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guaranteeing of freedom of belief as an absolute right. The State is therefore called on to
investigate the cases and situations in question and to take all appropriate steps, for example, to
ensure that prayers and religious ceremonies are not obligatory and to make arrangements for
pupils who are non-believers or do not wish to take part in religious activities at school.
Precautions should also be taken to ensure that such arrangements do not constitute a source of
marginalization or passive discrimination against non-believers and non-practitioners.
Indigenous peoples
162. The Special Rapporteur recommends that the official policy in favour of indigenous
peoples should be continued and, most importantly, strengthened in order to end the
marginalization of indigenous people and thus promote their complete development, both as
individuals and in a community framework, in the economic, social, cultural and religious fields.
At stake is not only the full integration of indigenous people into Argentine society, but also the
safeguarding of their identity and their traditions. In that regard, it is vital that the State and
agencies such as INAI should fully involve indigenous representatives in drawing up and
carrying out policies, legislation and measures relating to them, under a cooperative and not a
paternalistic approach. The Special Rapporteur also recommends that the Government, in
consultation with indigenous representatives, should carry out and publish a study on the impact
of legislation adopted to benefit indigenous people in order to take stock of progress made and
difficulties encountered and to make appropriate recommendations.
163. Concerning the religious sphere in the strict sense and the matter of the return of land
(of religious significance to indigenous people), as well as certain economic and religious
conflicts in this area, the Special Rapporteur wishes to point out that freedom of belief, and that
of indigenous people in particular, constitutes a fundamental issue and requires protection to be
strengthened further. The freedom to profess one’s belief is recognized, but can be subject to
restrictions insofar as they are strictly necessary and provided for in article 1, paragraph 3, of the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief, as well as article 18 of the International Covenant on Civil and Political
Rights. The expression of such belief may be reconciled with other rights and legitimate
concerns, including those of an economic nature, but after taking due account, on a footing of
equality (in accordance with each person’s system of values), of the rights and demands of those
involved. Access for indigenous people to their holy sites and burial grounds of religious
significance is a fundamental right in the sphere of religion and one whose exercise must be
guaranteed in accordance with the provisions of international law on the matter, as mentioned
above. On the specific issue of the return of human remains of religious importance for the
indigenous people which are located in museums and similar institutions, there is a need for the
State to cooperate to ensure that all obstacles are removed and that the remains are returned as
soon as possible. The Special Rapporteur also recommends that, following consultations and
agreement with indigenous representatives, the bill on freedom of religion prepared by the
Secretary of Worship should take into consideration the special position of indigenous people in
respect of religion and its manifestations.