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Discrimination Based on Religion or Belief can only be achieved if due account
is taken of the underlying complex factors which hamper the enjoyment of these
rights, since sectarian and intransigent attitudes may often be linked to
socio-economic and other inequalities. The further strengthening of democracy
in many countries and the introduction of adjustments in the appropriate legal
and constitutional framework can contribute to the creation of a new climate
of religious harmony and tolerance.
88.
As he has indicated in the report he presented to the Commission on Human
Rights at its forty-eighth session, the Special Rapporteur was particularly
pleased and encouraged by the number of Governments which, in responding to
his questionnaire, expressed their readiness to receive technical and advisory
assistance from the United Nations Centre for Human Rights. He invites all
Governments which are faced with tensions of a religious nature to avail
themselves of these services as they can only serve to strengthen the
cooperation which many of them have already developed with United Nations
human rights mechanisms.
89.
The Special Rapporteur wishes to reiterate the recommendations he has
already formulated in his previous reports, namely that States which have not
already done so should ratify the relevant international human rights
instruments and avail themselves of the machinery already available for
monitoring their implementation. States should also continue actively to
consider the usefulness of preparing a binding international instrument on the
elimination of intolerance and discrimination based on religion or belief, in
the light of the recommendations put forth by Mr. Theo van Boven, expert of
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities, in his working paper (E/CN.4/Sub.2/1989/32) on the subject.
90.
The Special Rapporteur is of the opinion that States ought constantly to
monitor the climate which may engender violations of the rights enshrined in
the Declaration as well as their own legislation with a view to detecting
shortcomings and making the necessary changes by establishing the required
constitutional and legal guarantees to protect these rights. Appropriate
amendments should be introduced into existing constitutional and legal systems
if they are inconsistent with the provisions of the Declaration.
91.
States should also be more energetic in introducing effective
administrative and judicial remedies available to victims of religious
intolerance and discrimination that would be concerned with penalizing
incidents arising from those phenomena. Conciliation arrangements and other
mechanisms dealing with disputes arising from acts of religious intolerance
ought to also be envisaged. In view of the fact that impunity contributes
significantly to the persistence of human rights violations, national
institutions to promote tolerance in matters of religion and belief should
also be created.
92.
The Special Rapporteur would like to reiterate the importance of
disseminating the principles contained in the Declaration among lawmakers,
judges, lawyers and civil servants in order to enable them actively to