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93. The Special Rapporteur also wishes to draw attention on her predecessor’s
study on freedom of religion of belief and the status of women from the viewpoint of
religion and traditions (E/CN.4/2002/73/Add.2) and the initiatives it has prompted,
including the creation of the Women’s United Nations Report Program and Network,
a non-governmental coalition to implement the conclusions and recommendations of
this study. The Special Rapporteur also emphasizes that, in its resolution 2004/36 of
19 April 2004, the Commission requested “that, from existing available resources
and if necessary supplemented by voluntary contributions, the ‘Etude sur la liberté
de religion ou de conviction et la condition de la femme au regard de la religion et
des traditions’ (E/CN.4/2002/73/Add.2) be translated into the other official
languages of the United Nations and published as an official document”.
V. Conclusions and recommendations
94. The Special Rapporteur believes that Governments have a delicate role in
respecting the freedom of religion or belief of all individuals and groups
without compromising other aspects of the human rights of its citizens. She will
continue to follow a balanced approach in her analysis of the mandate.
95. The situation regarding the mandate indicates growing tensions between
and within religious communities in a number of countries which could break
out in various forms of confrontations, including the use of violence. This poses
the challenge for Governments to resist interference through legislation and
actions that could ultimately restrict the right to freedom of religion or belief,
further aggravating the situation.
96. Increasing polarization between various shades of opinion and across
religious lines has to be addressed at a national level, open discourse at the
regional and international levels is also necessary.
97. The Special Rapporteur has noted that certain Governments are
embarking upon administrative measures restricting the freedom to practise
religious ceremonies or rites, with a view to discouraging religious intolerance.
Such measures would be counterproductive and would be violative of the
international norm of freedom of religion or belief. At the same time, there are
reports of legitimate administrative and legal measures being taken which do
not restrict freedom of religion and guarantee a broader scope for freedom of
religion or belief to all sections of society, including children.
98. There are numerous reports of expressions of intolerance and hate against
Muslims and their religion. At the same time, there are an equal number of
reports of the use of highly inflammatory speech against other religions and
their followers by certain recognized Muslim individuals and Islamic groups. In
such situations Governments must remain neutral and the Special Rapporteur
is encouraged that a number of government policies are being pursued in that
spirit. At the same time, there are also examples of government officials openly
showing bias and of proposed legislation by Governments that discriminate
between various religious communities.
99. In her next report, the Special Rapporteur will attempt to give more
concrete recommendations after she has studied all aspects of the mandate.
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