E/CN.4/1988/45
page 25
IV.
FUTURE ACTIVITIES FOR THE PROMOTION AND PROTECTION
OF FREEDOM OF RELIGION OR BELIEF
53. For more than 20 years now, the preparation of an international
convention on the elimination of intolerance and discrimination based on
religion or belief has been under discussion within the competent
United Nations bodies. While some concrete progress was achieved during the
1960s in the formulation of a draft convention, the complexity and sensitivity
of the issues raised led to the decision, in 1972, to grant priority to the
preparation of a declaration on the subject.
54. It is true, as pointed out by the Special Rapporteur in his initial
report, that the international system already has a number of mandatory norms
in the area of freedom of religion or belief, particularly the relevant
provisions of the International Covenants on Human Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
Discrimination (Employment and Occupation) Convention (No. Ill), 1958, of the
International Labour Organisation and the Convention Against Discrimination in
Education of the United Nations Educational, Scientific and Cultural
Organization.
55. However, the Special Rapporteur considers that, in the light of the
incidents which have come to his attention, demonstrating the persistence of
the problem of intolerance and discrimination based on religion or belief, the
preparation of an international instrument dealing specifically with the
elimination of this phenomenon would have undeniable advantages. The adoption
of a convention would give a broader and more profound dimension to existing
concepts by expanding the scope of religious rights and freedoms in their
practical manifestations. Moreover, the mandatory nature of the provisions of
such an instrument would impose on States Parties a number of requirements,
such as the submission of reports on the application of its provisions, which
might encourage greater respect for religious rights and freedoms by such
States.
56. For the purpose of elaborating such a convention, the international
community might usefully draw upon the principles laid down in the
1981 Declaration, as well as on the practical experience acquired in recent
years through the procedure introduced by the Commission on Human Rights in
this regard.
57. The establishment, within the Commission on Human Rights, of an
open-ended working group to consider the possibility of preparing a convention
therefore seems altogether desirable, and such a group should be able to count
on broad participation by both States, non-governmental organizations and
religious denominations.
58. It is, however, clear that the preparation of a convention on such a
complex and delicate subject is not something which can be quickly achieved;
consequently, at the same time it establishes such a working group, the
Commission on Human Rights should endeavour to maintain its vigilance and
continue to apply the procedure it has introduced with a view to monitoring
and, if possible, reducing incidents and measures inconsistent with the
provisions of the 1981 Declaration.