Distr.
GENERAL

E/CN.4/1993/62
6 January 1993

ENGLISH
Original: ENGLISH/FRENCH/SPANISH

COMMISSION ON HUMAN RIGHTS
Forty-ninth session
Item 22 of the provisional agenda



IMPLEMENTATION OF THE DECLARATION ON THE ELIMINATION OF
ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON
RELIGION OR BELIEF


Report submitted by Mr. Angelo Vidal d’Almeida Ribeiro, Special Rapporteur
appointed in accordance with Commission on Human Rights resolution
1986/20 of 10 March 1986

CONTENTS


Paragraphs

Introduction 1 - 8

I.MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR 9-14

II.SPECIFIC INCIDENTS IN VARIOUS COUNTRIES EXAMINED BY THE
SPECIAL RAPPORTEUR 15 - 17
China 18 - 22
Cuba 23 - 24
Egypt 25 - 26
El Salvador 27 - 28
Ethiopia 29
Greece 30 - 33
India 34
Indonesia 35 - 36
Iran (Islamic Republic of) 37 - 38
Iraq 39 - 42
Malawi 43
Malaysia 44
Myanmar 45 - 47
Pakistan 48 - 49
Romania 50
Saudi Arabia 51 - 53
Sri Lanka 54
Sudan 55 - 60
Switzerland 61 - 62
Syrian Arab Republic 63
Ukraine 65
United States of America 66 - 67
Viet Nam 68
The former Yugoslavia 69 - 70

III. CONCLUSIONS AND RECOMMENDATIONS 71 - 92


Introduction


1. At its forty-second session, the Commission on Human Rights decided, in resolution 1986/20 of 10 March 1986, to appoint for one year a special rapporteur to examine incidents and governmental actions in all parts of the world which were inconsistent with the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, and to recommend remedial measures for such situations.

2. Pursuant to that resolution the Special Rapporteur submitted a first report to the Commission at its forty-third session (E/CN.4/1987/35). His mandate was extended for one year by Commission on Human Rights resolution 1987/15 of 4 March 1987 adopted at that session.

3. At its forty-fourth session, the Commission had before it a further report by the Special Rapporteur (E/CN.4/1988/45 and Add.1 and Corr.1) and it decided, by resolution 1988/55, to extend the Special Rapporteur’s mandate for two years. At its forty-fifth session, the Special Rapporteur submitted his third report (E/CN.4/1989/44) to the Commission.

4. At its forty-sixth session, the Commission on Human Rights considered the Special Rapporteur’s fourth report (E/CN.4/1990/46) submitted in conformity with the provisions of resolution 1989/44. During that session, the Commission decided, by resolution 1990/27, to extend his mandate for a further two years. At its forty-seventh session, the Special Rapporteur submitted his fifth report (E/CN.4/1991/56) to the Commission. The Special Rapporteur submitted his sixth report (E/CN.4/1992/52) to the Commission on Human Rights at its forty-eighth session. During that session, the Commission decided, by resolution 1992/17, to extend his mandate for an additional three years.

5. The report which follows is submitted to the Commission on Human Rights at its present session in accordance with the provisions of paragraph 14 of resolution 1992/17 of 21 February 1992.

6. In chapter I, the Special Rapporteur recalls the terms of his mandate and their interpretation, and describes the working methods he used in preparing this seventh report.

7. Chapter II concerns the activities of the Special Rapporteur during the present reporting period. It contains allegations duly transmitted to the Governments concerned regarding situations which were said to depart from the provisions of the Declaration as well as the comments formulated in that regard by Governments. In order to be able to submit his report in time for the forty-ninth session of the Commission on Human Rights, the Special Rapporteur has not been able to take account of communications received after 15 December 1992. They will, however, be included in the report which he will submit to the Commission at its fiftieth session, in 1994.

8. Lastly, in chapter III the Special Rapporteur submits conclusions and recommendations based on his analysis of the information available on the numerous infringements of the rights set out in the Declaration during the period covered by this report and on the study of measures which could contribute to preventing intolerance and discrimination based on religion or belief.

I. MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR

9. In his previous reports, the Special Rapporteur included considerations on the subject of his interpretation of the mandate entrusted to him by the Commission on Human Rights (E/CN.4/1988/45, paras. 1-8; E/CN.4/1989/44, paras. 14-18). He particularly stressed its dynamic nature. He therefore considered it necessary in the initial phase to set out the elements of the problem before him and in so doing to identify factors which might be an impediment to the implementation of the provisions of the Declaration; to make a general inventory of incidents and measures inconsistent with those provisions; to emphasize their adverse consequences in respect of the enjoyment of fundamental rights and freedoms; and to recommend a number of remedial measures.

10. In the second phase, the Special Rapporteur deemed it useful to take a more specific approach and to endeavour to identify more precisely particular situations where inconsistencies with the provisions of the Declaration might have been reported. For this purpose he specifically approached a number of Governments and requested clarification of allegations concerning their country in particular. He noted with satisfaction that most of the Governments in question had replied. He deems it essential at the present stage to continue with and to develop this dialogue, which clearly demonstrates a genuine interest in the issues raised in the context of his mandate, and sustains the hope of further mobilization with a view to reaching a solution.

11. This method of direct dialogue with Governments, used experimentally during his previous mandates, has been backed up to some extent during the last five years by the actual terms of Commission on Human Rights resolutions 1988/35, 1989/44, 1990/27, 1991/48 and 1992/17, adopted at the forty-fourth, forty-fifth, forty-sixth, forty-seventh and forty-eighth sessions. They invite the Special Rapporteur "to seek the views and comments of the Government concerned on any information which he intends to include in his report". In his previous two reports, the Special Rapporteur has included the answers provided by Governments to a questionnaire which he addressed to them on 25 July 1990. The questions appearing in it were selected in the light of the dialogue which the Special Rapporteur has been able to establish with many Governments since taking up his mandate and reflect aspects which, in his opinion, call for clarification. His analysis of the answers was included in the report (E/CN.4/1992/52, paras. 93-164) which he presented to the Commission on Human Rights at its forty-eighth session.

12. The Special Rapporteur welcomed the decision of the Commission in resolution 1992/17 to extend his mandate for an additional three years. He considers that the decision has enabled him to develop further his dialogue with Governments and to offer them additional opportunities of providing their comments on issues raised or on particular allegations transmitted to them. This will enable him to present a more comprehensive analysis to the Commission at the end of the three-year period of his mandate.

13. As in his previous reports, the Special Rapporteur has endeavoured, as the terms of Commission on Human Rights resolution 1992/17 require, to respond effectively to credible and reliable information coming before him, and to carry out his work with discretion and independence. In order to do so, he has drawn on a very broad range of governmental and non-governmental sources, of very varied geographical origins, stemming both from organizations and from individuals. Among such sources, the Special Rapporteur has endeavoured to take due account of information from religious groups and denominational communities. He has given priority to the use of recent information for the period since the submission of his previous report to the Commission; however, particularly in the case of situations mentioned for the first time, or in order to take account of problems the origins or at least the manifestations of which go back a number of years, he has sometimes made use of earlier information and referred to it.

14. Given this multiplicity of responsibilities, the dialogue established with Governments by the Special Rapporteur and the transmission of allegations concerning their countries in no way implies any kind of accusation or value judgement on the part of the Special Rapporteur, but rather a request for clarification with a view to trying to find, along with the Government concerned, a solution to a problem which goes to the heart of human rights and fundamental freedoms.

II. SPECIFIC INCIDENTS IN VARIOUS COUNTRIES EXAMINED BY
THE SPECIAL RAPPORTEUR

15. The Special Rapporteur addressed specific requests to a number of Governments, in accordance with the provisions of paragraph 11 of Commission on Human Rights resolution 1992/17 which invites the Special Rapporteur "to seek the views and comments of the Government concerned on any information which he intends to include in his report," and with the provisions of paragraph 12 which calls upon Governments "to cooperate with the Special Rapporteur, inter alia, by responding expeditiously to requests for such views and comments". In these specific communications the Special Rapporteur requested any comments concerning information on situations which seemed to involve a departure from the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, particularly those dealing with the enjoyment of the right of freedom of thought, conscience and religion (arts. 1 and 6); the prevention, elimination and prohibition of discrimination and intolerance on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms (arts. 2-4); and the right of parents to organize the life within the family in accordance with their religious beliefs and the right of children to have access to a religious education in accordance with the wishes of their parents, as well as the right of children to be protected from any form of discrimination on the grounds of religion or belief (art. 5).

16. As of 15 December 1992, the following Governments had replied to the specific communications transmitted to them by the Special Rapporteur during 1992: Iraq, Myanmar, Saudi Arabia, Sudan.

17. In addition, following specific communications transmitted to Governments during 1991, the Special Rapporteur received, after the finalization of his report to the Commission on Human Rights, at the end of 1991 and in 1992 replies from the Governments of China, Cuba, Greece, Indonesia, Iraq, Sudan, Switzerland, Syrian Arab Republic, United States of America. Both the specific communications and the replies to them are included in this report.

China


18. In a communication sent on 31 October 1991 (E/CN.4/1992/52, para. 22), addressed to the Government of China, the following information was transmitted by the Special Rapporteur:

It has also been alleged that the following new criteria for the selection of abbots in Tibet have also been established:
The Special Rapporteur has been informed that national legislation governing religious affairs concerning Tibetans has been adopted and would greatly appreciate receiving the text of this law. He would also be very grateful to obtain a copy of the provincial law on religious activity in Tibet as well as the ‘Rules for Democratic Management of Temples’ which were enacted by the People’s Congress of the Tibetan Autonomous Region. In addition, he would also like to acquaint himself with the activities of the Tibetan Buddhism Guidance Committee.

It has been alleged that a report concerning basic policy on religious affairs produced in February 1991 in the Ganze prefecture of Sechuan province states that ‘Freedom of religious belief is a long-term policy which will prevail until the natural extinction of religion’, adding that ‘...we are not totally ready for the natural extinction of religion, and we must make a long-term effort’. The report states, inter alia, ‘...all the people living in Ganze prefecture knew that among the 80,000 people living in Ganze prefecture, 76 per cent are Tibetans, the majority of whom believed in Tibetan Buddhism, and there is a thousand years of history (of them believing in it). From here we can see very clearly that we must have a good nationality relationship in order to carry out the policy of freedom of religious belief’.

It has been said that the report further indicates that ‘We must remember the lessons we have learned from the past when we adopted simplistic and forceful methods to extinguish religion and eventually got just contrary to what we had expected.’ The report allegedly also states that ‘To protect proper religious activities, it is also necessary for the masses of religious people and monks to do according to the party’s religious policy. Religious activities and religious lives can only be developed and carried out within the scope of the permission of the policy and law’, adding ‘Of course, to undertake religious activities outside the religious site is abnormal, and must be forbidden.’ It is also said to indicate that ‘Religious professionals are responsible for liaising with the religious masses to manage religious affairs and keep them in order, and to preserve monasteries, especially those monasteries which have been listed as important cultural units.’ It reportedly prescribes that ‘We must bear in mind the reality of the masses of people in our prefecture. They have just been living a reasonably well-off life, and therefore we must advise them on not to donate too much money to religion, and not to start big constructions, in order to avoid waste of manpower, etc.’ The report allegedly states further that ‘It should be pointed out specially that the regulation on forbidding young people under 18 years of age to be religious was not seriously carried out in some areas. It is not allowed and (is) a violation of the policy to seduce young people into religion by taking advantage of their inexperience and inability to tell right from wrong.’ The report is said to conclude by indicating that ‘It is obvious, therefore, that it is a long-term, not-ending-until-the-natural-extinction-of-religion enduring work to continue to propagate the religious policy to the masses, especially the religious people, to raise their level of self-consciousness.’

It has been reported that the Monlam (Great Prayer) Festival has been banned for the third consecutive year and that the streets in the Barkor area of Lhasa which are used for circumambulation of the Jokhang Temple were dug up during this period. It has also been reported that on this occasion a 24-hour curfew had been placed on monasteries near Lhasa from 1 to 11 March 1991 and that units of the People’s Armed Police (Wu Jing) of up to 100 men sealed off the monasteries, thus preventing about 900 monks from leaving the monasteries of Drepung, Ganden and Sera. It has been alleged that a monk had been shot and wounded in the abdomen by the armed police on 1 March 1991.

It has further been reported that monks who were expelled from monasteries, imprisoned and subsequently released and confined to their areas of origin are obliged to report to the local police authorities every seven days. They allegedly cannot leave the area without official permission and in the event that it is granted must return within seven days. These restrictions are said to be imposed for indefinite periods. If allowed once again to join a monastery, the monks are confined to the monastery area and required to report to the police every seven days. The reporting sessions are said to last an hour and include requests for information about other monks in the monastery. Monks are reportedly also restricted with regard to which monastery they may receive education from.

Pilgrims visiting these monasteries are reportedly searched and special approval by the authorities is said to be required for the performance of religious ceremonies and rituals which are said to be limited mainly to outward manifestations such as circumambulation and prostration. It has been reported that the authorities have decreed that only ‘normal’ religious practices are allowed and only within specified buildings. All administrative decisions are said to be made by local officials, thus depriving the monastic officials of all authority.

It has further been alleged that in February and May 1991 all monks and nuns in the principal religious institutions of Lhasa were confined by the authorities to their quarters for periods of up to two weeks and that permanent police teams were moved into these institutions. The admission of new monks and nuns has allegedly been banned. The numbers of teachers who are able to impart doctrine is said to be very small and declining. For example, it has been alleged that there were only two qualified teachers holding the geshe degree for 400 monks in Ganden monastery. There are allegedly only 35 holders of the geshe degree at Sera monastery, all of whom received their degrees more than thirty years ago. This is said to result in a significant generation gap between the novices and learned monks. As a result, only a small number are said to have reached the intermediate level of training, especially since monks are reportedly only permitted to debate two hours each day. The Special Rapporteur was also informed that four Tibetan monks had been sentenced to an average of 15 years’ imprisonment in November 1989 for translating the Universal Declaration of Human Rights.

According to the sources, severe restrictions on travel both inside the country and abroad were imposed as of 27 September 1990, in anticipation of the Kalachakra religious initiation ceremony which was to be held in December in India. Local authorities are said to have received an ‘Instruction on Doing Correctly the Work of Dissuading the Masses from Leaving the Country’, with a view to discouraging people from attending this important Buddhist ceremony. It has been alleged that the orders specifically concerned persons who are leaving the country ‘to hear prayers’. It has also been alleged that persons who had travelled abroad to attend the Kalachakra ceremony have been arrested upon return and imprisoned for six months.

