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In a communication dated 12 September 1994, the Special Rapporteur transmitted the following information to the Government of Lebanon:

"The Special Rapporteur has been informed of the attack on the Church of Our Lady of Deliverance at Zouk on 27 February 1994. The act reportedly left 11 dead and 54 injured among the congregation attending mass. On 13 June, Samir Geagea, former head of the Lebanese militia and seven of his associates were reportedly charged with involvement in the attack and the death penalty called for.

According to certain information, in 1993, two cemeteries were desecrated, and before the Christmas holiday, the Hezbollah reportedly made threats against Christians if they celebrated Christmas and New Year, two traditions which that organization deems to be neither Arab nor Muslim."

In a communication dated 18 August 1994, the Special Rapporteur brought the following allegations to the attention of the Government of Liberia:

"The Special Rapporteur has been informed that armed clashes have allegedly engendered an atmosphere of insecurity, the destruction of places of worship, murders of priests and pastors and the departure of many foreign missionaries.

Cases that have been brought to the Special Rapporteur's attention are summarized below:

- In April 1992, Father Seraphino Dalphont, an Italian priest, was allegedly arrested for possession of money issued by the interim Government and of a Catholic newsletter which was deemed seditious literature. He was reportedly released after paying a heavy fine but was again arrested for alleged espionage activities and held in Gbarnga police station until mid-May, when he was released and expelled to Côte d'Ivoire;

- On 20 October 1992, two Catholic nuns of American nationality and one Liberian national employed in their convent were allegedly killed in the nuns' vehicle near Barnesville, a Monrovia suburb. The murderers were apparently members of the National Patriotic Front of Liberia;

- On 23 October 1992, six soldiers of the National Patriotic Front of Liberia allegedly raided the Barnesville convent and killed three other American nuns.

The Special Rapporteur has received reports that an armed Muslim group called the "Islamic warriors" is waging a jihad against the Christians in Lofa County, in the north of the country. These extremists have allegedly burned hundreds of villages and killed many people. In June 1993, they reportedly murdered three pastors and one minister of the Jehovah's Witnesses sect. One of them, Thomas Korfeh, was said to have been thrown into a tank filled with oil and had boiling water poured over his head. The Muslim extremists then reportedly lit a fire and boiled him in public, in order to inspire terror. The other two pastors, John Fallah and David Saah, were disembowelled. The population was then allegedly terrorized and humiliated in various ways. A curfew was then declared and anyone who did not respect it was killed. In addition, the "Islamic warriors" allegedly looted villages and stole all the church bells, closed all Christian places of worship and denied the congregation access to them. It was allegedly forbidden also to walk in the street with a Bible or any other Christian book, on pain of death."

In a communication dated 18 August 1994, the Special Rapporteur addressed the following comments to the Government of Malaysia:

"The Special Rapporteur has been informed that measures have been taken to strengthen the anti-conversion laws.

The State of Johor in southern Malaysia is reported to have adopted in 1991 a 'law relating to the control and restriction of the propagation of non-Islamic religions', article 4 of which provides as follows:

'A person shall be deemed to have committed an offence if he or she by persuasion, influence, compulsion or incitement, or by holding or organizing an activity, presentation or entertainment induces or incites a Muslim to become an adept, member or supporter of a non-Islamic religion.'

Under this law a fine of $4,000 and a four-year prison sentence may be imposed.

According to reports received, in the towns of Johor, Bahru, Mukim, Plentong and Pasir Guolang, Christians encounter considerable difficulty in obtaining permits for the construction of places of worship. The local authorities are said to refuse or postpone the issue of permits. The following case has been brought to the attention of the Special Rapporteur:

In 1993, a town council allegedly approved the construction of the main edifice of a Catholic church. However, in August 1993, following a public protest by the local Muslim community, the authorities cancelled the building permit.

In the educational sphere, in some Christian schools education officials are reported to have required the removal of all crosses and Christian symbols and their replacement by a star or crescent.

The Special Rapporteur has also been informed that the Ministry of the Interior censures the employment of certain words whose use in the national language is restricted to Muslims and prohibited for non-Islamic religions. The words include Allah (God) and Salat (prayer). As a result, the sale of the Bible in Malay is allegedly banned as it contains some of the censured words.

According to some reports, in the State of Kelantan the authorities intend to introduce the laws translating "Al Hudud", which under the Shariah treat theft, rebellion, adultery and fornication, false accusation of sexual offences, drunkenness and apostasy as crimes. Although Muslims make up 7 per cent of this State's population, the authorities are said to be attempting to introduce laws calling for amputation of a finger or a hand for theft, 100 lashes for sexual offences and the death penalty for apostasy."

In a communication dated 5 October 1994, the Special Rapporteur sent the following information to the Government of Malaysia:

"According to the information received, a religious organization called 'Al Argam' has been banned by the Fatwa National Committee on the grounds that the movement's teachings and beliefs are at variance with the teaching and practice of Islam and could lead Muslims astray.

The ban is said to relate to the organization's ideology (identification of Al Argam's leader, Ashaari Muhammad, as a prophet), philosophy, practice and publications.

Following the ban, government representatives and senior officials are said to have threatened action against Al Argam followers and sympathizers. Investigations have reportedly been opened, in particular in the following universities: 'University Sains Malaysia' and 'University Kebangsaan Malaysia'.

On 26 August 1994, the Government reportedly declared Al Argam to be illegal. Following that decision, mass arrests of that religious organization's supporters reportedly took place, followed by release on bail. In particular, on 27 August, 164 people are said to have been detained and then released on bail. In addition, Ashaari Muhammad, Al Argam's leader, has reportedly been in detention since 3 September, together with his wife and six-month-old daughter."

In a communication dated 18 August 1994, the Special Rapporteur sent the following comments to the Government of Morocco:

"According to reports, although the Constitution guarantees freedom of worship, in practice, only Islam, Christianity and Judaism are said to be authorized. The Baha'is, a community of 150 to 200 persons, has reportedly not been allowed to meet or to have public activities since 1983.

Moreover, according to Islamic law and tradition, renouncing the Muslim faith is strictly forbidden and any attempt to convert a Muslim is punishable by imprisonment. The Special Rapporteur has been informed that, in September 1993, 19 Muslims were allegedly arrested because they had received Christian literature from a foreigner. One of them, Mustapha Zmamda (29 years of age), who had become a Christian after listening to radio broadcasts from Monte Carlo and had taken Bible-study courses by correspondence, had refused to sign an undertaking not to receive Christian literature. The 18 others accused are said to have signed this undertaking under duress. Because of his refusal to sign, Mr. Zmamda was allegedly sentenced to three years' imprisonment and was released after two months in detention after he renounced Christianity. A Brazilian missionary, who led Bible-study meetings which Mr. Zmamda attended, reportedly resigned from his teaching post after his employer was threatened with withdrawal of his licence.

According to reports received, the distribution of the Bible is restricted to foreigners."

In November 1994, the Special Rapporteur received the following information from the Government of Morocco:

"The Baha'is do not constitute a religious minority; rather, they are a heretical sect that threatens the foundations of Islam and distorts its precepts.

Nevertheless, it is worth emphasizing that the Moroccan Constitution and the Moroccan Penal Code guarantee respect for freedom of religion, in conformity with the principles and provisions of the Universal Declaration of Human Rights and International Covenants on human rights.

Mr. Mustapha Zmamda was not released because he renounced Christianity, but because he had been found not guilty by the Casablanca Appeal Court on the proselytism charge, which is punishable under articles 220 and 221 of the Penal Code.

Furthermore, Moroccan penal legislation does not prohibit conversion to Christianity. Mr. Zmamda's case does not therefore fall within the province of Moroccan Penal Law applicable to cases of proselytism, which is strictly forbidden."

In a communication dated 17 August 1994, the Special Rapporteur sent the following information to the Government of Mexico:

"According to certain reports, the following cases have been brought to the attention of the Special Rapporteur.

In September 1992, Morelas Madrigal Lechino, an active member of a popular religious organization, was reportedly taken in for questioning in Mexico City by members of the Federal District judicial police. He was held incommunicado for two days and beaten, threatened with death and questioned about his activities.

In mid-January 1993, a dispute between the authorities of Santiago Asajo (State of Michoacan) and an independent evangelical group led to the destruction of their church and the temporary arrest of three religious leaders. Several evangelists were injured in the attack which was allegedly carried out by a group of about 40 Catholics.

The Rose of Sharon Presbyterian church, in the south-west of Mexico City, has reportedly been the target of attacks by unidentified persons who have repeatedly stoned the building, breaking its windows on 15 April 1993.

There have also been reports that in June 1993, some Catholics stoned a group of 140 Baptists attending a service commemorating their first anniversary at Saint Nicolas Guadalupe. Scores of men, women and children were injured. The place of worship was heavily damaged and 11 vehicles belonging to church members were said to have been destroyed and burnt.

In June 1993, at least 454 members of various Protestant communities (Presbyterians, Pentacostalists and Adventists) and Catholics of San Juan Chamula municipality were reportedly expelled by force for having abandoned the Chamula religion and converted to Christianity. Anyone found reading the Bible has been threatened with expulsion from Chamula lands. Christians who do not participate in the local Chamula festivals are said to be marginalized and risk of stirring up popular resentment.

