E/CN.4/1998/6
page 26
following: “Special Rapporteur for the implementation of the Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief”; “Special Rapporteur on the elimination of all forms of
intolerance or discrimination based on religion or belief”; or “Special
Rapporteur on freedom of religion and belief”.
105. The present Special Rapporteur's preference is for the last title,
“Special Rapporteur on freedom of religion and belief”. First, it encompasses
not only freedom of religion but also freedom of belief, in other words,
agnosticism, freethinking, atheism and rationalism, and secondly it does not
carry the negative connotations of intolerance and discrimination. It is a
neutral title, comparable to “Special Rapporteur on the right to freedom of
opinion and expression”, which faithfully reflects the Special Rapporteur's
mandate and thus facilitates cooperation with all parties concerned. Lastly,
it is a concise practical title that is easy to use. The Special Rapporteur
wishes to emphasize the difficulties and tensions to which the terms
“intolerance” and “discrimination” may give rise in his dealings with some of
his interlocutors, with whom dialogue is thus rendered more difficult.
106. The Special Rapporteur wishes to express his thanks to Governments for
having cooperated with the activities of the mandate, and especially those
which have attempted, since the establishment of the mandate, to shed light on
the allegations transmitted and have replied positively to requests for
in situ visits, information and documentation, particularly in the fields of
legislation and education.
107. Regarding the replies by States to the communications, the Special
Rapporteur wishes to point out that since he took office, the deadlines
for replies have been set at two months for an ordinary communication and
two weeks for urgent appeals. The decision to set reasonable deadlines for
replies, enabling the necessary investigations to be undertaken, should not
however lead to excessive delay. It is also essential for the successful
implementation of the mandate that all States receiving requests take the
trouble to reply to communications. In order to remedy the problems of late
replies and failure to reply, during this year the Special Rapporteur has
adopted the practice of sending reminders. Unfortunately, few States have
responded to these reminders. For this reason, the Special Rapporteur appeals
to the sense of responsibility of the States concerned and invites them,
should they encounter difficulties with reply deadlines, to consult him.
While reiterating his openness and desire for dialogue, the Special Rapporteur
could, as some parties have requested, consider publishing a table outlining
the attitude taken by the States to which requests have been sent since the
establishment of the mandate.
108. The Special Rapporteur at the same time wishes to thank the
non-governmental organizations for cooperating in his mandated activities,
both by providing information, analyses and advice, particularly in connection
with the gathering and verification of allegations and the preparation and
conduct of in situ visits, and by taking initiatives to strengthen the mandate
in intellectual, financial, logistical and human terms.
109. The Special Rapporteur also wishes to expand his cooperation with the
treaty bodies, particularly the Human Rights Committee, the Committee on the