E/CN.4/1996/95/Add.1
page 18
86.
With regard to application of and respect for the law, the Special
Rapporteur insists that all cases of abuse or rape against girls and women,
especially those belonging to minorities, should be duly punished. In this
respect the duty of police authorities to carry out lawful arrests and
searches should be recalled and applied in practice. Similarly, police
officers should be held personally responsible, under both civil and criminal
law, for any arbitrary arrest or detention. An indisputable record must be
kept of the day and time of any arrest/detention and the reason for it, while
all legal proceedings and guarantees must be complied with.
87.
Victims should also be duly informed of the proceedings and guarantees
provided by law.
88.
With regard to all the above considerations, the Special Rapporteur is
aware that existing legislation and the way it is applied have been inherited
from the past, particularly from periods of dictatorship. Nevertheless, the
Government’s political will to foster tolerance must be asserted with greater
determination and followed up, as and when required, with practical
improvements, in line with the above recommendations.
89.
With regard to society, the Special Rapporteur remains concerned at
manifestations of intolerance and more generally speaking at the clearly
limited expression of the culture of tolerance. He believes that a special
effort should be made in order to encourage and develop the culture of
tolerance and of human rights. A limited rate of literacy, rigid social
structures, authoritarian education, political militancy, media frenzy and
politically inclined religious practices are not conducive to reducing
tensions, particularly between individuals or groups, nor to developing a
culture of tolerance. The Special Rapporteur considers that there is an
urgent need to inculcate a spirit of tolerance and freedom in order to ensure
that rights and liberties are enjoyed by all. The role of the State in this
respect is fundamental and inescapable. There can be no real and lasting
progress as regards tolerance while the greater part of the population remains
illiterate and so long as the school system, the family, the media and
religious practices (regardless of persuasion) are not called upon to make a
fundamental effort to bring about a change of attitude and to ensure that the
culture of tolerance is developed and strengthened. The State could also play
a more active role in making public opinion more aware of the culture of
tolerance. With the encouragement of the State, mass communication media
should help more effectively to combat all forms of intolerance and
discrimination based on religion or belief.
90.
The Special Rapporteur also considers that it would be appropriate to
implement the programme of advisory services of the Centre for Human Rights
and recalls the recommendations contained in his report E/CN.4/1995/91.
Suitable training of police and administrative staff in human rights,
especially in the field of religious freedom, would be very welcome.
91.
With regard to religious extremism, in accordance with Commission on
Human Rights resolution 1995/23, the Special Rapporteur encourages the
Government to restrain it and to take appropriate measures in conformity with
the law.