On 6 August 1993, five Presbyterian families were reportedly expelled from the San Juan Chamula d'Ardenza Uno community. Two brothers, Juan and Salvador Patishtan, received notice of expulsion and the mayor of the village threatened that they would be beaten and killed if they attempted to return. When the families tried to return to their homes on 19 August, they were allegedly beaten and detained in the San Juan Chamula prison for one night.

On 30 January 1994, an armed man is said to have attacked 80 Protestants attending a religious service at the Bethel church in Cerro de la Bandera, a town in the State of Durango. Cruz Salvador, a member of the congregation was fatally wounded and Eutilia Flores received serious injuries. The few Protestants in the region have allegedly been persecuted because of their faith."

In a communication dated 5 September 1994, the Special Rapporteur sent the following comments to the Government of Mongolia:

"According to the information received, discrimination is being practised against Christians. It is claimed that, from a legal standpoint, the Law on Church-State Relations adopted on 30 November 1993 contravenes freedom of religion and the principle of non-discrimination. It would seem to be necessary to take note of the six following articles of this Law:

- Article 4.2 '... The State will respect the predominant position of the Buddhist religion in Mongolia';

- Article 4.7 '... The organized propagation of religion from outside are forbidden';

- Article 4.8 'The absolute number of lamas and clergy and the location of churches are controlled and regulated by State';

- Article 7.5 'It is forbidden to introduce activities which are either alien to the traditions and customs of the Mongolian people, or inhumane';

- Article 8.2 'The organization of religious instruction and gatherings in State educational establishments or organization is forbidden ...';

- Article 9.1 'Request by citizens to establish churches will be received by khurals of representatives of the citizens of aimaks (local councils) and the capital. They will make decisions as to whether the requests are to be approved or refused and on the basis of such permission being given the central organ of State administration concerned with questions of justice will register the church'.

Acts of discrimination against Christians are in fact alleged to have taken place, Mongolian newspapers have been disparaging Christianity since 1991. On 14 January 1994, according to the newspaper Democracy, one of the authors of the draft law adopted on 30 November 1993, High Lama Choyjamts, stated that Christianity had no place in Mongolia. The incidents summarized below have also been brought to the attention of the Special Rapporteur:

- In May 1992, Mr. Danny Arichea, consultant translator to the United Bible Society in Hong Kong was refused a visa to visit the Mongolian Bible Society. The reason given for the refusal was that the Mongolian Bible Society was not permitted to issue invitations to foreigners;

- In January 1993, Mr. Danny Arichea and Ms. Jean Li Tsai of the United Bible Society in Hong Kong were unable to obtain visas;

- In July 1993, the Mongolian Christ Church was no longer authorized to rent the hall of the Mongolian Information Centre for meetings. Authorization for use of the Mongolian Cultural Centre hall was renewed in August 1993, but only for Tuesday evenings after working hours and Sunday mornings;

- In December 1993, two Russian Christians, Aleksei Yakovleyvich Kurkin and Igor Sergeevich Lazyanin of the organization 'Friedanstimme', who had received invitations from the Mongolian Bible Society, were denied visas;

- Since January 1994, the Christian churches, including the Mongolian Christ Church, have been under threat of losing their places of worship, as a result in particular of article 8 of the Law of 30 November 1993. In Mongolia, the churches do not own their own places of worship as they have insufficient funds for the purpose and must rent them from the State. The above-mentioned article could lead to a refusal to authorize the letting of public premises for religious purposes."

In a communication dated 18 August 1994, the Special Rapporteur sent the Government of Myanmar the following information:

"According to the information received, members of the Buddhist, Christian and Muslim religious communities continue to be persecuted.

Muslim inhabitants of the Tamai district of Kawthaung (Victoria Point) allegedly suffer serious victimization by the SLORC authorities. It is claimed that the latter are attempting to demolish their mosque in order to build a store. In addition, 47 graves in the Muslim cemetery are reported to have been desecrated and dug up. It is also reported that the Muslim inhabitants of the Bayintnaung district have been threatened with expulsion.

According to some reports, at least 1,000 Buddhist monks are imprisoned and monks are still being subjected to some repression. Temples are reported to be under army supervision and some of them are searched several times a day. Many monks have been forced to seek refuge in the jungle without any means of support and to leave the country. The Special Rapporteur has received information on the cases of the following monks:

Ven. Baddanda Rajadhama Bi Wuntha, who was responsible for training 500 monks at Masoeyain monastery in Mandalay and who has allegedly been imprisoned in Mandalay since 1990 for having refused to attend religious ceremonies organized by the authorities;

Ven. Baddanda Kaw Wi Dar Bi Wuntha, head monk of the ancient Masoeyain temple in Mandalay and responsible for training monks, who has allegedly been detained in Mandalay prison since 1990 for having refused to attend religious ceremonies organized by the authorities;

Ven. Baddanda Tareelanka Bi Wuntha, head monk of the Ywarma religious school (Insein, Yangon), who has allegedly been detained in Insein prison since 1990 for having opposed the murder of two priests and two students on 8 August 1990 and for having boycotted official religious ceremonies.

Ven. U. Yewarda, founder of the 'Union of Monks' ('Thanka Thamaki') in Mandalay, who was reportedly arrested on 19 October 1990 and imprisoned in Mandalay prison for having opposed the murder of monks and students on 8 August 1990 and for having boycotted official religious ceremonies. He was allegedly interned in a labour camp at Myitkyina (Kachin State);

Awtha Dathara and Ne Meinda, young Buddhist monks who were allegedly arrested in October 1990 for having written poems during a police check of Mandalay Buddhist clerics of the Shangha Sammagi movement. Other monks who were arrested with them have allegedly died in prison because of prison conditions;

Nai Nawn Dho, a Buddhist monk from the Mon ethnic minority in Yangon who was allegedly arrested in January 1991 and accused of belonging to a group of Mon Buddhist monks."

In a communication dated 19 October 1994, the Special Rapporteur sent the following comments to the Government of Nepal:

"The Special Rapporteur has been informed that legislation and a firm policy are reportedly being observed with regard to any proselytizing activity. Many persons working to propagate their faith are therefore said to be in difficulty and some have even been arrested, although law and order do not seem to be in any danger."

In a communication dated 18 August 1994, the Special Rapporteur sent the following information to the Government of Nigeria:

"The Special Rapporteur has been informed that nearly 65 people were injured in clashes between Christian and Muslim students at a secondary school in Kano, capital of the State of Kano, on 9 February 1994. The clashes allegedly broke out after a heated argument between extremist and moderate Muslim students about the importance of participating in prayer.

The incidents allegedly occurred when a Christian student joined in the discussion to defend one of his Muslim schoolmates who was being accused of not performing his religious duties.

It has been reported that the ban against the Maitatsine Muslim sect still exists, although it is not enforced."

On 30 September 1994, the Permanent Mission of Nigeria in Geneva transmitted the following information:

"The Mission wishes to inform that the Constitution of the Federal Government of Nigeria abhors all forms of intolerance and discrimination based on religion or belief. The law is widely enforced by the Nigerian Security Agencies.

However, the allegation of the Special Rapporteur that 'nearly 65 people were injured in clashes between Christian and Muslim Students in Kano on 9 February 1994' has been transmitted to the relevant Nigerian authorities for necessary action.

The Mission will communicate again to the Centre for Human Rights as soon as any information regarding the issue is received from the capital."

In a communication dated 21 October 1994, the Special Rapporteur transmitted the following information to the Government of Uzbekistan:

"According to information received, at least eight conscientious objectors have been imprisoned, even though the right to freedom of conscience is recognized in the new Constitution of Uzbekistan.

It is also stated that under a 1992 Order, the Government represses any group trying to organize by reference to Islam. In particular, it is alleged at the end of 1992 to have banned the Uzbekistan section of the group called the 'Islamic Renaissance Party' and ordered the arrest of its leader Abdulla Utaev. It is also said to have banned the Islamic group 'Adolat' ('Justice'), based at Namangan, and in 1993 imprisoned its leader Khakim Satimov, apparently on false charges.

Five persons from Namangan were also reportedly arrested near the Afghan border after stating that they were going to Afghanistan to study at a college and to go on a pilgrimage to Mecca in Saudi Arabia. The authorities allegedly tried to prove a link between these persons and the Islamic group Adolat, despite their denials. They were reportedly sentenced on 22 September 1993 to prison terms of from 5 to 10 years, inter alia, for treason and leaving the country illegally.

The Special Rapporteur has been informed that the authorities reportedly closed three churches on 12 June 1994: the Charismatic Church, the Korean Baptist Church and the Full Gospel Church. This measure might, in particular, be the result of street evangelization activities by the Charismatic Church, which is said to have had its legal status withdrawn even though it was officially registered. In June 1994, moreover, a Tashkent evangelist was reportedly interned in a psychiatric asylum after being warned several times that he should stop showing the film 'Jesus'."

In an urgent appeal dated 6 September 1994, the Special Rapporteur transmitted the following information to the Pakistani Government:

"According to the information I receive, in Lahore, a group named the 'Tehrik Tahaffuz-i-Namoos-i-Risalat' ('Movement for the Preservation of the Sanctity of Prophethood') would have call to 'seek out and put to death' each of those it named as the 'greatest blasphemers of our times'. The targets would be the chairperson of the Human Rights Commission of Pakistan (HRCP) Asma Jahangir and three Christian leaders, Tariq C. Qaisar, Father Julius and J. Salik.

