E/CN.4/1998/6
page 2
I.
INTRODUCTION
1.
At its forty-second session, the Commission on Human Rights decided, in
resolution 1986/20 of 10 March 1986, to appoint for one year a special
rapporteur to examine incidents and governmental action in all parts of the
world inconsistent with the provisions of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief,
and to recommend remedial measures for such situations.
2.
In accordance with the terms of that resolution, the Special Rapporteur
submitted his first report to the Commission at its forty-third session
(E/CN.4/1987/35). His mandate was extended for one year by resolution 1987/15
of 4 March 1987, adopted at the same session of the Commission.
3.
From 1988 onwards, the Special Rapporteur submitted yearly reports to
the Commission (E/CN.4/1988/45 and Add.1; E/CN.4/1989/44; E/CN.4/1990/46;
E/CN.4/1991/56; E/CN.4/1992/52; E/CN.4/1993/62 and Corr.1 and Add.1). By its
resolutions 1988/55, 1990/27 and 1992/17, the Commission twice decided to
extend the Special Rapporteur's mandate for two years, and then for three
years until 1995.
4.
After the resignation of Mr. Angelo d'Almeida Ribeiro, the Chairman of
the Commission appointed Mr. Abdelfattah Amor as Special Rapporteur. The
latter submitted his reports to the Commission on Human Rights at its
fiftieth, fifty-first, fifty-second and fifty-third sessions (E/CN.4/1994/79;
E/CN.4/1995/91 and Add.1; E/CN.4/1996/95 and Add.1 and 2; E/CN.4/1997/91
and Add.1), and also to the General Assembly at its fiftieth, fifty-first and
fifty-second and fifty-third sessions (A/50/440; A/51/542 and Add.1 and 2;
A/52/477 and Add.1). By its resolution 1995/23 of 24 February 1995, the
Commission on Human Rights decided to extend the Special Rapporteur's mandate
for a further three years.
5.
This report is submitted pursuant to Commission on Human Rights
resolution 1997/18 of 11 April 1997. The Special Rapporteur has concentrated
his analysis on legislation in the sphere of tolerance and non-discrimination
concerning religion or belief, in situ visits and their follow-up, the
establishment of a culture of tolerance, and the status of communications sent
since the Commission's fifty-third session.
II.
IDENTIFICATION OF LEGISLATION IN THE FIELD OF TOLERANCE
AND NON-DISCRIMINATION CONCERNING RELIGION OR BELIEF
6.
The Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief, of 1981, provides in article 4,
paragraph 2, that all States shall make all efforts to enact or rescind
legislation where necessary to prohibit any such discrimination, and to take
all appropriate measures to combat intolerance on the grounds of religion or
other beliefs in this matter. The objective to be achieved, which is
established in article 7 of the Declaration, is that the rights and freedoms
set forth in the Declaration shall be accorded in national legislation in such
a manner that everyone shall be able to avail himself of such rights and
freedoms in practice.