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particular attention needs to be given to the vulnerable situation of certain groups, such as
women, children, religious minorities, migrant workers, refugees and persons deprived of their
liberty.
25.
There are other issues of concern which are alluded to in the 1981 Declaration but which
have seen a more detailed elaboration in subsequent documents. On 31 May 2001, the
General Assembly adopted resolution 55/254 aiming at the protection of religious sites, in which
the Assembly invited relevant intergovernmental and non-governmental organizations to
contribute to the efforts to ensure that religious sites are fully respected and protected.
Intimately linked with this issue is the question of national requirements concerning the
registration of religious communities. Registration appears often to be used as a means to limit
the right of freedom of religion or belief of members of certain religious communities. The
Guidelines for Review of Legislation Pertaining to Religion or Belief, prepared by the Office for
Democratic Institutions and Human Rights’s Advisory Panel of Experts on Freedom of Religion
or Belief of the Organization for Security and Co-operation in Europe in consultation with the
Council of Europe’s Venice Commission in 2004,2 contain a concise chapter on laws governing
registration of religious/belief organizations and the Special Rapporteur has also referred to the
international legal standards in her previous reports and communications (see E/CN.4/2005/61,
paragraphs 57-58 and E/CN.4/2006/5/Add.1, paragraphs 51, 240, 389 and 446). Furthermore,
national legislation on religious symbols may have adverse effects on individuals, either because
they are prevented from identifying themselves through the display of religious symbols or
because they are required to wear religious dress in public. In this regard the Special Rapporteur
has formulated a set of general criteria on religious symbols in order to provide some guidance
on the applicable human rights standards and their scope (E/CN.4/2006/5, paras. 36-60).
26.
In the Special Rapporteur’s opinion, much more needs to be done in order to universally
safeguard freedom of religion or belief. Various dimensions of the Declaration are unexplored
yet and appropriate ways of implementing the 1981 Declaration’s standards would still need
more fine-tuning. Similarly to the drafting history of the 1981 Declaration, the Special
Rapporteur expects another “long and arduous road full of obstacles” ahead until discrimination
and intolerance based on religion or belief will finally be eliminated.
B. Role of the Special Rapporteur
27.
The mandate of the Special Rapporteur on freedom of religion or belief is closely related
to the history and contents of the 1981 Declaration. Created by Commission on Human Rights
resolution 1986/20, the Special Rapporteur on religious intolerance, as the mandate used to be
called, in the beginning had exclusively the mandate to examine incidents and governmental
actions which were inconsistent with the 1981 Declaration’s provisions. Gradually, the
Commission on Human Rights included further provisions into the mandate’s remit, such as
article 18 of the Universal Declaration of Human Rights, article 18 of ICCPR and various other
provisions of international human rights law. The pertinent legal framework of the Special
Rapporteur’s mandate is outlined in her 2005 report to the Commission on Human Rights
(E/CN.4/2005/61, paras. 15-20).
28.
As the first mandate-holder, Angelo Vidal d’Almeida Ribeiro, submitted his initial report
on 24 December 1986; there are now 20 years of mandate experience. In fact, the creation of the
Special Rapporteur’s mandate encountered similar problems and obstacles compared to the