I would be most grateful to the Government of Pakistan for its views and comments on the allegation I have received. I would also request the Government to inform me of any measures which it has taken, or envisages, to combat hatred and religious intolerance and to make respect relevant international human rights instruments."

In a communication dated 21 October 1994, the Special Rapporteur transmitted the following observations to the Pakistani Government:

"The Special Rapporteur has been informed that the blasphemy law has reportedly been amended to make admissibility of blasphemy proceedings subject to sufficient evidence and facilitate the prosecution of persons who make false accusations of blasphemy and break the law. The Special Rapporteur has also been informed that, in a decision of 14 April 1994, the Lahore High Court reportedly laid down the principle that blasphemy against any prophet of God is tantamount to blaspheme against the prophet Mohammed. The Special Rapporteur would like to receive copies of the above-mentioned texts, together, if possible, with any comments the Government of Pakistan might like to make.

According to the information received by the Special Rapporteur, there have also been serious violations of the right to freedom of religion. Despite the amendments, the blasphemy laws are said to help create a climate of religious intolerance and to promote acts of violence affecting the Ahmadi and Christian minorities and even Muslims.

The Ahmadi minority

The Special Rapporteur has been informed that the persecution of the Ahmadi community has reportedly increased considerably since the decision of the Supreme Court on 3 July 1993 to interpret article 20 of the Constitution of Pakistan on religious freedom as being subject to 'Islamic law'.

The Ahmadi community in Lahore was reportedly attacked 13 times between December 1993 and March 1994 by armed men, presumed to be members of an armed Islamic group. The latest attacks resulted in 2 dead and more than 10 seriously injured, including students, doctors, university professors and other leading persons in the Ahmadi community. Specifically, it was reported that, on 2 February 1994, Mr. Rana Riaz Ahmad was killed by men identified by his family. However, only two of the alleged killers identified were reportedly questioned by the police. On 6 February 1994, Mr. Ahmad Nasrullah, son of Mr. Hamid Nasrullah, 'Ameer' (head) of the Lahore Ahmadi community, was reportedly found dead. No action by the police to bring the persons responsible to justice has been reported. The police is said to have refused to register the complaints of the victims' families who have submitted information on the identity of the persons responsible and on the registration number of their vehicle. It has also been reported that the police registered a complaint against two Ahmadis who were beaten and taken to the police station by their aggressors. In addition, the police reportedly does not provide any real protection for the Ahmadi community.

According to information communicated to the Special Rapporteur, on 15 January 1994, complaints of blasphemy were made by the Deputy Commissioner of Jhang (Punjab province) under article 298 C of the Penal Code against five journalists, Noor Muhammad Saifi (aged 77),

Agha Saifullah and Qazi Munir Ahmed, respectively, chief editor, publisher and printer of the daily newspaper Al Fazal published in 1993 and the June 1993 issue of Ansarullah.

The Deputy Commissioner of Jhang is said to have addressed the following letter to the Jhang police concerning the Al Fazal question:

'Subject: Proceedings against Al Fazal.

Memorandum. Please find enclosed a copy of the 2 November, 20 September, 20 and 9 October 1993 issues of Al Fazal, in which the 'gadianis' (Ahmadis) propagated or preached their faith. By claiming to be Muslims, they are offending the religious feelings of Muslims. The district magistrate of Jhang considers that the guilt of the chief editor and the publishers has been established under the terms of article 298 C of the Penal Code. We therefore request you to institute criminal proceedings against the chief editor'.

The charges against the monthly Ansarullah publication are reportedly the following:

'The district magistrate considers that the chief editor [...] has preached the Ahmadi faith in this publication, thereby committing an offence under article 298 C of the Penal Code'.

Two other complaints were reportedly made on 21 January 1994 under article 298 C and four more were made on 15 February against the chief editor, publisher and printer of Al Fazal. The Deputy Commissioner of Jhang is said to be the complainant in all these cases.

On 7 February, the Chiniot magistrate is reported to have rejected the requests by the five journalists for release on bail and is said also to have charged them with blasphemy under article 295 C, an offence which is punishable by death. The five men were reportedly remanded in custody and imprisoned in Chiniot. Their request for release on bail was reportedly finally accepted on 7 March and they are said to have been released. Proceedings are currently under way in the Rabwah Court (Punjab province).

The Christian minority

A number of Pakistanis who are of the Christian faith or have converted to Christianity are reported to have been victims of the blasphemy laws. In addition to the cases mentioned by the Special Rapporteur in document E/CN.4/1992/52 and in the communication of 8 November 1993, i.e. those of Naimat Ahmer, Tahir Iqbal and Gul Masih, it is reported that some 25 Christians have been accused of blasphemy since April 1994.

The following cases have been drawn to the attention of the Special Rapporteur:

(a) Anwar Masih, a Christian, married and father of three children, was arrested on 2 February 1993 in Sammundri, Faisalabad (Punjab province) following a complaint made against him by Haji Mohammad Tayyab, the local head of Anjuman Siphal-e Sahaba (ASS). According to the complainant, Anwar Masih is reported to have shouted angrily, insulting Muslims and blaspheming. Mass demonstrations in Sammundri demanded that Masih should be tried by a so-called 'special court for speedy trial' and publicly hanged. In addition, the day after his arrest under section 295 C of the Penal Code, strikes are reported to have taken place in protest against him. The complainant is said to have stated that, on 1 February 1993, Masih made blasphemous remarks during an argument with Mohammad Aslam, a tradesman. The latter is reported not to have made any complaint, apparently not seeing any reason to do so in view of his friendly relations with Masih. Aslam is said to have simply reported the incident to members of ASS, including Tayyab, who decided to make a complaint. Anwar Masih, who was born into a Christian family, is said to have converted to Islam twice and then to have reverted to the Christian faith. According to some information, Masih was a drug addict and was considered mentally unstable by the members of his community. According to some testimonies, Aslam and Masih both insulted each other's religion during their argument. However, under the blasphemy laws, only alleged attacks on Islam may be the subject of complaint. The Special Rapporteur was also informed that Masih was associated with local protests which related to the indication of an individual's religion on his national identity card and which reportedly displeased ASS. Anwar Masih is said to have rejected the charges of blasphemy and explained that he had simply had an argument over debts. Masih, who was initially detained at Sammundri prison, was reportedly transferred to Faisalabad prison. ASS members continued to organize protest demonstrations in Sammundri during the month of February. They also threatened to burn down the Christian areas of Sammundri (inhabited by some 20,000 Christians) unless Masih was publicly hanged. Proceedings are reported to be still under way.

(b) Sorvar Bhatti (case mentioned in the communication of 8 November 1993 is said to have been released from prison in early 1994 after having been cleared of charges of blasphemy. According to some information, however, Sorvar Bhatti was forced into hiding following death threats by complainants.

(c) Chand Barkat, a 30-year-old Christian, was arrested on 8 October 1991 for blasphemy and is reported to have been acquitted in January 1993. Six Muslim witnesses reportedly admitted in court that they had not heard Barkat blaspheme. None the less, since his release on 24 January 1994, Barkat and his family are said to have repeatedly been the victims of harassment and intimidation by their Muslim neighbours. In addition, local Muslim clergymen are said to have made death threats against Barkat. The complainant, Mohammad Arif, is also said to have established a group that has sworn to kill Barkat.

(d) Habib Masih, a Christian leader in Shanhkot, Sheikhupua, near Lahorem was arrested for blasphemy in November 1993 after an amulet containing verses of the Koran was found on the road. Local clergymen are reported to have announced by loudspeaker that a non-Muslim had dishonoured the Koran and put pressure on the police, which arrested Masih on charges of blasphemy. In addition, 5,000 to 6,000 persons reportedly besieged the police station to try to kill Masih. Several policemen who tried to stop them were wounded. The following day, a Muslim filed a complaint against Masih, but later stated that he had acted under pressure. Habib Masih's wife stated in a national newspaper, The Friday Times, that her husband had been warned to give up his occupation (making religious amulets) or suffer the consequences. Habib Masih was released on bail from Sheikhupura prison, but proceedings are still under way.

(e) Concerning the three Christian youths, Rehmat Masih, Manzoor Masih and Salamat Masih (aged 13), who were arrested on 11 May 1993, detained in Gujranwala prison for blasphemy after being accused of having written defamatory inscriptions on the walls of the mosque in Rotto Dohran village (case referred to in the allegation of 8 November 1993, communicated to the Government of Pakistan) and then released on bail in November 1993 (for Salamat Masih) and 12 January 1994, the Special Rapporteur has been informed that Mr. Manzoor Masih is reported to have been killed and that Mr. Rehmat Masih, Mr. Salamat Masih and a human rights activist, Mr. John Joseph, were injured in a shoot-out on 5 April 1994. The three accused were reportedly escorted by the police to their lawyer's office near the Advocate General's Office behind the Supreme Court of Lahore. After they had spoken with their lawyers and were leaving the office unescorted, they were attacked by three unmasked motorcyclists who fired at them with Kalashnikov AD 47s. The aggressors were reportedly three Muslims from the Sepah-e-sahab Islamic Party. According to testimonies made available to the police, they were Mr. Imam Bux, Mr. Mohammad Akaram and Mr. Malik Sadiq. The attack was reportedly authorized by two leaders of the Sepah-e-sahaba Islamic Party, Master Enayat and Maulvi Muhammad Fazl-e-Haq, who was the main complainant in the case against the three Christians, who, according to experts, were wrongly accused. The three injured persons, Mr. Rehmat Masih, Mr. Salamat Masih and Mr. John Joseph, were reportedly taken to Sir Ganga Ram Hospital. Because of the serious wounds he sustained, Mr. Rehmat Masih, who was hit by several bullets in the head and other parts of the body, was kept in Sir Ganga Ram Hospital, while his two companions were taken to Mayo Hospital. Some 5,000 persons reportedly gathered for Mr. Manzoor Masih's funeral, which took place peacefully under police protection. Mr. Manzoor had a wife and 10 children. The police are said to have arrested three suspects, including the main complainant, and investigations appear to be continuing. However, intimidation of the victims has reportedly not stopped and their families continue to receive threats. An attempt was allegedly made to burn down John Joseph's house.

