A/54/386 of non-combatant or civilian character, in the public interest and of not punitive nature. Moreover, it should be pointed out pursuant to article 4 of the International Covenant on Civil and Political Rights, freedom of belief cannot be subject to limitations, on the understanding that it is distinct from the freedom to manifest a belief, which can be subject to limitations as provided for by international law. 37. Sri Lanka. Two Seventh Day Adventists, including a pastor and pastor’s son, were reportedly arrested in 1998 and are said to have been detained since then on the basis of apparently unjustified suspicion of involvement in terrorist activities. The Special Rapporteur would like to receive the views and comments of the Government of Sri Lanka as soon as possible. 38. Tajikistan. The national legislation reportedly does not guarantee the right to conscientious objection on grounds of religious belief. 39. Turkmenistan. The President of the Central Asian Conference of Seventh Day Adventists has reportedly had books written by him confiscated. This congregation is said not to have been registered by the authorities in the town of Ashgabat. 40. Yemen. The right to conscientious objection on grounds of religious belief is reportedly not recognized by law. B. Second series of communications and replies 41. Afghanistan. The Taliban continue to apply a system of discrimination against women based on their own interpretation of Islam. Women are subjected to total segregation within society, such as exclusion from any employment and from educational institutions. Their status as second class citizens is said to be reflected in the following prohibitions: they are not allowed to drive, they are kept separate from men in buses, they have to be accompanied by a close male relative whenever they leave the home and whenever they visit a doctor, doctors are not allowed to touch women patients, they are required to wear the burqa. 42. Saudi Arabia. The legislation, which is said to be based on religious norms, is reportedly not gender-based. Women are said to be discriminated against in the following ways: they are not allowed to drive a motor vehicle, they enter buses by an entrance separate from that for men and sit in a section different from that for men, they enjoy limited access to public facilities when men are present, they require the authorization of a close male relative for admission to hospital treatment and for travel abroad, they can study abroad only if they are accompanied by the spouse or an immediate male relative, when in public, they are required to observe the rules governing dress, in the shariah courts, testimony by a man is said to be equivalent to the testimony of two women, in divorce cases, women have to show legally specified grounds, something which is reportedly not required of men. 43. Saudi Arabia asked the Special Rapporteur to indicate “(1) the basis on which this allegation has been raised within the mandate of the Special Rapporteur on the question of religious intolerance, (2) what is the connection between the Commission on Human Rights resolution 1998/8 and the status of women in Saudi Arabia and (3) what is the relevant link which the Office of the High Commissioner for Human Rights deems appropriate between the status of women in Saudi Arabia and the term ‘religious intolerance’”. The Special Rapporteur informed the Government of Saudi Arabia that the Commission on Human Rights, in its resolution 1999/39 entitled “Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief”, urged States 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, and also including practices which violate the human rights of women and discriminate against women. It also stressed the need for the Special Rapporteur on religious intolerance to apply a gender perspective, inter alia through the identification of gender-specific abuses, in the reporting process, including in information collection and in recommendations. In his last report to the Commission on Human Rights (E/CN.4/1999/58), the Special Rapporteur analysed the communications from the standpoint of the principles, rights and freedoms enunciated in the Declaration. This analysis included seven categories of violations, in particular violations against women. Non-discrimination for reasons of, inter alia, sex is also covered by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These provisions were also included in resolution 1998/18 relating to the mandate of the Special Rapporteur. Communications sent by the Special Rapporteur relating to the situation of women that are reportedly based on religious norms cover any country and any religion, and not in particular the Kingdom of Saudi Arabia. The Special Rapporteur also asked the Government 7

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