The Special Rapporteur has been informed of the arrest of the following monks who are currently said to be detained in Drapchi prison. Since no reasons for their arrest were reported, the Special Rapporteur would be grateful if the Government could provide information with regard to the section of the Criminal Code under which they have been charged as well as the circumstances surrounding their arrest (the names are provided in the common phonetic transliteration):

1. Lobsang Tsultrim, aged 75 Drepung monastery

2. Khyentse Legdrug, aged 27 Namrab Dag monastery
(Lay name: Phurbu Tsering)

3. Ngawang Rangdrol, aged 20 Samye monastery

4. Lobsang Yeshe, aged 26 Ganden monastery

5. Lobsang Choejor, aged 32 Ganden monastery
(Lay name: Chunjor)

6. Lobsang Tashi, aged 28 Ganden monastery
(Lay name: Chungdak)

7. Lhundrub Gaden (or Kelden), aged 22 Ganden monastery
(Lay name: Tashi)

8. Thubten Tsering, aged 64 Sera monastery

9. Ngawang Tenzin, aged 21 Kyormolung monastery
(Lay name: Nyima)

10. Ngawang Shenyen, aged 25 Kyormolung monastery
(Lay name: Phun Dorje)

11. Ngawang Rabsang, aged 18 Kyormolung monastery
(Lay name: Norbu)

12. Thubten Namdrol, aged 63 Draraludrag monastery

In addition, the Special Rapporteur’s attention was drawn to the cases of arrest of the following members of the Christian clergy:

19. On 9 January 1992 the Permanent Mission of the People’s Republic of China transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegation (E/CN.4/1992/52, para. 22):

20. On 28 January 1992, the Permanent Mission of the People’s Republic of China transmitted the following information to the Special Rapporteur with regard to the part of the allegation concerning members of Christian clergy which he had sent on 15 June 1990 (E/CN.4/1991/56, para. 48):

..."
21. On 6 February 1992 an additional reply from the Permanent Mission of the People’s Republic of China was transmitted to the Special Rapporteur with regard to the allegation contained in his communication of 31 October 1991 (E/CN.4/1992/52, para. 22):

"1. Identification and approval of the reincarnation (‘Soul Boy’) of a living Buddha

The reincarnation of living Buddhas is a feature peculiar to Tibetan Buddhism which began in the thirteenth century A.D. and thus dates back over 700 years. Over the centuries a basic tradition and religious ritual for the identification of the Soul Boy has evolved in Tibetan Buddhism; successive central Governments have devised an entire procedure for dealing with the matter, which has become a convention. Taking the reincarnation of major living Buddhas, such as the Dalai Lama and Panchen Lama, as an example, the procedure basically runs as follows: (1) upon the passing to another world of a living Buddha, the site where his Soul Boy will be born is determined by reference to prophesies made before the deceased Buddha’s birth and omens and oracles at the time of his death; (2) members of the monastery where he lived are dispatched to that area to make secret inquiries and select children who are likely candidates for the Soul Boy; (3) the children selected are asked to identify objects that belonged to the deceased in his former life, or are examined by his acolytes; (4) the children identified by this screening are notified to the central Government and, with its approval, proceed to draw lots from the golden bottle (Penba); (5) the Soul Boy identified by the drawing of lots may, with the approval of the central Government, assume the title of Dalai Lama, Panchen Lama or other living Buddha and undergo the enthronement ceremony. The fourteenth Dalai Lama (1935- ) and the tenth Panchen Lama (1939-1989) were both approved by the central Government in this way, in February 1940 and August 1949 respectively, before assuming office. The Chinese Government treats the religious ritual, tradition and historical convention associated with the present-day identification of reincarnations of Tibetan living Buddhas, and the activities of the various monasteries and temples involved, with the utmost respect. The passing to another world of the Panchen Lama and the search for his Soul Boy are being handled in precisely this manner. The claim in the annex to your letter that this violates ancient religious tradition is incorrect.

Throughout history, the search for the Soul Boys of Tibetan living Buddhas has invariably been conducted within the regions inhabited by the Tibetan Buddhist Zang, Mongolian and other Chinese ethnic minorities. Hence it is quite normal for the current search to be carried out within the country.

Suggestions of this sort are quite at variance with reality. The Permanent Mission of China in Geneva sent a letter to the Special Rapporteur on religious matters in December 1990 giving a full account of this topic; it was incorporated into his report to the Commission on Human Rights at its forty-seventh session (E/CN.4/1991/56, p. 81 of the English text).
That citizens of the People’s Republic of China enjoy freedom of religious belief as one of the civil rights enunciated in the Chinese Constitution.

Respecting citizens’ freedom of religion and protecting normal religious activities is the basic and consistent policy of the Chinese Government on religious matters. The Government has never interfered in or restricted the religious rites observed at Tibet’s many monasteries or the Buddhist activities of the religious masses. Nowadays hundreds of thousands of ethnic Tibetans and over 10,000 foreign pilgrims and tourists annually visit monasteries all over the country. There are no ‘searches of pilgrims’.


The Chinese Government regards the Universal Declaration of Human Rights as the prime international instrument specifically and systematically promoting and protecting basic human rights. Despite its historical limitations, the Declaration has made a positive contribution to the development of the post-war international human rights movement. Many Chinese publications have translated and printed it. The claim that four Tibetan monks were sent to prison in November 1989 for translating the Declaration is absolutely unfounded.
Upon investigation, it transpires that the Chinese Government has already replied to inquiries about some of the Tibetans on the list and the replies were incorporated into your report to the Commission on Human Rights at its forty-seventh session. The remaining names are now being investigated by the appropriate Chinese ministries."

22. In a communication sent on 18 November 1992 addressed to the Government of China, the following information was transmitted by the Special Rapporteur:

"Information concerning Buddhists

The Special Rapporteur has continued to receive information concerning the exercise of the freedom of religion in Tibet which reportedly remains subjected to the control of the authorities through the Religious Affairs Bureau, the Tibetan Buddhist Association and the Democratic Management Committees. Religious practice is reportedly still reduced to superficial ritualistic manifestations of faith such as prostration, circumambulation of holy places, flying of prayer flags and the spinning of prayer wheels. Pilgrimages to religious sites have also been restricted and the Monlam Prayer Festival has remained prohibited since 1989. The practice of Buddhism continues to be restricted to monasteries and places officially designated for worship and the teachers allowed to give public teachings within monasteries and nunneries are carefully selected.

In February 1991, the Party Central Committee and the State Council are reported to have jointly issued Document No. 6 on ‘Making Further Progress on Certain Problems in Religious Work’. It refers, inter alia, to the ‘implementation of laws, regulations and policies concerning religion through which the Government exercises administrative management and supervision over it.’, adding: ‘The patriotic religious organizations and the professional religious personnel are responsible for supervising them in accordance with the principles of democratic management. ... Approval of the People’s Government above the county level must be obtained in order to open new places for religious activity’. As concerns foreign religious bodies or individuals, they are not ‘permitted to establish a business office, build churches and temples or carry out missionary activity in our country’ and any agreement on cooperation that may be signed ‘should not contain articles permitting missionary work’. The approval of the State Council is required for participation in ‘a prominent activity overseas’. The document stipulates in addition that ‘if important and influential religious persons come to China to visit or for tourism, the Affairs Bureau should be notified’.

The patriotic religious organizations, ‘should accept the leadership of the party and Government’, which would ‘help them to solve problems connected with the carrying out of their work, such as office space, expenses, and the difficulties in some places concerning the livelihood of religious professionals’. In addition, the authorities would ‘help them to train in a planned and organized way a band of religious professionals who fervently love the motherland, accept the party’s leadership, persevere in following socialism, safeguard national and ethnic unity, have religious knowledge and are adept at contacting religious believers’.

In Chapter VI entitled ‘Strengthen the Party’s Leadership over Religious Work’, it is stated, inter alia, that ‘It is not permitted for published works which touch upon religion to violate the party and Government’s religious policy ...’. In addition, ‘Communist Party members may not believe in religion, nor may they participate in religious activities. Party members should be helped ‘to acquire a correct world view, to draw clear boundaries between atheism and theism and to affirm their faith in communism. For those who persist in their ways, encourage them to withdraw from the party.’

The Special Rapporteur was informed that major monasteries continue to be administered by Work Inspection Units and Democratic Management Committees, which are even involved in the process of selecting abbots, while permanent police stations have continued to be maintained in larger monasteries such as Drepung, Ganden and Sera. In addition to a declining number of students, it has been alleged that the number of qualified teachers able to impart doctrine is also very small and on the decline. It has been reported, for example, that the Ganden monastery near Lhasa which has a population of 400 monks has only two fully qualified teachers (Geshe Lharampa). It has further been alleged that between 1990 and 1992, the number of monks at the Draghla Lhubuk temple has been reduced from 25 to 2. In addition, it has been alleged that in many monasteries there is insufficient time to engage in religious study because of the burdensome work requirements imposed by the monastery Democratic Management Committees which reportedly require monks and nuns to work eight hours a day, six days a week. This practice is said to have engendered a new category of monks known as Lalang whose tasks may include farming, animal husbandry and trading.

Monasteries and nunneries reportedly continue to receive quotas for novices and have not been able to accept any new ones since 1988. Although monks and nuns would traditionally join a monastery at the age of seven or eight, the induction of novices below the age of 18 is now prohibited by law. Candidates must reportedly have some and at times all of the following nine qualifications:


The Special Rapporteur has been informed that monks and nuns have continued to be arrested and detained. He was also informed that on 29 September 1991, the authorities announced at a public meeting in Lhasa that the police and army had been authorized to shoot persons taking part in demonstrations or putting up unauthorized posters. The following monks and nuns are among those who have been arrested in 1991 and 1992, mostly during demonstrations:

March 1991

" Four monks from Drepung monastery believed to be held in Gutsa prison were arrested in connection with the hoisting of the Tibetan flag on the monastery roof on 10 March: Ngawang Chime (22) and Ngawang Denchoe (24) on 21 March; Ngawang Samten (22) and Ngawang Phuntsok (25) on 29 March;
" Five monks from Dingkar monastery: Ngawang Soepa (28), Kelsang Gyaltsen (25), Ngawang Tsundu (26), Ngawang Legshe (22) and Ngawang Namgyal (22) were arrested around 3 p.m. on 17 March and are reportedly detained in Drapchi prison, having received prison sentences ranging from three to six years (18 and 23 March were also cited as possible dates of arrest);

April 1991

" One nun from Gari nunnery was arrested on 30 April in the Barkhor when she staged a solitary demonstration;
" One monk from Dingkar monastery, Penpa (Ngawang Ludrup) (22), was reportedly arrested in April;

May 1991

" Two monks from Samye monastery, Sherab and Lhagyal, both aged 21, were arrested for participating in a demonstration;
" One monk from Sera monastery, Ngawang Gyaltsen, was arrested on 3 May;
" Eight monks from Sera monastery were arrested around l.20 p.m. on 26 May as they were marching from the Ramoche to the Jhokhang Temple (one of the monks was reportedly stabbed): Lobsang Delek (22), believed to be detained in Sangyip prison, Lobsang (Topchu) Thabkhe (25), Lobsang Lhudrup (23), Kunkyab (19), Lobsang Nyima (24), Thupten (23) and Tsetan (Tsering) Tashi (or Phuntsok Tsungme) (20), all believed to be detained in Gutsa prison;

June 1991

" Four (or seven) monks were reportedly arrested on 2 June for displaying the Tibetan flag;
" Twelve nuns were reportedly arrested on 9 June; the following specific names were given concerning nuns from Gari nunnery believed to be detained in Gutsa prison: Ngawang Namdrol (19), Gyaltsen Lhochoe (22), Gyaltsen Dolma (17), Gyaltsen Pema (18) and Ngawang Lhamo (18);
" Four nuns from Tsamkhung nunnery were reportedly arrested in Lhasa in June: Ngawang Lhamo (22), Tsamchoe (23), Ngawang Yangchen (25), Karma (24);
" Four other nuns from Tsamkhung nunnery were reportedly arrested on 10 June: Karma Choedon (22), Phurbu Choedon (22), Tsamchoe (22) and Ngawang Wangmo (23);
" Two nuns were arrested during a demonstration on 27 June in Lhasa;
" Five nuns from Chupsang nunnery were arrested in June and are believed to be detained in Gutsa prison: Gyaltsen Ngodup, Phentog, Gyaltsen Dhamchoe, Tashi Dolkar, Tsultrim Sangmo;

July 1991

" Three nuns aged between 18 and 25 were arrested in Lhasa on 19/20 July;

August 1991

" One monk from Sera monastery, Kelsang Phuntsok (21), was arrested on 4 August and is believed to be detained in Gutsa prison;
" One monk and one nun, Phuntsok Tseyang, from Mijungri nunnery were arrested by members of the Public Security Bureau in Lhasa on 14 August;
" Five nuns from Chupsang nunnery: Gyaltsen Ngodup (24), Ngawang Youdron (23), Ngawang Tseten, Gyaltsen Dhamchoe and Tsultrim Zangmo were arrested on 19 August;
" Six nuns from Tsamkhung nunnery were reportedly arrested on 27 August in Lhasa and are detained in Gutsa prison, having received prison sentences ranging from one to three years: Tenzin Choedon (29), Phurbu Choedon (22), Ngawang Yangdol (18), Pema Choedon (20), Jampal Sangmo (19) and Karma Choedon (21);
" Four monks from Drepung monastery were also arrested in August: Ngawang Ludrup, Jampel Nyima, Ngawang Zangpo and Ngawang Gomchen;

September 1991

" One nun from Chupsang nunnery, Tendrol, was arrested on 2 September for demonstrating in the Norbulingka, expelled from the nunnery and sentenced to three years’ imprisonment;
" Two monks, Phuntsok Samten (24) and Tsering Dhondup (20), were arrested on 4 September and are detained in Gutsa prison;
" Two monks from Drepung monastery, Ngawang Rigsum (17) and Ngawang Dawa (17), were arrested in Lhasa;
" Four monks from Sera monastery were arrested on 10 September: Ngawang Ngonga (16), Ngawang Thuchen (19), Ngawang Jigme (17) and Phuntsok Dhondup (17);
" Five monks believed to be from Drepung monastery were arrested and severely beaten in Lhasa on 14 September;
" Four monks from Drepung monastery were arrested on 27 September;
" One nun from the Toelung Dechen district of Lhasa, who does not belong to any monastery, was arrested and severely beaten on 30 September;
" One monk was bayonetted and reportedly later died in September;
" The following 15 monks were reportedly arrested between May and September in Lhasa and are believed to be detained in Gutsa prison: Ngawang Gomchen (19), Ngawang Lhudup (32), Ngawang Sangpo (27), Choephel (17), Ngawang Wangchuk (or Buchung Ghenpa, 16), Jampa (17), Penpa (18), Tsawa Khampa (15), Tenzin (16), Jampal Phuntsok (25), Ngawang Rabjor (21), Phuntsok Thutob (17), Ahjo (15), Buchung (15) and Jampal Nyima (26);

October 1991

" Four monks demonstrated on 1 October in the Barkhor in Lhasa and were arrested and severely beaten by the police; it is feared that they may have died as a result;

January 1992

" A small group of monks and nuns are believed to have been arrested on 1 January;
" Two monks from Serkhang monastery were reportedly arrested in Phenpo in January and are believed to be detained in Gutsa prison: Ngawang Yeshe (22) and Yeshe Jamyang (19);
" Two monks from Dhopung Choekhor monastery in Chidhe were reportedly arrested in March: Migmar (20) and Shilog (33);

February 1992

" Five nuns from Mijungri nunnery were reportedly arrested on 3 February in Lhasa: Lobsang Dolma (22), Tinley Choezom, Lobsang Choedon, Sherab Ngawang (12) and Lobsang Dolma; one monk was also arrested in the demonstration;
" Six monks were reportedly arrested on 3 February in Lhasa;

March 1992

" Five nuns are believed to have been arrested on 14 March near the Jhokhang Temple;
" Two monks from Ganden monastery, Tsering Phuntsok (26) and Jamyang, were arrested on 20 March;
" Seven monks believed to be from Ganden monastery were reportedly also arrested in Lhasa on 20 March: Sonam Bhagdro, Lobsang Tenzin, Dawa, Dawa (23), Sonam Paljor, Sonam Dawa (23) and Ghelong (30);
" One monk from Thang-gya monastery in Maldro Gungkar, Thupten Kunphel, was reportedly arrested on 20 March;
" Three nuns from Gari nunnery were reportedly arrested on 20 March in front of the Jhokhang Temple;
" One monk from Drepung monastery was reportedly arrested on 20 March;
" One nun, Penpa (25), from Gari nunnery was arrested on 21 March;
" Three to seven nuns from Chupsang or Gari nunnery were reported arrested on 1 March;
" Two identified monks from Jamchen monastery (Rong) were arrested in Rong in March: the monastery Ghekoe (disciplinarian) and Thupten Kunga (in his 70s) while 43 more who were reportedly also arrested have not been identified;
" Four Drepung, Six Sera monks and one nun were reportedly arrested between 22 and 24 March;
" Ten monks from Yakdhe (or Tharpa Choeling) monastery (Rong) were reportedly arrested in March: abbot Lobsang Iknyen (61), Ghekoe Lobsang Lungtok (65), Ngawang Serzang (50), Ngawang Phuntsok (30), Ngawang Dhargye (23), Ngawang Tenzin (21), Ngawang Tharchin (24), Lobsang Lhudup (23), Ngawang Choephel (15) and Tenpa (12);
" Eleven monks from Drayul Kyitsal monastery were reportedly arrested in March;
" Monks of the Tashi Lhunpo monastery in Shigatse reportedly staged a demonstration in March;

