E/CN.4/1991/56
page 118
89. Since his appointment, the Special Rapporteur has been collecting
information transmitted to him by Governments, non-governmental organizations
and other religious and lay sources, regarding constitutional and legal
guarantees of freedom of thought, conscience, religion and belief, with a
view to acquainting himself with the measures taken by States to combat
intolerance and incidents which might be inconsistent with the provisions
of the Declaration. Given the quantity and variety of information received
and as his mandate is not to enter into a detailed assessment of national
legislation, he has selected a certain number of questions which he thought
were of particular relevance to his mandate. He therefore addressed
on 25 July 1990 a questionnaire to all Governments, containing 11 questions
as reproduced in chapter II, section B, of this report. On the basis of
incidents reported in previous years and the study of the information he has
been gathering, the Special Rapporteur thus wished to better elucidate certain
situations which had been recurrent over the years and obtain answers from
Governments on how they deal with them in their respective legislation and
judicial and administrative practice. The replies received reflect the scope
and diversity of legislative provisions and practical measures implemented to
restrict intolerance and discrimination with regard to religion. Since
replies on the questionnaire are still being received, the Special Rapporteur
intends to present a final analysis in his report to the forty-eighth session
of the Commission on Human Rights.
90. During the past year, the Special Rapporteur has continued to receive
allegations of infringements of the rights and freedoms set out in the
Declaration. The information collected leads him to note that incidents and
governmental actions inconsistent with the Declaration have persistently
occurred in most regions of the world. The majority of allegations point to
infringements of the right to have the religion or belief of one's choice, to
restrictions as regards the expression of this right in the exercise of the
freedoms it involves as well as to a variety of acts of discrimination on
grounds of religion or belief.
91. Manifestations of religious intolerance continue to be varied. They may
consist in sanctions for belonging to a specific denomination which may entail
the denial of legal guarantees, of access to education, health services,
ration cards or passports, the confiscation of property, the refusal of
employment, salaries and pensions or of compensation for injured parties.
They may also take the form of outright persecution involving physical assault
and corporal punishment. Conversion to another religion is severely punished
in some countries, even though the official accusations against such persons
may be motivated on other grounds. In the case of one country, the death
sentence is prescribed for apostasy.
92. As in previous years, the Special Rapporteur has noted the continued
restrictions on the enjoyment of the following rights: the right to manifest
one's religion in public, prohibition of repair of existing places of worship,
seizure or confiscation of religious articles or articles of worship,
censorship or closure of publications relating to a religion or worship,
prohibition of religious propaganda and proselytism or restrictions of the
right to train and appoint clergy in sufficient numbers.
93. This situation continues to have a direct bearing on the enjoyment of
human rights in general and adversely affects such fundamental rights and
freedoms as the right to life, to liberty and security of the person, to