Economic and Social Council

UNITED NATIONS Economic and Social Distr. Council GENERAL E/CN.4/Sub. 2/1987/26 31 August 1986 ENGLISH Original» ENGLISH/SPANISH ECONOMIC COMMISSION FOR EUROPE COMMISSION ON HUMAN RIGHTS Sub-Commission on Prevention of Discrimination and Protection of Minorities Thirty-ninth session Item 13 of the provisional agenda ELIMINATION OF ALL FORMS OF INTOLERANCE AND DISCRIMINATION BASED ON RELIGION OR BELIEF Study of the current dimensions of the problems of intolerance and of discrimination on grounds of religion or belief Report by Mrs. Elizabeth Odio Benito, Special Rapporteur GE.86-11939/5151E/5152E E/CN.4/Sub.2/1987/26 page ii CONTENTS Paragraphs Pages Introduction , 1-33 1 Chapter I. CURRENT DIMENSIONS OF THE PROBLEM OF INTOLERANCE AND DISCRIMINATION BASED ON RELIGION OR BELIEF 34 - 155 7 A. Rights violated by manifestations of intolerance and discrimination based on religion or belief 41-44 8 B. Intolerance and discrimination based on religion or belief in the contemporary world 45-82 9 * •• C. Relationships between State and Church . 83 - 88 19 D. Analysis of existing constitutional and legal guarantees of freedom of thought, conscience, religion and belief 89 - 155 21 II. ROOT CAUSES OF INTOLERANCE AND DISCRIMINATION BASED ON RELIGION OR BELIEF 156 - 187 38 A. Ignorance and lack of understanding .... 167 - 169 41 B. Variations in religiosity 170 - 175 41 C. Developments of history 176 - 180 44 D. Social tensions 181 - 187 46 III. THE DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF> ITS NATURE AND JURIDICAL SCOPE 188 - 204 48 A. Some background and initial considerations. 188 - 190 48 B. Juridical scope of the Declaration .... 191 - 195 48 C. Contents of the Declaration ........ 196 - 204 49 IV. RECOMMENDATIONS 205 - 263 51 A. Elaboration of an international convention for the elimination of all forms of intolerance and discrimination based on religion or belief 209 - 217 52 E/CN.4/Sub.2/1987/26 page iii CONTENTS (cont.) Paragraphs Pages Chapter B. Action and activities of United Nations organs and bodies to prevent and eliminate discrimination and intolerance on the grounds of religion or belief 218 - 240 53 C. Action by the States Members of the United Nations 241 - 257 59 D. Action by non-governmental organizations and religious bodies and groups 258 - 263 63 Annex Relevant activities of the Committee on the Elimination of Racial Discrimination and the Human Rights Committee Selected bibliography E/CN.4/Sub.2/1987/26 page 1 Introduction 1. Three decades ago, in 1956, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided to proceed with a study of discrimination in the matter of religious rights and practices, and appointed Mr. Arcot Krishnaswami as its Special Rapporteur for the study. 2. Mr. Krishnaswami presented his final report 1/ to the Sub-Commission at its twelfth session, in 1960. It was welcomed not only because of the profound analysis of the problem of discrimination in the matter of religious rights and practices which it contained, based upon voluminous information which had been collected and which threw light upon an exceedingly delicate and much-misunderstood problem, but also for its scrupulous objectivity and for the excellence of its literary style. It was characterized as a landmark in the efforts of the United Nations to eradicate prejudice and discrimination based on religion or belief. 2/ 3. Before the study could be issued in printed form, an outbreak of manifestations of intolerance and discrimination based on religion or belief occurred in Europe. These manifestations, which took place in several countries and were of such a serious nature as to arouse the concern of the international community, appeared to many to indicate a possible revival of Nazism or at least the subsistance in some areas of Nazi, neo-Nazi or similar groups active in fomenting hatred against various religious groups. On 12 December 1960 the General Assembly condemned all such manifestations and practices as violations of the Charter of the United Nations and of the Universal Declaration of Human Rights, and called upon the Governments of all States to take all necessary measures to prevent them. 3/ 4. In 1961 the Sub-Commission recorded with satisfaction the widespread and spontaneous reaction of many Governments, organizations and individuals to the manifestations which had occurred. On its recommendation the General Assembly, in resolution 1779 (XVII) of 7 December 1962, called upon the Governments of all States to rescind discriminatory laws which had the effect of perpetuating racial prejudice and national and religious intolerance, to adopt legislation if necessary to prohibit such discrimination, and to take other appropriate measures to combat such prejudice and intolerance. The Assembly recommended that all Governments should, through education and all media of information, actively discourage the creation, propagation and dissemination of such prejudice and intolerance in any form whatever. - 5. On 7 December 1962, the Assembly also initiated the preparation of a draft declaration and a draft convention on the elimination of all forms of religious intolerance. 