(f) The Special Rapporteur was also informed that, on 13 March 1994, the church in Jindrea village, near Lahore, was attacked by Muslims. The clergyman of the local mosque, Imman Masjid, is said to have organized this attack, during which several Christians were reportedly seriously injured. The police did not arrest the persons who committed the act and who belong to extremist groups. In May 1994 in Khara Janje village in Punjab, Muslim villagers reportedly burned down at least 12 houses belonging to Christian families, following the discovery of the corpse of an 18-year-old Muslim Sheikel. Muslim villagers are reported to have stated that an 18-year-old Christian, Safraiz, who was involved with Sheikel's sister, killed him. Safraiz was reportedly being held in custody while the police conducted investigations.

Other cases

The Special Rapporteur has been informed of the other following cases:

(a) Arshad Javed, a Muslim, was reportedly sentenced to death on 9 February 1993 by the District and Sessions Court in Bahawalpur in Punjab province for having claimed that he was Jesus Christ. He is also reported to have been sentenced to three years' imprisonment for having said that he had read and approved Salman Rushdie's Satanic Verses. Arshad Javed is said to have been arrested on 14 February 1989 for having claimed at a demonstration of students protesting against the Satanic Verses that he was Jesus Christ, that God was his father and that judgement day would be on 21 February 1989. The demonstrators reportedly beat him and gagged him to a police station, where he was arrested and accused of blasphemy. Arshad Javed is in fact reported to be mentally ill. After a year's treatment in a psychiatric hospital, he was transferred to Bahawalpur Central Prison. Appeal proceedings before the High Court of Lahore are said to be continuing.

(b) Hafij Farooq Sajjad, a Muslim, is said to have been stoned to death by a crowd in Gujranwala (Punjab province) on 21 April 1994. Sajjad's father is reported to be a member of the Jamaat-e-Islamic party and Sajjad is reported to be a faithful Muslim, a hafiz-e-Qur'an (a person who has learned the entire Koran by heart). According to certain information, it was reported that some pages of the Koran had been burned during a fight in Sajjad's house. A Muslim religious leader reportedly announced by loudspeaker that a Christian had burned the Koran and that he should be stoned to death. Subsequently, the crowd beat Sajjad and locked him up in this house. Shortly thereafter, the police are said to have taken him to the police station. However, it is reported that the crowd, which had grown larger by then, attacked the police station, stoned Sajjad, drenched him in kerosene and burned him, probably alive. The victim's body was then reportedly tied behind a motorbike and dragged through the town. It is reported that the police instituted proceedings against five persons, but none was arrested.

(c) In Lahore in July 1994, an extremist group called 'Tehrik Tahaffuz-i-Namoos-i-Risalat' (Movement for the Preservation of the Sanctity of Prophethood) reportedly distributed stickers and posters calling for the murder, for blasphemy, of the President of the Pakistan Human Rights Commission, Mrs. Asma Jahangir, and three Christian leaders, Tariq C. Qaisor, Father Julius and J. Salik."

On 11 November 1994, the Permanent Mission of Pakistan transmitted the following information in reply to the allegations of 21 October 1994:

"1. Pakistan is a signatory to more international conventions/ instruments of the United Nations than many other developing countries. Its Constitution guarantees fundamental human rights, including freedom of speech, association, religion and prohibits discrimination on the basis of race, sex, religion and ethnicity.

Minorities in Pakistan

2. Minorities in Pakistan enjoy all rights and liberties which are guaranteed in the Constitution of Pakistan. The following articles of the Constitution of Pakistan safeguard the interest of the minorities in the country.

Article 36

'The State shall safeguard the legitimate rights and interest of minorities, including their due representation in the Federal and Provisional services.'

Article 21

'No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.'

Article 22

'1. No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship if such instruction/ceremony or worship relates to a religion other than his own.

2. In respect of any religious institution there shall be no discrimination against any community in the granting of exemption or connection in relation to taxation.

3. (a) Subject to law, no religious community or denomination shall be prevented from providing religious instructions for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination, and

(b) No citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.'

Article 27

'No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex residence or place of birth.'

3. These provisions clearly indicate that the Constitution provides full protection and equal treatment to the minorities and there is no bias, for or against, on the basis of colour, race or religion.

4. The attack on the three accused, Remat Masih, Salamat Masih and Manzoor Masih, was a regrettable, but isolated action of fanatic individuals, one of whom has been arrested, while efforts are under way to arrest the two remaining accused. The allegations of fears of religious persecution against Ministries in Pakistan are unfounded.

5. As Pakistani citizens, members of the Christian community have the right to profess their religion, and to establish, maintain and manage their religious institutions. They also have due representation in the National Assembly. They enjoy full freedom of opinion and expression, as is available to the other citizens of the country and, like all other Pakistanis, they have the liberty to seek remedy from the courts under article 199 of the Constitution of Pakistan. Courts in Pakistan, like in any other democratic country, are free, and cases are decided in accordance with the laws of the land.

6. The Ahmadiyya issue has a century-old history. The problem arose when a group of persons led by Mirza Ghulam Ahmad denied the finality of Prophet Muhammad (Peace Be Upon Him) which, after the unity of God, is a fundamental tenet of Islam. Its denial led to violent agitations against the Ahmadiyya community in 1953 and in 1974. The matter was deliberated upon in the legislature and the consensus of the nation was arrived at in the shape of an amendment in the Constitution through a unanimous vote of the National Assembly in 1974. This amendment had two objectives:

(a) To safeguard the religious sentiments of Muslims (the overwhelming majority of the population);

(b) To protect the Ahmadis from any adverse reaction arising from what had historically been regarded as a repudiation of a fundamental belief of the Muslims.

7. Undoubtedly, the controversy between the Ahmadis and Muslims continues to be emotive, but strong statements made by individuals in a religious context are not to be taken as the policy of the Government of Pakistan. The complaints and concerns of the Ahmadiyya community are based evidently on presumption rather than fact. The allegation concerning persecution of Ahmadis is totally baseless.

8. The Ahmadis, as a non-Muslim minority, have been accorded all the rights and privileges guaranteed to minorities under the Constitution and laws of Pakistan. The Government has taken the necessary legislative and administrative measures so as to maintain sectarian peace.

9. The exercise of a right is never absolute. The International Covenant on Civil and Political Rights, while proclaiming the freedom of religion or belief in article 18, stipulates in paragraph 3 of the same article that:

'Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.'

10. This condition is repeated in paragraph 3 of article 1 of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

11. In the same spirit, the Constitution of Pakistan provides in article 20 that:

'Subject to law, public order and morality, every citizen shall have the right to profess, practice and propagate his religion and to establish, maintain and manage religious institutions.'

12. Ahmadis in Pakistan enjoy full civil rights including the right of political franchise. In Pakistan a system of separate elections for each religious community has been adopted to ensure that all minorities are represented in the legislatures. The Ahmadis, like other minorities in Pakistan, have full freedom of expression under the law and this is evident from the fact that they have the largest number of publications brought out by any minority in Pakistan.

13. There is no discrimination against them as regards their employment opportunities in Pakistan.

14. Many members of the Ahmadi community hold important positions in the services of Pakistan, both civil and military. Not a single Ahmadi has been removed from government employment on the grounds of his religious beliefs. Anyone familiar with the true situation in Pakistan can bear testimony that there does not exist any plan or campaign, official or otherwise, to persecute the Ahmadi community. Despite that, some individual instances do exist, and these are then dealt with in accordance with the law.

Blasphemy law

15. Laws concerning the offences relating to religion existed in the Pakistan Penal Code since its promulgation in 1860, such as sections 295 to 298. In 1927 a new section 295 A was introduced. Subsequently, during the martial law regime, section 295 B was added in 1982 and section 295 C, commonly known as the 'Blasphemy Law', was incorporated in the Penal Code of Pakistan in 1986.

16. Section 295 C is the centre of attention of various human rights organizations in Pakistan and abroad, which are demanding that it be repealed. The factual position is that the Blasphemy Law is not a peculiar feature of Pakistani law alone. Such laws exist in Germany, Italy, the United Kingdom and the United States, and some other countries, including Muslim countries. The complaints and grievances emanate not from the law itself but sometimes on account of misuse or abuse of this provision of law through the registration of false, baseless and frivolous cases.

17. Only about 26 cases were registered under section 295 C from October 1986 till October 1993. Another three cases were registered under this section from October 1993 till 31 May 1994. The majority of these cases, i.e. 18, were registered in the province of Punjab, 7 in the province of Sind and 4 cases in the Frontier province. Out of these cases conviction has been pronounced in three only. The sentence of death has been handed down to two persons only, one Christian and one Muslim. Appeals against the convictions are pending in the High Court of Lahore. Not a single sentence of death has been carried out in any case.

