A/54/386
III. Follow-up of the Special
Rapporteur’s initiatives concerning
the identification of legislation and
the preparation of studies on the
subject of tolerance and
non-discrimination based on religion
and belief and the creation of a
culture of tolerance
A. Legislation and studies
98. In the area of legislation, as stated in his latest report
submitted to the Commission on Human Rights
(E/CN.4/1999/58), the Special Rapporteur wishes to
compile a compendium of national enactments relating to
freedom of religion and belief. Such a collection, regularly
updated and available to all in a data bank at an Internet
site, would be useful, on the one hand, to
intergovernmental organizations (such as UNESCO and
OSCE), States and non-governmental organizations
engaged in activities with a direct or indirect link to
freedom of religion or belief and, on the other hand and in
particular, to the United Nations human rights bodies
(Commission on Human Rights, Subcommission for the
Promotion and Protection of Human Rights, treaty bodies
such as the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on
the Rights of the Child, the Committee on the Elimination
of Discrimination against Women, the Committee on the
Elimination of Racial Discrimination) and the special
procedures, such as the mandate of the Special Rapporteur
on Religious Intolerance relating to his activities to
examine allegations, prepare in situ visits and their followup, research, studies and advice.
99. To date a total of 49 States have replied to the Special
Rapporteur’s requests to provide the text of the
constitutions in force or any other text equivalent to a
constitution, as well as the text of legislation and
regulations concerning religious freedom and public
worship: Algeria, Armenia, Azerbaijan, Bangladesh,
Bolivia, Cambodia, Cape Verde, Chile, Cuba, Cyprus,
Czech Republic, Denmark, Djibouti, Dominican Republic,
Ecuador, Estonia, Ethiopia, Finland, former Yugoslav
Republic of Macedonia, France, Indonesia, Israel, Italy,
Japan, Jordan, Kuwait, Malta, Mauritius, Namibia,
Pakistan, Poland, Portugal, Qatar, Republic of Korea, San
Marino, Saudi Arabia, Seychelles, Slovakia, Spain, Sudan,
Sweden, Switzerland, Syrian Arab Republic, Turkey,
United Kingdom of Great Britain and Northern Ireland,
Uruguay, Venezuela, Viet Nam and Yugoslavia. It would
be highly desirable for all States to cooperate not only by
sending the requested texts but also by updating the
documents already transmitted.
100. As far as studies are concerned, the Special
Rapporteur reiterates his recommendation that research
should be conducted, within the framework of his mandate,
to improve understanding of situations and complex and
sensitive phenomena, on the following topics: (a) status of
women with regard to religion and human rights; (b)
proselytism, freedom of religion and poverty; and (c) sects,
new religious movements and communities of religion and
belief and human rights.
B. Culture of tolerance
101. As explained in earlier reports, as regards
discrimination and intolerance based on religion or belief,
and in fact as regards all violations of human rights,
prevention is the top priority and urgent need. Intervention,
often ex post facto, in cases and situations constituting
violations, cannot continue without attention to the
underlying causes and attempts to avert them. This concern
was shared by the Commission on Human Rights which,
in its resolution 1994/18, encouraged the Special
Rapporteur on religious intolerance to examine the
contribution that education can make to the more effective
promotion of religious tolerance. This interest was
reiterated each year by the General Assembly. This year,
in its resolution 1999/39 on the mandate of the Special
Rapporteur, the Commission encouraged States to promote
and encourage — in particular through education —
understanding, tolerance and respect in areas relating to
freedom of religion or belief. In its resolution 1999/82
entitled “Defamation of religions”, addressed in particular
to the Special Rapporteur on religious intolerance, the
Commission stressed “the importance of creating
conditions to foster greater harmony and tolerance within
and among societies and the importance of education in
ensuring tolerance of and respect for religion and belief”.
102. Believing that school is an essential factor in the
transmission of values geared to human rights and
therefore in the emergence of a culture of tolerance and
non-discrimination as regards religion or belief, the
Special Rapporteur initiated an inquiry in 1994, through
a questionnaire addressed to States, on the problems
relating to freedom of religion and belief seen through
curricula and textbooks at institutions of primary or basic
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