A/62/280
IV. Conclusions and recommendations
80. The discussion of the two substantive issues highlighted some concerns of
refugees, asylum-seekers and internally displaced persons, as well as of persons
with atheistic or non-theistic beliefs. Firstly, communications sent by the
mandate regarding the situation of refugees, asylum-seekers and internally
displaced persons show that these individuals are in a situation of vulnerability
which may also have a link to their freedom of religion or belief. The situation
of this vulnerable group requires particular attention and the Special
Rapporteur has drawn up a specific subcategory in her framework for
communications (see E/CN.4/2006/5, annex and A/HRC/6/5, paras. 30-31).
Secondly, the Special Rapporteur takes the concerns of persons with atheistic
or non-theistic beliefs seriously. Blasphemy laws and the concept of
“defamation of religions” can be counterproductive since they may create an
atmosphere of intolerance or fear and ultimately might establish a normative
hierarchy of beliefs. Atheists and non-theists should not be discriminated
against on the grounds of their adherence (or not) to a specific religion or
belief, for example in publicly funded schools, at official consultations or by
public service providers.
81. Freedom of religion or belief is a multifaceted human right. The different
aspects of this fundamental human right are guaranteed by various
international legal instruments, both in legally binding standards and in
provisions of so-called soft law. The 21 years of mandate practice show that the
effective protection and promotion of the right to freedom of religion or belief
poses serious challenges to all States. Furthermore, the prevention of
intolerance and discrimination based on religion or belief requires proactive
and creative approaches from all actors involved.
82. The central question in this regard is to determine the appropriate role of
Governments in promoting freedom of religion or belief and in challenging
intolerance or discrimination in society. According to the mandate experience
after conducting 24 country visits and sending more than 1,000 individual
communications to 130 States, wise and balanced decision-making at all
governmental levels and cautious legislation are crucial for addressing the
delicate issues involved in freedom of religion or belief. Furthermore, an
independent and non-arbitrary judiciary is a prerequisite for safeguarding
freedom of religion or belief. This was already emphasized by the World
Conference on Human Rights in 1993, which recommended that priority be
given to national and international action to promote democracy, development
and human rights: “Strengthening the institutions of human rights and
democracy, the legal protection of human rights, training of officials and
others, broad-based education and public information aimed at promoting
respect for human rights should all be available as components of these
programmes.” 34
83. Instead of waiting until acts of intolerance and discrimination based on
religion or belief have been perpetrated, States should devise proactive
strategies in order to prevent such violations. Identifying and adequately
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34
07-48490
Report of the World Conference on Human Rights, Vienna, 14-25 June 1993 (A/CONF.157/24
(Part I)), chap. III, para. II.68.
23