A/51/542
English
Page 15
Recommendations
Comments and measures
With regard to religious freedom in
general, the Special Rapporteur
recommends the introduction in the
medium term of a law on religious
freedom, so as to harmonize all the
pertinent legal texts, remedy legal
ambiguities and, in keeping with
established international standards,
overcome the particular fears and
sensitivities prompted by the
distinction between nationals and
foreigners.
2.
Implementation of the legislation and policy in force
Recommendations
Comments and measures
In order gradually to create a new
culture among administrative and
prison authorities, it is necessary to
define the notion of "trespass to the
person" expressly as an act committed
by a public official, which may be
unrelated to the performance of that
person’s duties or of a public service
activity, so that the official has
greater personal liability under civil
and criminal law for direct and
indirect, overt or covert
infringements of or interference with
religious freedom.
The flexible approach between normal
and abnormal religious activities
should be extended so that ultimately
the distinction effectively
disappears.
With regard to the alleged arrest or
detention of members of religious
orders and believers belonging to
unofficial religious organizations
(including members of sects and
Tibetan monks) and restrictions
affecting them, the Special Rapporteur
reiterates his request that these
persons be freed.
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