E/CN.4/1989/44
page 55
IV. ANALYSIS OF THE INFORMATION COLLECTED
94. The previous chapter demonstrates the existence in some countries of
legislative provisions guaranteeing the freedom of thought, conscience,
reliqion and belief and penalizing infringements of this freedom, as well as
of specific measures to promote respect for tolerance and to prohibit
discrimination in this regard. The Special Rapporteur also had occasion to
observe in certain European countries, as had already been the case when he
prepared the earlier report (E/CN.4/1988/45, para. 38), the positive impact of
the policy of openness and transparency in the sphere of religious freedom and
manifestations of worship. Among the encouraging signs, the
Special Rapporteur particularly noted the publication and import of large
numbers of Bibles to the Soviet Union on the occasion of the celebration of
the millenary of the introduction of Christianity into Russia, the early
release or reduced sentences granted to a number of believers detained in that
country, and preparatory work for new legislation on freedom of conscience and
the revision of some provisions of the Criminal Code.
95. Although the Special Rapporteur welcomes these trends, he nevertheless
considers that these positive signs should not draw a veil over the many
infringements of the riqhts set out in the Declaration, of which he
endeavoured to compile a kind of general inventory in his first report
(E/CN.4/1987/35, paras. 46-71) and which, unfortunately, seem undeniably to
have persisted in most regions of the world during the period covered by the
present report.
96. As regards, for example, the right to have, to manifest and to practise
the religion or belief of one's choice (Declaration, arts. 1 and 6), a number
of allegations have recently been reported, including restrictions on the
right to manifest one's religion in public and sometimes even in private;
sanctions for belonging to a specific denomination; refusal to register
certain religious communities; refusal to recognize the right to
conscientious objection; the destruction, enforced closure, evacuation or
arbitrary occupation of places of worship or assembly for a religion or
belief; prohibition on opening new places of worship or assembly; refusal to
grant permits to build new places of worship or assembly, or to repair
existing premises; restriction of certain activities of a cultural or parish
nature relating to a religion or belief; seizure or confiscation of religious
property or articles of worship; prohibition on importing, possessing,
exhibiting or distributing certain articles of worship; prohibition on
publishing, importing or distributing publications relating to a religion or
belief; restriction or prohibition of reliqious propaganda or propaganda
concerning a belief; censorship of reliqious publications, sermons or
addresses; denial of the right to practise the ceremonies of a particular
form of worship; restriction of such ceremonies to specified places; use for
secular purposes of places considered to be sacred for certain religions or
beliefs; profamation of burial places; restrictions on the right to set up
seminaries to train clergy and on the possibilities for seminarists to receive
adequate instruction; and restrictions on the right to appoint sufficient
numbers of clerqy.