May 1992

" Forty monks from the Menpa College of Kirti Gonchen monastery were arrested in Ngapa Dzong district in north-eastern Tibet on 1 May, eight of whom were detained for ‘further investigation’;
" Thirteen nuns from Chupsang nunnery were arrested in Lhasa in May: Tsering Choedon, Nyidol, Gyaltsen Kelsang, Nyangdre (22), Ngawang Dhegon, Chungdhak (23), Ngawang Wangmo, Ngawang Rigdol (21), Lobsang Choekyi, Dhogdhe (20), Ngawang Nyima (22), Ngawang Choedon (22) and Gyaltsen Nyingnyi (22);
" Nine monks from Ganden monastery were reportedly arrested half-way through the circumambulation path around the Jhokhang Temple in Lhasa, in May: Tashi Dawa, Tsetan Samdup, Tsering Nyima, Tenzin, Tenzin Damdul, Bhu Kelgyal, Jampa Tenzin, Bhagdro, Ngawang Tengye;
" Six monks were believed arrested on 7 May, five monks on 8 May, three monks on 11 May;
" Eight monks from Ganden monastery were reportedly arrested in Lhasa on 11 May after having completed only one quarter of the circumambulation path around the Jhokhang Temple;
" Six nuns from Nyigon (or Nyengon) nunnery were reportedly arrested in Lhasa on 13 May: Ngawang Phurdon, Ngawang Nordon, Ngawang Tsamdon, Ngawang Gyatso, Ngawang Ngondro and Ngawang Choekyi;
" Two monks from Ganden monastery are believed to have been arrested on 13 May;
" Three monks from Drepung monastery believed to be detained in Gutsa prison were reportedly arrested in Lhasa on 13 May: Jordhen (23), Samdup (27, who is said to have been severely tortured during interrogation) and Tenzin Tinley (in his 30s);
" Six nuns from Chupsang nunnery are believed to have been arrested on 14 May;
" Three monks from Phurchok (or Phurbu Chok) monastery were reportedly arrested in Lhasa on 16 May: Lobsang Dorje (22), Lobsang Lhodup (21) and Lobsang Sherab (19);
" One monk, Lobsang Dhargye, and one nun, Sonam Dolkar, from Sangngag monastery were reportedly arrested in Lhasa on 16 May;
" Three monks from Nenying monastery were reportedly also arrested in May;

June 1992

" Two nuns and three monks believed to be from Gyama Trikhang monastery were reportedly arrested on 15 June;
" Twelve nuns from Gari nunnery were reportedly arrested in Lhasa on 22 June: Ngawang Rigdol (19/20), Ngawang (Rinchen) Zangmo (21), Ngawang Dhadon (16/17), Ngawang Nyima (22), Lobsang Dolma (19/20), Gyaltsen Kunsang (23), Ngawang Palkyi (17), Lobsang Choekyi (20), Ngawang Tengye (16/17), Gyaltsen Nyinyi (22), Ngawang Kyema (22) and Damchoe Gyaltsen (24).

In the course of 1992, arbitrary arrests of monks reportedly also took place at the Drayul Kirtsal, Rong Jamchen and Yakdhe Tharpa Choeling monasteries in the Rimpung region, at the Nenying monastery in Gyangtse, Serkhang monastery in Phenpo, Dhopung Choekhor monastery in Lhokha and Gyalche monastery in Nyemo.

A nun who was released recently from Gutsa prison reported that imprisoned monks and nuns were severely beaten and kicked even for singing and forced to undergo blood extraction, which at times caused severe nausea and weakness in view of the prison diet. She also described the practice of suspending nuns who had been stripped of their clothes, from trees for up to three hours at a time with their hands tied behind their backs, which invariably caused dislocation of the shoulders. Beating and the use of electric cattle prods were reportedly also used on the nuns during this type of torture. It has also been alleged that on 10 December 1991, Kelsang Tsultrim, a monk imprisoned in Block Five of Drapchi prison, was severely beaten and tortured by the prison authorities and put in solitary confinement when he refused to sing songs in praise of socialism during a political re-education session.

It has been alleged that on 20 May 1991, monks imprisoned at the Drapchi and Sangyip prisons in Lhasa staged a non-violent demonstration after which their sentences were increased by several years. The Special Rapporteur was informed of the following specific cases: Tenar Phuntsok (62), curator of the Potala Palace in Lhasa, sentenced to an additional nine years; Wangdu (23), curator of the Jhokhang Temple in Lhasa, to an additional five years; Lhakpa (22), curator of the Lugug monastery in Lhasa, to an additional five years; Phurbu (19), a monk from Ganden monastery in Lhasa, to an additional five years; Sodor (20), a monk from Bumthang monastery south of Lhasa, to an additional five years.

In addition, a monk who was recently released from prison reported that a number of monks had been transferred to a new prison opened in 1992 located in the Toelung Dechen district south-west of Lhasa. It currently holds approximately 200 prisoners but will reportedly hold up to 1,000 detainees and will be one of the largest in the Tibet Autonomous Region. The following monks are reportedly detained in the new prison: Ngawang Thonglam and Sonam Dorje from Ganden monastery; Jigme from the Jhokhang temple; Tinley (20); Bhuchok (24) and Phurbu (25) from the Draghla Lhubuk temple; Phurbu and Phuntsok from the Tsomonling monastery in Lhasa; Tenzin from Tashi Choeling monastery; Tsering Dorje from Gyume monastery in Lhasa and Lobsang Choejor from the Ratoe monastery.

According to the sources, Jampa (Champa) Tenzin (49), a well-known monk who worked as chapel attendant at the Jhokhang temple in Lhasa, died between 3 and 7 a.m. on 22 February 1992. Jampa Tenzin was reportedly discovered lying in his bed half-covered with a quilt, with a rope around his neck and covered with blood. The end of the rope tied around his neck was allegedly tied to a leg of the bed but the bed had not been tilted. It has also been reported that medical experts have described self-strangulation as virtually impossible to accomplish and not causing extensive bleeding. It has been alleged that the Public Security personnel who examined Jampa Tenzin’s body on the spot declared that he had committed suicide and reportedly made the head of Jhokhang temple sign a document accepting this decision, although the monks at the temple and other inhabitants of Lhasa who knew Jampa Tenzin refute this decision. No thorough formal investigation of the monk’s death was reportedly undertaken by the authorities. Jampa Tenzin was reportedly not known to have ever suffered from depression.

In paragraph 22 of his last report to the Commission on Human Rights (document E/CN.4/1992/52), the Special Rapporteur indicated that a number of Tibetan monks had been sentenced to an average of 15 years’ imprisonment for translating the Universal Declaration of Human Rights. The Special Rapporteur was recently informed that 10 monks from Drepung monastery were sentenced in this connection and that Buchung Ngawang, who is reportedly thought to have organized the campaign of dissemination of the Universal Declaration, was sentenced to 19 years of imprisonment.

Information concerning Muslims

It has been reported that in November 1991, government officials in Xinjiang province had systematically interrogated 25,000 members of the Muslim clergy, 2,500 of whom were found not to fulfil the requisite political and religious criteria to exercise their profession which were established by the Government. A number of private Koranic schools were also closed at the time.

The Special Rapporteur also received information that a number of well-known Uygur religious personalities were arrested and imprisoned between June 1990 and March 1992 in Eastern Turkestan.

Information concerning Christians

According to the information received, on 5 July 1991, the People’s Government of Daishan county, Zhejiang province, issued a ‘Public Notice Concerning the Strengthening of Control of Christian Activities in the Whole Country’. The proposed aim of the notice was reportedly, inter alia, ‘to restrict and crack down on all types of illegal religious activities, resolutely resist the infiltration of unfriendly outside religious forces, and to strengthen control of Christian activities in the whole country’. The notice also stipulates: ‘With the exception of the country "Three Self" patriotic churches that have already registered and been approved, all other Christian meeting places that have not registered must implement registration of the believers... Otherwise, these are all illegal meetings and according to the law shall be banned... Appropriate departments will use coercive measures to force compliance.’

In addition, the notice indicates that ‘No person is allowed to use religion to oppose the leadership of the party and the socialist system’ and that, ‘It is not allowed to coerce anyone, especially young people and children under the age of 18 to accept religion.’

As concerns preaching, ‘If "itinerant preachers" from outside remain in our county to meet illegally and carry out their activities, the Public Security Bureau will severely deal with them. Those who receive and give shelter to these preachers or know of their whereabouts without making a report, will also be severely dealt with... Those who organize group listening, recording of and the rebroadcasting of the radio broadcasts of unfriendly overseas religious forces ... upon detection, shall be resolutely dealt with... Those who accept the supervision of outside religious powers’ will be held legally responsible and will be subjected to investigation.

In his report to the Commission on Human Rights at its forty-seventh session (E/CN.4/1991/56), the Special Rapporteur reproduced the reply of the Chinese Government concerning 59-year-old Trappist priest Father Pei Ronggui who had been arrested in Beijing on 3 September 1989, which indicated that his case was under examination. It has been reported that on 26 January 1992, Father Pei was sentenced to five years’ imprisonment and was allegedly sent to Prison No. 4 in the city of Shijiazhuang, Hebei province. Father Li Side, whose case was also under investigation at the time, is reported to have been released on 7 June 1991 because of poor health but has remained under house arrest.

The Special Rapporteur was also informed of the following specific incidents:

A Protestant house church in Nanjing was closed by the local authorities in April 1991 and the pastor expelled under armed guard.

Father Joseph Fan Zhongliang, a 73-year-old Jesuit priest residing in Shanghai, was reportedly arrested on 10 June 1991 on the road to Wenzhou and is currently believed to be under house arrest. An Italian Catholic priest, Father Ciro Biondi, was expelled from China on 29 June 1991 on allegations of having assisted Father Fan Zhongliang to establish contacts with the Vatican.

It has been alleged that numerous church members were arrested in September 1991 in the provinces of Zhejiang, Anhui, Jiangsu and Henan, as well as in the cities of Shanghai, Canton and Shenzen.

Officials from the Public Security Bureau attacked 2,000 Christians who were attending a baptism ceremony in a house church in Wenzhou, in mid-September 1991. They are reported to have come without a warrant, to have fired in the air and beaten the pastors. It has been alleged that numerous persons were subsequently taken to a detention centre.

Six members of the Jehovah’s Witnesses faith were reportedly arrested in Shanghai in November 1991.

The provincial authorities in Canton are reported to have informed Christians and members of other religious communities that they would not be authorized to celebrate Christmas outside places of worship. In addition, the media were invited to refuse all announcements having to do with Christmas celebrations.

On 16 August 1992, Father Liao Haiqing was arrested in Fuzhou, Jiangsi province, as he was celebrating mass before 200 worshippers by officials of the Public Security Bureau who were reportedly accompanied by members of the Patriotic Catholic Association of China.

Officials of the Public Security Bureau reportedly arrested 120 persons, 3 of whom were foreigners, participating in a meeting held at a house church in Guo Fa village, Wuyan district, Henan province, on 8 September 1992.

The Special Rapporteur was also informed that three Roman Catholic bishops from Hebei province in northern China have died in police custody:

Bishop Joseph Fan Xueyan (86) of Baoding reportedly died in police custody on 13 April 1992. According to the sources, Bishop Fan was kept in a re-education camp in the Shijiazhuang area of Hebei province until November 1991. It has been alleged that his body was returned by security officers to his family in a plastic bag and bore bruises on the cheek and forehead. It has also been alleged that Bishop Fan’s legs ‘looked like they had been broken’. The cause of his death has not been revealed.

Auxiliary Bishop Paul Shi Chunjie (71) of Baoding died of a heart attack in November 1991, reportedly from being beaten while in police custody. The police are alleged to have returned Bishop Shi’s bruised body ‘clothed in a sweater and two pairs of torn pants’ to his family. The cause of his death has not been revealed. It has also been alleged that the authorities demanded that Bishop Shi be buried only two days after his death in order to prevent a large number of people from attending the funeral.

Bishop Paul Li Zhenrong (72) of Xianxian died at the end of April 1992. He was reportedly arrested by the police on 11 December 1991 shortly after having undergone a stomach cancer operation in a hospital in Tianjin from which he is alleged to have been forcibly removed. Church officials reported only recently that he had died of cancer, without disclosing his place of burial.

The Special Rapporteur was also informed that members of the New Testament Church in China have been beaten, their Bibles and other religious literature have been confiscated and that they have been arrested and imprisoned in labour camps."

Cuba

23. In a message sent to the Government of Cuba on 29 November 1991, the Special Rapporteur transmitted the following information:

24. On 28 January 1992, the Government of Cuba sent its comments regarding the above-mentioned communication transmitted to it by the Special Rapporteur:

Egypt


25. The Government of Egypt did not transmit replies concerning specific cases but on 17 February 1992 provided the following general observations concerning allegations which had been made by the Canadian Coptic Association:


Investigation

Within the context of the reply to those allegations, the following should be noted:

(a) The policy of the Egyptian Government towards the members of the Christian community, their property and their holy places

There are two aspects to the principle of equality. The first is the legal aspect, which is covered by the Egyptian Constitution, and the second is the practical aspect which has been respected by Egyptian society for thousands of years, as can be seen from its civilization in which this principle is closely linked to its culture, its traditions and its heritage. In this connection, reference can be made to the following:

The interlinkage between the principles of equality and justice is one of the main pillars on which the system of Government in Egypt is based. The allegation concerning the existence of persecution cannot be refuted solely by an affirmation concerning the existence of equality; it can be rebutted only by the real facts concerning the prevailing feeling of assimilation of the various component elements of the nation within Egyptian society.

The allegation concerning the subjection of members of the Coptic community to acts of genocide or expulsion as persona non grata by the Egyptian Government is a purely fabricated and totally unfounded accusation in the light of the following considerations:

The endorsement by the Government and people of Egypt of the nomination of Dr. Boutros-Ghali, a member of the Coptic community, to assume the post of Secretary-General of the United Nations, and the intense pride which all Egyptians felt at his success.

The existence of an equitable and independent judiciary, in which a number of posts are held by members of the Christian community and which administers justice and prevents the occurrence of any persecution, oppression or mistreatment among the members of our united people in any case brought before it.

The effective and positive participation by members of the Christian community in all spheres of life in Egyptian society, and their participation in the formulation of the public policy of the State by virtue of the senior positions that they hold in its executive, legislative and judicial branches.

The multi-party political system which is applied in Egypt, where every citizen has the unrestricted right to vote, to stand as a candidate and to belong to any political party.

(b) Incidents in the district of Embaba


On 20 September 1991, a dispute broke out in the district of Embaba between a Christian family and two Muslim fundamentalists, in which members of the Christian family fired shots and assaulted one of the fundamentalists, who suffered several gunshot wounds and was taken to hospital in a critical condition. When a rumour spread to the effect that he had died, a group of those fundamentalists assembled and attacked property belonging to that Christian family. They also damaged two churches and provoked disturbances throughout the district. The security services immediately proceeded to the scene of the incidents and brought the security situation under control. The persons responsible for the acts of aggression were arrested and referred to the Department of Public Prosecutions. Legal measures were also taken against persons suspected of involvement in the incidents.

Within the context of the endeavours to contain the situation, a religious meeting was held in the district under the chairmanship of the Minister of Awqaf (Religious Endowments) and with the participation of Muslim and Christian religious leaders, as well as local residents. The meeting emphasized the bonds of national unity, condemned the incidents, established a committee to collect donations to compensate the victims of the incidents and also established a committee to promote social harmony and prevent such incidents in the future.

(c) The reference to demands made by members of the Coptic community


With a view to facilitating the construction of places of worship, the competent State authorities allocate plots of land in the new towns where mosques and churches are built side by side as a token of the harmonious relations between the members of our united people. In this connection, the following should be noted:

The statistics published in 1991 refute the allegations made concerning prevention of the construction, repair and renovation of churches.

The time-honoured requirement for permission to construct or repair churches is attributable to the fact that Egyptians firmly believe that churches must be established and built in a befitting manner consistent with their religious status as places of worship.

There is no valid justification for the demand that a university should be established on a confessional basis, in the light of the current expansion aimed at establishing numerous regional universities with branches in the new towns with a view to promoting the principles of equality and justice and the freedom that all Egyptian students enjoy to enrol at any college or institute. In this connection, the following should be noted:

Student enrolment at institutes and colleges is computerized on the basis of the student’s grades and wishes.

Every student is free to enrol at any private primary, preparatory or secondary school and there is no discrimination in regard to the persons responsible for the management or supervision of the school.

Religious education (Islamic and Christian) is a basic subject in public educational curricula, without any discrimination between one religion and another.

