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).

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