E/CN.4/1989/44
paqe 3
due account of information cominq from reliqious qroups and denominational
communities. He qave priority to the use of recent information for the period
since the submission of his previous report to the Commission; however,
particularly in situations mentioned for the first time, or in order to take
account of problems, the oriqins or at least the manifestations of which qo
back a number of years into the past, he has sometimes made use of earlier
information or referred to it.
14. As reqards the interpretation and scope of his duties, the
Special Rapporteur wishes to reflect here, as in his previous report
(E/CN.4/1988/45, paras. 7 and 8), some comments and observations arisinq out
of his mandate. Some of these comments concerned the determination of the
causes and persons responsible for intolerance based on religion or belief.
Althouqh the Special Rapoorteur deemed it advisable in his previous report to
stress the responsibility which miqht devolve on Governments in respect of
reliqious restrictions or repression, it cannot be denied, as stressed in the
initial report (E/CN.4/1987/35, paras. 29-45), that the factors hamperinq the
implementation of the Declaration are extremely complex. Althouqh intolerance
may in some cases be the result of a deliberate policy on the part of
Governments, it may also frequently derive from economic, social or cultural
tensions, and take the form of acts of hostility or conflicts between
different qroups. Behind phenomena of intolerance may also be found certain
doqmatic interpretations which stir up misunderstandinqs or hatred between
different reliqious communities or encouraqe dissension within them. This
diversity is, indeed, stressed in article 2 (1), of the 1981 Declaration,
which states:
"No one shall be subject to discrimination by any State,
institution, qroup of persons or person on the qrounds of religion or
belief."
15. Given this multiplicity of responsibilities, the dialoque established
with Governments by the Special Rapporteur and the transmission of alleqations
concerninq their countries in no way implies any kind of accusation or value
judqement on the part of the Special Rapporteur, but rather a request for
clarification with a view to findinq, alonq with the Government concerned, a
solution to a problem which qoes to the heart of human riqhts and fundamental
freedoms.
16. Other comments received by the Special Rapporteur have encouraqed him to
reflect on restrictions to which the freedom to manifest one's reliqion or
belief miqht be subject. Accordinq to article 1 (3) of the Declaration,
freedom to manifest one's reliqion or belief may be subject only to such
limitations as are prescribed by law "and are necessary to protect public
safety, order, health or morals or the fundamental riqhts and freedoms of
others". The question of how these limitations are to be interpreted is
oarticularly delicate in some areas. Particular mention may be made here of
the case of some new reliqious movements and the question of conscientious
objection to military service.
17. As reqards what are usually known as "new reliqious movements", which
have qenerally made their appearance in recent decades and are sometimes the
subject of serious controversy in countries where they have followers, a
number of alleqations were brouqht before the Special Rapporteur. He was