E/CN.4/1987/35
page 6
II.
MANDATE OF THE SPECIAL RAPPORTEUR
12. Since the adoption in November 1981 of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief,
the question of the measures required to implement the provisions of the
Declaration has been considered, at the request of the General Assembly, by
the Commission on Human Rights and the Sub-Commission on Prevention of
Discrimination and Protection of Minorities. The study undertaken by
Mrs. Odio Benito, Special Rapporteur of the Sub-Commission, on the root causes
and current dimensions of the general problems of intolerance and of
discrimination on the grounds of religion or belief was mentioned earlier.
13. On 10 March 1986, the Commission on Human Rights adopted
resolution 1986/20, in which it stated that it was "Seriously concerned by
frequent, reliable reports from all parts of the world which reveal that,
because of governmental actions, universal implementation of the Declaration
has not yet been achieved" (third preambular paragraph) and in which it
decided, in view of incidents and governmental actions inconsistent with the
provisions of the Declaration, "... to appoint for one year a
special rapporteur to examine such incidents and actions and to recommend
remedial measures, including, ... the promotion of a dialogue between
communities of religion or belief and their Governments;" (para. 2 ) .
14. Further, the Special Rapporteur was requested to "... seek credible and
reliable information ..." (para. 4 ) , and invited to "... carry out his work
with discretion and independence" (para. 7 ) .
15. The Commission requested the Special Rapporteur to submit a report to it
"... on his activities regarding questions involving implementation of the
Declaration ... together with his conclusions and recommendations" (para. 8 ) .
16. The Chairman of the Commission, after consultations with the members of
the Bureau, appointed Mr. Angelo Vidal d'Almeida Ribeiro as Special Rapporteur.
17. The provisions of Commission on Human Rights resolution 1986/20 clearly
identify the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief as the framework and basic
reference for the Special Rapporteur's activities, determining, in substance,
the limits of these activities. What is needed is an assessment of incidents
of intolerance and governmental actions connected therewith in the light of
their consistency or otherwise with the provisions of the Declaration.
18. The Declaration proclaims the right to freedom of thought, conscience and
religion, including freedom to have and to manifest, free from coercion, a
religion or belief of one's choice, either individually or in community with
others, in public or private, in worship, observance, practice and teaching
(art. 1 ) . Any distinction, exclusion, restriction or preference based on
religion or belief is prohibited (arts. 2 and 3 ) . States are required to take
effective measures to prevent and eliminate discrimination on the grounds of
religion or belief and to amend their legislation accordingly (art. 4 ) . The
Declaration goes on to address the right of parents to raise their children
according to the religion or belief of their choice, the right of children to
have access to education in the matter of religion or belief in accordance
with the wishes of their parents, and the protection of children from any form
of discrimination on the grounds of religion or belief (art. 5 ) . It also