18. The Government is determined to thwart any attempts to spread ethnic and religious intolerance and frenzy. It is the objective of the Government to establish a liberal, moderate, tolerant and progressive society. The Government, realizing that some extremist elements are attempting to misuse or abuse the law, has decided to amend section 295 C as follows:

(a) The offence under section 295 C is proposed to be made a non-cognizable offence, which means that an ordinary police officer will not be entitled to register a case. Instead a case will only be registered under orders of a court if it is satisfied that prima facie evidence exists in support of the complaint.

(b) If a complaint is found to be false and frivolous, the complainant will be liable to be punished with imprisonment of seven years.

19. The Government of Pakistan has already discussed these proposed amendments with the representatives of the minorities, as well as with Muslim religious parties in and outside the Parliament. Generally, the Government has received a favourable response to these proposed amendments from most of the concerned organizations. The Government intends to move a proper bill in this regard in the National Assembly in the near future.

20. The Government of Pakistan sincerely believes in upholding human rights. Realizing the importance of human rights, a cell to monitor violations of human rights has been established in the Federal Government for the first time in the history of Pakistan. The cell is headed by a human rights activist. Any violation of human rights which is brought to its notice is investigated and the victims are provided with the necessary relief and the culprits are punished, whether they be ordinary citizens or members of the local administration. In particular, cases of violence against women, children and minorities are strictly checked and investigated.

21. In recent years a new concept has developed in Pakistan's judicial system, namely, the concept of 'public interest litigation'. The judiciary responded to the demands of society and, in a conscious effort to alleviate the sufferings of the masses and in order to assert its constitutional role, came up with a solution in the form of public interest litigation for the eradication of social evils through the medium of the law, as is enjoined by the Constitution. Today, public interest litigation is being used effectively in Pakistan to protect against the violation of the human rights of all classes of society."

In a communication dated 5 October 1994, the Special Rapporteur transmitted the following observation to the Government of the Philippines:

"According to the information received by the Special Rapporteur, 15 Christians were killed on 8 June 1994 on Basilan Island, a part of the Sulu Archipelago in the southern Philippines. The victims are said to belong to a group of 36 people taken hostage by a commando under the orders of Abu Sayyaf, the dissident Muslim fundamentalist leader of the Moro National Liberation Front (FMLN). Father Cirilo Nacorda, a Spanish priest, is said to be among the people still being held. Father Cirilo Nacorda is reported to be the successor of Father Bernardo Blanco, a Spanish priest, abducted in 1993 by the same rebel group and held hostage for several weeks until he escaped. It is stated that his abductors had abducted an American Franciscan missionary in August 1992. According to the police report, the rebels stopped a convoy of several vehicles carrying 60 or so people. They reportedly let the Muslims go, after identifying them by making them recite a Muslim prayer. When the police were about to catch up with them, they reportedly killed 15 of the Christians and took away the other 21."

In a communicated dated 31 August 1994, the Special Rapporteur transmitted the following information to the Romanian Government:

"According to information received, the media are allegedly contributing to the creation of a climate of religious intolerance against evangelists through press articles attacking the latter. The media are also allegedly supporting calls by Orthodox leaders and jurists for the Government to adopt and vote on a religious bill of law to protect the dominant Orthodox Church against proselytism by neo-Protestant and Western evangelical groups."

On 25 October 1994, the Romanian Government transmitted the following information to the Special Rapporteur in reply to the above-mentioned allegations:

"After December 1989 a great number of 'preachers', 'prophets', as they are calling themselves, came to Romania.

Some of them proved to be honest, keeping their activities in the framework of a purely religious presentation and commentary of the Gospel.

Others, and not very few, proved to be spokesmen of a strange religious mixture between theophisycal value system and the promotion of the 'curing through miracles' cult, a fact which very often, was overcoming the religious field, entering the political one.

More than that, some of the foreign preachers, following their aim on disparaging the Romanian denominations, especially the Romanian Orthodox Church, were asking, in public, for Romanian religious reconversion, as well as for changes in the Romanian policy.

Often, some of these situations displeased the Romanian authorities and believers, knowing the fact that those 'preachers' were not invited to Romania by the Romanian religious denominations or associations. This kind of attitude could explain certain opinions which were set forth in the religious and lay press, towards the presence in Romania of some obscure 'preachers' promoting a religious propaganda which is not in the spirit of the Gospel, most of them unknown, even by the religious denominations or organizations of their own country.

In this specific context, the Romanian authorities were asked to permit the entrance into the country only of those preachers which had been invited by the Romanian religious denominations and associations -more than 250 - and under the condition of not promoting any religious propaganda or proselytizing activities which could offend the religious faith of the Romanian believers.

At present, with the participation of the representatives of all the 15 religious denominations in Romania, the Draft Law regarding the religious denominations in Romania has been elaborated and submitted to the Parliament.

Article 4 of the Draft Law provides that 'the religious denominations are equal between themselves, before the public authorities without any privilege or discrimination. The State will not promote or stimulate any privileges or discriminations among religious denominations, through administrative measures, domestic or international law'."

In a communication dated 31 August 1994, the Special Rapporteur transmitted the following information to the Government of Rwanda:

"According to information received, several massacres of clergymen have allegedly been committed in Rwanda. The following cases have been brought to the attention of the Special Rapporteur:

(a) At Ruhuha, the Belgian Father André Caloone was killed on 7 April 1994 within the precincts of the parish church;

(b) At Kigali, in the district of Nyamirambo, 9 priests and 63 other persons were murdered and grenades exploded at St. André's College in early June 1994;

(c) At the Christus Centre at Kigali, three Tutsi Jesuit priests were killed by soldiers on the morning of Thursday, 7 April. The victims were Chrysologue Mahame, Patrick Gahigi and Innocent Rutagambwa. Nine young African girls from the Vita et Pax Institute, who were engaging in a spiritual retreat at that centre run by the Jesuits in the Rwandan capital, were also killed. The same fate was suffered by five Rwandan diocesan priests: Straton Gakwaya, Jean-Marie Vianney Niyirema, Alfred Nzabakuran (all three from Gikongoro), Boniface Kanyoni (a priest from the diocese of Butare) and Juvenal Rutumbu (Ruhengeri), the Deputy Rector of the Main Seminary at Nyakibanda.

(d) In the archdiocese of Kigali, Abbé Ananie Rugasira, a relative of the archbishop, and novice members of the Pallottine Sisters of Masaka and Benebikira, were murdered at Kabuga (Masaka);

(e) In the diocese of Byumba, the Catalan Father Joaquim Vallmajo, a Spanish national, was killed by soldiers at Kageyo. Joseph Hitimana, Fidele Mulinda, Faustin Mulindwa, Alexis Havugimana, Athanase Nkumdabanyanga, Christian Nkiliyehe, Ladislas Muhayemungu and Gaspard Mudashimwa were also murdered in other circumstances;

(f) In the diocese of Nyundo, the clergy was decimated. At Nyundo, 25 teachers at the Small Seminary, mainly consisting of members of the Rwandan clergy, and a Joséphite Father were killed on 7 and 8 April. The Rwandan Abbés Augustin Ntagara, Adrien Naznana and Deo Twagirayezu were murdered on 8 April. Three abbés in the parish of Rambura, Spiridion Kageyo, Antoine Niyitegeka and Antoine Habiyambere, were also killed. Other priests from the diocese of Nyundo also lost their lives at unidentified locations, namely, Innocent Ruberiseza and Narcisse Sebasare (from Birambo), Louis Gasore and François Twigenza (from Muhororo), Théophile Rutagengwa (from Muramba), Callixte Kalisa, Herman Mwambari, Augustin Nkezabera, Alois Nzaramba, Silas Gasake, Clément Kanyabusozo, Robert Matajyabo, Ferdinand Kerekezi, Edouard Gakwandi, Vénuste Nsengiyumva, Thaddée Gatore, Matthias Gahinda, Deogratias Rwivanga, Boniface Senyenzi and Albert Gashema;

(g) In the diocese of Butare, numerous priests were murdered during the first month of the disturbances. At Nyinawimana, Abbés Augustin Mashyendeli and Célestin Muhayimana were killed. At Gisagara, Abbé Tharcisse Rubingiza, a teacher of exegesis at the Main Seminary at Nyakibanda, was murdered. At Nyanza, Abbés Matthieu Ngirumpatse, Jean-Bosco Yilirwahandi, Innocent Nyangezi and Callixte Uwitonze, from the diocese of Gikongoro, also lost their lives. Abbé Segond Ntibaziga, from Gakoma, and two novices from the Benedictine Abbey at Gihindamuayga (Fathers Gaëtan and Antoine) died at an unidentified location. In the town of Butare, six priests were imprisoned for unknown reasons. Three of them were killed during their transfer to Gikongoro prison and the three others were released on Sunday, 31 May. While passing behind the prison and the match factory in order to avoid the check-points, Justin Furaha, parish priest of Save, Pierre Ngoga, parish priest of Kibeho, and Firmin Butera, parish priest of Higiro, were killed by unidentified persons. Abbé Callixte Nkeshumpatse was murdered at Bugesera;

(h) In the diocese of Gikongoro, Father Joseph Niyomuga and the Abbés Irenee Nyamwasa (from Mbuga), Aloys Musoni (from Cyanika) and Pierre Canisius Milinzi (from Mushubi) were killed;

