E/CN.4/1992/52
page 176
majority Shia religious community in Iraq and constitute an infringement of
the provisions of the Declaration. They range from the enforced disappearance
of numerous clergy and members of their families to the destruction and
desecration of shrines, places of worship and cemeteries.
177. The Special Rapporteur has also noted with concern that members of the
clergy belonging to various Christian denominations have continued to be
subjected to intimidation and death threats and have been killed in a number
of countries. Although it may sometimes be difficult to determine whether
such persecution is based on religious or political motives, the Special
Rapporteur nevertheless transmitted allegations concerning such incidents to
the Governments of countries in which they had occurred with a view to
obtaining clarifications. On the other hand, in connection with Commission
resolution 1991/29, his attention was drawn to the situation of members of the
Catholic clergy in Peru engaged in social work with underprivileged segments
of the society who have been attacked and killed by members of armed groups
that spread terror among the population.
178. The Special Rapporteur has also taken due note of resolution 1991/70, in
which the Commission requested representatives of United Nations human rights
bodies to continue to take urgent steps, in conformity with their mandates, to
help prevent the occurrence of intimidation or reprisal as well as prevent
access to United Nations human rights procedures being hampered in any way.
However, during the period under review, no specific incidents or cases
falling within the purview of resolution 1991/70 were reported to the Special
Rapporteur.
179. Since his appointment, the Special Rapporteur has been collecting
information regarding constitutional and legal guarantees of the freedoms
enshrined in the 1981 Declaration and the measures taken by States to combat
intolerance, as well as incidents and governmental actions which might be
inconsistent with the provisions it contains. He has received this
information from Governments, non-governmental organizations, as well as
other, religious and lay, sources. As the Special Rapporteur already
indicated in his previous report, the quantity and variety of this information
has prompted him to select a number of questions which he considers of
particular relevance to his mandate in order better to clarify certain
situations which have been recurrent over the years. As indicated in
chapter III of the present report, on 25 July 1990 he addressed a
questionnaire containing 11 questions to all Governments with a view to
finding out how they deal with such situations in their legislation and
judicial and administrative practice. Section В of chapter III contains an
analysis of their replies.
180. The Special Rapporteur expresses his sincere gratitude to the Governments
which have provided answers to the questionnaire and greatly appreciates their
valuable cooperation in helping him carry out his mandate. The responses he
has received range from direct answers to the questions he asked to general
replies and those containing excerpts from relevant constitutional and legal
provisions. The Special Rapporteur is particularly grateful to the
Governments which provided definitions and detailed answers to every
question. On the other hand, a number of answers were so brief as not to
allow for conclusive insight into a Government's position regarding a specific
issue.