A/CONF.189/PC.1/7
page 50
91
See in particular article 1, paragraph 2, and article 6 of the International Convention on the
Elimination of All Forms of Racial Discrimination and article 26 of the International Covenant
on Civil and Political Rights.
92
The designations are already controversial: traditional religions in the monotheistic sense as
well as Buddhism and Hinduism (but how can these be distinguished from traditional religions in
Africa, for example, or those practised by indigenous peoples?); major religions (but what is the
criterion for calling them “major”? Is it the number of followers or believers, or is it the age of
the religion?).
93
See, for example, articles 1 and 6 of the 1981 Declaration; see also article 5 of the
International Convention on the Elimination of All Forms of Racial Discrimination
of 21 December 1965.
94
For obvious reasons of objectivity, we have drawn our information from cases cited mostly in
the periodic reports of the Special Rapporteurs on religious intolerance and on racism, and in the
decisions taken by the Human Rights Committee under the Optional Protocol to the Covenant
and certain reports of the Commission on Human Rights. Moreover, only the most revealing
examples are cited; the fact that one example is cited and another not does not, of course, imply
the expression of any opinion on a State’s policy concerning discrimination and action to combat
discrimination, or on a particular minority or ethnic or religious group.
95
In India, 82 per cent of the population is Hindu and 12 per cent is Muslim. The Indian
Constitution protects the rights of all minorities, whether religious or linguistic.
96
In Bangladesh, the majority (85 per cent) of the population is Muslim and Bengali. Among
the ethnic and religious minorities, most of the Mandis of Mongolian and Chinese-Tibetan origin
are Christians. Hindus represent 8 per cent of the population.
97
According to the Sri Lankan Government, LTTE practises a policy of ethnic cleansing. In
Sri Lanka, 72 per cent of the population are of Sinhalese ethnic origin and are Theravada
Buddhists. Muslims represent 7 per cent of the population; there are about 1 million Christians
spread between the Sinhalese and Tamil communities.
98
Articles 4.2 and 4.7 of this law provide that “… the State will respect the predominant
position of the Buddhist religion in Mongolia” and “… the organized propagation of religion
from outside is forbidden”.
99
See also Commission on Human Rights resolution 1999/13 of 23 April 1999.
100
Article 4 of the Constitution further establishes the dominance of the Islamic religion and
“criteria” in every area of social life. See E/CN.4/1996/95/Add.2, paras. 5-6.
101
The question whether a minority exists does not depend on its recognition by the State but on
the objective factors mentioned in article 27 of the Covenant. See also Capotorti, op. cit.,
para. 204, and Asbjørn Eide (E/CN.4/Sub.2/1990/46, note 15, para. 16).