A/HRC/4/21
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which was held in Prague and she delivered a keynote speech on 25 November 2006. In the
course of these various events she was able to establish or renew ties with governmental,
intergovernmental and non-governmental representatives as well as academics active in the field
of freedom of religion or belief.
II. TWENTY YEARS OF MANDATE EXPERIENCE
A. Critical appraisal of the 1981 Declaration
22.
The Declaration on the Elimination of All Forms of Intolerance and Discrimination
Based on Religion or Belief was adopted by the General Assembly in its resolution 36/55
on 25 November 1981. The Special Rapporteur has been encouraging Governments and
non-governmental organizations to support the commemoration initiatives that take stock of
achievements since 1981, identify the provisions of the Declaration that today raise particular
concern and to challenge rising trends of religious intolerance. She is delighted that more
than 50 Governments were represented at the international conference in Prague on
25 November 2006 and that in total around 300 representatives of Governments,
non-governmental organizations, religions and beliefs as well as international and
national experts and academics attended this conference. The standards of the 1981 Declaration
were reaffirmed at the end of the conference by reading out a Prague Declaration on freedom of
religion and belief, which is available online at
http://www.tolerance95.cz/1981down/Prague_Declaration_on_FORB.doc.
23.
The representative of the Netherlands to the Third Committee of the General Assembly
in 1981, Jaap A. Walkate, rightly characterized the road leading towards its adoption as “long,
arduous and full of obstacles” (A/36/PV.73, para. 16). Given the significant obstacles during the
drafting process, which eventually stalled the elaboration of a convention on religious
intolerance until today, it is already an achievement that the 1981 Declaration was finally agreed
upon. The Special Rapporteur would like to stress the important role of non-governmental
organizations (NGOs) in the framework of the drafting history, which includes lobbying efforts
and substantive contributions to the final wording of the declaration. Such an active involvement
of civil society is also needed nowadays. The Special Rapporteur would like to reiterate her
gratefulness for the input of NGOs and religious associations which has been feeding into the
work of her mandate.
24.
The standards of the 1981 Declaration remain valid and the document may be called a
comprehensive historical compromise. In particular, the catalogue of rights enumerated in
article 6 of the 1981 Declaration has been an important contribution to the international legal
framework, inspiring also regional instruments such as the 1989 Vienna Concluding Document
on the human dimension of the Conference on Security and Co-operation in Europe. From the
perspective of the Special Rapporteur’s mandate, however, there have been subsequent
developments since 1981 concerning freedom of religion or belief, including the adoption of
further legal instruments and international guidelines, which also need to be taken into account.
These human rights instruments include, inter alia, the Convention on the Rights of the Child and
the Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families. Furthermore, the Human Rights Committee’s general comment No. 22 (1993)
elaborates upon article 18 of the Covenant, thus giving authoritative guidance for Governments
and non-governmental organizations. According to the Special Rapporteur’s experience,