A/54/386
religion and human rights, as the Special Rapporteur
suggested earlier.
146. As regards minorities, it will be recalled that the
Commission on Human Rights, in resolution 1999/39,
expressed its deep concern at the increase in the violence
and discrimination against religious minorities, including
restrictive legislation and arbitrary application of
legislative and other measures. The Commission urged
States, in conformity with international standards of
human rights, to take all necessary action to combat hatred,
intolerance and acts of violence, intimidation and coercion
motivated by intolerance based on religion or belief, with
particular regard to religious minorities. In addition to
prevention through the elaboration of an international
educational strategy to combat all forms of intolerance and
discrimination based on religion or belief, which would of
course address the question of religious minorities, the
Special Rapporteur wishes to underline the vital role
played by the Working Group on Minorities (of the
Subcommission on the Promotion and Protection of Human
Rights) in the consideration of the promotion and
observance of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic
Minorities, the exploration of possible solutions to
problems affecting minorities and the formulation of
recommendations for the adoption of new measures to
ensure the promotion and protection of their rights. The
Special Rapporteur might want to contact the Working
Group in order to consider possible avenues of cooperation
in such matters as seeking solutions for acts of
discrimination and intolerance affecting religious
minorities.
147. Where sects or new religious movements are
concerned, the Special Rapporteur considers that the time
has come to initiate appropriate methods for examining
this question calmly, without emotion and without bias, in
such a way as to ensure that freedom of religion and belief
is not manipulated and is permitted to serve the purpose
which justified its legal consecration and protection, and
to serve that purpose alone. As “sects” or “new religious
movements” do sometimes commit abuse, the authorities
are right to be concerned and it is their duty to take action
to enforce the law. This duty must lead to the application
of penal law, and even its improvement, in order to
penalize any abuse of property or person. This does not
mean that the State should conduct a witch-hunt which
would breed intolerance and discrimination and would
contravene international law. Education can also play a
vital role in relation to such abuse. As Danièle HervieuxLéger, the sociologist, stated, the best remedy is common
sense, discernment and the inculcation of a critical spirit.
The Special Rapporteur reiterates his recommendation for
a comprehensive study of the question (with the caveat that
“sect” and “new religious movement” both cause
difficulties in that they lump together various situations,
thereby resisting serious analysis).
148. As regards all the problems discussed above
(religious extremism, policies affecting freedom of religion
and belief, discrimination attributed to religion and
affecting women), the Special Rapporteur is of the opinion
that religions are very often taken advantage of. It is
therefore important to promote further the role which
religions can play in conflict prevention and resolution and
in reconciliation. In this regard, the Special Rapporteur
welcomes the initiative taken in July 1999 by 40
representatives of the Orthodox, Catholic, Protestant,
Muslim and Jewish religions to ensure the participation of
religions in the dialogue and peace effort in the Balkans.
In their final declaration, these religious leaders undertook
to promote or encourage every effort to promote education,
tolerance and social justice and to combat discrimination.
149. Manifestations of racism, racial discrimination,
xenophobia and intolerance may overlap with
manifestations of intolerance and discrimination based on
religion and conviction. As requested by the Commission
on Human Rights, the Special Rapporteur, in his
contribution to the World Conference against Racism,
should be able to help identify solutions designed to
prevent and eradicate such evils.
150. In accordance with the principle of interdependence
of human rights, any action to promote tolerance and
non-discrimination is intrinsically interrelated with action
to promote democracy and development.
151. The effectiveness of activities to combat and prevent
every kind of violation and abuse against freedom of
religion and belief requires the following changes.
152. As regards the change in the title of his mandate, the
Special Rapporteur is gratified that the Commission on
Human Rights, in resolution 1999/39, noted “the request
of the Special Rapporteur to change his title from Special
Rapporteur on religious intolerance to Special Rapporteur
on freedom of religion or belief” and decided “to consider,
at its fifty-sixth session, changing the title”. The Special
Rapporteur very much hopes that this change will be
approved in order to lend more weight to his mandate
while maintaining his function in relation to incidents and
governmental measures incompatible with the 1981
Declaration, to take account of the content of resolutions
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