E/CN.4/1997/91
page 17
recommends that States “with a system of compulsory military service, where
such provision has not already been made, [...] introduce for conscientious
objectors various forms of alternative service” which “should be in principle
of a non-combatant or civilian nature, in the public interest and not a
punitive nature”.
B.
Protection and promotion of religious freedom
Religious freedom and human rights
83.
Implementation of the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief is inseparable
from the general question of respect for all human rights, which cannot be
truly promoted in the absence of democracy and development. Consequently,
action to promote human rights must include measures to establish, strengthen
and protect democracy as an expression of human rights at the political level
and, at the same time, measures to contain and progressively eliminate extreme
poverty and promote the right of individuals and peoples to development as an
expression of human rights and human solidarity in the economic, social and
cultural areas. In other words, as the World Conference on Human Rights put
it, “democracy, development and respect for human rights and fundamental
freedoms are interdependent and mutually reinforcing”. Any separation of the
elements of this tripartite concept, like any selectivity in this area, is apt
to reduce human rights to a topic of variable substance and scope, and that
could have unfavourable repercussions on the mechanisms and procedures for
protecting human rights, including religious freedom.
Religion and politics
84.
Most religions have an implicit or explicit political dimension. This
sometimes makes the problems of protecting religious freedom difficult to deal
with and raises the question of the relationship between politics and religion
and, in particular, between the State and religion.
85.
Religion may be taken up by a State. The State may be the means by
which a religion is expressed. It will then be subordinate to that religion,
to the point of having no independent will beyond that of the religion. This
may lead to the State's being subsumed by the religion. In such a case, the
institutions of State are at the service of a religious will - or a will
attributed to a religion. Schools are enlisted to ensure that the religion
prevails, offering military or paramilitary training where necessary. Places
of worship may be used to brief, mobilize and recruit the faithful so that
nothing in public or political life escapes the religion's embrace.
“Political” parties - where they exist - may compete with each other or the
State by a variety of means to enforce or help enforce a religious (or
ostensibly religious) policy. In such circumstances, there is little
likelihood that religious freedom will yield the fruits expected of it.
86.
A State may be of a religion; a religion, in turn, may be of a State its to manipulate. The State enshrines the religion in order to have it at
its service, provide it with the things it may need, channel it, contain it
and, hence, very often dominate and even subjugate it. In any event, the sway