All the various Egyptian information media broadcast or cover the religious celebrations and weekly services of the Christian community in the same way as Islamic religious celebrations and prayers.

(d) The security policy in regard to any incident that might give rise to intercommunal tension


Any attempt by trouble-makers or law-breakers to exploit minor incidents (quarrels or disputes) between Muslim and Christian citizens of Egypt with a view to endowing them with provocative confessional significance is dealt with in a firm and resolute manner in accordance with the law and the Constitution and measures are taken to ensure that such attempts are rendered abortive at an early stage. The security policy in this regard is based on the following main principles:

The adoption of security measures to deal with the guilty parties, regardless of their religious affiliation.

The legality of the measures taken, which must be monitored and approved by official investigators and the judiciary.

Constant coordination with popular, executive and religious leaders in order to deal with any incident of intercommunal tension.

The adoption of legal security measures to deal with any attempt to disparage or discredit divinely revealed religions (even by one of their adherents or former adherents) in order to ensure respect for the divinely revealed religions in which the Egyptian people have believed for thousands of years.

The time-honoured national unity of all the component elements of our people is one of the central pillars of Egyptian society, which has always regarded it with veneration and prevented any violation thereof.

The security services take action to deal with any person who attempts to prejudice this unity, regardless of his religion or beliefs."

26. On 25 November 1992, the Government of Egypt, while not replying to allegations concerning specific incidents of religious intolerance, provided a memorandum containing the following observations concerning an article about attacks on Copts in the governorate of Asyut:

The article focused on two main aspects: the scale of the incidents that took place in the town of Dairut in the governorate of Asyut, and the measures taken by the State to deal with those incidents. We wish to comment on those points as follows:


On 9 March 1992, a quarrel broke out at the village of Manshiyat Nasir in the district of Dairut in the governorate of Asyut between Abdullah Masoud Jirjis (a Christian) and members of his family (the Al-Arab family), on the one hand, and members of another family (the Al-Gawayila) from the same village, some of whom belonged to extremist groups. The cause of the dispute was the unwillingness of the first party to agree to sell their house to the second party after a contract had been concluded for its sale to another person (a Muslim).

When the dispute escalated, firearms were used and three persons were killed (one Christian from the Al-Arab family and two Muslims from the Al-Gawayila family, one of whom was an extremist). Six other persons from the two parties were also wounded (four Christians and two Muslims).

The Department of Public Prosecutions conducted an investigation and ordered the detention of two members of the Al-Arab family and two members of the Al-Gawayila family, who were released 45 days later pending prosecution in Dairut district criminal case No. 2425 of 1992.

On 14 April 1992, the body of the son of the Christian Abdullah Masoud Jirjis (one of the parties to the dispute and an employee of the Department of Forensic Medicine at Asyut, where he was living) was found in a street in the town of Asyut. The victim had been stabbed several times and investigations indicated that the incident had occurred within the context of the vendetta between the two families as a result of the previous events.

On 4 May 1992, the vendetta between the two parties once again exploded, as a result of which 13 Christians and one Muslim were killed and four other persons from the two parties were injured.

The investigation showed that the persons responsible for those revenge killings had committed those acts mainly in the agricultural areas outside the village boundaries in order to avoid confrontation with the security forces and eventual arrest.

Intensive security operations led to the identification and arrest of the persons suspected of committing those acts (some of whom were in their fifties), in addition to the extremist members of the Al-Gawayila family who had instigated and participated in those acts.
El Salvador

27. In a communication addressed to the Government of El Salvador on 18 September 1992 the Special Rapporteur transmitted the following information:


" Flora Carolina Fuentes
" Medardo Gomez
" Julio Cesar Grande
" Angel Ibarra
" Victoriano Jimeno
" Hugo Magaña
" Ignacio Meza
" Carlos Najera
" Roberto Palacios
" Luis Serrano."

28. In a letter dated 2 October 1992 the Permanent Mission of El Salvador acknowledged receipt of the Special Rapporteur’s communication and indicated that a reply from the Government would be forthcoming.

Ethiopia

29. In a communication addressed to the Government of Ethiopia on 19 October 1992, the Special Rapporteur transmitted the following information:


Guna District

" St. George of Andrea
" St. Gabriel of Teram
" St. Gabriel of Meso

Jeju District

" St. George of Abuli
" Egziharab of Abesa
" Medhane Alem of Abshire

Priests from the churches cited above who have managed to escape the attacks against Christians reported that they were carried out by well organized forces.

The attention of the Special Rapporteur has also been drawn to the disappearance of the following ecclesiastical dignitaries:

" Abuna Markorios, Patriarch of the Ethiopian Orthodox Church
" Abuna Markos, Deputy Patriarch of the Ethiopian Orthodox Church

Both clergymen, who resided at the Patriarchal Palace in Addis Ababa, are said to have been discharged from their religious duties by the Government on 12 July 1992. Although it has been alleged that the Patriarch subsequently went to a monastery at Lake Tana, efforts by members of the church to locate both dignitaries were reportedly unsuccessful."

Greece

30. On 4 November 1991, the Special Rapporteur transmitted the following information to the Government of Greece, under annex II (E/CN/4/1992/52, para. 46):


31. On 11 December 1991, the Government of Greece sent its comments to the Special Rapporteur regarding the above-mentioned information:

"A. Jehovah’s Witnesses Congregation in Alexandroupolis -
Case of Mr. Katharios

Following a written petition by 43 citizens residing in Alexandroupolis, the local Prosecutor instructed in October 1990 the Police Department of this city to proceed to a preliminary inquiry concerning the creation and operation, without the necessary permit, of a congregation of Jehovah’s Witnesses. Upon completion of the preliminary brief, the Prosecutor lodged a complaint against three Jehovah’s Witnesses for violation of Law 1363/38 as amended. Mr. Demetrios Katharios, a religious minister was among those sued. In addition, the Public Prosecutor instructed the Police to have the congregation premises sealed.

The Competent Court in Alexandroupolis by its verdict sub No. 2092/2.7.91 declared the three persons accused not guilty and ordered the unsealing of the congregation place. This was carried out on 2 August 1991 by the Police.

B. Case of Mrs. Lydia Paraskevopoulou

In 1987, Mrs. Paraskevopoulou had submitted to the competent authorities a request to be appointed as teacher at the level of primary public school. Her request was rejected at the time, because the legislative solution of the issue of appointment of Jehovah’s Witnesses as teachers was not yet found. In 1988, Law 1771/1988 was promulgated. From then on, persons belonging to religious confessions other than the one prevailing in Greece, were given the opportunity of an appointment to teach in primary public schools. Unfortunately this particular Law did not include a transitional clause covering the cases of candidates having had earlier submitted requests for this appointment as teachers. Mrs. Paraskevopoulou belongs to this category. She was, however, included on the priority list of this same year. Mention should be made here that inclusion of the name of a candidate in the year’s priority list does not necessarily guarantee his or hers being appointed the same year. In fact, candidates of the 1988’s list have yet to be appointed.

The Greek legislation in force does not provide for a possibility of such visits to Military Facilities. Nevertheless, and despite the fact that the Jehovah’s Witnesses belief is not recognized by Greece as a Religion, it is envisaged by dint of new internal regulations of Military Corrective Facilities, currently being elaborated, that a specific place be provided for Jehovah’s Witnesses and their Ministers for their religious duties."

32. In a communication sent on 9 October 1992, addressed to the Government of Greece, the following information was transmitted by the Special Rapporteur:


33. In December 1992, the Permanent Mission of Greece to the United Nations Office at Geneva informed the Special Rapporteur that the reply to the above-mentioned allegations was forthcoming.

India

34. On 31 August 1992, the Special Rapporteur transmitted the following information to the Government of India:


Indonesia

35. In a communication sent on 1 November 1991 addressed to the Government of Indonesia, the following information was transmitted by the Special Rapporteur (document E/CN.4/1992, para. 49):



36. On 16 December 1991, the Government of Indonesia replied to the letter which the Special Rapporteur had sent it on 1 November 1991:

Iran (Islamic Republic of)

37. In a communication sent on 18 September 1992 addressed to the Government of the Islamic Republic of Iran, the following information was transmitted by the Special Rapporteur:


38. In a subsequent communication sent on 30 September 1992 addressed to the Government of the Islamic Republic of Iran, the following information was transmitted by the Special Rapporteur:

Iraq

39. In a communication sent on 4 November 1991 addressed to the Government of Iraq, the following information was transmitted by the Special Rapporteur (E/CN.4/1992/52, para. 55) as follows:


The following specific cases and incidents have been reported:

Threats against the Grand Ayatollah’s son, Sayyid Muhammad Taghi Al-Khoei, are said to have recently appeared in the Alqadisiya newspaper, which is published by the Ministry of Defence.

A series of six articles which attacked and ridiculed the Shia faith are reported to have recently appeared in the Ath Thawra newspaper. Derogatory remarks are said to have been made concerning the appearance, religious rites and morals of the Shias and doubts were allegedly expressed concerning the validity of Shia marriages, implying that the children may be illegitimate.

The following allegations of destruction in the Shia holy cities of Iraq in March 1991 in the context of repression which followed the Shia uprising have been received:

The following Shia holy shrines and places of worship have reportedly been destroyed or badly damaged in the city of Najaf


On 23 March 1991, a bulldozer is said to have been brought in through the Toosi door in order to tear a large hole in the air conditioning duct, through which it passed into the inner courtyard. A number of children who reportedly sought refuge in the shrine were hurled into a crowd outside and most are said to have died as a result. It has further been alleged that the tomb of the Imam Ali suffered extensive damage after being hit by artillery shells and that one of the silver panels surrounding the tomb was also destroyed. The golden dome and the main building are also said to have sustained considerable damage, as is the case with the main door and minaret;
It has also been alleged that the golden dome of the Muslim bin Aqeel holy shrine in the centre of Kufa has been badly damaged by artillery fire.

The following mosques and Husseiniyas in Najaf have reportedly been destroyed


The following Shia cemeteries in Najaf have reportedly been destroyed
The following libraries in Najaf have reportedly been looted and their books stolen or burnt
The following religious schools in Najaf were reportedly destroyed or burnt
It has also been alleged that the only religious school in the holy city of Samarra has also been destroyed.

The following holy shrines and places of worship have reportedly been desecrated or destroyed in the city of Kerbala

The following mosques in Kerbala have reportedly been destroyed The following Husseiniyas in Kerbala were reportedly looted and destroyed The following religious schools in Kerbala were reportedly destroyed According to the information received, 48 members of the Shia clergy were arrested in the holy city of Samarra.

The following additional members of Shia Muslim clergy and religious scholars of Iraqi and Iranian nationality from among the family, staff and relatives of the Grand Ayatollah have reportedly disappeared after their arrest between 20 and 23 March 1991 within the framework of events which have taken place in Iraq:

The following members of the clergy and religious scholars of Lebanese, Bahraini, Afghan, Pakistani and Indian nationality who worked with the Grand Ayatollah were reportedly also arrested between 20 and 23 March 1991 within the framework of events which have taken place in Iraq:

Lebanese

Bahraini
Afghan Pakistani Indian It has also been alleged that in June 1991 approximately 70 theology students of Bahraini and Saudi Arabian nationality were arrested in Najaf and are feared to have been executed in the desert about 50 kilometres from the city and buried in a mass grave.

It has further been alleged that Sheikh Al Ahmadi, who was over 80 years of age, was hanged in Najaf and his corpse was subsequently left on the ground. It has been reported that any person who approached the body in order to bury it was shot on the spot.

According to the sources, the son, brothers and nephews of Sayed Mohammad Ridha Al Hakim have been executed. Sayed Murtadha Ali Al Hakim, a clergyman aged 45, was arrested on 25 March 1991 together with his sons Hussein, aged 22 and Ali, aged 25. In addition, Sayed Ala’Al Din Bahrul Uloom, Sayed Ali Al Ala’Din Bahrul Uloom and Sayed Mohammad Safa Musa Bahrul Uloom, aged 60, 27 and 40 respectively, are also said to have been detained.

According to the information received, Ayatollah Sadiq Qazwini, a prominent religious leader and scholar from Kerbala, aged 91, has been imprisoned since April 1980. It has been alleged that he has been subjected to torture despite his age and precarious state of health. It has also been alleged that Ayatollah Qazwini’s library of valuable religious books was burned at the time of his arrest and that his home had been looted and destroyed."

40. On 21 January 1992 the Permanent Mission of the Republic of Iraq to the United Nations at Geneva transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegation (E/CN.4/1992/52, para. 55):

41. In a communication sent on 12 November 1992 addressed to the Government of Iraq, the following information was transmitted by the Special Rapporteur as follows:

42. On 10 December 1992, the Permanent Mission of the Republic of Iraq to the United Nations at Geneva transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegation:

Malawi

43. In a communication of 18 September 1992 addressed to the Government of Malawi, the following information was transmitted by the Special Rapporteur:


Malaysia

44. In a communication of 18 September 1992 addressed to the Government of Malaysia, the following information was transmitted by the Special Rapporteur:


1. Sia Geok Hee, 37 16. See Yee Al, 23
2. Leong Soon Yong, 18 17. Tan Tian Chiew, 32
3. Gim Kah Hun, 37 18. Lim Kai Tong, 62
4. Ng Lee Fang, 23 19. Chew Kwang Sang, 25
5. Lau Lih Yan, 23 20. Chew Kwang Seok, 22
6. Chew Keng Leng, 23 21. Chew Kwang Sim, 21
7. Teng Mui Fong, 27 22. Ng Lee Ling, 22
8. Teh Lily, 33 23. Ruth Ooi Lee Eng, 22
9. Tan Sook Kuan, 15 24. Goh Lai Eng, 50
10. Tan Yew Chuan, 34 25. Wong Yau Chee, 57
11. Tan Choon Hun, 36 26. Lim Yew Lee, 57
12. Tan Guat Ling, 31 27. Lee Kaw alias Lee Toong Lam, 43
13. See Seng Teck, 54 28. Ng Nyet Chin, 34
14. Lai Ah Lik alias Lai Boey, 52 29. Leong Ha alias Leong Keong On, 47
15. Wong Chok Chang, 42 30. Ivy Ong"

Myanmar

45. In a communication of 16 October 1992 addressed to the Government of the Union of Myanmar, the following information was transmitted by the Special Rapporteur:

"Persecution of Muslims

According to the information received, since late 1989, the Rohingya citizens of Myanmar who belong to the Muslim faith and live predominantly in the northern part of Rakhine State (Arakan) located in the northwestern part of the country have been subjected to persecution based on their religious beliefs involving extrajudicial executions, torture, arbitrary detention, forced disappearances, intimidation, gang-rape, forced labour, robbery, setting of fire to homes, eviction, land confiscation and population resettlement as well as the systematic destruction of towns and mosques. Muslims are said to make up approximately 4 per cent of the country’s population and unofficial estimates place the Muslim population in Rakhine State between 1.4 and 2 million people. Approximately 300,000 Rohingyas are reported to have fled to Bangladesh by the end of April 1992, at the rate of more than 2,000 per day as a result of the repression. The persecution of Rohingyas is said to have intensified in late 1991, forcing them to flee at the rate of 5,000-7,000 per day by March 1992. Several thousand are said to have been killed by border guards while thousands more are reportedly kept in custody. Numerous Muslims born in Burma are said to have been detained for years on charges of illegal immigration. Many of those who have fled allegedly refuse to leave Bangladesh and return to their homes in Myanmar for fear of continuing persecution and some are said to have also fled Bangladesh for this reason. A similar campaign during which more than 200,000 Muslims fled from Myanmar to Bangladesh is said to have been launched by the authorities in 1978. In addition, the State Law and Order Restoration Council (SLORC) is said to have issued a statement according to which Rohingyas are not citizens of Myanmar and therefore cannot return.

The human rights violations against the Rohingyas, which rose sharply in early 1991, are reportedly primarily being committed by the armed forces and are said to have been particularly numerous in the Maungdaw and Buthidaung townships of Akyab District. In January 1991, 1,500 villagers in Buthidaung township were allegedly ordered to leave their homes. A number of villages are said to have lost up to half of their population as thousands of Muslims fled to seek refuge in neighbouring Bangladesh while others are almost completely empty. The mass exodus is said to have increased dramatically in late 1991 and early 1992.