(i) In the parish of Marumba, three local priests were murdered on 7 April;

(j) At Gisenyi, Augustin Ntagara was murdered. In the parish of Marumba, the village in which the late President Habyarimana was born, near Gisenyi, three local priests were killed on 7 April;

(k) In the diocese of Kibungo, in the church at Rukoma, Abbé Evode Mwanangu and a large number of Christians were killed, at the beginning of the disturbances, while they were praying. Other abbés were also said to have died, namely, Justin Ruterandongozi, Michel Nsengiyum, Jean Bosco Munyaneza, Joseph Gatare and Elisée Mpongano;

(l) In the parish of Mushubi, Antoine Rugambarara, from the Main Seminary, was murdered together with other Christians;

(m) In the diocese of Cyangugu, the parish priest at Mibirizi was killed in mid-May, together with Abbé Joseph Boneza;

(n) At Gisagara, Abbé Jean-Marie Vianney Rwanyabuto was said to have been killed;

(o) At Kabgay, on 3 June 1994, Mgr. Thadolé Nsengiyumva, Archbishop of Kigali; Mgr. Vincent Nsengiyumva, Bishop of Kabagazi and President of the Episcopal Conference; Mgr. Joseph Rugindana, Bishop of Byamba, and 10 priests (of whom 8 have been identified as Mgr. Jean-Marie Vianney Rwabilinda, Vicar-General; Mgr. Innocent Gasabwaya, former Vicar-General; Abbé Sylvestre Ndaberetse, Diocesan Bursar; Abbé Bernard Ntamugabumwe, prefectoral representative of Catholic teaching at Gitarama; Abbé Emmanuel Uwimana, Rector of the Small Seminary; Abbé François Muligo, priest at the Cathedral; Abbé Alfred Kayibanda, vicar at the Cathedral; and Abbé Fid Le Gahonzire, almoner at Kabgayi Hospital) were killed."

The Special Rapporteur has also received information concerning massacres committed in places of worship:

"(a) At Nyarubeye, thousands of Rwandans were massacred on 14 April on the premises of the local Catholic church, in the chapel, in the prayer halls and in a convent;

(b) At Rukara, in the Catholic parish of Karumbamba, about 2,000 persons who had taken refuge there were bludgeoned to death and hacked to pieces. Eighty corpses were found in the church. The same scene was repeated in three other churches in the region;

(c) At Musha, about 1,200 persons were massacred in a church on 13 April. Armed men broke down the door, opened fire with semi-automatic weapons and grenades and attacked the survivors with knives, clubs and spears;

(d) In the diocese of Butare, 170 persons who had taken refuge in the church at Ngoma were killed;

(e) At Kigali, the Church of the Holy Family was subjected to bombardments and mortar attacks after 8,000 persons had taken refuge there. Two persons were killed and eight others wounded by a mortar shell. A previous attack had already left 12 dead. Seven members of the Missionary Sisters of Africa were killed and other Dominicans also met the same fate. At Nyamirambo, soldiers stormed the church, forced its congregation to leave and then opened fire, killing a large number of persons both inside and outside. At Gikondo, in front of the church ministered to by the Pallottine Fathers, a massacre occurred on 7 or 8 April: 61 persons were killed and 13 seriously wounded."

In a communication dated 20 October 1994, the Special Rapporteur sent the following observations to the Government of the Sudan:

"According to the information received by the Special Rapporteur, the right to freedom of religion continues to be seriously violated.

It is reported that, in the north of the country, various forms of religious intolerance are practised against the orthodox Copt minority (150,000 to 200,000 persons), including the closure of churches, mass dismissals from official posts and judicial institutions, discrimination in access to nationality and education, the army and the media and compulsory Islamic dress of Copt women.

In the south of the country, the Government is said to be pursuing a repressive policy against Christians through such actions as killings, torture, prohibition against churches and Christian institutions owning land, expulsion of Christian missionaries, arbitrary distribution of foodstuffs and enforced conversion to Islam in exchange for food, imposition of Islamic law and compulsory requirement for women to dress in conformity with Islamic morality. It is reported that, on 26 December 1993, the Government air force bombarded Chu Kudum, targeting the Catholic Church.

In the Nuba Mountains, inhabited mainly by Christians, it is stated that, in addition to the enforced displacement of tens of thousands of civilians whose villages are said to have been deliberately destroyed by Government forces, the Christian elite has been systematically eliminated. Two Christians from the village of Nafia, Mr. Yohana Ahmad Yoused and Mr. Abdulgarder Elgewser, described as having converted to Catholicism in 1970, have reportedly been detained and tortured. Threatened with execution if they did not renounce Christianity, they are reported to have been forced to recite the "Shahada", thereby automatically becoming Muslim according to Islamic beliefs. These two persons are said to have been released following their forced conversion. Moreover, it is claimed that article 126 of the new Penal Code adopted in 1991 provides for the death penalty for apostasy.

The Special Rapporteur has also been informed of the case: Father Ismaël Gibriel, arrested for the first time in 1992 and released after one and a half months in detention, who is reported to have been imprisoned again on the grounds of allegedly supporting the Sudanese People's Liberation Army.

The Sudanese Government is also said to be Islamizing education. The 1992 the General Education Regulation Act is alleged to establish the supremacy of Islamic culture and to stipulate that Islamic instruction and the use of the Arabic language are compulsory at all levels of education. Further, the Minister of Education is reported to have announced on television that all schools and their students are required to conform to the Islamic way of life. He is also said to have announced Parliament's confirmation of government regulations instructing students to comply with the Islamic code of dress. Catholic missionary schools are reported to have been forced to close in 1992 and 1993 because of their refusal to abide by this code.

This Islamization of education is further reported to have led to the dismissal of university teaching staff and to the arrest, detention and torture of members of the academic community. It is claimed that the University of Khartoum is under a permanent state of siege, that the university press is censored and that all written material not in conformity with Islam is destroyed.

The media are also reported to be subject to a policy of Islamization. Since March 1992, the weekly Christian radio programme is said to have been suspended without explanation. In May 1992, the editor-in-chief of Radio Juba is said to have been detained for 10 days for having announced the beatification of the Sudanese Sister Bakhita. Publication of a column written by a Copt priest in the Sunday edition of Soudan Moderne is said to have been suspended."

In a communication dated 5 September 1994, the Special Rapporteur sent the following observations to the Government of Sri Lanka:

"According to the information received, the Liberation Tigers of Tamil Eelam (LTTE) have expelled all the Muslims from the areas in the north of the country under their control. They are also reported to have expropriated all the property of the Muslims and to have threatened them with death if they try to return.

LTTE is also said to have severely restricted the freedom of movement of Tamils living in the areas under their control, to have demanded that any person wishing to travel outside those areas pay an

'exit tax' and leave the whole of his or her property in escrow. Furthermore, in order to ensure that such persons return, often only one person per family is authorized to travel.

The Special Rapporteur has also been informed that evangelist Christians are often subjected to manifestations of hostility and sometimes to violence by the local Buddhist clergy and groups opposed to activities involving the conversion of Buddhists to the Christian religion. Some newspapers are also said to have reported such attacks.

The following cases have been brought to the attention of the Special Rapporteur and are summarized as follows:

(a) In 1994, an independent evangelist from a village near Colombo is reported to have had stones thrown at his house on several occasions. During an inquiry, a Buddhist monk complained of local people being converted to Christianity and threatened that he would prevent them from being buried in their village if they continued to attend Christian meetings. The monk allegedly also incited villagers to expel the evangelist from the village;

(b) In 1994 in a village near Kandy, Buddhist monks are reported to have organized a procession to protest against the presence of a place of worship, an established evangelist church. Furthermore, the leaders of an evangelist prayer meeting are reported to have been insulted and threatened by a group of 5 monks and some 20 faithful."

On 25 November 1994, the Government of Sri Lanka transmitted the following information to the Special Rapporteur in reply to the above allegation:

"The summary of information, broadly refers to the following allegations:

(i) Forced expulsion of Muslims from areas in the Northern Province of Sri Lanka and the expropriation of their property by the Liberation Tigers of Tamil Eelam (LTTE);

(ii) Restriction imposed by LTTE on the free movement of Tamils from areas under its control to other areas in the country;

(iii) Acts of hostility committed by sections of Buddhist groups on evangelist Christians.

At the outset, it may be noted that, of the three allegations mentioned above, (i) and (ii) refer to the activities of LTTE, a separatist militant group seeking to establish a mono-ethnic separate State for the Tamils in the Northern and the Eastern Provinces of Sri Lanka, and (iii) refers to incidents involving some sections of the Sri Lankan community belonging to one faith against persons of a different faith.

From the foregoing, it will be clear that the Government of Sri Lanka was not involved directly or indirectly in the incidents set out in the allegations; nor did the Government acquiesce in, or condone, in any manner, any of these incidents. This is in consonance with article 14 (1) (f) of the Constitution of Sri Lanka, which states that every citizen is entitled to 'the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice, and teaching'.

The highest respect with which this constitutional right has been treated by the Government of Sri Lanka can be evidenced by the fact that, of the many cases alleging human rights violations filed in the Supreme Court of Sri Lanka since the entry into force of the Constitution in 1978, no case has so far alleged infringement or abridgement of the freedom of religion. Indeed, the freedom of religion remains a non-derogable right in the Constitution.

