A/HRC/6/5
page 20
designed to facilitate and tailor to the mandate the submission of information with regard to
potential or actual violations of the right to freedom of religion or belief. Furthermore, NGOs
may also help in ensuring an effective follow-up to the Special Rapporteur’s observations in her
communications reports and to the mandate holder’s recommendations in country reports.
48. The terms of reference for fact-finding missions by Special Rapporteurs
(see E/CN.4/1998/45, appendix V) provide, inter alia, for “assurance by the Government that no
persons, official or private individuals who have been in contact with the special
rapporteur/representative in relation to the mandate will for this reason suffer threats, harassment
or punishment or be subjected to judicial proceedings”. However, there have been cases of
reprisals against persons cooperating with representatives of United Nations human rights
bodies, including the Special Rapporteur on freedom of religion or belief. Since 1993, these
cases as well as incidents where private individuals have been hampered in their efforts to avail
themselves of United Nations human rights procedures have been documented in reports of the
Secretary-General.6 It is imperative that Governments abide by their assurances and the Special
Rapporteur will remain vigilant in order to protect individuals who try to cooperate with her
mandate. Furthermore, she hopes that all incidents of intimidation or reprisals against human
rights defenders will be scrutinized persistently by the judiciary, the media and civil society.
III. CONCLUSIONS AND RECOMMENDATIONS
49. The 21 years of mandate practice confirm the statement in Human Rights Council
resolution 4/10 that “the disregard for and infringement of human rights and fundamental
freedoms, in particular the right to freedom of thought, conscience, religion or belief,
continue to bring, directly or indirectly, wars and great suffering to humankind”. Many
further efforts need to be made at the international and national levels in order to eliminate
intolerance and discrimination based on religion or belief. The right to freedom of religion
or belief is a fundamental human right which is guaranteed by various international legal
instruments, some of them are legally binding and others are so-called soft law. In her
framework for communications (E/CN.4/2006/5, annex) the Special Rapporteur compiled
the international human rights standards concerning freedom of religion or belief,
including those referred to in Human Rights Council resolution 4/10. The Special
Rapporteur also uses the framework’s structure of thematic categories in the present
report in order to illustrate the pressing issues of concern for her mandate.
50. Particularly worrying are cases where the freedom to adopt, change or renounce
a religion or belief has been infringed, for example when State agents try to convert,
reconvert or prevent the conversion of persons. While the right to freedom to worship is
not limited to members of registered religious communities, many believers belonging to
6
See the reports of the Secretary-General (E/CN.4/1993/38, E/CN.4/1994/52, E/CN.4/1995/53,
E/CN.4/1996/57, E/CN.4/1997/27, E/CN.4/1998/57, E/CN.4/1999/27, E/CN.4/2000/101,
E/CN.4/2001/34, E/CN.4/2002/36, E/CN.4/2003/34, E/CN.4/2004/29, E/CN.4/2005/31,
E/CN.4/2006/30) and A/HRC/4/58.