E/CN.4/1990/46
page 60
111. Regarding communications informing of legal action taken against certain
members of sects or religious associations, the Special Rapporteur believes it
would be appropriate to await the final decisions of the courts, although he
wishes to add that such legal proceedings should be concluded within a
reasonable time. Long procedural delays can be harmful to the parties to a
dispute and detrimental to the image of a State. Moreover, to allow a trial
to drag on for years is a denial of justice sometimes more serious than the
allegations that led to the legal action. In any event, the
Special Rapporteur is of the opinion that the possible sentencing of one or
more individuals in a criminal trial does not mean a condemnation of the
religion or belief that they consider themselves to serve. All religions have
already experienced similar situations without being themselves affected.
112. The Special Rapporteur also wishes to express his concern about the
difficulties created by certain States in regard to the religious practices of
foreigners who hold religious beliefs different from those held by the
majority of the nationals of those States. In many cases, such difficulties
consist not only in the prohibition of the building of either churches or
chapels, but even in the prohibition of private worship. In some cases, such
restrictions are imposed by Governments which have been authorized to build
places of worship in the countries of origin of those whom they prevent from
practising their faith in public. Not long ago s Pope John Paul II said in
reference to this situation:
"Allow me to confide in you. It is not
difficult to understand the astonishment and frustration felt by Christians,
say in Europe, who readily welcome believers of other religions and allow them
to practise their faith, when they are refused similar rights in countries
where such believers are a majority and their religion is the State
religion." The Special Rapporteur believes that what is lacking here is the
respect for the principle of reciprocity, widely accepted in international law
and the day-to-day practice of international relations. Respect for this
principle in the context described above, would certainly contribute to
enhancing religious tolerance on a world-wide scale.
113. The Special Rapporteur would like to draw attention to another limitation
in the existing international instruments with regard to freedom of thought,
conscience, religion or belief. A broadly based school of legal thought
maintains that the individual should be free not only to choose among
different theistic creeds and to practise the one of his choice freely, but
also to have the right to view life from a non-theistic perspective without
facing disadvantages vis-a-vis believers. The Special Rapporteur thinks that,
in the same way as believers must enjoy their right to practise their religion
unhindered, non-believers (freethinkers, agnostics and atheists) should not be
discriminated against. The rights of non-believers should be properly
guaranteed in a new international instrument.
114. In the analysis of the information received, the Special Rapporteur has
established that the most important obstacles to the implementation of the
Declaration are, inter alia: the existence of provisions in national laws
which run counter to the spirit and letter of the Declaration; governmental
practices which often conflict with both national laws and international
instruments on the matter; persistent economic, political and cultural
factors; the influence of complex historical processes on current
manifestations of religious intolerance, such as distrust and clashes between
members of various religious communities which generate sectarian and
intransigent attitudes; extremist and fanatical opinions originating from a