In view of the importance attached to the freedom of religion in Sri Lanka, the Government studied the incidents set out in allegation (iii) seriously. The position with regard to each of the incidents is as follows:

(a) The incident that occurred in Kiribathgoda within the Peliyagoda police area: in this instance, neither the victim nor any persons could point out the suspects. Though the Buddhist monk of the area has been suspected of promoting hostility, no direct evidence has been adduced against him.

(b) The incident that occurred in the Kuliyapitiya police area: though the temporary buildings put up by the 'Assembly of God' had been set on fire on 4 September 1994, the identity of those responsible could not be established either by the victims or by any persons.

(c) The incident that occurred in the Bulathsinhala police area: in this instance, unknown persons caused damage to the projector (valued at Rs 10,000) used to screen the film 'The Life of Jesus Christ'.

(d) The incident that occurred in the Kandy police area: there was no complaint made to the police concerning a procession conducted by Buddhist monks to protest against the presence of an evangelist church in Kandy; nor has the police received any information to the effect that the leaders of an evangelist church were insulted by Buddhist monks.

As regards allegation (i), the Government of Sri Lanka, based on the information available to it, confirms that Muslims in the areas of the Northern Province, namely, the districts of Jaffna, Mannar and Kilinochchi, have been forcibly expelled from those areas by LTTE after expropriating their property. These Muslims have been driven, together with thousands of Sinhalese, from the areas of their habitation in the Northern Province in a manner which is suggestive of a policy of ethnic cleansing practised by LTTE.

In regard to allegation (ii), it is correct that LTTE has imposed restrictions on the free movement of people from areas under its control, to the mainland of Sri Lanka. The following are some of the practices adopted by LTTE with regard to the movement of persons:

(a) A bond must be signed by a surety if a person wishes to leave the Jaffna peninsula.

(b) At least one inmate of the house should always remain at home.

(c) The house and property should be handed over to LTTE if all inmates seek to leave the area.

(d) A penalty of Rs 100,000 should be paid to the LTTE in respect of each person in the family, if the entire family seeks to leave the peninsula for good. In addition, the house and property belonging to the family will also be confiscated.

A levy of Rs 100 is reported to be charged by LTTE to issue a normal pass to a person leaving the Jaffna peninsula for a short period. Rs 500 is levied for an emergency pass.

Media reports and statements of several non-governmental organizations testify to the veracity of these allegations.

With a view to giving a broader perspective of LTTE involvement in persistent and gross violations of the human rights of the different religious and ethnic groups in Sri Lanka, the Government is pleased to annex hereto a copy of letter No. UN/HRTS/1/23 Vol. XVI of 9 August 1994, sent by the Permanent Representative of Sri Lanka to the Centre for Human Rights in pursuance of Commission resolution 1994/46 and General Assembly resolution 48/122."

"Sir,

I am writing to you in connection with Commission on Human Rights resolution 1994/46 and General Assembly resolution 48/122, both entitled 'Human rights and terrorism'. The information given below is further to my letter UN/HRTS/1/23 Vol. X dated 28 October on the same subject.

2. With a view to facilitating your task in compiling the information requested in paragraph 3 of the Commission resolution 1994/46, I wish to bring to your attention the consequences in Sri Lanka of the activities of the Liberation Tigers of Tamil Eelam (LTTE). You may wish to make this information available to the Special Rapporteur and the Working Groups concerned, for their consideration.

3. The terrorist activities of LTTE, in their violent campaign to establish a mono-ethnic racist one party State in the north and the east of Sri Lanka, have been an obstacle to the enjoyment of all human rights (whether civil and political or economic, social and cultural) of the Muslim, Tamil and Sinhalese people in all parts of the country. Considering the fact that the terrorist activity of LTTE has expanded and its potential extended beyond the territory of Sri Lanka, other countries have declared LTTE a terrorist organization. India and the United States.

4. With regard to civil and political rights, LTTE has systematically tried to prevent the holding of elections in the Northern and the Eastern Provinces of Sri Lanka. In March 1994, despite LTTE threats of violence, the Government successfully held local government elections in the Eastern Province and in the Vavuniya district of the Northern Province so that voters could exercise their most cherished right.

4.1 The general elections to Parliament are scheduled to be held shortly, and once again LTTE is obstructing all efforts to enable the people of the north to cast their votes. Uncertain of their success in such a democratic process, LTTE has sought to impose its own rule by the use of force and by the elimination of democratic political opposition.

4.2 LTTE has consistently denied the people of the Northern Province their right to free expression, their right to participation in free and fair elections and the right to vote and to participation in the government of the country.

5. LTTE has similarly deprived the people of Sri Lanka of several other rights enshrined in the International Covenant on Civil and Political Rights, including the right to life. The methods used by LTTE to impose their rule have violated the peoples' right to freedom from arbitrary arrest and detention and the right to equal protection of the law. The rights of children and freedom from compulsory labour are violated by LTTE's forced conscription of children into their 'training camps' and 'armies'. These facts are well-documented both locally and internationally. This practice, as well as that of forced contributions and extortions from the population totally violate the call for prohibition on unlawful interference in an individual's privacy and family.

6. Regardless of international human rights standards calling for the prohibition of advocating national racial or religious hatred, the thrust of LTTE propaganda is based on the advocacy of war and violence on these discriminatory grounds. This is best established in their practice of 'ethnic cleansing' for forcibly evicting Muslims and Sinhalese living in the Northern and Eastern Provinces of Sri Lanka. This practice has resulted in tens of thousands of displaced persons in the country. Similarly, the intolerance of LTTE based on religious grounds is proven in their gruesome attacks on two mosques in Kattankudi in the Eastern Province on 3 August 1990, in which 103 Muslims were killed in prayer. In 1985 one of the most revered and historical Buddhist sites in Sri Lanka was attacked in Anuradhapura, and 120 monks and worshippers were killed in the incident.

7. The individual and collective enjoyment of economic, social and cultural rights in Sri Lanka have also been severely affected. The large-scale destruction of public works infrastructure and the administrative mechanism in the north and the east have led to reconstruction costs which continue to be a substantial drain on the Government's budget. Scarce financial and other resources of the Government are diverted from productive purposes towards defence, reconstruction and welfare.

8. Similarly, the people's right to work, to food, clothing and housing, to health and education and even the right to freedom from hunger are jeopardized by LTTE's disruptive activities. The Government has not only to send a continuous supply of humanitarian provisions to the north and the east in order to ensure the well-being of the people of these areas, but has also to enlist the support of local and international NGOs, the International Committee of the Red Cross and relevant United Nations organizations to protect these supplies from LTTE sabotage. The cost of humanitarian provisions to the north and the east amounts to US$ 5 million per month.

9. The acts of violence of LTTE have been perpetrated not only in Sri Lanka, but overseas as well, with similar repercussions on peoples' rights and freedoms. Armed attacks and assassinations have been carried out in southern India, the most recent being the tragic assassination of the former Prime Minister of India, Mr. Rajiv Gandhi. Threats of reprisals on family and relatives in Sri Lanka have been a preferred means of LTTE to extort cash and 'contributions' from Sri Lankans resident overseas.

10. The LTTE link with drug trafficking is well-documented. Members of LTTE have been apprehended in all parts of the world (particularly in Western European countries, as well as in the United States and Canada) for the possession of drugs in the course of the last 10 years. The money collected in this process is used for the purchase of illicit arms and explosives, thereby posing a grave threat to the security of the society and the peaceable enjoyment of the fundamental human rights.

11. The activities of LTTE in Sri Lanka have therefore severely affected and restricted the enjoyment of the civil and political rights, as well as of the economic, social and cultural rights of all Sri Lankans, whether of Muslim, Tamil or Sinhalese origin. Faced with these constraints, the efforts of the Government of Sri Lanka have been to ensure its obligations relating to the promotion and protection of human rights of all its citizens. However, as recognized in Commission on Human Rights resolution 1994/42, the individual too has 'duties to other individuals and to the community to which he or she belongs' and 'is under responsibility to strive for the promotion and observance of the rights recognized in the International Covenants on Human Rights'.

12. I would be grateful to you, Sir, for transmitting the contents of this letter to the relevant persons in conformity with paragraph 4 of resolution 1994/46, as well as for distributing it as an official document of the fifty-first session of the Commission on Human Rights to all member and non-member States, and to observers.

13. I am annexing some relevant statistics on civilian casualties, politicians killed and bomb explosions as a result of LTTE terrorism."

The Liberation Tigers of Tamil Eelam (LTTE) have violated the right to life, killing civilians of all religious and ethnic groups and targeting men, women and even children in their terrorist attacks carried out in Sri Lanka and abroad. Annexes (a), (b) and (c) give specific details of the massacres of civilians, of politicians killed and bomb explosions carried out by LTTE.

The LTTE massacre of 62 Sinhalese settlers at the Dollar and Kent Farms in Vavuniya on 30 November 1984 was followed by the massacre of villagers engaged in fishing at Kokilai and Nayaru on 1 December.

In May 1985, LTTE gunned down 120 Buddhist pilgrims worshipping at the Scared Bo Tree in Anuradhapura (a sapling of the tree in Buddhagaya under which the Buddha attained enlightenment) and injuring about 85 others engaged in worship at one of the most scared religious sites in the country. In 1987 LTTE massacred 30 Buddhist priests and 4 civilians travelling in a bus for a religious ordination ceremony; another 15 Buddhist priests were injured in this attack.