4/ It specified that the draft declaration should be submitted to it for consideration in 1963, and the draft convention for consideration in 1964 if possible, but in any case not later than 1965. 6. The Sub-Commission completed a preliminary draft declaration in 1964 and a preliminary draft convention in 1965. The Commission completed its work on the draft convention, to which it accorded priority, in 1967. The General Assembly began its work on the draft convention at its twenty-second session, in 1967, and was able to adopt the preamble and article 1 thereof, in the Third Committee, at that session. E/CN.4/Sub.2/1987/26 page 2 7. From that moment on, however, the sense of urgency appeared to dissipate. The Assembly postponed consideration of the item at its twenty-third to twenty-sixth sessions. An effort was made to revive it in 1972, at which time the Assembly decided to give priority to the draft declaration. 5/ In 1973 the Assembly affirmed the equal importance of the proposed declaration and convention, and in 1974 it requested the Commission to submit to it a single draft declaration. The Commission began to formulate such a draft, using the preliminary draft which the Sub-Commission had prepared in 1964 as a basis, at its thirtieth session, in 1974. It completed this work only in 1981. the General Assembly was then able, late in 1981, to adopt and proclaim, by unanimous vote, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. 6/ 8. Although the General Assembly considered the question of an international convention on the elimination of all forms of intolerance and of discrimination based on religion or belief at its twenty-second session, in 1967, and was able at that session to aodpt the preamble and article 1 of such a convention (see A/7930, paras. 19-20), using as a basis for its work the texts submitted to it by the Commission on Human Rights (A/7930, annex III), it has not yet completed its consideration of the draft convention. It has, however, authorized wide dissemination of, and publicity for, the Declaration, and has requested the Commission "to consider what measures may be necessary to implement the Declaration and to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief. 7/ 9. To a remarkable extent, the Study of Discrimination in the Matter of Religious Rights and Practices, which initiated the activities described above, is as relevant today as it was at the time of its publication in 1960. In particular, its analysis of the concept of the right to freedom of thought, conscience and religion or belief remains unassailable although new insights have served to develop and to clarify it. 10. The present report has been prepared in accordance with General Assembly resolution 37/187, Commission on Human Rights resolution 1983/40, and resolution 1983/31 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. The Commission requested the Sub-Commission to undertake "a comprehensive and thorough study of the current dimensions of the problems of intolerance and of discrimination on grounds of religion or belief", using the Declaration as terms of reference, and the Sub-Commission appointed the Special Rapporteur to prepare such a study. It requested her to include therein* "(a) A report on the various manifestations of intolerance and discrimination on the grounds of religion or belief in the contemporary world and on the specific rights violated, using the Declaration as a standard» "(b) The various manifestations of intolerance and discrimination on the grounds of religion or belief, identifying their root causes» "(c) Recommendations as to specific measures that can be adopted to combat intolerance and discrimination on the grounds of religion or belief, with special emphasis on action that can be taken in the field of education." 8/ E/CN.4/Sub.2/1987/26 page 3 11. In seeking the material required for the present report, the Special Rapporteur found it necessary to analyse further, in the light of the new insights mentioned above, Mr. Krishnaswami's elaboration of the concept of the right to freedom of thought, conscience and religion, to review the scope of that concept, and to update its terminology. 12. Mr. Krishnaswami referred, for example, to "freedom of thought, conscience and religion" throughout his report, and with good reason, since these are the words used in article 18 of the Universal Declaration of Human Rights and article 18 of the International Covenant on Civil and Political Rights.

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