E/CN.4/1992/52
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Commission on Human Rights at its forty-seventh session in document
E/CN.4/1991/56. In that report, he stated his intention to make an overall
analysis of the replies received in his report to the Commission at its
forty-eighth session. Therefore, chapter III also contains the Special
Rapporteur's analysis of all the answers to the questionnaire given by
Governments at the time of the finalization of the present report.
9.
Lastly, in chapter IV the Special Rapporteur submits conclusions and
recommendations based on his analysis of the information available on
infringements of the rights set out in the Declaration during the period
covered by this report and on the study of measures which could contribute to
preventing intolerance and discrimination based on religion or belief.
I.
MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR
10. In his previous reports, the Special Rapporteur included considerations
on the subject of his interpretation of the mandate entrusted to him by the
Commission on Human Rights (E/CN.4/1988/45, paras. 1-8; E/CN.4/1989/44,
paras. 14-18). He particularly stressed its dynamic nature. He therefore
considered it necessary in the initial phase to set out the elements of the
problem before him and in so doing to identify factors which might be an
impediment to the implementation of the provisions of the Declaration; to
make a general inventory of incidents and measures inconsistent with those
provisions; to emphasize their adverse consequences in respect of the
enjoyment of fundamental rights and freedoms; and to recommend a number of
remedial measures.
11. In the second phase, the Special Rapporteur deemed it useful to take a
more specific approach and to endeavour to identify more precisely particular
situations where inconsistencies with the provisions of the Declaration might
have been reported. For this purpose he specifically approached a number of
Governments and requested clarification of allegations concerning their
country in particular. He noted with satisfaction that most of the
Governments in question had replied. He deems it essential at the present
stage to continue with and to develop this dialogue, which clearly
demonstrates a genuine interest in the issues raised in the context of his
mandate, and sustains the hope of further mobilization with a view to reaching
a solution.
12. This method of direct dialogue with Governments, used experimentally
during his previous mandates, has been backed up to some extent during the
last four years by the actual terms of Commission on Human Rights resolutions
1988/35, 1989/44, 1990/27 and 1991/48, adopted at the forty-fourth,
forty-fifth, forty-sixth and forty-seventh sessions. They invite the Special
Rapporteur "to seek the views and comments of the Government concerned on any
information which he intends to include in his report". In previous reports,
as well as in the present one, the Special Rapporteur has included the
answers provided by Governments to a questionnaire which he addressed to them
on 25 July 1990. The questions appearing in it were selected in the light of
the dialogue which the Special Rapporteur has been able to establish with many
Governments since taking up his mandate and reflect aspects which, in his
opinion, call for clarification. His analysis of the answers is also included.