E/CN.4/1996/95/Add.2
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his mandate, remain vigilant about developments in their situation in the
field of tolerance and non-discrimination based on religion or belief.
105. The Special Rapporteur wishes to express his concern about the other
non-Muslim Baha’i and Protestant minorities, while recognizing and welcoming
the recent first indications of improvement in some fields.
106. With regard to the Baha’is, the Special Rapporteur hopes that a clear
distinction will be drawn between questions of belief and other questions of a
political nature if the latter exist or arise. In that connection, it should
not be presumed that the entire community has been politicized or is engaged
in political or espionage activities. Considering the religious principles of
the Baha’i community, the Special Rapporteur believes that there should not be
any controls that might, through prohibition, restrictions or discrimination,
jeopardize the right to freedom of belief or the right to manifest one’s
belief. He also wishes to point out that article 1, paragraph 3, of the 1981
Declaration stipulates that: "Freedom to manifest one’s religion or belief
may be subject only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health or morals or the fundamental
rights and freedoms of others."
107. For this reason, the Special Rapporteur recommends that the ban on the
Baha’i organization should be lifted to enable it to organize itself freely
through its administrative institutions, which are vital in the absence of a
clergy, and so that it can engage fully in its religious activities.
Likewise, all the community and personal property that has been confiscated
should be returned and the places of worship that have been destroyed should
be reconstructed, if possible, or, at least, should form the subject of
compensatory measures in favour of the Baha’i community. The Baha’is should
also be free to bury and honour their dead. Concerning freedom of movement,
including departure from Iranian territory, the Special Rapporteur believes
that the question on religion should be deleted from passport application
forms and that this freedom should not be obstructed in any way.
108. While recognizing the freedom to change one’s religion, the Special
Rapporteur believes that it is essential that any conversion should result
from free choice and not from coercion.
109. The Special Rapporteur wishes to emphasize that no discrimination should
impede access by the Baha’is to education in higher educational establishments
or to employment in the administration and in the private sector.
110. With regard to the judiciary, the Special Rapporteur reiterates the
recommendations formulated concerning the recognized minorities.
111. On the subject of security of person, the Special Rapporteur notes with
satisfaction that there has been an improvement in the situation with regard
to arrests and, apparently, executions. He points out that the physical
integrity of any person should not be affected by the person’s religion or
belief.
112. The Special Rapporteur calls on the Iranian authorities to review or set
aside the death sentences passed on Baha’is and to promulgate amnesties or any
other appropriate measures to prevent the enforcement of the penalties
imposed.