E/CN.4/2006/5
page 7
12.
The following issues were raised with the Governments: freedom to adopt, change or
renounce a religion or belief as well as freedom from coercion; the right to manifest one’s
religion or belief; freedom to worship; places of worship; religious symbols; registration; the
right to appoint clergy; and the freedom of religion or belief of detainees. The question of
conscientious objection was also addressed in several communications. Moreover, the Special
Rapporteur has received an important number of reports alleging discrimination on the basis of
religion or belief, including inter-religious discrimination, intolerance, as well as gender
discrimination. Indeed, almost a quarter of the communications sent were related to the
discrimination aspect of the mandate. The Special Rapporteur has, as in the previous period,
sent communications to some Governments requesting information on legislative issues.
13.
A significant proportion of the communications were sent concerning cases in which
violations of the right to freedom of religion or belief were coupled with violations of other
human rights. For instance, there have been cases where freedom of expression was also violated
and where the situation concerned intra-religious conflicts and/or incitement to religious hatred.
There were further communications sent with regard to alleged cases of torture or ill-treatment of
persons held in custody on the basis of their religion or belief, one case of death in custody, as
well as recurring cases of religiously motivated forms of punishment such as stoning and
flogging. As mentioned above, in cases which raised a number of human rights violations, the
Special Rapporteur acted jointly with other relevant mandates.
14.
At the time of writing, the Special Rapporteur had received 38 responses from 25 States:
Armenia, Azerbaijan, Bangladesh, Belarus, Belgium, China, Greece, Indonesia, Iran (Islamic
Republic of), Jordan, Kazakhstan, Kuwait, Maldives, New Zealand, Pakistan, the Republic
of Korea, the Russian Federation, Serbia and Montenegro, Sri Lanka, Turkey, Turkmenistan,
the United Kingdom of Great Britain and Northern Ireland, the United States of America,
Uzbekistan and Viet Nam. The Special Rapporteur expresses her appreciation to those
Governments that have provided comprehensive replies to her communications. The Special
Rapporteur also thanks the Governments of China, Kazakhstan, Pakistan, the Russian Federation
and Serbia and Montenegro for their replies to communications mentioned in previous reports to
the Commission.
15.
There has been an improvement in the quantity, but most significantly in the substance,
of responses to the Special Rapporteur’s communications. These improvements may be due, in
part, to the increased efforts to tailor each communication to a given situation, as well as to ask
specific questions in every communication. While the Special Rapporteur is pleased by these
developments, she is constantly trying to find means of improving the mechanism. In this
regard, she has elaborated a framework for responding to individual communications. The
framework, the content of which is developed in section III and described in detail in the annex,
is intended primarily as a tool for the Special Rapporteur, to enable her to draw the attention of
the relevant Government to the international standards that are relevant to the particular nature of
each alleged violation.
16.
A summary of communications sent from 12 November 2004 to 30 November 2005 and
responses received from Governments by 30 January 2006 is contained in addendum 1, which
also contains the Special Rapporteur’s observations on the concerns raised.