E/CN.4/1998/6/Add.1
page 25
museums, the States concerned should be encouraged to cooperate by removing
any political, legislative or other obstacle to the return of the objects as
quickly as possible.
124. With regard to conflicts of economic, political and religious interests,
the Special Rapporteur would like to recall that freedom of belief, in the
present case, that of the Aboriginals, constitutes a basic issue and deserves
even stronger protection. The freedom to manifest belief is also recognized,
but may be subject to limitations insofar as these are strictly necessary, as
stipulated in article 1, paragraph 3, of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief and
article 18 of the International Covenant on Civil and Political Rights.
125. The manifestation of belief therefore needs to be reconciled with
political, economic and other rights and concerns, which are just as
legitimate, through dialogue and respect for all parties, including
Aboriginals. With regard to the Hindmarsh Island case, the Special Rapporteur
calls for a serene approach to the matter and a conciliatory settlement
between the parties.
126. Lastly, the Special Rapporteur welcomes the authorities' efforts to
ensure that Aboriginals cease to be an excluded community and enjoy all their
rights, especially economic, social and cultural rights, by applying the
principle of positive discrimination. The private sector, especially
employers, should echo this policy and be aware of the importance of
Aboriginal beliefs. Considering that Aboriginals are in general economically
marginalized and affected by unemployment, sometimes as a result of their
religious constraints, special protection should be given to that community,
especially by encouraging a change in attitudes in order to arrive at a
compromise between economic considerations and religious practice.
127. Generally speaking, the Aboriginal question should be considered with
more understanding in Australian society, with a view to eliminating any
surviving forms of racism related to historic, social and economic factors
which also affect religion.
-----