A/HRC/16/53
C.
Examination of incidents and governmental actions incompatible with
the provisions of the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief and
recommendation of remedial measures as appropriate
11.
The Special Rapporteur has continued to engage in constructive dialogue with States
by sending them communications to seek clarification on credible allegations of incidents
and governmental actions incompatible with the provisions of the 1981 Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
Since 1986, the Special Rapporteur has sent more than 1,200 allegation letters and urgent
appeals to a total of 130 States. The communications sent by the Special Rapporteur
between 1 December 2009 and 30 November 2010, and the replies received from
Governments, are summarized in his latest communications report (A/HRC/16/53/Add.1).
The Special Rapporteur continues to include in the report practical recommendations of
remedial measures as appropriate in the observations to each of these cases.
12.
The Special Rapporteur’s communications cover a wide range of thematic issues,
including allegations of disappearances, torture, arrest and detention of individuals
belonging to religious minorities or belief communities. Another major issue of concern is
intercommunal violence which has unfortunately resulted in the killing of hundreds of
persons, including many women and children. The communications also relate to death
threats against and discrimination of converts as well as statements inciting violence
directed against members of religious minorities. The Special Rapporteur has also taken up
allegations of public manifestations of religious intolerance, stigmatization of persons based
on their religion or belief and public announcements of disrespectful acts. Further cases
involve attacks on places of worship and religious tensions related to religious sites,
including cemeteries. In addition, allegation letters were sent with regard to the situation of
asylum-seekers who were due to be forcibly returned to their home countries where their
life or freedom would be threatened on account of their religion. The Special Rapporteur
has also analysed constitutional and legislative systems as well as draft legislation that fail
to provide adequate and effective guarantees of freedom of thought, conscience, religion
and belief to all without distinction. Some communications deal with cases of conscientious
objectors who have been sentenced, or risk imprisonment, for refusing to serve in the
country’s military because of their beliefs.
13.
Country visits offer further opportunities to examine and analyse such incidents and
governmental actions in greater detail. Conclusions and recommendations in mission
reports can be tailored to the domestic legislation, bills, policies and their implementation.
Since the establishment of the mandate, the Special Rapporteur has conducted 31 country
visits, including one follow-up mission. A list of the country visits is contained in the
Special Rapporteur’s previous report to the Human Rights Council (A/HRC/13/40, para.
13). The Special Rapporteur would also like to highlight that the Universal Human Rights
Index of United Nations Documents, an online research tool,5 provides easy access to
country-specific human rights information by compiling conclusions and recommendations
addressed by United Nations independent experts to specific countries in view of improving
the human rights situation.
5
See www.universalhumanrightsindex.org.
5