E/CN.4/1992/52
page 170
155. The Government of Canada stated that the Canadian Charter of Rights
and Freedoms provided that anyone whose Charter rights or freedoms had
been infringed could apply to a court for an appropriate and just remedy.
In addition, Canadian human rights legislation provided a wide spectrum of
remedies with the Human Rights Tribunal for persons whose rights have been
infringed under the Canadian Human Rights Act.
(i)
Conciliation arrangements to which victims of religious intolerance
may turn for protection
156. The Special Rapporteur noted that a variety of such arrangements exists.
However, the countries which replied to the questionnaire did not provide a
detailed description of how they are implemented. The majority of Governments
merely indicated which national bodies may be considered as acting to that
effect. In their answers to the questionnaire, Governments indicated that
victims of religious intolerance could address themselves, inter aliat to the
High Court, non-governmental organizations, private human rights commissions,
professional associations or to an ombudsman. A number of coutries informed
the Special Rapporteur that they envisaged the setting up of conciliation
arrangements, for example the institution of ombudsman. In some countries,
a conciliation role is performed by national commissions on human rights,
parliamentary human rights commissions and the Office of the Attorney-General.
In addition to domestic law, a number of Governments indicated that
conciliation could be sought under international treaties such as the
Inter-American Convention on Human Rights.
157. The Special Rapporteur has observed that countries have adopted a
variety of approaches in this respect. In its answer to the questionnaire,
the Government of Australia stated that the Human Rights and Equal Opportunity
Commission Act empowered the Human Rights Commission to inquire into any act
or practice that might constitute discrimination and to effect a conciliated
settlement, and that this also applied to the the rights and freedoms
recognized in international human rights instruments. The Government of
Colombia stated that the Office of the Presidential Adviser for the Defence,
Protection and Promotion of Human Rights served as a channel of communication
for individuals and organizations addressing themselves to the State for
redress of rights and that the Office of the Attorney-General could also
undertake disciplinary proceedings in matters relating to human rights.
The Government of Colombia also stated that municipal attorneys have been
empowered to act as ombudsman in municipal committees for the defence,
protection and promotion of human rights.
158. According to the Government, conciliation in Ecuador may be sought
through governmental and non-governmental bodies such as the Human Rights
Commission of the National Congress, the Ad Hoc Commission on Human Rights of
the Court of Constitutional Guarantees, the Ecumenical Human Rights Committee,
the National Human Rights Commisson and the Committee for the Defence of Human
Rights in the city of Guayaquil. The Government of Canada stated that the
Human Rights Commission could appoint a conciliator. In its reply to the
questionnaire, the Government of Iraq indicated that, besides applying to
the National Commission on Human Rights, victims of discrimination could