The human rights violations which have been brought to the attention of the Special Rapporteur may be grouped into the following broad categories: ill-treatment and killing during porter duty, ill-treatment and rape, summary executions and religious persecution, eviction and population transfers.

Ill-treatment during porter duty

Since the mid-1980’s, Muslims are said to have been taken for forced porter duty by the military, particularly the light infantry divisions. A village headman would reportedly be coerced by troops into recruiting porters from his village, often in order to avoid an attack. Persons of all ages, including older men and children as well as clerics, are reported to have been taken from their villages and made to carry, without pay, heavy loads of food, bricks or ammunition for troops. Some are said to have literally been abducted from their homes, markets or local roads and many have never returned. They were also forced to work on the building of military camps, the construction and improvement of roads, digging trenches, or were made to act as servants for troops in army camps. They would also be forced frequently to build new villages for non-Muslim settlers which the armed forces had moved into the Rakhine area. Forced labourers were kept in army custody for periods varying from a few days to several months, often on rotation. Some were taken for forced porter duty several times. Since late 1991, there has reportedly been an increase in the number of Muslims taken as porters and the frequency with which they were taken. Citizens of Myanmar belonging to the Hindu faith are also reported to have been conscripted for forced portering.

Muslims on forced porter duty have been reported to be victims of ill-treatment: they were given no food or only a small amount of rice a day and were often tied up at night, which made sleep impossible. Those who became ill or weak from exhaustion or lack of food and could not perform their duties to the satisfaction of the army were verbally abused, kicked with heavy boots, beaten with bamboo sticks, iron rods and rifle butts, burned with cigarettes, slashed with bayonets or killed. If they collapsed and could no longer stand, they were left by the troops on the ground to die. Men who would flee in order to evade porter duty would have female members of their family taken in their place to the military camp and raped, often being held as hostages until the return of the men.

The following specific cases of ill-treatment of forced labourers were brought to the attention of the Special Rapporteur:

Abdul Jalil, 70, from Kiladaung village, Maungdaw township, had served the military at the Kilarbil camp for a decade and was involved in portering heavy loads and canal building. He reported that no one was allowed to stop work and sleep until midnight, when workers had to sleep on the roadside, without cover. Only two and a half hours of sleep were allowed. They would resume work in the dark and were not allowed to stop or eat until noon. This was the only meal, and it lasted one hour. Only a handful of cooked rice was provided. Sometimes no water was allowed. Between 8 and 20 days of service were required before release. Those who escaped during service suffered attacks on their families and were usually beaten to death, as were those too ill or slow to keep up. Malaria also took a heavy toll. No medical treatment was made available and injuries were common. Mr. Jalil has a wide scar the length of his right leg, where a boulder fell on him. He was never released at the time of the injury. He also has multiple scars from punctures during beatings.

Sabed Ali, 29, a farmer from Bardaija village, Maungdaw township, reported that one morning in early 1991 he came out of his house to pray at about 6 a.m. Someone aimed a flashlight in his eyes, and a soldier told him to come forward. He ignored the order and went on praying. They made a leap for him, a chase ensued and he was soon surrounded. His elbows were tied from behind, and he was loaded with 40 kilos of rice. He was then made to walk several hours to Bardaija Camp, a military outpost. He then had hot water poured over his face until he promised he would not resist forced labour again. He was released after one month, during which he was forced to carry heavy loads with almost no rest, food or water. Mr. Ali reported that the age of the other porters ranged from three men over 70, to several over 50 and a nine year-old boy.

Magbul Ahmad, 30, from Donchara village, Buthidaung township, reported that he had been working intermittently during a year and a half as a forced labourer on the construction of a major highway across Akyab District. He saw many of his fellow workers on the road crews die of mistreatment, beating, exhaustion and malnutrition. Water was not supplied to the workers. He once saw a labourer ask a soldier for a drink, then watched the soldier urinate in a cup and give it to him. Mr. Ahmad has gone as long as seven days on the work crew without being allowed to steal away for a drink from a stream or a pond. The only food the workers were allowed was a tiny portion of rice and greens per day. At night, they had to sleep under guard on the road that they were building.

Nur Alam, 30, from Bawly Bazaar, said that the army chose forced labour crews from alternative houses and that the village head was responsible for replacing the labourers. The previous crew was not released until their replacements were sent. Muslims were constantly told they were not Burmese, but from Bangladesh. In early 1992, soldiers forced over 400 Muslims to work on a pond for 20 days. They were beaten and had to work in the cold.

Faruq Ahmad, 35, provided information similar to that given by Nur Alam. Crews of eight persons sent by the village head received an eight-day term of duty; crews taken by force had an indefinite term of forced labour. Also, if the village head would fail to provide an alternate crew of eight men, he himself would be obliged pay a fine of 50 Kyat (US$8) per man he could not provide. Mr. Faruq worked as a forced labourer for as long as 25 days at a time.

Dil Mohammad, 27, from Naikaengdaung village, Buthidaung township, reported that shortly after the 1990 elections, massive construction projects were begun by the military with forced labour on Muslim land. Muslims were told by the military in charge of the projects that ‘This is not your land, it is ours.’ They were also told ‘You are Bangladeshi tourists with foreign identification and you don’t own land.’ The housing was said to be for military families at first, but soon the units were full of non-Muslim Burmese from other cities. Dil Mohammad was abducted for house and road construction many times over the past two years. Sometimes he was held for as long as three months without a break and allowed to eat only a handful of cooked rice a day. His father, while serving as a forced labourer, was beaten to death in public in order to serve as an example for other villagers.

Mohammadullah, from Taungbru, Maungdaw township, had continually been obliged as a village headman to recruit and supply forced labourers from among his fellow Muslims. In early 1991 he was confronted with soldiers who demanded that he turn over a crew of forced labourers. When Mohammadullah refused to do so or go himself, a SLORC officer named Bulachi reportedly shot at him, seriously injuring both Mohammadullah and his son-in-law.

Killing during porter duty

Some deaths on porter duty are reportedly deliberate executions while others are due to ill-treatment. In many cases, if porters collapsed from exhaustion or could no longer stand after being beaten or kicked, they were left by army troops lying on the ground to die. The following specific cases of death during porter duty were brought to the attention of the Special Rapporteur:

Nur Islam, 35, was reportedly beaten to death with the butt of a gun by the military in early 1992. One of his relatives from Maungdaw township reported that Nur Islam could not carry his load of ammunition and had fallen down. The military beat him to death and left his body by the side of the track, about 5 miles away from the village, in the mountains.

Abdul Mozid, from Nairainchaung, was beaten to death in mid-February 1991 because he was unable to carry his load of rice sacks.

Ahmed Zuri, an old man from Buthidaung township, was shot dead by a soldier because he could no longer carry his load up a steep hill and had fallen down onto a lower ridge.

Fazil Alam, 45, a farmer in Naikaengdam village, Buthidaung township, had been taken many times as a forced labourer for road construction, usually for two or three days at a time. In December 1991, he was once again taken for forced labour. One day, soldiers appeared at his house and gave his wife a bundle of bloody clothes she recognized as her husband’s. They told her that Fazil Alam had been unable to carry the load he was given and that they had beaten him to death.

Imam Hussain, the grocer of Imamuddin Para village, Rakhine State, was seized by soldiers on 30 November 1991 in his store, informed that he was a porter for the army and was made to carry a heavy box of ammunition. After a few miles, Hussein reportedly told the soldiers that he did not have the strength to carry his load any further and received a brutal beating. He was subsequently nailed to a tree with his arms outstretched and killed with the thrust of a bayonet in his chest.

Jaffra Ahmed, from Maungdaw township, died in February 1992 while digging bunkers for an army camp.

Beshir Ahmed, Raschid and Mahmood reportedly collapsed after being beaten and were left on the road.

Shwe Hla (alias Shonsul Allu), 30, from Bolikinchaung village near Maungdaw, is reported to be missing.

Abul Husso, from Buthidaung township, was reportedly taken as a forced labourer in early 1991 and has never returned since.

Hafis Ayu, who had been taken for forced porter duty in late 1991, reportedly never returned to his home.

Moli Amirakhin, a Muslim cleric from Taminchaung village, Buthidaung township, who had been taken as a forced labourer in late 1991, has never returned to his village.

Ill-treatment and rape

It has been reported that ill-treatment of Muslims by the army and the Lone Htein’ (a paramilitary security force used to control civil unrest who also act as border patrols) in Rakhine State also occurred outside the context of forced portering during 1991 and early 1992. Muslims were allegedly ill-treated if they attempted to protest when security forces attacked other Muslims, if they objected on their own behalf, if they were suspected of opposing the SLORC, and sometimes for no apparent reason. There have also been numerous reports of women being raped when their husbands were taken away for forced porter duty. Muslims were also ill-treated when they were stopped by the Lone Htein on their way to Bangladesh, or when security forces stole crops and other goods. The following specific cases of ill-treatment and rape have been brought to the attention of the Special Rapporteur:

Layla Begum, 16, was staying at the house of her brother, the headman of Imuddin Para village, Rama Musleroy, Buthidaung township. On 1 February 1992, at about 9 p.m. soldiers forced open the door of her brother’s house. When they noticed Layla, they undressed her, molested her violently and dragged her away. Eight days later, her body was found in the jungle near the house. She appeared to have bled to death from her vagina. Her brother, Abdul Halim, who had gone a few days earlier to the local army camp to ask about his sister, was found dead a few days later.

Jahura Khatu, 30, the widow of Fazil Alam, a farmer in Naikaengdam, Buthidaung township, who has been mentioned above, reported that soldiers came to her home time and again at random to rape her and to demand money and food after her husband was reported to have been beaten to death while on porter duty in December 1991. A month after her husband’s death, several soldiers came one night, raped her again and took her out of the house where three young women, all unmarried, were forced at gunpoint to walk with her to Naikaengdam Camp. The women were given no food or water and were raped by officers throughout the night and all the following day. They were told that they would be released if they promised to bring other women to the camp. The women were subsequently released and decided to escape to Bangladesh.

Oziba Khatun, 20, from Napura village, Maungdaw township, reported that she and her husband, Abdul Haq, 28, had been abducted many times for forced labour under very harsh conditions. When soldiers came to their house one more time in early 1992, her husband hid in the bushes. The soldiers took Oziba Khatun instead, and she was forced to leave her two children in the house and walk for five hours with the soldiers, until they arrived at a camp where she was raped by officers all night. Her husband came to find her at the camp the next day and she was released, but he was kept at the camp and was never seen again.

Rohima Kathun, 35, a widow from Shigdarpara village, Maungdaw township, reported that during the last months of 1991, soldiers from the Charmael Camp, Luntin battalion, went from house to house, collecting girls between the ages of 12 and 16. Survivors of these abductions had always been raped. In December 1991, she received a letter from the military post four miles away from her home asking her to send her daughter to the camp. She did not respond and four or five soldiers burst into her house soon thereafter. They grabbed her daughter and carried her out screaming, clubbing the girl’s fourteen year-old brother who tried to protect her. Rohima Kathun waited six weeks for news of her daughter and then decided to flee to Bangladesh.

Dilara Begum, 16, from Hashuradha village, Maingdaw township, reported that in mid-February 1992, she was at home with her three week-old baby. Her husband, Habibul Rahman, 30, had been serving as a forced labourer but was allowed to come home every night. When he once failed to report to the camp on time, two soliders came to her house and asked for the whereabouts of her husband. She did not answer and was immediately seized and raped by both soldiers in front of her family. Dilara Begum reported that she had been raped by soldiers on many occasions over the past two years, and that this abuse was common in her village.

Jaharu Begum, 20, from Lapia, Devina, Akyab District, reported that in November 1991, four or five soldiers came to her house at about 1 a.m., kicked down the door and abducted her husband for forced labour. Three days later, the same soldiers came back at 1 a.m. or 2 a.m. and took her to the camp, punching and hitting her with rifle butts during the one-hour walk. At the camp, several soldiers raped her continously for approximately 16 hours.

Gul Mar, 25, from Ludengpara, Buthidaung township, reported that one afternoon in October 1991, soldiers came to the house where she was living with her husband, 18 month-old daughter and infant son. She was taken, together with 120 other women from her village. Their hands were tied behind their backs and some of them were begging to bring their children along. The soldiers reluctantly untied some of the women to enable them to carry their children. During a march which lasted eight hours, the soldiers grew tired of the crying children. One by one, they took them from their mothers and threw them by the roadside. Gul Mar estimated that 20 children were lost in this way that night, including her own small daughter. When they arrived at the Taraing military camp, she was taken to a room and raped several times a day by groups of four to five soldiers, for seven days. Her family was informed by the military that they would have to pay a ransom of 500 Denga (US$75) for her release. The families of all 120 women who had been abducted were also asked for ransom in the same amount. Most of the women returned but some were never seen again. A number of bodies, such as that of Gul Mar’s friend, Rohima Kathun, 30, were subsequently found near the village that week. Gul Mar never found her daughter again.

Doya Banu, 25, from Hangdaung village, Buthidaung township, reported that about 7 p.m. on 1 February 1992, soldiers from the 82nd Company based in Thentarang Camp were going from house to house abducting both men and women to be taken to the camp. As her husband was away on forced labour, she was dragged from her house, her hands tied behind her back, and was tied to a group of about a dozen women which included four or five elderly women. Upon arrival at the camp, after having walked all night on rough terrain, they were separated ‘by beauty’ and the old women and children were made to sit outdoors under armed guard while the other women were taken into rooms by soldiers. Doya Banu was raped continuously for three or four days, without rest or sleep. She was given a cup of rice only after two days. Finally, her husband was able to pay a ransom and she was allowed to go home, but he was kept for two more weeks of forced labour.

Gulbahar, the 12 year-old sister of Mohammad Rafiq, 25, from Bawli Bazaar, Akyab District, was at home when five soldiers came at noon on 10 February 1992 to collect men for forced labour. The soldiers took turns raping the girl in front of her family and subsequently carried the child away. The family has never received news about her since.

The wife of Sayed Hossein, 25, from Bawli Bazaar, Akyab, was raped in the second week of January 1992 by soldiers who had come to take away young men for forced labour.

Aisha Khatun, 25, from Labadogh village, Buthidaung township, reported that five soldiers kicked down the door of her house one night in early December 1991, saying they were collecting labourers. When she told them that her husband was not at home, they carried her outside, tore off her clothes, blindfolded her with a rag, and while two or three soldiers held her, each of the five took turns raping her. Her husband, who had come out of the house to defend her, was hacked to death with a long-bladed work knife.

Zahida, 17, from Buthidaung township, was raped and killed by the army in late February 1992. Her body was subsequently found on the rubbish dump outside the village.

When Zohra, the widow of Imam Hussein who has been mentioned above, found her husband’s mutilated body nailed to a tree, the soldiers who had killed him started raping her. A week later, she and her 12 year-old sister were taken by soldiers to the Lawadong army camp and locked in a room with approximately 40 other women. The soldiers would come into the room, choose a woman and repeatedly rape her in front of the others. Her sister died after five days.

Summary executions

According to the information received, the killing of Muslim civilians by the Myanmar armed forces has occurred also outside the context of forced portering. It has been reported further that many refugees have been executed, even though they had been pressed to ‘return’ to Bangladesh. The attention of the Special Rapporteur has been drawn to the following specific incidents:

Mohammad Shah, 30, reports that on 3 January 1992, a group of about 200 Muslims from Azarbil, Maungdaw township, had decided to leave Myanmar for Bangladesh. A day later, a villager informed him that his uncle, who was in the group, was detained at the Napru military camp. He went to the camp but was unable to obtain any news about his uncle. He recalled distinctly, however, that he had heard the screams of women from buildings in the camp. On 5 January, Mohammad Shah discovered his uncle’s body near their village. No marks of abuse were evident. He found four female bodies the following day and recognized them as his neighbours who had joined the group that had left for the border. A number of survivors of the killing who had been detained at the camp or in Maungdaw prison confirmed that his neighbors had been killed but declined to discuss the matter further, as they were released on the promise of keeping silent.

