add.1;
E/CN.4/1996/95 and Add.1 and 2; E/CN.4/1997/91 and
Add.1; E/CN.4/1998/6 and Add.1 and 2) and, since 1994, to
the General Assembly (A/50/440, A/51/542 and Add.1 and
2, A/52/477 and Add.1).
3.
This interim report is submitted pursuant to General
Assembly resolution 52/122 of 12 December 1997.
II. Initiatives of the Special Rapporteur
concerning, on the one hand, the
identification of legislation in the
field of tolerance and nondiscrimination concerning religion
or belief and, on the other, the
development of a culture of tolerance
A. Legislation
4.
As he explained in his report on the implementation of
the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief
(E/CN.4/1998/6), pursuant to the provisions of the
Declaration, resolutions of the Commission on Human Rights
and of the General Assembly, studies by special rapporteurs
and reports of the Secretary-General in the area of freedom
of religion and of belief, the Special Rapporteur decided to
undertake a new initiative, namely by preparing an
international compendium of constitutional and legislative
provisions concerning religion and belief. This compendium
– which would, of course, have to be updated regularly –
would serve as a basic yardstick for a thorough knowledge of
the legal situation of States in the area of religion and belief,
and for preparing in situ visits and even for examining
allegations in the area of tolerance and non-discrimination
based on religion or belief and therefore for the drafting of
communications. It would provide a unique opportunity for
highlighting and understanding the positive contributions of
the bodies of law of the various States, the limitations or
obstacles that they may constitute and of how they evolve over
time.
5.
Accordingly, in 1997, the Special Rapporteur wrote to
all States 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.
6.
To date he has received information from the following
43 States: Algeria, Armenia, Bangladesh, Bolivia, Cambodia,
Cape Verde, Chile, Cuba, Cyprus, Czech Republic, Denmark,
Djibouti, Dominican Republic, Ecuador, Estonia, Ethiopia,
Finland, France, Indonesia, Israel, Italy, Japan, Jordan,
Kuwait, Malta, Mauritius, Namibia, Pakistan, Poland,
Portugal, Qatar, Republic of Korea, San Marino, Saudi
Arabia, Seychelles, Sudan, Sweden, Switzerland, the former
Yugoslav Republic of Macedonia, United Kingdom of Great
Britain and Northern Ireland, Uruguay, Venezuela,
Yugoslavia.
7.
The Special Rapporteur calls on all other States to help
expand the effectiveness of his mandate by sending copies of
their legislation so as to increase understanding of and
familiarity with their legal situation.
B. Culture of tolerance
8.
The development of a culture of tolerance depends
essentially on education. Education can be decisive in
inculcating values predicated on human rights and fostering
tolerant, non-discriminatory attitudes and behaviours. The
school, as an essential element in the educational system, may
constitute an essential and preferred vehicle for the
prevention of intolerance and discrimination through the
dissemination of a culture of human rights.
9.
Starting with the International Conference on Human
Rights, which was held in Tehran in 1968, in the context of
review of the progress made since the adoption of the
Universal Declaration on Human Rights and the development
of a programme for the future, States were invited to ensure
that all educational means were used so that youth might grow
up and develop in respect for the dignity of man and equal
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