E/CN.4/1989/44
page 50
III.
EXISTING GUARANTEES FOR FREEDOM OF THOUGHT,
CONSCIENCE, RELIGION AND BELIEF
A. At the international level
82. In his earlier reports, the Special Rapporteur mentioned a number of
international norms containing provisions concerning the elimination of
intolerance and discrimination based on religion or belief (E/CN.4/1987/35,
paras. 3-10; E/CN.4/1988/45, para. 54). These norms are found both in
international human rights or humanitarian law instruments and in other
instruments adopted under the aegis of United Nations specialized agencies
such as the International Labour Organisation (ILO) and UNESCO, and concern
certain specific aspects of discrimination on grounds of religion or belief.
83. In several cases, the international instruments adopted have provided for
monitoring mechanisms so as to ensure the implementation of the provisions by
the States parties. Reference may be made in this regard to the activities of
the Committee on the Elimination of Racial Discrimination in connection with
article 5 of the International Convention on the Elimination of All Forms of
Racial Discrimination. Similarly, the Human Rights Committee, set up to
ensure the effective implementation of the provisions of the International
Covenant on Civil and Political Rights, has studied, particularly in the
context of article 18 of the Covenant, the various measures envisaged by
States parties to guarantee freedom of religion or belief.
84. As regards the prevention of religious discrimination in the sphere of
employment, ILO has also endeavoured to introduce a number of monitoring
mechanisms. For example, mention may be made of the most recent observations
of the Committee of Experts on the Application of Conventions and
Recommendations at its March 1988 session, in particular concerning specific
cases of discrimination on the grounds of religion or belief in some countries
in the context of the implementation of the provisions of the Abolition of
Forced Labour Convention, 1957 (No. 105) and the Discrimination (Employment
and Occupation) Convention, 1958 (No. Ill) . Reference may also be made to the
latest report of the Committee of Experts on the Application of Conventions
and Recommendations submitted to the International Labour Conference at its
seventy-fifth session in June 1988.
B. At the national level
85. In accordance with article 4 of the 1981 Declaration, States shall make
all efforts to ensure a number of guarantees to combat intolerance and
discrimination based on religion or belief. As the Special Rapporteur
recalled in his initial report (E/CN.4/1987/35, para. 30), the existence, in
constitutions or other texts of national legislation, of provisions
establishing the principle of freedom of religion and belief does not
constitute an absolute guarantee of respect for that principle. Nevertheless,
the adoption of such provisions is one of the essential facets of the system
guaranteeing the rights and freedoms of religion and belief. This is why, in
accordance with the provisions of article 4 (2) of the Declaration, States
"shall make all efforts to enact or rescind legislation where necessary to
prohibit any such discrimination". In addition to these legislative measures,
States are required "to take all appropriate measures to combat intolerance on
the grounds of religion or belief in this matter".