A/CONF.189/PC.1/7
page 17
56.
The Declaration of 25 November 1981 should be understood in the same spirit, but
conversely, i.e. religion as encompassing race. It is true that the terms “intolerance and
discrimination based on religion or belief” are defined exclusively on the basis of religious
considerations (see art.2, para.2); unlike the instruments relating to racial discrimination
analysed above, where race is interpreted largely from a twofold standpoint, as covering both
ethnicity (which itself is defined using parameters that include religion) and religion as such.
Nevertheless, many of the Declaration’s provisions refer to instruments where the intersection
between the two types of discrimination may be inferred (preambular paragraphs 1, 2 and 7,
article 3). Preambular paragraph 6 even establishes a causal link between religious freedom and
the elimination of racial discrimination when it states, “...freedom of religion and belief should
also contribute [...] to the elimination [...] of racial discrimination”.
57.
The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities of 18 December 1992 represents an important step with regard to
protection of minorities [Bokatola, 1993].72 Article 1, paragraph 1 stipulates that “States shall
protect the existence and the national or ethnic, cultural, religious and linguistic identity of
minorities within their respective territories and shall encourage conditions for the promotion of
that identity”. In reality, the Declaration is aimed essentially at the individual rights that persons
belonging to minorities should enjoy. Nearly all of the Declaration’s provisions are intended for
such persons, rather than minorities as such. In addition, the division between “national or
ethnic, religious and linguistic minorities” is ill-founded and does not always correspond to the
distribution of minorities throughout the world. A national minority may also have ethnic and/or
religious specificities different from those of the majority or of other minorities.73
58.
On the whole, although aggravated discrimination has not been provided for and is in no
way given special or priority treatment, it has to be acknowledged that, because nearly all the
specific instruments speak explicitly of the overlap between race and religion, in particular race
as encompassing religion, discrimination against a person or minority group on religious grounds
may be characterized as racial discrimination.74 Similarly, a discriminatory measure or
xenophobic practice based on religion or belief, in the meaning of the 1981 Declaration, may be
aimed at the group’s identity and/or its ethnic integrity.
(b)
Implicit recognition
59.
Since the United Nations came into being, an impressive number of treaties and other
instruments have been adopted to protect, either a specific category of individuals, property of
particular importance, or even certain fields, against various forms of discrimination. It is
difficult to provide a detailed analysis of all these instruments in the framework of our study.
Thus, we shall examine only those provisions which relate to the overlap between race and
religion.
International Labour Organization
60.
In the field of employment, several instruments have been adopted. Examples are the
ILO Conventions. The discrimination provisions have been modelled after the Charter of the
United Nations and the 1948 Universal Declaration, i.e. the different types of discrimination are
generally treated separately.