E/CN.4/1987/35
page 10
IV.
ANALYSIS OF THE INFORMATION COLLECTED
28. On the basis of the information which he was able to obtain from the
various sources mentioned above, the Special Rapporteur has endeavoured to
present an overall view of incidents and governmental measures incompatible
with the provisions of the Declaration on the Elimination of All Forms of
Intolerance and Discrimination Based on Religion or Belief. Obviously, the
picture is neither comprehensive nor exhaustive, nor does it include all the
situations that reveal incompatibility with the provisions of the
Declaration; an analysis of the information received shows clearly the
extreme range and variety of those situations which the Special Rapporteur has
noted, to date, in more than 40 countries and in widely varying forms. The
allegations of intolerance and discrimination brought to the attention of the
Special Rapporteur concern the followers of a broad spectrum of religions and
sects, such as those of Hare Krishna, tribal or aboriginal religions,
Seventh Day Adventists, Ahmadis, Aramaens, Armenians, Assyrians, Baha'is,
Baptists, Buddhists, Roman Catholics, Uniat Catholics, Copts, Evangelists,
Hindus, Jews, Muslims, Orthodox Church members, Pentecostals, Protestants,
Sikhs and Jehovah's Witnesses. To identify the general trends and
characteristics of the problem of religious intolerance as defined in the
Declaration, the information collected has been reassembled according to
several criteria; first, the factors the existence of which seems to
constitute an obstacle to the implementation of the provisions of the
Declaration have been identified; secondly, various types of infringement of
the provisions of the Declaration have been identified in the light of the
relevant articles; thirdly, information has been provided on the negative
repercussions of infringements of the provisions of the Declaration on the
enjoyment of various human rights.
A.
Factors hampering the implementation of the Declaration
1.
Legislative provisions
29. While a detailed examination of national laws and regulations relating to
freedom of religion or belief is outside the scope of the current mandate,
which is more particularly concerned with specific incidents and measures that
endanger this freedom, there does seem to be an undeniable relationship
between certain legislative provisions and the occurrence of incidents or
measures that reveal intolerance in matters of religion or belief.
30. The existence, both necessary and desirable, in constitutions or other
texts of national legislation, of provisions establishing the principle of
freedom of religion and belief does not, however, constitute an absolute
guarantee of respect for this principle, and there are unfortunately many
instances of persecution or other manifestations of religious intolerance,
despite the adoption of such legislative provisions. Such a state of affairs
makes even more alarming the existence in the legislation of certain countries
of provisions which call into question or reduce the scope of this principle
and which are incompatible with the 1981 Declaration.
31. While the case of one country the legislation of which proclaims that it
is "the first atheist State in the world" and where religion has been decreed
to be illegal by an Act of Parliament is exceptional, a spectrum of