On 9 February 1992, Myanmar security forces are reported to have killed at least 20 Muslims who were attempting to cross the Naaf River into Bangladesh a few days earlier. Thirty-five others reportedly died as a result of drowning. Eyewitnesses have allegedly indicated that scores of people attempting to flee were deliberately killed on the boats by members of the security forces and by Rakhine civilians whom the security forces did not attempt to restrain. Between 100 and 150 persons were reportedly arrested by the Lone Htein and were not heard of again. A boatman is reported to have seen soldiers shoot at three boats carrying refugees crossing the Puyuma canal which joins the Naaf River at Okpyuma village, killing approximately 40 people.

Hafez Ahmad, 32, the owner of a small shop in Tongbazar village, Buthidaung township, reported that when he left for Bangladesh along with 1,500 villagers on 20 February 1992, soldiers had encouraged them to go. They travelled 40 kilometers to the Ghacharibil Crossing on the Naaf River, where they hired about 20 boats to take them across. There were 20 to 25 soldiers at the river and they began taking money and jewellery from the refugees. The soldiers are said to have become increasingly hostile and began to take even clothes and rice. Finally, they began snatching the smallest children from their parent’s arms and swinging them ‘like sacks’ by their ankles, beating their heads time and again against the river bank. Hafez Ahmad saw approximately 10 children killed in this way. The soldiers later shot at the boats crossing the river, sinking one and injuring many refugees.

Fatema Khatun, 30, reported that on 26 February 1992, she and her family had left Goalangi village, Buthidaung township, along with a group of 600 to 700 other people. On 3 March, as they came near the Daijarkhal river, they were surrounded by 40 to 50 armed soldiers. Fatema Khatun and her son who had been wounded had fallen behind and went unnoticed. Suddenly, the soldiers began firing into the crowd. She clearly saw her father shot in the chest and her husband take at least one shot as well. In the ensuing confusion, she could not find the other members of her family and has never heard about them since.

On 4 March 1992, Burmese troops reportedly captured more than 300 Muslims trying to flee across the Naaf River into Bangladesh, took away the young women, and shot dead many of the remaining refugees.

In February 1992, a mixed team of Lone Htein and soldiers came late at night to the house of a retired teacher from Maungdaw township who had helped the local authorities collect crops and money from the villagers in order to give them to the army. When the teacher refused to collect goods from the villagers because of the late hour, they cut his throat with a knife in front of his wife and took all the valuables from their house.

Abdul Rahman, about 30, a farmer from Buthidaung township, was sitting outside his house when the MI 18 (Military Intelligence) came and shot him dead in the street, on suspicion that he belonged to an insurgent organization, which was not the case.

A former government official from Maungdaw township witnessed the killing, in late February 1992, of a farmer whom he had tried to help by trying to mediate between him and the 25 soldiers who demanded that he give them his cows, his sole means of livelihood. The official was reportedly standing next to the farmer, trying to persuade him to hand over his cows when soldiers shot the farmer dead. The soldiers then accused the official of discouraging the farmer from cooperating and slashed him across the head with a bayonet.

Abdul Halim, the headman of Imuddin Para village, Rama Musleroy, Buthidaung township, had returned from forced labour with the military to find that his sister, Layla Begum, and his brother had been abducted by soldiers on 1 February 1992. He went to the local army camp to inquire about the disappearance. Twenty-one days later, his body and that of his brother were found in the jungle near the village. Their genitals had been cut off, eyes gouged out, both hands cut off and they were cut down the torso into two pieces.

Religious persecution, eviction and population transfers

The acts of religious persecution to which Rohingyas are reportedly subjected involve the closing and destruction of mosques, harassment and killing of religious leaders and worshippers, a ban on most forms of religious activity and the inability to obtain Islamic books and materials. Numerous Muslims are said to have been subjected to random acts of harassment in public places. There have also been numerous reports of the military and Lone Htein officers confiscating or tearing the National Registration cards of Muslims. In 1991, the Marakesh mosque in Maungdaw was reportedly closed while 800 persons were inside. On 3 April 1992, the armed forces reportedly killed more than 300 and wounded more than 150 worshippers at the Maungdaw mosque, when more than 3000 persons are said to have been assembled to celebrate the end of the month of Ramadan. According to the information received, the army, which justified its intervention by stating that the worshippers had broken the seals placed on the doors of the mosque, encircled it with cannons and fired at the crowd with heavy machine guns. Soldiers are also said to have thrown grenades inside the building.

According to the sources, there appears to be a government policy of moving non-Muslim Burmese into northern Rakhine State in an effort to displace the people the government calls ‘foreigners’. Muslims are said to have been virtually prisoners of their provinces since 1964, not being allowed to travel even between villages within a single township. The population transfers are said to have intensified the persecution of Muslims. The following specific cases were brought to the attention of the Special Rapporteur:

Abdul Shokur, 50, a watchmaker, part-time farmer and village teacher of Islam from Kandaung village, Buthidaung township, stated that before May 1990, pressure on Muslims used to be sporadic. Every Muslim had an identity card which designated him or her as a ‘foreigner’ without Burmese citizenship. No Muslim could travel without a permit, especially to Rangoon. The fee for obtaining a permit was 4,000 to 5,000 Denga (US$600 to 750), or 10 times the average monthly salary in Akyab District. Muslims were frequently told they were not Burmese but from Bangladesh. The persecution of Muslims is said to have become commonplace after the May 1990 elections. Mosques were at first locked up, and then destroyed throughout the area with forced Muslim labour, and Buddhist temples were reportedly built in their place. Agricultural land was confiscated from Muslims for military use or distributed to non-Muslims in housing projects built with forced Muslim labour. About 150 Muslim homes in Kandaung village were expropriated in favour of non-Muslims and 150 new buildings were built to house the newcomers. Non-Muslim newcomers reportedly received one cow, land, as well as military and agricultural training. The military training of civilians, including the use of arms, increased the level of abuse against the Muslims, as they frequently joined soldiers in beating and looting. Random harassment of Muslims increased as well. Abdul Shokur further reported that one day soldiers discovered him teaching the Koran to children. They ridiculed him, threw the book on the ground and stomped it with their boots. It was at this point that he decided to flee to Bangladesh with his family.

Abdul Salam, 25, from Kandaung village, Buthidaung township, reported that a housing project for urban non-Muslims had been built during 1991 on Muslim land by forced labour in which he had taken part. Soldiers and non-Muslim civilians had also abducted Muslim men to train the newcomers in agricultural activities, in much the same way forced labour crews were collected for road construction. He reported that non-Muslim civilians were provided with military training and weapons, which prompted the random harassment, bullying and beating of Muslims.

Nurul Eslam, 20, a student of Islam from Kuansibaung village, Maungdaw township, reported that in March 1991, all Islamic schools in his village were closed, on orders ‘from above’, according to the soldiers. Harassment by troops included orders for all Muslims to get out of Burma and ‘go back’ to Bangladesh.

Mohammad Yonus, 50, from Miumaungkora village, Maungdaw township, reported that the mosque in his village had been destroyed by forced Muslim labour under military orders. All Muslims had been ordered to stop prayers. Mohammad Yonus was reportedly beaten on occasion for praying in a field near his home. Forced Muslim labour was used to build housing for non-Muslims in his village.

Abolhashem, 20, a student of Islam from Singdaung village, Buthidaung township, reported that one day, he and four friends were walking to the market with religious books in hand after class. A group of soldiers and non-Muslim civilians who had recently moved into a new housing project reportedly stopped the youths and began to ask questions about their books. The soldiers and the civilians then pushed the students down the road to their Islamic school. The young men were released, but four teachers were taken in their place. The local mosque had been demolished earlier with forced Muslim labour and a Buddhist temple had been built in its place. A teacher who said something in Bengali at prayer time was immediatly beaten. When another teacher started praying in Arabic, the group of soldiers and civilians immediately started beating all four fiercely. They were then ordered to pray aloud to a statue of the Buddha, which they refused, and the beating continued. Finally, the soliders took the teachers to Buthidaung camp where they were detained until the next day, when the Muslim community had collected enough money to pay a ransom. Abolhashem further reported that shortly after the incident, the school was surrounded by about 30 soldiers when 500 men and boys, aged from 10 to 40, were studying inside. They tied the hands of all those present and made them walk to Fumali camp. They were subsequently forced into portering for days in the mountains, without food, water or rest. Many reportedly died from exhaustion and ill-treatment. Only about one third of the original group survived to reach the Afored Dala camp. Eventually, they were told to walk to Bangladesh, and many died on the way.

The Special Rapporteur has also been informed that Mohamed Ilyas, 60, a Muslim member of parliament from Myothugyi village near Maungdaw, was reportedly beaten to death in military barracks on 19 June 1992 because he refused to go to Bangladesh to try to persuade Muslim refugees from Rakhine State to return home, after an agreement was signed by the SLORC and the Government of Bangladesh on 28 April 1992. Mr. Ilyas is said to have been arrested on 16 June together with four other parliamentarians. The soldiers are said to have returned his dead body to his family on 23 June. The four other deputies, including Fazal Ahmed, were reportedly seriously injured and are detained in a military prison.

Persecution of Christians

According to additional information received by the Special Rapporteur, Christians have also suffered persecution in Myanmar, especially in the area of the Irrawaddy delta. It has been alleged that villages have been bombed, churches raided and that pastors have been killed or have disappeared.

At the beginning of October 1991, a number of pastors from the Bogale, Tee Tant, Ket-Thamaing and Kayin Sabyuzu villages are said to have been imprisoned. Some of them are reported to have been executed. The following pastors are reportedly known to have been executed:

" Rev. James, Tee Tant village
" Elder Po Beh, Deacon of the church, Tee Tant village
" Rev. Daniel Tun, Hti Mulu-Kaimggyi village
" Pastor Thra Raynor, Klo Doh village
" Pastor Thra Ah Play, Klo Po village
" Pastor Thra Silas, Kathamyin village

A number of pastors were also reportedly executed in Ohn Bin Su village. In mid-October, the pastor of Singugyi village, Thra Tse Eh Gay, is reported to have been shot dead when he left the church after the service. The young son of pastor Taw Ler from Kaw Le Lu village was allegedly beaten unconscious and taken to the town of Labutta. There has been no news about him since. On 18 October 1991, numerous pastors were reportedly killed in villages near the town of Ngaputaw. The following pastors are said to have been arrested on that occasion:

" Pastor Johnny Htoo, Hti Mu Lu village
" Pastor Saw Khay, Kaw Kaw Lu village
" Pastor Lah Bah, Thet Po Lu village
" Pastor Htoo Set, Ka Ser Htoo village
" Pastor Bar Tha Aung, Kyauktan village
" Pastor Harry, Kyauktaloue village
" Pastor Harcourt, Hlaingboue village
" Pastor Tsar Eh Gay, Hsingugyi village

Numerous pastors are said to have been killed in November 1991 when the entire Kawlelu village was set on fire by the army. Also in November, troops reportedly entered Eh Eh village in Tavoy District and forcefully raided during worship a protestant church which was full at the time. They arrested the congregation and segregated the men and women. The latter were then ill-treated and raped by the soldiers. The soldiers are reported to have subsequently set fire to a number of houses in the village and killed 24 persons."


46. On 12 November 1992, the Permanent Mission of the Union of Myanmar to the United Nations Office at Geneva transmitted the following information to the Special Rapporteur with regard to the above-mentionned allegation:


47. With regard to the very specific allegations which the Special Rapporteur sent to the Government of Myanmar, he has noted that its reply was limited to specifying the principles of religious liberty which are said to be respected in this country and to describing the important role played by the Army of Myanmar in the political, social and security context. The Special Rapporteur is, nevertheless, of the opinion that the concrete cases concerning the exercise of the freedom of religion by the members of the Muslim and Christian faiths merits an investigation that would identify the persons, locations and situations concerned, which has not been carried out. The Special Rapporteur believes that the fact that the acts in question have been attributed to terrorist groups does not relieve the Government of its responsibility to conduct an inquiry.

Pakistan

48. In a communication of 30 October 1992 addressed to the Government of Pakistan, the following information was transmitted by the Special Rapporteur:

"Information concerning Christians

According to the information received, members of religious minorities in Pakistan are said to have felt increasingly vulnerable since the passing of the Enforcement of Sharia (Islamic law) Act 1991 which has entailed on 29 July 1991 an amendment to Section 295C of the Pakistan Penal Code concerning the offence of defiling the name of the Prophet Mohammad (Gustakh-e-Rasool). Section 295C was added to the Pakistan Penal Code through the Criminal Law Amendment Act 1986 in order to provide life imprisonment or the death penalty for the criminal offence of defiling the name of the Prophet. By removing the alternative punishment of life imprisonment, the amendment to Section 295C of the Pakistan Penal Code makes the death penalty the mandatory punishment for this offence. It has also been alleged that since the second half of 1991, Islamic law has been invoked with greater frequency against Pakistani citizens of Christian faith although the 1973 Constitution stipulates that it should not be applied to non-Muslim religious minorities. It has further been alleged that commenting on or writing against the Enforcement of Sharia Act 1991 and the amendment of Section 295C of the Pakistan Penal Code may, in the present circumstances, be liable to prosecution under these very laws.

According to the information received by the Special Rapporteur, a number of Christians have already been charged under Section 295C of the Pakistan Penal Code. Professional enmity or rivalry in business have been cited as a frequent cause for Christians to be charged and imprisoned under Section 295C, and it is alleged to have compounded their sense of insecurity and fear of intimidation and harassment. Cases of Christian children working as domestic servants who were forcibly converted to the Muslim faith are said to have occurred as well. A nine-year old boy employed in a workshop owned by a Muslim is also said to have been converted to Islam by force. In addition, the Special Rapporteur was informed that a decision has been reached by the authorities to have the religion of all citizens indicated on their identification cards.

The following specific incidents involving Christians have been brought to the attention of the Special Rapporteur:

Naimat Ahmer, 45, a Christian schoolteacher and well-known author, was killed on 6 January 1992 in Faisalabad, near Lahore in Punjab province, because he had been accused of defiling the name of the Prophet Mohammad on anonymous handwritten pamphlets which appeared on the village walls. According to the information received, Farooq Ahmed, 20, a student and son of the local butcher, called Mr. Ahmer outside his office at the District Education Department under the pretext that he had a message for him, hit him on the head and stabbed him 17 times before cutting his throat. When he was questioned at the office of the Superintendent of the District Jail why he had killed Mr. Ahmer, Farooq Ahmed reportedly answered that he had heard in the village that a Christian schoolteacher had insulted the Prophet, adding that Mr. Ahmer never did so in his presence.

It has been reported that when Farooq Ahmed told the policemen who arrested him why he had committed the murder, several of them kissed him. Farooq Ahmed allegedly stated that he felt no guilt for the crime he had committed as he felt it was his religious duty and because numerous members of the clergy and teachers told him that he would be released on bail. They are reported to have told his father that his son had rendered a great service to religion and to have congratulated him. It has also been alleged that the Muslim community has been exerting pressure on the authorities to have Farooq Ahmed charged with manslaughter rather than premeditated murder.

According to the sources, Mr. Naimat Ahmer was posted three years ago as headmaster of the Miani High School at chak No. 247 and is said to have become popular with his students because of his teaching methods. A number of teachers reportedly became envious of Mr. Ahmer because he was a Christian who was running the school without asking them for guidance, and tried to turn the students against him, to no avail. They succeeded, however, in having the Education Department conduct an inquiry concerning Mr. Ahmer for lack of discipline. No evidence was found. Mr. Ahmer’s adversaries nevertheless managed to have him transferred to the post of senior schoolteacher at the Zamindar High School in the village of Dasuha near Faisalabad, chak No. 242. A number of teachers once again unsuccessfully tried to turn the students against Mr. Ahmer, as they reportedly wanted Mr. Allah Ditta, the uncle of Farooq Ahmed who subsequently killed Mr. Ahmer, to be appointed in his place. On 18 December 1991, an anonymous handwritten pamphlet appeared on the walls of the school, houses and shops in the village, accusing a Christian teacher of disgracing Islam and spreading anti-Islamic propaganda. The headmaster of the school was asked to inform the police and Education Department that a Christian teacher had insulted the Prophet and a committee of teachers was appointed to conduct an inquiry. All of Mr. Ahmer’s students reportedly indicated that he had never said anything against Islam. Fearing for his safety, Mr. Ahmer is reported to have sought a transfer from Zamindar High School and was subsequently transferred to the District Education Office in Faisalabad. It was reported that a direct witness to Mr. Ahmer’s alleged blasphemy has never been found and that he was a victim of hearsay and professional enmity.

