E/CN.4/1996/95
page 15
71.
A culture of human rights, and particularly of tolerance, cannot be
decreed. It is learned and absorbed progressively through initiatives and
measures over the long term, which, although altering with time, should not be
conjugated in a past tense, still less in the past historic. It is essential
that negotiation should attain value status, that breakdowns should be avoided
and dynamic compromises based on facts should be reached pragmatically. Such
compromises make it possible to go beyond what is hateful and to move forward
in the search for the best that can be achieved without ever failing - even
when there is very little latitude or room to manoeuvre - to take a stand
against tyranny, totalitarianism and everything else which is likely to impose
uniformity of attitudes and behaviour, to deny freedom of conscience or to
mortgage intelligence.
72.
The Special Rapporteur is particularly grateful for the efforts of those
Governments which, since his mandate was established, have attempted to shed
light on the allegations submitted to them, in accordance with the wish
expressed by the Commission on Human Rights in its resolution 1995/87 to the
effect that Governments should respond "expeditiously to requests for
information made to them through established procedures, so that the Special
Rapporteurs in charge of thematic issues may carry out their mandates
effectively". The replies provided by Governments are invaluable in enabling
the Special Rapporteur to reach an informed opinion on a given situation in a
country with regard to religious freedom.
73.
As for the follow-up to allegations communicated to Governments and the
replies received from them, the Special Rapporteur has reported his views and
observations and has reverted to specific situations whenever the problems and
manifestations of religious intolerance so required, or as long as Government
replies - or absence thereof - failed to provide the necessary clarification.
The Special Rapporteur will also in future study the question of Governments
which do not furnish replies to the allegations transmitted to them
(30 per cent rate of failure to reply for the period 1988-1995). It is
important for States and the principal United Nations bodies to take increased
interest in this phenomenon.
74.
With reference to the time-frame for replies and in particular late
replies, the Special Rapporteur would like to point out that, since he
undertook his duties, Governments have had at least two months, which he
considers essential for the necessary investigations and to reply to the
allegations transmitted to them. The decision to grant Governments a
reasonable time-frame for reply should not, however, lead to excessive delays.
With regard to the new urgent appeal process introduced as part of the mandate
relating to religious intolerance, the Special Rapporteur calls on States to
cooperate by replying to all such appeals and no later than two weeks from the
date of the request. The Special Rapporteur also hopes to strengthen State
cooperation through consultations with their delegations in addition to visits
to be made in situ.