A/HRC/10/8 page 20 International Covenant on Civil and Political Rights, the Special Rapporteur stressed that the prohibition of discrimination and freedom of religion or belief may be decisive in the evaluation of whether a restriction on the liberty of movement is permissible. 54. The right of indigenous peoples to maintain, protect and have access in privacy to their religious and cultural sites was affirmed in article 12 of the United Nations Declaration on the Rights of Indigenous Peoples. These issues were also raised by the previous mandate-holder in several country reports (E/CN.4/2002/73/Add.1; E/CN.4/1999/58/Add.1; E/CN.4/1998/6/Add.1). He insisted that access to and preservation of holy sites were fundamental rights in the sphere of religion or belief that must be guaranteed in accordance with the provisions of international human rights law. He welcomed any effort to ensure that indigenous peoples cease to be an excluded community and enjoy all their rights, especially economic, social and cultural rights. Indigenous peoples who suffer from an accumulation of unfavourable conditions - economic, social, cultural and religious - should benefit in practice from a policy of support to compensate for these inequalities. Such an approach needs to be in line with the general requirements for temporary special measures as reflected in several general comments issued by treaty bodies.14 IV. CONCLUSIONS AND RECOMMENDATIONS 55. Sixty years ago, the General Assembly adopted the Universal Declaration of Human Rights, which stipulates, inter alia, that “the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people”. It furthermore emphasized that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Unfortunately, there remains a long way to go in order to achieve the goals laid down in the Declaration. Indeed, discrimination based on religion or belief preventing individuals from fully enjoying all their human rights still occurs worldwide on a daily basis. 56. The issue of discrimination based on religion or belief has been at the heart of the mandate since its inception in 1986, when the mandate was still entitled “Special Rapporteur on religious intolerance”. Over the years, the Special Rapporteur has reported on numerous cases of discrimination adversely affecting civil, cultural, economic, political and social rights. By discussing the impact of discrimination based on religion or belief on the enjoyment of economic, social and cultural rights in the present report, the Special Rapporteur has highlighted some of the problematic trends in this area. She hopes that this preliminary analysis might lead to a deeper reflection on this important issue. 14 Committee on Economic, Social and Cultural Rights general comments Nos. 13 (1999), 16 (2005) and 17 (2005); Human Rights Committee general comments Nos. 17 (1989), 18 (1989) and 23 (1994); Committee on the Elimination of Racial Discrimination general recommendations Nos. XXVII (2000), XXIX (2002) and XXX (2005); Committee on the Elimination of Discrimination against Women general comments Nos. 5 (1988), 18 (1991), 23 (1997) and 25 (2004); Committee on the Rights of the Child general comments Nos. 4 (2003) and 5 (2003).

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