Not only Buddhist but Muslim places of worship have also been desecrated. In 1990 LTTE terrorists opened fire on Muslims praying in two mosques at Kattankudy, killing 103 and wounding 70.

Almost all of these attacks were carried out with a premeditated and cynical brutality hitherto unknown in Sri Lanka. Women and children were not spared. In the attack at Mahadivulwewa on 27 May 1986, of the 20 Sinhalese killed 10 were children, the youngest a 14-month-old boy. Brutal methods and horrifying mutilations were inflicted in order to drive terror into the people. LTTE exploded a bomb killing 110 civilians and injuring 298 others at the Pettah central bus stand in 1984, at the height of the rush hour. In November the same year, LTTE set off a car-bomb killing 23 civilians and injuring 106 outside the Maradana central railway station, at the peak traffic hour.

LTTE is also well known for its internecine warfare and attacks on all other Tamil political groups, to annihilate opposition. It has systematically eliminated key Tamil political leaders, beginning with Major Alfred Duraiappa in 1975, and others such as A. Amirthalingam, a former leader of the opposition, and V. Yogeswaran of the TULF Tamil political parties. and Sam Thambimuttu EPRLF, 2/ Member of Parliament. These acts have been carried out with the clear objective of eliminating the moderate Tamil political leadership committed to a democratic political system.

The LTTE involvement in the assassination of elected leaders of Sri Lanka such as President Ranasinghe Premadasa and former Cabinet Minister Lalith Athulathmudali, during the provincial councils election campaign of 1993, have transpired in the investigations. In 1991, LTTE set off a car bomb, assassinating Gen. Ranjan Wijeratne, State Minister for Defence.

Thus the LTTE campaign of terror has been launched with the principle objective of the systematic elimination of the democratic political leadership both in the south and the north of the country.

LTTE has the capacity to carry out its attacks even abroad. In 1984, in India, LTTE exploded a bomb at Meenambakkam airport in Madras, killing 30 persons. In 1990, LTTE assassinated K. Pathmanaba and other EPRLF leaders in Madras. In 1991, a LTTE suicide bomber killed Rajiv Gandhi, former Prime Minister of India, during the Indian election campaign. Earlier this year, LTTE killed a Tamil organizer, S. Sabalingam in Paris, apparently for daring to expose LTTE intolerance and hate-tactics.

Innumerable attempts have been made by LTTE to strike terror in the heart of the capital city, Colombo, and to halt friendly external support. A bomb was planted in an Air Lankan plane in 1986, resulting in 16 dead and 39 injured. Bombs have also been placed in hotels, resulting in many deaths and injuries.

Planting of bombs in crowded buses and trains, laying land-mines on busy roads, abducting and killing villagers and settlers in remote areas, burning and looting of houses and other property, killing farmers in the fields and fishermen at sea are all routine LTTE operations.

Arrests of LTTE couriers and agents and court convictions have revealed that the organization's tentacles are spread wide overseas, based on narcotic drugs and arms smuggling and the victimization of Tamil expatriates by extortion."

In a communication dated 31 August 1994, the Special Rapporteur sent the following observations to the Government of Switzerland:

"According to the information supplied, the Swiss Military Penal Code contains provisions making it an offence to refuse to perform military service on the grounds of conscientious objection. Moreover, some conscientious objectors have reportedly been imprisoned.

The following case has been brought to the attention of the Special Rapporteur. Andrea Cadalbert is said to have been sent to prison in April 1993 to serve a three-month sentence for refusing to perform military service. Mr. Cadalbert is alleged to have already undergone initial military training and eight physical training courses, from which he had concluded that military service was incompatible with his conscience."

On 6 October 1994, the Permanent Mission of Switzerland transmitted the following information about the above allegations to the Special Rapporteur:

"In Switzerland, freedom of conscience and belief is inviolable. No-one may be forced to join a religious association, to attend religious teaching or to perform a religious act or be subjected to penalties of any sort because of his religious beliefs (art. 49 of the Constitution). This guarantee, which enjoins religious neutrality on the State, protects all religious convictions or opinions, even those of very small minorities in Switzerland, like the Mormons, Scientologists, Jehovah's Witnesses or Methodists. Freedom of thought, conscience and belief is furthermore guaranteed by article 9 of the European Convention on Human Rights and article 18 of the International Covenant on Civil and Political Rights.

The 26 Swiss cantons and half-cantons are free to define their relationship with churches; they may, in particular, while respecting freedom of conscience and belief, designate one or more 'official churches', and, for example, pay their ministers, subsidize them or allow them to levy taxes. The cantons' practice has been found to comply with the general principle of equality.

The Constitution likewise protects the right to change religion, i.e. to leave a church of which one is a member. While the precedents of the Federal Court permit churches to establish a special procedure enabling one of their members to leave them, this procedure must not constitute an obstacle to the wishes of the person concerned.

In Switzerland, religious belief does exempt a person from fulfilling a civic duty such as military service, as under the Military Penal Code anyone refusing to serve is liable to imprisonment (in general for six months). Nevertheless, since 15 July 1991, article 81 of the Code has been amended to enable anyone who, on the grounds of fundamental ethical values, can reasonably demonstrate that he is unable to reconcile military service with the demands of his conscience, to perform civilian service instead of being imprisoned. This obligation to work for a period of time which is one and a half times longer than the military service which has been refused, but which may not exceed two years, is not included in the person's police record. The figures for 1992 are as follows: 236 (or 55 per cent) of the 433 refusals to perform military service were genuinely motivated by a conflict with fundamental ethical values. One hundred and ninety-seven prison sentences were imposed, 221 persons were obliged to perform civilian service and 15 soldiers were permitted to serve without bearing arms."

In a decision of 20 March 1992, the Military Court of Cassation pointed out that:

"A decision dictated by conscience is a compelling value judgement which imposes a duty to act or not to act upon the decision-taker. It stems from an extremely personal, profound process, as conscience is the ultimate, decisive authority which impels the person in question to behave in a given manner in specific situations in order to be at peace with himself. A person faced with a situation calling for a decision guided by his conscience does not have a free choice. He must react in the way his conscience dictates. This inner voice dictates behaviour which allows no room for compromise or half measures. Conscientious objection differs from a refusal to serve on the grounds of abstract ethical principles or professions of faith which have been learned. It is special in that in normal circumstances, most decisions are taken in the light of usual standards and scales of values which are not imperative in nature.

Although, when examining a conflict of conscience, no subtle distinctions may be drawn between ethical, religious or political reasons, weight should not be given indiscriminately to a decision dictated by a person's conscience. Only behaviour resting on inner certitude with regard to fundamental ethical values can justify the application of article 81, paragraph 2 of the Military Penal Code. These fundamental ethical values are those with which society has become deeply imbued with the passage of time and which are conducive to the triumph of good over evil and justice over injustice in all circumstances. A decision resting on a rational appraisal reached by the application of criteria which distinguish what is false from what is true in the eyes of the person concerned does not typify the dilemma which makes military service incompatible with the demands of that person's conscience.

Behaviour resulting from adherence to humanitarian principles or a political ideology does not justify the granting of the exemption provided for by law, unless at the same time it is based on deeply held convictions and noble sentiments which are bound up with fundamental ethical values. Invoking a personal philosophy is not therefore sufficient for the conditions required for the application of article 81 of the Military Penal Code to be met. Only high moral precepts, which must be reasonably shown to be of a compelling nature for a person's conscience, justify conscientious objection.

Mr. Cadalbert, to whom the Special Rapporteur expressly refers in his request, was sentenced, on the basis of the above-mentioned principles, to three months' imprisonment for refusal to serve, expelled from the army and ordered to pay the cost of proceedings amounting to SwF 510. As he did not avail himself of the legal remedies open to him, this judgement became final on 22 May 1992. The court considered that the reasons given by Mr. Cadalbert as grounds for refusing to serve (taking issue with the structure of the army which he described as 'inhuman', belief that armies do not solve any problems, etc.) did not satisfy the requirements of case law (see the above-mentioned quotation) for valid entitlement to conscientious objection.

Recently, on 17 May 1992, the people and the cantons accepted an amendment to article 18 of the Constitution which now embodies the principle of civilian service, as well as the rule that service is obligatory. It now rests with the legislature to enact legal provisions implementing this new principle and to stipulate admissible grounds for exemption from service in the army, the duration of civilian service and the terms and conditions covering it. At this stage of the legislative process, it is already possible to say that there will be no free choice between military and civilian service, as the former will remain the rule and the second will be permissible only on certain ethical grounds and in accordance with a procedure which has still to be defined. Nevertheless, once the legislation comes into force, conscientious objectors will no longer be liable to a penalty."

In a communication dated 18 August 1994, the Special Rapporteur transmitted the following information to the Government of Tanzania:

"The Special Rapporteur has been informed that, on 16 February 1994, a decree was promulgated prohibiting the Jehovah's Witnesses from pursuing their activities and holding meetings although they have been recognized and registered as a religious organization since 1988.

According to some reports, pressure has been building up which could endanger the religious peace in Tanzania and is a source of concern to the Christian community. The following cases have been brought to the attention of the Special Rapporteur and may be summarized as follows: on Good Friday 1993, clashes occurred between Muslims and police in Dar es Salaam, after Muslims allegedly attacked butchers' shops selling pork. The same group reportedly asked its members to give up their official party cards and form an Islamic party. The Catholic bishops officially took a stand against religious calumny and provocative acts towards other religions."

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