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