A/51/542
English
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religious movements and even formal religion and since in international practice
confusion reigns and States may have diametrically opposed attitudes to the same
group, raising it to formal religious status or pejoratively classifying it as a
sect, the Special Rapporteur feels that an international high-level governmental
conference should be held to study and decide upon a common approach to sects
and religions that respects human rights. He stresses that identifying
solutions will require great tolerance in order for compromises to be found that
reconcile the necessary freedom of religion with the equally necessary
preservation of integration in the national group, as well as equal respect for
the law. The Special Rapporteur also recommends that the Subcommission
authorize a study of the phenomenon of sects and religious freedom.
50. Moreover, the fact is that religious extremism is not yet in retreat and
seems set to continue to pose a threat, sometimes to entire regions. The major
religions are no strangers to extremism and are sometimes exposed to these
terrorist manifestations, which spare neither Governments nor the governed. It
is vital to combat this religious extremism by taking action against both its
causes and its effects and by getting States to define a minimum set of common
rules of conduct and behaviour with regard to it.
51. On a different level, it is of fundamental importance that places of
worship should be reserved for religious, non-political uses, that the legal
system governing political parties should be defined in such a way as to avoid
political variables impinging on religious constants, and that schools should be
protected from all ideological, political or partisan indoctrination. It is not
possible to overemphasize the contribution that schools, and education in
general, can make to transmitting the values associated with tolerance and
freedom.
52. From this point of view, the questionnaire on religious education in
primary and secondary schools could be the starting point of a process to
establish certain minimum common values and principles which might serve as a
foundation for a common programme to foster tolerance and non-discrimination.
For this reason, the Special Rapporteur calls on all States to become involved
by replying to the questionnaire, thereby showing their commitment to a culture
of tolerance.
53. The Special Rapporteur also notes, on the basis of numerous communications,
that the fundamental right of conscientious objection is being denied or
questioned in many States.
54. The Special Rapporteur is therefore anxious to remind States of Commission
on Human Rights resolution 1989/59 of 8 March 1989, which has been reaffirmed on
several occasions, in which the Commission recognizes "the right of everyone to
have conscientious objections to military service as a legitimate exercise of
the right to freedom of thought, conscience and religion as laid down in
article 18 of the Universal Declaration of Human Rights as well as article 18 of
the International Covenant on Civil and Political Rights", and recommends to
States "with a system of compulsory military service, where such provision has
not already been made, that they introduce for conscientious objectors various
forms of alternative service" which "should be in principle of a non-combatant
or civilian character, in the public interest and not of a punitive nature".
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