A/55/280
138. Concerning minorities, the Special Rapporteur
wishes to emphasize that States have an obligation
under international law and jurisprudence (inter alia,
article 27 of the International Covenant on Civil and
Political Rights, General Comment No. 23 of 6 April
1994 of the Human Rights Committee, article 30 of the
Convention on the Rights of the Child, and the
Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic
Minorities) to guarantee the right of minorities to
freedom of religion and the practice of religion, within
internationally agreed limits. The State remains
responsible even when abuses are committed against
minorities by non-State entities such as extremist
groups. States are also required to create conditions for
promoting the identity, including the religious identity,
of minorities. Article 4 of the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities emphasizes the role of
education in this regard. The 2001 conference on
school education will also consider the special place to
be given in primary and secondary education to respect
for and promotion of the identity, including the
religious identity, of minorities and will make
recommendations in this regard.
139. On the question of sects or religious
communities, the Special Rapporteur believes that
State intervention in matters of religion or belief must
be limited, in conformity with international law, to
ensuring respect for the law, particularly criminal laws
on, inter alia, the safeguarding of public order, fraud,
violence, assault and battery, abduction and corruption
of minors. It cannot be the State’s role to supervise,
favour, impose or censure a religion or belief; nor can
any religious or spiritual community supervise people’s
personal conscience. Again, the Special Rapporteur
believes that education may be a solution in this regard.
The development of an educational strategy should in
fact not only permit the dissemination of a culture of
tolerance but also promote awareness and reasonable
vigilance with regard to any abuse or danger in the area
of religion or belief. The Special Rapporteur reiterates
his recommendation that international high-level
governmental meetings should be held on the question
of sects, in order to consider and decide on a common
approach that respects human rights, particularly
freedom of religion and belief.
140. On the global phenomenon of intolerance and
discrimination based on religion or belief, the Special
Rapporteur wishes to emphasize the urgency of
prevention. He therefore encourages all States,
intergovernmental organizations, the main religions,
other religious or spiritual communities and nongovernmental organizations to contribute actively to
the 2001 conference on school education. He urges
them to transmit any documentation relevant to the
subject of the conference and to formulate proposals,
so that they can be duly considered by the conference
preparatory committee.
141. The conference will also mark the twentieth
anniversary of the adoption of the Declaration on the
Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief. In this
connection, the Special Rapporteur also calls on the
various governmental and non-governmental actors to
plan celebrations as from the beginning of 2001. They
could, for instance, give the name “tolerance” to town
and village streets and squares; reproduce the text of
the 1981 Declaration in artistic displays in public
places; and incorporate the Declaration in civic and
religious education programmes, especially in primary
and secondary schools. He also encourages the holding
of dialogue meetings between leaders and members of
different religions and beliefs, including children
(especially children from areas of conflict or tension
with a religious element), on specific themes or
projects related to the anniversary of the 1981
Declaration. Such meetings could be held in countries
directly concerned by problems of intolerance and
discrimination in the area of, inter alia, religion or
belief.
142. The Special Rapporteur recommends the creation,
on the web site of the Office of the High Commissioner
for Human Rights, of an entry on the celebration of the
anniversary of the 1981 Declaration which would not
only inform the public about all the activities and
events related to this anniversary but also receive any
recommendations and celebratory messages. The site
would also keep the public informed of the day-to-day
activities of the 2001 conference.
143. The anniversary of the 1981 Declaration and the
holding of the conference on school education in
relation to freedom of religion and belief will also
coincide with events to be held in 2001 to mark the
United Nations Year of Dialogue among Civilizations.
As can be seen from General Assembly resolution
53/22 of 4 November 1998 concerning that Year, in
which the Assembly invites Governments, the United
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