Tahir Iqbal, 32, an Associate Engineer with the Pakistan Air Force who had retired for medical reasons, died on 19 July 1992 in Kotlakhpat Central Prison in Lahore. Mr. Iqbal, who was confined to a wheelchair, had converted to Christianity in 1989 and went to live at the Nishat Christian Colony in Lahore. He was imprisoned on 7 December 1990 on charges of defiling the name of the Prophet Mohammad and desecrating the Koran. Mr. Iqbal had allegedly underlined a number of verses and wrote notes on the margin of an English version of the Koran which was found in his possession. Muslim clergy reportedly pronounced a fatwa (religious ruling) against Mr. Iqbal declaring him a murtid (an infidel whose killing would constitute a religious deed). The District and Session judge who conducted his trial reportedly refused to release him on bail on the grounds that Mr. Iqbal would be safer in prison as fanatics would put his life in danger if he were to be released. The Supreme Court of Lahore is said to have also rejected his requests to be released on bail. It has been alleged that during his incarceration, pressure was constantly exerted on Mr. Iqbal to renounce his faith. The Special Rapporteur was also informed that a list of persons who had converted to Christianity in the past, a number of whom have become bishops in the meantime, had been made public recently. It is feared that they may face hardships as a result.

Chand Barkat, a prosperous Christian shopkeeper from Karachi, was arrested on charges of blasphemy on 8 October 1991, shortly after having had a dispute with a Muslim shopkeeper. His trial has been postponed several times since the persons who had accused him of the offence did not appear at court. Eyewitnesses have reportedly stated that Mr. Barkat never said anything to warrant such charges. Mr. Barkat is said to have been flogged and his requests to be released on bail were reportedly rejected. He continues to be detained in Karachi Central Prison. It is feared that Mr. Barkat was denounced on the basis of professional rivalry.

Bashir Masih and Gul Pervaiz, two Christian youths from Faisalabad, were arrested on 10 December 1991, reportedly on charges of defiling the name of the Prophet. It has been alleged that a number of clergymen have issued a religious ruling condemning them to death. Mr. Pervaiz is said to still be detained.

Gul Masih and Bashir Masih, two young men from Sarghoda, were arrested at the beginning of January 1992, reportedly on charges of blasphemy, and are said to have been released soon thereafter. When they learned of the release, more than 200 members of the Muslim clergy allegedly organized a protest meeting. Ameer Maulana Jalal-uddin, who presided over the protest meeting, is said to have told the audience that all Christian leaders should be immediately hanged and in particular the two young men who had been accused of blasphemy. He reportedly stated that they were to be summarily killed since more than 200 members of the clergy had pronounced a fatwa (religious ruling) condemning them to death.

Bantu Masih, 65, a prosperous Christian shopkeeper from Lahore, is said to have been arrested on charges of blasphemy. He is reported to have been attacked at the police station by a Muslim youth armed with a dagger. Mr. Masih was seriously injured and spent a month recovering in a hospital. He was reportedly told that he would not be accused of blasphemy if he chose to drop the charges against his assailant. Mr. Masih is alleged to be hiding for fear that his flourishing business would continue to cause envy among Muslim shopkeepers.

Information concerning Ahmadis

It is feared that the amendment to Section 295C of the Pakistan Penal Code concerning the offence of defiling the name of the Prophet Mohammad (Gustakh-e-Rasool) may be particularly prejudicial to Pakistani citizens belonging to the Ahmadi faith who are estimated to number 3 to 4 million. Since reference by Ahmadis to the Prophet Mohammad is considered by orthodox Muslims as blasphemy, the amendment mentioned above would make the death penalty the mandatory punishment for the peaceful exercise of their religious beliefs, although it applies to anyone showing disrespect to the Prophet. Ahmadis were declared a non-Muslim minority by an amendment to the Constitution introduced in 1974. Large-scale agitation against Ahmadis has already led to bloodshed in 1953 and 1974.

In 1984, Ordinance XX introduced Sections 298B and 298C into the Pakistan Penal Code which, referring specifically to Ahmadis, prohibited them from calling themselves Muslims and using Muslim practices in worship or in the propagation of their faith. The infringement of these laws was punished with a term of imprisonment of up to three years and the payment of a fine. In 1991, Ordinance XXI which was promulgated on 7 July amended Section 295A of the Pakistan Penal Code and the Code of Criminal Procedure to increase the maximum punishment for outraging the religious feelings of any group from 2 years to 10 years of imprisonment. Although the majority of Ahmadis who were charged and convicted under the Sections 298B and C and 295A were released on bail, they have sometimes had to wait for periods extending from several months to several years before being brought to trial.

Ahmadis are reportedly accused of committing the following offences when they are prosecuted under Section 298C of the Pakistan Penal Code: offering daily prayers, the use of Kalima Tayyaba, Azan, preaching, using Muslim epithets and verses and ‘posing as Muslims’. Ahmadis are alleged to have been charged of ‘posing as Muslims’ also under Section 295C which now carries the death penalty. Some of the following acts are alleged to be considered as ‘posing’ if carried out by Ahmadis:

" Using the greeting ‘Asslam-o-Alaikum’;
" Writing ‘Assalam-o-Alaikum’ and ‘Inshallah’ on invitation cards for inaugural ceremonies or the opening of a shop;
" Writing ‘Bismillah’ on wedding invitation cards or on the face of a shop;
" Displaying a verse from the Koran on a neon sign or a calendar with Koranic verses;
" Reciting the Koran out loud;
" Offering ‘Janaza’ prayers;
" Writing ‘Kalima’ on a tombstone.

It has been reported that a number of Ahmadi mosques have been desecrated, sealed, damaged or completely destroyed or burnt without the prosecution of those who were responsible for such acts. Ahmadis are said to be denied burial in common cemeteries and their bodies have allegedly been exhumed from their graves. In addition, prominent Ahmadis have allegedly been harassed and on occasion fire was set to their homes. Ordinance XX has reportedly been invoked to have ‘Kalima’ stickers removed from vehicles and its inscription erased from walls. Ahmadis are said to have been denied the use of loudspeakers at their religious gatherings. It has also been alleged that mullah Manzoor Chinioti had urged the audience at a public gathering in Sukheki, Gujranwala, to start the Jihad (holy war) against Ahmadis since they were apostates and as such deserved the death penalty. The same clergyman is also said to have announced plans to eradicate Ahmadis from the city of Bhakkar. It has further been alleged that Mr. Maqbool Elahi Malik, the Advocate General of Punjab, had stated that an Ahmadi imparting religious education to his children would be liable to capital punishment as this would amount to religious propaganda aiming to make the children apostates.

The following specific incidents involving Ahmadis have been brought to the attention of the Special Rapporteur:

Abdul Shakoor, the owner of ‘Shakoor Opticians Rabwah’ store in Sargodha whose case was mentioned by the Special Rapporteur in his report (E/CN.4/1991/56), had been arrested on 11 March 1990 for wearing a ring with verses from the Koran. On 27 July 1991, Mr. Shakoor is said to have been sentenced by Mr. Ejaz Hussain Baloch, Magistrate 1st Class in Sargodha, to three years’ rigorous imprisonment and a fine of 5,000 rupees.

On 14 June 1991, the authorities of Khando, Larkana district, did not allow an old Ahmadi woman’s body to be buried in the cemetery of that locality. Relatives who came to attend the funeral and who were ultimately obliged to bury her in the courtyard of the Ahmadi mosque, are said to have been subjected to intimidation by opponents of their faith.

Rana Karamatullah, an elderly farmer and businessman from Abbotabad, North-West Frontier Province, was among a group of 55 Ahmadis who are alleged to have met on 12 January 1990 for a prayer meeting in a private household. Khatme Nabuwat Youth Force, a local Islamic group, is said to have informed the Deputy Commissioner of Police of the meeting and the following day cases were registered against 12 of the participants for offering prayers and citing from the Holy Koran under Section 298C of the Pakistan Penal Code. They were allegedly also accused under Section 16 of the Maintenance of Public Order Ordinance and Section 107 of the Criminal Procedure Code for disturbing law and order despite the peaceful nature of the meeting. Mr. Karamatullah, who had been subjected to repeated arrests since 1984, was among the 12 persons against whom cases had been registered. On 30 June 1991, Mr. Karamatullah reportedly died in a car accident together with nine other persons, allegedly in suspicious circumstances.

On 9 July 1991, the police, acting on a complaint filed by the local mullah (Muslim clergyman), Salman Munir, allegedly raided an Ahmadi place of worship in Sambrial, Sialkot district, and charged the following six Ahmadis, including the president of the local community, under Sections 295A and 298C of the Pakistan Penal Code for having written Kalima on the walls, thereby hurting the feelings of Muslims: Mr. Syed Hamid-ul-Hassan Shah, Mr. Mahmud Ahmad, Mr. Malik Inayat-ullah, Mr. Khwaja Muhammad Amin, Mr. Malik Nisan Ahmad and Mr. Muhammad Yousaf. The men reportedly answered that the inscription had been painted over by the police in 1986 but that heavy rains had taken off the whitewash and made it visible.

On 29 August 1991, the body of Mr. Mubasher Ahmad Qadiani was ordered exhumed and removed from the Muslim cemetery in Bahawalhagar by the District Magistrate.

On 29 October 1991, Mr. Habibullah, a social security officer from Shahdara town, Lahore, was accused of blasphemy by an opponent of the Ahmadi faith, immediately arrested and charged under Section 295C of the Pakistan Penal Code which carries the death penalty. Mr. Habibullah was reportedly denied release on bail on 25 March 1992.

On 5 December 1991 and on 30 January 1992, the president of the Ahmadi community in Dera Ghazi Khan, Mr. Khan Mohammad, and Mr. Rafiq Ahmad Naeem were arrested and charged under Sections 295A, B and C for translating the Koran into the Surayeke language. Both reportedly remain in detention.

On 9 January 1992, Mr. Chaudhry Munawar Ahmad, president of the Ahmadi community in Jaranwala, Faisalabad district, and Mr. Rafiq Ahmad, vice-president of the community, were arrested and charged with writing the Kalima Tayyaba (Islamic creed) and calling the Azan (call to prayer).

On 25 January 1992, Dr. Javaid Akhtar, a medical doctor from Mari Allah Bachaya village, Bahawalpur, was transferred to Rukanpur after two clergymen had accused him of preaching the Ahmadi faith.

Mr. Abdul Latif Momin from the town of Bhakkar and his son, Abdul Qadeer, were charged under Section 298C of the Pakistan Penal Code on 19 October 1991 for identifying themselves as Muslims on a college admission form. They were reportedly each fined with 500 rupees. This fine was allegedly increased to 600 rupees when an adversary of theirs appealed the 500 rupee fine. The verdict was only given in January 1992.

On 9 February 1992, an announcement reportedly appeared in the ‘Jang’ daily newspaper in Lahore inviting applications for admission in a four-year nursing course for girls at the General Nursing School in Sheikhupura. One of the conditions for the candidates’ applying for the course was that they should make a written statement that they do not belong to the Ahmadi faith.

The local clergymen in village chak 35 North in Sargodha district reportedly filed a complaint against Mr. Malik Khuda Yar, the president of the village Ahmadi community, Mr. Malik Muhammad Ashraf, Mr. Malik Abdul Aziz and Mr. Malik Abdul Ghafoor after reportedly having heard that they intended to build an Ahmadi place of worship. A number of non-Ahmadi villagers and the village headman stated in court that they had no objections regarding such a building. Although no action had been undertaken to start construction, the four persons mentioned above were nevertheless each sentenced on 25 February 1992 to two years’ imprisonment and a fine of 5,000 rupees.

On 9 March 1992, two brothers from Mansehra who belong to the Ahmadi faith, Mr. Taj Muhammad and Mr. Mubarak Ahmad, were reportedly charged under Sections 298C and 506/34 of the Pakistan Penal Code for stating that they were Muslims. Mr. Taj Muhammad is said to have been arrested and his release on bail denied.

On 31 March 1992, a case was reportedly registered under Section 298C of the Pakistan Penal Code in Kotri, Sind, against Mr. Nasir Ahmad Baluch, Mr. Mubashir Ahmad Gondal and Mr. Ghulam Bari Saif who were accused of propagating the Ahmadi faith.

On 3 April 1992, about a dozen persons reportedly raided the house of Mr. Nasir Ahmad Baluch in Kotri, Sind, and threatened the women and children residing there. They are reported to have encircled the house until 5 a.m. the following morning.

On 3 April 1992, a police squad led by the local magistrate reportedly raided an Ahmadi place of worship in Kotri, Sind, and arrested all the persons gathered there, including two young boys, Ferhan and Mehtab. Some of those arrested were reportedly beaten at the police station. Houses of Ahmadis were reportedly raided subsequently and charges were reportedly brought against 20 persons under Section 298C of the Pakistan Penal Code. A number of persons were allegedly also charged under Section 295C which carries the death penalty. All the imprisoned persons were subsequently also charged by the police for breach of peace under Sections 107/117 of the Pakistan Penal Code.

On 4 April 1992, Mr. Hafiz Muzaffar Ahmad was arrested in Rabwah for inviting Ahmadis to fast during the month of Ramadan. He was reportedly charged under Section 298C of the Pakistan Penal Code.

On 23 April 1992, 12 Ahmadis from Basti Rindan village, Dera Ghazi Khan district, were reportedly charged under Sections 295 and 298C of the Pakistan Penal Code and Section 16 MPO for offering prayers.

On 16 May 1992, Mr. Nasir Ahmad and 12 other Ahmadis from Nankana were reportedly charged under Sections 295A and 298C for writing the inscription ‘Bismillah-ir-Rahman-i-Raheem, Nahmaduhu wa Nusalle Ala Rasool-i-hil Karrem’ on a wedding invitation. Mr. Nasir Ahmad and Mr. Babar were reportedly arrested on this occasion.

On 19 May 1992, charges under Section 16 MPO were reportedly brought in Jhang against the publisher and printer of the Ahmadi monthly Khalid publication for the use of Islamic terms in their publication.

On 29 May 1992, similar charges under Section 298C of the Pakistan Penal Code were brought by the District Magistrate of Jhang against the editors, publishers and printers of the Ahmadi publications Ansarullah, Khalid, Misbah and Tasheez-ul-Azhan.

Mr. Muhammad Manzoor, a student of health education from Mirpur Azad Kashmir reportedly indicated that students had decided to organize a social boycott against him because he belonged to the Ahmadi faith. He is said to have been told that he was not clean and that he would not be allowed to use the cutlery at the school cafeteria but had to bring his own if he wished to eat there."

49. In an additional communication sent on 27 November 1992 to the Government of Pakistan, the following information was transmitted by the Special Rapporteur:


Romania

50. In a communication sent on 18 September 1992 addressed to the Government of Romania, the following information was transmitted by the Special Rapporteur:


Saudi Arabia

51. In a communication sent on 18 September 1992 addressed to the Government of the Kingdom of Saudi Arabia, the following was transmitted by the Special Rapporteur:


52. On 2 October 1992, the Permanent Mission of the Kingdom of Saudi Arabia to the United Nations Office at Geneva transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegation:

‘I should like to bring to your Government’s attention allegations I have received relating to your country.’

One should realize that it is the prerogative of any country to ignore derogative ‘allegations’ emanating from known or unknown sources and especially those allegations undocumented by substantive ‘information’ such as names, dates, locations, concrete evidence, legally documented face-to-face interviews and certified testimonies, all of which are lacking in your above-mentioned communication.

No State Member of the United Nations is immune from such irresponsible allegations which are better ignored and denied the dignity of an official reply.

53. Although it is not the role of the Special Rapporteur to make accusations or value judgements, as concerns the reply of the Government of Saudi Arabia according to which "100 per cent of all the citizens of Saudi Arabia are adherents of the Muslim religion", he would like to indicate that such uniformity does not exist in either political or religious matters. Mankind has a right to diversity, to the freedom of thought, conscience and belief, without limits being imposed on anyone, except in cases where restrictions to their exercise are prescribed. The Special Rapporteur does not wage any "crusades" but limits himself to fulfilling the letter and spirit of the major international texts concerning human rights which are universal and should be respected by all countries, regardless of their political regime and predominant religion.

