E/CN.4/1987/35
page 3
I.
INTRODUCTION
1.
The question of intolerance and of discrimination based on religion or
belief has been given special attention within the United Nations for many
years. However, despite the fact that the right to freedom of religion and of
belief is recognized as one of the fundamental human rights in several
international instruments, it has to be acknowledged that the phenomenon of
intolerance in matters of conviction or belief continues to be a disturbing
feature in many regions of the world. Admittedly, the phenomenon is an
age-old one which has already caused the loss of many lives by bringing about
many wars and savage repression throughout human history. Moreover, it is
somewhat paradoxical that such manifestations of intolerance have occurred in
the name of religions and convictions, most of which advocate first and
foremost respect for human values and love of one's neighbour. In this
connection, the fact cannot be disregarded that the followers of a particular
religion or belief often tend to consider it to be the only valid
manifestation of the truth. This characteristic, which amounts to a denial of
the right of everyone to be different, is undoubtedly one of the root causes
of intolerance and discrimination based on religion or belief. A number of
other causes have also been recorded, including prejudice, since socio-ethnic
characteristics often make religion a vital identity factor, or the need to
identify a scapegoat responsible for various social and economic evils.
2.
Many studies have been conducted under the aegis of the United Nations to
determine the factors conducive to religious intolerance. They include,
inter alia, the Study of Discrimination in the Matter of Religious Rights and
Practices submitted in 19 59 by Mr. Arcot Krishnaswami, Special Rapporteur of
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities V , and the report undertaken by Mrs. Elizabeth Odio Benito
(E/CN.4/Sub.2/1987/26), also mandated by the Sub-Commission, on the root
causes and current dimensions of the problems of intolerance and of
discrimination on the grounds of religion or belief. Similarly, the
United Nations Seminar on the Encouragement of Understanding, Tolerance and
Respect in Matters Relating to Freedom of Religion or Belief, organized by the
Centre for Human Rights at Geneva from 3 to 14 December 1974 (ST/HR/SER.A/16),
also helped to determine the roots and nature of manifestations of intolerance
in matters of religion or belief. The purpose of this report is not therefore
to analyse the causes of religious intolerance, but rather to attempt to draw
up a list, as it were, of the contradictions still in evidence between the
legislative provisions at the international level in the area of protection
and promotion of the right to freedom of thought, conscience and religion, and
the persistence in all areas of the world of incidents and governmental
actions that are inconsistent with these provisions.
3.
Since 1945, many United Nations agencies have attempted to elaborate
international standards in order to encourage States to pursue one of the
Organization's basic objectives, which, according to the Charter, is to promote
and encourage respect for human rights and for fundamental freedoms for all,
without distinction as to race, sex, language, or religion. This objective is
also set forth in the Preamble to the Universal Declaration of Human Rights,
which states that "... the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people". Article 2 of the
Universal Declaration in its turn rejects any discrimination on the basis of