E/CN.4/1992/52
page 89
III.
CONSIDERATION OF GENERAL INFORMATION RELATING TO THE IMPLEMENTATION
OF THE DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE
AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF
A.
Replies to a questionnaire
76. In the implementation of his mandate and in order to appraise better the
constitutional and legal guarantees of freedom of thought, conscience,
religion and belief, the Special Rapporteur has been collecting information
transmitted to him by Governments, non-governmental organizations and other
religious and lay sources, with a view to acquainting himself with the
measures taken by States to combat intolerance, and incidents and governmental
actions which might be inconsistent with the provisions of the Declaration.
The Special Rapporteur once again wishes to express his gratitude for the
thorough and detailed explanations as well as the voluminous legal
documentation he has received in this regard.
77. When examining the information provided by Governments concerning
legislation, the complaints regarding religious discrimination and intolerance
received over the years and the answers of Governments concerning these
allegations, the Special Rapporteur felt that it would be useful to examine
certain specific questions within the purview of his mandate on the basis of a
comparative study of relevant national legislation. In view of the fact that
his mandate is not to evaluate national legislation with regard to religious
intolerance, as indicated in his report to the Commission on Human Rights at
its forty-seventh session (E/CN.4/1991/56), he did so on the basis of
information provided by Governments concerning such legislation, but also
taking into account concrete complaints regarding religious discrimination
and intolerance he had received over the years. It may be recalled that the
Special Rapporteur formulated a questionnaire encompassing 11 general
questions which he considered particularly relevant in the light of the
experience he has gained so far. The questionnaire was sent out to all
Governments on 25 July 1990.
78. Most countries provided answers following the structure of the
questionnaire. Their replies are reproduced in their totality and have only
been summarized as far as purely historical references are concerned. A
number of countries did not answer question by question but provided answers
of a general nature, excerpts from legislation, or referred to earlier
replies. Some countries gave interim replies. To the extent that material
could be extracted from these answers, it has been reproduced. In other
cases, a descriptive summary has been provided.
79. In view of the fact that replies were still arriving when his report to
the forty-seventh session of the Commission on Human Rights was being
finalized, the Special Rapporteur decided to postpone his analysis of the
material received to his report to the Commission on Human Rights at its
forty-eighth session. All replies received by 20 December 1990 are reflected
in chapter II, part A of his report to the Commission at its forty-seventh
session (document E/CN.4/1991/56); those received by 30 November 1991 are
reflected in chapter II of the present report. In order to reflect all the
replies received on an equal basis, the Special Rapporteur has retained the
presentation appearing in his last report. The present report should thus be
considered together with document E/CN.4/1991/56.