E/CN.4/1989/44
paqe 4
informed, inter alia, of legal proceedings on such grounds as tax evasion,
various types of embezzlement of funds and the illegal practice of medicine,
as well as alleged kidnappings, particularly of minors. On the other hand,
allegations from leaders or followers of a number of movements - recognized in
several countries but contested in others - including the Church of
Scientoloqy, the Unification Church, Hare Krishna and Children of God,
reported ill-treatment or discrimination against members of such movements.
Particular reference was made to the kidnapping of followers of such cults,
alleqedly detained, subjected to ill-treatment and forced to undergo
"deprogramming" sessions to make them abandon their faith, in this regard,
the Special Rapporteur wishes to recall the position he expressed in his
previous report (E/CN.4/1988/45, para. 8), whereby freedom of religion and
belief is indivisible and all religious or belief-based movements, regardless
of their length of existence, geographical origin or ideological foundations,
must benefit from all the guarantees attaching to respect for the right to
freedom of thought, conscience, religion and belief, recognized in the
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, and the Declaration of 1981. However, in view of the
limitations provided for in the international instruments, as set out in
article 1 (3) of the Declaration of 1981, the secular activities, particularly
the financial or medical activities, of some of these movements and the
possible effects which membership of them may have on the health and the
physical or moral integrity of their followers have to be monitored closely by
the Governments concerned.
18. As regards the issue of conscientious objection to military service, the
problem of the necessary balance between limitations on the right to freedom
of thought, conscience and religion imposed by the law in the name of the
protection of public safety and order, and the need to ensure that the
individual is free to act in accordance with his personal convictions also
arises. In this connection, the Special Rapporteur entirely supports the
recommendations of the report prepared on this subject at the request of the
Commission on Human Rights by two members of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities, Mr. Asbj^rn Eide and
Mr. Chama Mubanga-Chipoya. 1/ According to these recommendations, "States
should recognize by law the right of persons who, for reasons of conscience or
profound conviction arising from religious, ethical, moral, humanitarian or
similar motives, refuse to perform armed service, to be released from the
obligation to perform military service" (para. 153, 1 (a)). On the basis of
this recommendation the Commission appealed to all States "to recognize that
conscientious objection to military service should be considered a legitimate
exercise of the right to freedom of thought, conscience and religion
recognized by the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights"; and, if military service is
compulsory in their countries, to consider introducing "various forms of
1/
Conscientious objection to military service: Report prepared in
pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities (United Nations
publication, sales No. E.85.XIV.1).