A/HRC/4/21/Add.1
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Nepal
Communication sent on 10 October 2006 jointly with the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance
226. The Special Rapporteurs brought to the attention of the Government information they had
received concerning attacks on Dalit members of the community in the Doti district of Nepal.
On 26 August 2006, Dalit women were allegedly harassed by the Priest of Shivalaya Temple and
some local men when they attempted to worship on the occasion of Teej, a Hindu festival. They
were eventually barred from entering the temple. On 16 September 2006, the District
Administrative Officer issued a formal notice that Dalits have the right to enter and worship at
public temples, and that those who choose to discriminate on the basis of caste, in whatever
form, will be prosecuted.
227. On 17 September 2006, Dalit worshippers visited the Saileswori Temple of Dipayal in
Silgadhi, Doti District. Their worship was disrupted when upper-caste people, who alleged that
the Dalit worshippers had been acting in an offensive manner, physically attacked them with
knifes and other weapons.
Observations
228. The Special Rapporteur is concerned that she has not received a reply from the
Government concerning the above mentioned allegation. She would like to refer to her
framework for communications, more specifically to the international human rights norms and to
the mandate practice concerning “Freedom to worship” (see above para. 1, category I. 3. a) and
“Places of worship” (category I. 3. b). As she noted in her 2005 report to the Commission on
Human Rights, “members of religious communities or communities of belief, whenever they find
themselves in places of worship, are in a situation of special vulnerability given the nature of
their activity. The Special Rapporteur is therefore of the opinion that States should pay increased
attention to attacks on places of worship and ensure that all perpetrators of such attacks are
properly prosecuted and tried.” (E/CN.4/2005/61, para. 49).
Netherlands
Communication sent on 28 October 2005
229. The Special Rapporteur brought to the attention of the Government the situation of Ms.
Samira Haddad, a 32-year-old Muslim woman who was reportedly refused a post as Arabic
teacher at the Islamic College in Amsterdam based on her refusal to wear a headscarf.
Subsequent to the communication sent on 28 October 2005, she has been informed by various
reliable sources that the national Equality Commission ruled in favour of Ms. Haddad on 15
November 2005. Although the Netherlands’ system of parallel public and private denominational
education gave the Islamic college a high level of discretion in deciding what requirements it
could set for its staff, the Equality Commission found that the fact that non-Muslim employees
were exempt from the requirement to wear a headscarf while Muslim employees were obliged to
wear a headscarf constituted an inadmissible differentiation on the basis of religion.