E/CN.4/1996/95
page 6
26.
The communications have been classified on the basis of the relevant
articles of the 1981 Declaration, namely articles 1 to 6, and of certain human
rights (the right to life, to physical integrity and security of person, the
right to freedom of movement, the right to freedom of opinion and expression).
It can be seen that, in decreasing order, violations of the right to life, to
physical integrity and security of person are most numerous (184 violations)
and this is a constant feature each year. 2/
27.
Article 1 of the Declaration (freedom of thought, conscience and religion
and freedom to manifest one’s religion or belief) accounts for the second
highest number of violations (116 violations, mainly cases of prohibition of
proselytizing, of possessing certain religious objects and cases of forced
conversions) and article 6 of the Declaration (freedoms associated with
freedom of thought, conscience, religion or belief) is in third place with
many cases of closure, destruction and prohibition of the construction of
places of worship, prohibition of religious publications, of celebration of
religious holidays and violations of the freedom to elect religious leaders.
28.
Violations of articles 2 and 3 of the Declaration (discrimination) are in
fourth place. It is important to note that these violations have increased
substantially each year. These are cases of discrimination in employment and
education and an atmosphere of intolerance towards certain religious
communities. These violations are often the result of discriminatory national
and local laws and regulations. Moreover, article 4 of the Declaration (State
and, in particular, legislative measures in the religious field) is also in
fourth place in terms of the number of violations; hence the paramount
importance of continuing to work to promote national laws which conform with
international law.
29.
Violations of the right to freedom of movement, often in the form of
forced exile and local expulsions, are in fifth place.
30.
Article 5 of the Declaration (children, parents and legal guardians in
the religious sphere) is in sixth place.
31.
Violations of the right to freedom of opinion and expression come last,
no doubt because this right does not fall exclusively within the mandate of
the Special Rapporteur but is sometimes relevant in the religious field.
32.
Regarding the replies, of the 74 States to which communications were
sent, 23, i.e. 30 per cent, never replied; the proportion of replies to
communications ranged from 23 to 81 per cent. However, some replies were
occasionally incomplete, imprecise and in some cases could even be considered
inadmissible.
33.
With regard to the quality of the replies, of the 147 replies received
for the period 1988-1995, 126 (85 per cent) were precise and 119 (80 per cent)
were complete. These results are positive and encouraging, especially in view
of the many requests made of States, especially within the framework of the
United Nations, and the tendency in the past few years for States to be
sparing with their replies. None the less, the Special Rapporteur feels it is
essential for all States to submit their replies, and has therefore had