E/CN.4/1990/46
page 2
impediment to the implementation of the provisions of the Declaration; to make
a general inventory of incidents and measures inconsistent with those
provisions; to emphasize their adverse consequences in respect of the enjoyment
of fundamental rights and freedoms; and to recommend a number of remedial
measures. In a second phase, the Special Rapporteur deemed it useful to take
a more specific approach and to endeavour to identify more precisely
particular situations where inconsistencies with the provisions of the
Declaration might have been reported. For this purpose he specifically
approached a number of Governments and requested clarification of allegations
concerning their country in particular. He noted with satisfaction that most
of the Governments in question had replied. He deems it essential at the
present stage to continue with and to develop this dialogue, which clearly
demonstrates a genuine interest in the issues raised in the context of his
mandate, and sustains the hope of further mobilization with a view to reaching
a solution. There is no question for the Special Rapporteur of making any
judgement on those allegations; in accordance with the mandate entrusted to
him, his task is, rather, to consider and draw attention to incidents and
practices inconsistent with the provisions of the Declaration and recommend
remedial measures.
11. This method of direct dialogue with Governments, used experimentally
during his previous mandates, has been backed up to some extent during the
last two years by the actual terms of Commission on Human Rights
resolutions 1988/55 and 1989/44, adopted at the forty-fourth and
forty-fifth sessions, which invite the Special Rapporteur "to seek the views
and comments of the Government concerned on any information which he intends
to include in his report ...".
12. As in his previous reports, the Special Rapporteur has endeavoured, as
the terms of Commission on Human Rights resolution 1989/44 require, to respond
effectively to credible and reliable information coming before him, and to
carry out his work with discretion and independence. In order to do so, he
drew on a very broad range of governmental and non-governmental sources} of
very varied geographical origins, stemming both from organizations and from
individuals. Among such sources, the Special Rapporteur endeavoured to take
due account of information coming from religious groups and denominational
communities. He gave priority to the use of recent information for the period
since the submission of his previous report to the Commission| however,
particularly in the case of situations mentioned for the first time, or in
order to take account of problems the origins or at least the manifestations
of which go back a number of years into the past, he has sometimes made use of
earlier information or referred to it.
13. As regards the interpretation and scope of his duties, the Special
Rapporteur wishes to reflect here 9 as in his previous report (E/CN.4/1989/44,
paras. 14-18) 9 some comments and observations arising out of his mandate.
Some of these comments concerned the determination of causes and
responsibilities in the field of intolerance based on religion or belief.
Although the Special Rapporteur deemed it advisable in his report to the
Commission on Human Rights at its forty-fifth session to stress the
responsibility which might devolve on Governments in respect of religious
restrictions or repression, it cannot be denied, as he stressed in his initial
report (E/CN.4/1987/35, paras. 29-45), that the factors hampering the
implementation of the Declaration are extremely complex. While intolerance
may in some cases be the result of a deliberate policy on the part of