E/CN.4/1996/95/Add.2
page 21
Intolerance and of Discrimination based on Religion or Belief, and in
accordance with the interpretation by the Human Rights Committee.
92.
In fact, in its general comment 22 (48) of 20 July 1993, the Human Rights
Committee observed that the freedom to "have or to adopt" a religion or belief
necessarily entailed the freedom to choose a religion or belief, including the
right to replace one’s current religion or belief with another or to adopt
atheistic views, as well as the right to retain one’s religion or belief.
Article 18, paragraph 2, of the International Covenant on Civil and Political
Rights bars coercion that would impair the right to have or adopt a religion
or belief, including the use of threat of physical force or penal sanctions to
compel believers or non-believers to adhere to religious beliefs and
congregations, to recant their religion or belief or to convert
(HRI/GEN/1/Rev.1, para. 5).
93.
With regard to the implementation of the legislation and policy in force,
due to the complexity of the situations, the Special Rapporteur’s analysis
covers both the recognized minorities and the other non-Muslim minorities.
94.
Concerning the recognized non-Muslim religious minorities, namely, the
Zoroastrian, Jewish, Assyro-Chaldean and Armenian minorities, although the
Special Rapporteur is disturbed by the fact that many members of those
minorities have left Iran to the detriment of the country’s cultural and
ethnic wealth and diversity, he believes that their situation as a minority is
otherwise apparently satisfactory except in respect of some specific problems
for which the following recommendations have been formulated.
95.
In the religious field and particularly in that of religious education,
instruction manuals should be compiled in closer systematic collaboration with
competent representatives of the minorities in order to ensure that religious
beliefs are correctly transcribed and respected.
96.
Concerning religious publications and, in general, all publications
issued by minorities, the Special Rapporteur endorses the recommendations of
Mr. Abid Hussain, the Special Rapporteur on freedom of opinion and expression,
who considers that: "Any prior restraint on freedom of expression carries
with it a heavy presumption of invalidity under international human rights
law. Any institutionalization of such restraint adds further weight to this
presumption. In his opinion, the protection of the right of freedom of
opinion and expression and the right to seek, receive and impart information
would be better served, not by routinely submitting specific types of
expression to prior scrutiny, as is currently the case, but rather by
initiating action after publication, if and when required"
(E/CN.4/1996/39/Add.1, para. 40).
97.
In the socio-cultural field, the Special Rapporteur recommends that
practical steps should be taken to ensure strict respect for the principle
that religious laws should be applied in personal and community affairs,
thereby excluding the application of the Shari’a to non-Muslims. With regard
to the dress code, the Special Rapporteur emphasizes that the various
community traditions and behaviour concerning dress should likewise be
respected, but believes that dress should not be turned into a political
instrument and that flexible and tolerant attitudes should be shown so that