E/CN.4/1999/58/Add.1
page 25
rights instruments and conforming with those two clauses would provide
appropriate and necessary legal protection for the freedom of religion and
belief in general, but above all for communities in the field of religion or
belief. Such a law could also be able to incorporate the advantages of the
two constitutional clauses while encouraging State-religion relations based on
an appropriate dynamic equilibrium and avoiding extreme situations of
“anti-religious clericalism” and “religious clericalism”.
73.
Finally, ratification of the Convention on the Rights of the Child by
the United States is strongly encouraged: it would be a logical consequence
of the human rights policy proclaimed by that country at the international
level. It will be remembered, however, that as happened in the case of
Mr. Bacre Waly Ndiaye's mission, the federal authorities which are supposed to
represent the states of the Union at the international level did not take it
upon themselves to organize meetings between the Special Rapporteur and the
state authorities. Furthermore, most of the official and non-official
representatives that the Special Rapporteur met in the states did not seem to
know the international human rights instruments. Similarly, statements by
certain public figures irritated by United Nations special rapporteurs' visits
to the United States are surprising to say the least, in that they would seem
to imply that the world's leading Power fears United Nations “domination”, on
the one hand, and on the other, wishes to set itself up as entitled to give
other countries lessons while rejecting criticisms of its domestic situation,
which is seen in a positive light without any limitations or reservations. It
would therefore be desirable that these individual positions should remain
incidental phenomena not affecting the move towards a more open policy both at
home and abroad which is evident in the United States and that the country's
commitment in the field of human rights should take on a practical aspect rather than remaining simply a matter of form - both internationally and
nationally.
74.
As far as tolerance and non-discrimination based on religion or belief
are concerned, the Special Rapporteur notes that the United States, a vast
mosaic of religions and beliefs (as can be seen in some Washington avenues
consisting of an extraordinary succession of places of worship of all
denominations), not only extends a welcome to different faiths, but itself
begets them, as a country which is free and open to all religions and beliefs.
The representation of the United States through the symbol of the mosaic is in
fact relevant, because although there is a dominant European and
Judaeo-Christian element, the great variety of denominations in the majority
Christian religion and of minorities in the field of religion and belief leads
one to see all denominations as minorities. At the end of his study, the
Special Rapporteur considers that the actual situation in the United States in
the field of tolerance and non-discrimination is in general satisfactory.
There are nevertheless some evident exceptions that must be pointed out,
particularly as regards the situation of Native Americans.
The Jewish community
75.
The Jews are satisfied with their lot as a whole and do not hesitate to
describe their situation as privileged, and indeed unique, in particular
because of a degree of religious liberty which the representatives of the
Jewish community consider to be without equal elsewhere in the world. Faced