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degree of religious freedom in countries in which they temporarily reside.
However, he also noted the intransigent attitude of some Governments, which
deny certain rights and freedoms to citizens of countries that they expect to
grant full religious freedom to their own co-religionists.
185. The Special Rapporteur has dealt with several cases of conscientious
objection in the exercise of his mandate, in accordance with the provisions of
the Declaration. He felt that it would be appropriate to establish a set of
criteria regarding this issue. The responses to the questionnaire provided
additional insight which helped him to formulate his views on the matter more
precisely. Conscientious objectors should be exempted from combat but could
be required to perform comparable alternative service of various kinds, which
should be compatible with their reasons for conscientious objection, should
such service exist in their country. To avoid opportunism, it would be
acceptable if this service were at least as onerous as military service, but
not so onerous as to constitute a punishment for the objector. They could
also be asked to perform alternative service useful to the public interest,
which may be aimed at social improvement, development or promotion of
international peace and understanding. Conscientious objectors should be
given full information about their rights and responsibilities and about the
procedures to be followed when seeking recognition as conscientious objectors,
bearing in mind that application for the status of conscientious objector has
to be made within a specific time frame. The decision concerning their status
should be made, when possible» by an impartial tribunal set up for that
purpose or a by regular civilian court, with the application of all the legal
safeguards provided for in international human rights instruments. There
should always be a right to appeal to an independent, civilian judicial body.
The decision-making body should be entirely separate from the military
authorities and the conscientious objector should be granted a hearing, and be
entitled to legal representation and to call relevant witnesses.
186. The Special Rapporteur noted that most countries did not consider the
expression of extremist or fanatical opinions as occurring frequently on their
soil, which presents a pronounced contrast with the allegations regarding such
incidents that he has received since the beginning of his mandate. He was
pleased to note, however, that a number of countries had taken very specific
steps to curb the expression of extremist or fanatical opinions and have also
invoked their obligation to do so under the international human rights
instruments to which they had adhered. What the Special Rapporteur found
disquieting, on the other hand, was instances when extremist opinions had been
voiced publicly by Governments themselves and when the authorities had not
taken timely measures to prevent the expression of such opinions where they
were in a position to do so.
187. The Constitutions or basic laws of most countries implicitly or
explicitly provide for protection from intolerance and discrimination based on
religion or belief. In addition, such acts are considered criminal offences
in numerous countries. The existence of such provisions was often cited as
being a sufficient deterrent for such acts, even when they did not cover all
the freedoms enshrined in the Declaration. Despite the difficulties involved
in attempting to make a comparative assessment of country legislation, the
Special Rapporteur noted that very few countries had introduced specific
judicial and administrative remedies of which victims of acts of religious