A/64/159
I. Introduction
1.
The mandate of the Special Rapporteur on freedom of religion or belief was
created by the Commission on Human Rights in its resolution 1986/20. 1 In its
resolution 6/37, 2 the Human Rights Council concludes that there is a need for the
continued contribution of the Special Rapporteur to the protection, promotion and
universal implementation of the right to freedom of religion or belief and decides
therefore to extend the mandate of the Special Rapporteur for a further period of
three years. The General Assembly, in its resolution 63/181, requests the Special
Rapporteur to submit an interim report to the General Assembly at its sixty-fourth
session and decides to consider the question of the elimination of all forms of
religious intolerance at its sixty-fourth session under the item entitled “Promotion
and protection of human rights”.
2.
The Special Rapporteur has outlined the terms of reference, methods of work
and legal framework of her mandate in previous reports to the Commission on
Human Rights, the General Assembly and the Human Rights Council. 3 She
continuously identifies areas of concern and methods of work in order to effectively
fulfil her mandate. The Special Rapporteur would like to highlight that the mandate
addresses the right of individuals to freedom of religion or belief; however, the
specificity of the mandate often requires her to deal also with the collective rights of
religious or belief communities. The relationship between the State and religious
communities is complex and the Special Rapporteur addresses this issue in various
situations and circumstances. In this regard, she recognizes, on the one hand, the
difficulties faced by Governments to stay neutral, and, on the other hand, the
obligation to intervene when acts or omissions by religious or belief communities
violate the fundamental rights and freedoms of others. The Special Rapporteur
would like to emphasize the fundamental obligations of Governments towards
freedom of religion or belief, for example with regard to equality and
non-discrimination. States should also devise proactive strategies to safeguard
individuals and religious or belief communities against discrimination based on
religion or belief. In addition, States are obliged to prohibit by law any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence.
3.
The twenty-first century and the continued process of globalization pose a
series of new challenges in the context of freedom of religion or belief. These
challenges include, for example, the use of religious beliefs for political purposes
and the dissemination of religious intolerance and stereotypes via new information
technologies. Other contentious issues seem to be the emergence of new religious
movements and the involvement of religious groups in the framework of
humanitarian assistance in crisis situations. Against this background, the Special
Rapporteur undertakes activities that may be articulated around the principles of
prevention and protection. Prevention and protection play a crucial role in
challenging religious intolerance, and both aspects will remain central to her
mandate.
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1
2
3
4
See Official Records of the Economic and Social Council, 1986, Supplement No. 2 (E/1986/22),
chap. II, sect. A.
See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53),
chap. I, sect. A.
See, for example, E/CN.4/2005/61, A/60/399 and A/HRC/10.8.
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