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page 61
literal interpretation of certain religious precepts which result in violent
outbursts; extra-judicial killings, death threats, intimidation, enforced
re-education, confinement to psychiatric institutions or labour camps;
profanation of places of worship and burial grounds, destruction, closing,
evacuation or occupation of such places of worship; seizure or confiscation of
articles of worship and property; hindering or prohibition of religious
publications and their dissemination, their censorship as well as that of
sermons, etc. These regrettable phenomena adversely affect not only the
rights and freedoms of religious communities but also those of minorities and
represent a destabilizing factor in international relations and a source of
tensions and conflict between States. The violation or non-respect of
religious rights often results in the infringement of other human rights, such
as the right to life, physical integrity, liberty and security of the person,
freedom of movement and freedom of opinion and expression.
115. The Special Rapporteur also wishes to underline that progress has been
made in this area as well. An example is the introduction of appropriate
changes in constitutions and legal systems made by certain countries to bring
them into greater accord with international instruments; improved policies of
certain Governments regarding matters of religion and conscience; the positive
impact of the policy of openness and transparency in Eastern Europe,
especially the new dialogue between the Government of the Soviet Union and the
Orthodox and Roman Catholic Churches.
116. Since his appointment, the Special Rapporteur has been collecting
information transmitted to him by Governments, non-govemmental organizations
and other religious and lay sources, regarding constitutional and legal
guarantees of freedom of thought, conscience, religion a^d belief, measures
taken by States to combat intolerance, and incidents and governmental actions
which might be inconsistent with the provisions of the Declaration. The
information thus gathered has constantly been examined by the Special
Rapporteur, since it contains important elements to be taken into account by
any future drafters of a new international instrument. The Special
Rapporteur, should the Commission decide to renew his mandate, intends to
include in his next report a brief analysis of the material collected over the
years since his first appointment.
117. Although the international system already has a number of mandatory norms
in the area of freedom of religion or belief, the persistence of the problem
of intolerance and discrimination in this field calls for the preparation of
an international instrument dealing specifically with the elimination of this
phenomenon. The Special Rapporteur is of the opinion that the adoption of
such an instrument could give a broader and more profound dimension to
international protection against manifestations of intolerance based on
religion or belief. Furthermore, the mandatory nature of the provisions of
such an instrument could 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.
118. For the purpose of elaborating such an international instrument, 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 by the Commission on Human Rights in this regard. The Special
Rapporteur would like to insist on the advantage of establishing, within the