Sri Lanka

54. In a communication sent on 18 September 1992 addressed to the Government of the Democratic Republic of Sri Lanka, the following was transmitted by the Special Rapporteur:


Sudan

55. In a communication sent on 1 November 1991 (E/CN.4/1992/52, para. 66), addressed to the Government of Sudan, the following information was transmitted by the Special Rapporteur:



56. On 24 January 1992 the Government of the Sudan transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegations:

A good number of questions were raised concerning the crime of apostasy. We suppose that apostasy as such does raise a number of issues. Let us at the start quote the relevant legal provisions. Section 126 of the Sudan Criminal Act 1991 provides: Penalties in Islamic law should not be looked at in the religion of Islam. It would not be appropriate here to engage in a debate on Comparative Religious Doctrines. But it needs to be recalled that Islam is regarded by Muslims not as a mere religion but as a complete system of life. Its rules are prescribed not only to govern the individual’s conduct but also to shape the basic laws and public order in the Muslim State. Accordingly, apostasy from Islam is classified as a crime for which ta’zir punishment may be applied (ta’zir is a ‘disciplinary, reformative and deterrent punishment’).

For Muslims, Islam provides a total system of life, starting even before birth extending throughout every moment of life. Matters such as infant-feeding, child-rearing, abortion, marriage and divorce, legacy and inheritance, bargains and contracts, war and peace, international relations, the treatment of minorities and all other aspects of life are governed in one way or another by legal rules in the sources of Islamic law. Furthermore, Muslims consider all these aspects as having the same importance as, let us say, ritual prayer and fasting. Hence, any problem which arises should be treated and solved in the way recommended by, or at least in harmony with, the related rules of Islam."

Accordingly, all aspects of Islamic law should be taken and accepted as a unit, one total and indivisible system. Hence, apostasy from Islam is classified as a crime for which ta’zir punishment may be applied. The punishment is inflicted in cases in which the apostasy is a cause of harm to the society, while in those cases in which an individual simply changes his religion the punishment is not to be applied. But it must be remembered that unthreatening apostasy is an exceptional case, and the common thing is that apostasy is accompanied by some harmful actions against the society or State. A comparison between the concept of punishing those who commit apostasy in Islamic law would be proper as well as useful. Assuredly, the protection of society is the underlying principle in the punishment for apostasy in the legal system of Islam.


57. In a communication sent on 12 November 1992 addressed to the Government of Sudan, the following information was transmitted by the Special Rapporteur:


58. On 3 December 1992, the Permanent Mission of the Republic of the Sudan to the United Nations Office at Geneva transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegation:


59. On 5 December 1992, the Permanent Mission of the Republic of the Sudan to the United Nations Office at Geneva transmitted the following comprehensive reply to the Special Rapporteur with regard to the above-mentioned allegation:

Section 5(3) of the Sudan Penal Code 1991 provides as follows "Sections 78(1), 79, 85, 126, 139(1), 146(1), 146(2), 146(3), 157, 168(1) and 171 shall not apply to the Southern States unless the legislative body concerned decides otherwise or unless the accused person requests so.

Those Sections enumerated above include the punishments as provided for in Islamic Law and for that reason they were not made to apply to the three Southern States in the Sudan where a tangible number of the citizens are Christians. So, to say the least about the allegation, it is not true. Not only that but even in North Sudan some of the Islamic Law punishments provided for in the Penal Code apply only to Muslims, Section 78(1) of the Penal Code provides as follows: ‘Any person who drinks, possesses or manufactures alcohol shall be flogged forty lashes if he is a Muslim’. See annex 1 for the texts of the sections.


Eviction in Sudan is governed by very strict Laws. The first one of those Laws is the Rent Restriction Ordinance 1953 and the latest one is the Renting of Premises Act, 1991 (64/91) which is currently in force. We attach a copy of each Law (see annex 2) to prove that there is no difference between the 1991 Law and 1953 Law which was made when Sudan was a British Colony. No specific case was mentioned so we are responding generally by providing you with the Laws which show that there is no discrimination against the Christians in cases of eviction.
The Law in Sudan is that Christians enjoy Friday, being the weekly holiday for Muslims. In addition to that they are allowed, by law, to attend Sunday church Services. Come to the government offices on a Sunday morning and you would find not one single Christian in his office. Like the others, the allegation is not true.
To respond to this unfounded allegation we refer to the promotions which took place recently on 23 November 1992 for Government first legal advisers. Fifty-three legal advisers were competing for the 20 posts available. Three Christians were among the competitors; two of them were actually promoted. A copy of the Presidential Decree 449/1992 dated 23 November 1992 is attached, see annex 3.

Not only this but also Non-Muslims are now holding very senior posts in the service of the Government as of today. To cite few examples the Advocate General of the Government of the Sudan is a Christian (H.E. Mr. Edward Ryiad). Also the Deputy Solicitor General for Legislations is Christian (H.E. Mr. Joseph Suleiman).


The Resolution of the Council of Ministers No. 1013 dated 18 October 1992 reaffirms free entry into Sudan and free movement therein see annex 4 for the text of the Resolution.
The independent expert apointed pursuant to the Confidential decision adopted without a vote at the Commission’s 32nd (closed) meeting on 18 February 1992, Mr. Gasbar Biro, has visited Sudan during the period 21-27 November 1992 and has visited the places of displaced persons in Sudan. We believe that his report would reflect that the Government of Sudan is providing all the services needed and that displacement was caused by desertification, armed attacks of rebels or town planning. It is worth mentioning that in the case of town planning, the Government has provided the displaced with more spacious places and better services. The Government is really improving their lives rather than forcing them to leave their homes as alleged.
During the same period when Mr. Gasbar Biro visited Sudan also a Special Envoy of the Secretary-General of the United Nations, Dr. Francis Deng, also visited the Sudan to investigate the allegations about the refugees in the Sudan. To say the least, he was astonished to find that their situation in the Sudan has no match to the extent that he went public on the mass media to express his views. We need not repeat here that the allegations are groundless and refer you to his report to judge for yourself.
Islam is not a prerequisite for entry into primary school as alleged. The allegation is not true but we do not really know how to convince you it is not true. The only way to refute such unfounded allegations and the allegation that non-Muslim children in the towns of Juba, Malakal, Raja, Renk and Wau were required to learn Arabic and study Islam, and other unfounded allegations, is to welcome you to the Sudan to see for yourself that there is no such prerequisite.
Many false allegations were made in this regard that no new Catholic churches have been built or repaired in Khartoum since 1969, that numerous churches have been closed, that persons holding religious services risk imprisonment, that carrying of cross or ringing church bells is prohibited, that numerous Christian clergymen have been detained, that non-Muslim prisoners have been pressured to convert to Islam, that 12 Catholic missionaries have been expelled from Juba, etc. The series of the false allegations go on and on to an unbelievable extent.

To refute such allegations the Peace and Development Foundation in Khartoum which is a government entity is organizing an international Conference in April 1993 (see annex 5). The Chairman of the Preparatory Committee for the Conference is Fr. Filo Thaus Fargj. Among the members of the Committee is the Secretary General of the Sudan Council of Churches, the Secretary General of the Catholic Archbishops Conference and Fr. Zikri Rizig Jaid. Actually everybody is welcome to attend the conference and discuss the allegations with the Christians themselves."


60. The annexes mentioned above are available and may be consulted at the Secretariat of the Centre for Human Rights. The Government of Sudan has also expressed its readiness to provide any additional documents and information that may be required.

Switzerland

61. In a communication sent on 31 October 1991 (E/CN.4/1992/52, para. 67) addressed to the Government of Switzerland, the following information was transmitted by the Special Rapporteur:



62. On 27 January 1992, the Permanent Mission of Switzerland to the United Nations Office at Geneva sent the Special Rapporteur the following reply relating to the above-mentioned allegation:

2. The legislation on which the August 1989 judgement was based was amended as a result of the popular vote of 2 June 1991 in which conscientious objection was decriminalized following the adoption of a new article 81 of the Military Penal Code which entered into force on 15 July 1991: anyone who, on the grounds of fundamental ethical values, makes a convincing case for not being able to reconcile military service and the dictates of his conscience is, of course, recognized guilty, but the court replaces the prison term by an obligation to do work in the general interest. The duration of this obligation is one and one half times longer than the total length of military service refused, but may not last more than two years. In addition, proof of the existence of a serious conflict of conscience is no longer required and the term "fundamental ethical values" also covers religious beliefs. The sentence no longer appears on the person’s police record.

3. Despite this recent change in the relevant Swiss legislation, the discussion of the possible introduction of non-military service is still going on. Following the June 1991 vote, the Government itself interpreted the amendment to the Military Penal Code as a kind of intermediate step in the solution to the problem of conscientious objection to military service.

A parliamentary initiative, which is the result of the first initiative of this kind (withdrawn in the meantime) and two initiatives in the cantons of Geneva and the Jura, was adopted by the Federal Assembly on 13 December 1991 and will shortly be submitted to the Federal Government for approval. The text proposes an amendment to article 18, paragraph 1, of the Federal Constitution: "Every Swiss shall be bound to perform military service. The law shall provide for the organization of non-military service".

It is still too early to tell what will happen to this parliamentary bill. If the Federal Government’s decision is favourable, it will be voted on by the Swiss people and cantons and then become an act which will also be submitted to an optional referendum. In the past, however, the Swiss people has voted twice against non-military service."

Syrian Arab Republic


63. In a communication sent on 8 November 1991 (E/CN.4/1992/52, para. 68), addressed to the Government of the Syrian Arab Republic, the following information was transmitted by the Special Rapporteur:



64. On 3 January 1992, the Permanent Mission of the Syrian Arab Republic to the United Nations Office at Geneva transmitted the following information to the Centre for Human Rights with regard to the above-mentioned allegation:

"Information regarding Syrian citizens of the Jewish faith


There are also a number of students following undergraduate or postgraduate studies in medicine and other subjects in various countries (United States, Canada, Britain). A small number are also engaged in other sectors such as the grocery business, upholstery, crystal, wool and shoes. Some are employed in other miscellaneous areas of work requiring only one person, such as the sale of stationery, groceries, haberdashery items, confectionery or poultry, commercial agency work, commercial accountancy, car dealership and dealing in second-hand equipment. Victor Eli Khaskah University of Damascus Physics

Joseph Nuri al-Kad’ " " Mechanical engineering

Arlette Moise Sa’adya " " Pharmacology

Laila Yusuf Futaiha " " "

Rosette Eli Maisur " " Medicine


" David Albert Hanunu, who lives in the Qisa’ district, on the first floor of the Katib Building, in a privately owned home situated on plot no. 385/5;
" Shama’a Khudr Lawz, who lives in the Qisa’ district, on the third floor of the Ghattas and Khouri Building, in a privately owned home situated on plot no. 61/6;
" Fu’ad Yusuf Sa’adya, who lives in the Bab Tuma district, (behind the Family Club) in the Muhaish Building situated on plot no. 236;
" Faraj Ahu Liyab Khalifa, who lives in the Bab Tuma district (French Hospital area), in the Badin Building, in a privately owned home situated on plot no. 335.

Ukraine

65. In a communication sent on 9 October 1992 addressed to the Government of Ukraine, the following was transmitted by the Special Rapporteur:


United States of America

66. On 8 November 1991 the Special Rapporteur sent the following information to the Government of the United States of America under annex III (E/CN.4/1992/52, para. 74):


67. On 24 March 1992, the Government of the United States of America sent its comments to the Special Rapporteur regarding the above-mentionned communication:

Viet Nam

68. In a communication sent on 10 August 1992 addressed to the Government of Viet Nam, the following was transmitted by the Special Rapporteur:

" Paul Nguyen Chau Dat
" Luke Vo Son Ha
" Boniface Hong Thien Gian (Thinh)
" Mark Tran Khac Kinh
" John B Pham Ngoc Lien (Tri)
" John E Mai Huu Nghi
" Bernard Nguyen Thien Phung
" Michael Nguyen Minh Quan
" Quoc (Ban)
" Hilary Do Tri Tam (Thuyen)
" Thadeus Dinh Tri Thuc (Hieu)
" Stephen Chan Tin
" Dominic Tran Dinh Thu
" John Doan Phu Xuan
" Pius Vu Thanh Hai (Dat)
" Nguyen Ngoc Lan (former priest).

Father Nguyen Van De and Sister Nguyen Thi Nhi were reportedly arrested in August 1990 together with nine other Catholic leaders and charged with ‘spreading propaganda aimed at falsely portraying Viet Nam’s religious policy’. They were reportedly sentenced to between 2 and 10 years in prison.

Sister Tran Thbi Tri is also allegedly detained because of her religious beliefs.

Cases involving Buddhist monks:

The following Buddhist monks have allegedly been imprisoned, inter alia, on charges of engaging in ‘activities aimed at overthrowing the people’s Government’. Most of them are believed to be detained in re-education camps in the Phu Khanh, Dong Nai and Thuan Hai provinces:

" Thich Quang Do
" Thich Nguyen Giac
" Thich Duc Nhuan
" Thich Huyen Quang
" Thich Tri Sieu
" Thich Tue Sy
" Thich Thien Tan
" Thich Phuc Vien.

Cases involving members of the Cao Dai and Hoa Hao sects:

According to the information received, 3,500 members of the Cao Dai indigenous Vietnamese religious sect were arrested in Tay Ninh province in June 1990 and charged with ‘harbouring reactionary and counter-revolutionary troops’. An additional 1,000 Cao Dai believers were reportedly arrested in the same province two months later. It has also been alleged that members of the Hoa Hao indigenous sect have also been persecuted."

The former Yugoslavia


69. The Special Rapporteur has been attentive to the very serious situation reflecting grave acts of violence perpetrated against several religious communities in the territory of the former Yugoslavia, in particular in Bosnia and Herzegovina. In this connection, the Special Rapporteur wishes to draw attention to the report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia to the General Assembly at its forty-seventh session (A/47/666, S/24809) which states in paragraph 146:


However, in paragraph 26, the Special Rapporteur states:
In paragraph 71 of his report, the Special Rapporteur states:

70. Given the complexity of the situation and the appointment of a Special Rapporteur mandated specifically to deal with the matter, no concrete allegations were communicated to Governments. The Special Rapporteur intends, however, to follow this situation closely and take up with the Governments concerned specific incidents and cases should more precise and concrete information become available. In this regard, he will cooperate closely with the Special Rapporteur on the human rights situation in the territory of the former Yugoslavia.

III. CONCLUSIONS AND RECOMMENDATIONS

71. For the seventh consecutive year, the Special Rapporteur has examined, under the mandate entrusted to him by the Commission on Human Rights, incidents and governmental measures reported to be inconsistent with the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. He has once again been particularly gratified by the confidence placed in him by the Commission which, at its forty-eighth session in 1992, extended his mandate for an additional three years, a privilege he shares with other Special Rapporteurs on the thematic mandates of the Commission on Human Rights. The Special Rapporteur is also pleased to note the sustained interest and trust of the States members of the Commission in his mandate.

72. In the course of the present reporting period, the Special Rapporteur has continued to receive allegations concerning the violation of the rights and freedoms set out in the Declaration and has continued to gather information about the factors hampering its implementation. In keeping with the constructive dialogue he has established with Governments over the years, he has continued to seek clarifications on specific incidents or cases which concern them and considers the spirit of cooperation shown by the Governments in the implementation of his mandate to be very encouraging. He was also gratified by the interest and openness shown by a number of Governments concerning issues within his frame of reference and their willingness to find solutions to them.

73. The Special Rapporteur was also very pleased and grateful to note the continued cooperation extended to him by non-governmental organizations during the period under review. The detailed information they have provided has been of considerable assistance to him in carrying out his mandate. The information gathered by the Special Rapporteur attests to the continued interest on the part of the international community in problems of religious intolerance and discrimination and the genuine efforts of many Governments to restrict them. As the Special Rapporteur pointed out in his report to the Commission on Human Rights at its forty-seventh session, "My role is not to make accusations or value judgements, but to help arrive at a better understanding of the circumstances surrounding (religious) intolerance and discrimination ... to mobilize international public opinion and to establish a dialogue with the Governments and all other parties concerned."

74. During the period covered by this report, the Special Rapporteur has continued to receive allegations of infringements in most regions of the world of the rights and freedoms contained in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Practices of religious intolerance have continued to occur in countries with varying degrees of development and different political and social systems and have not been confined to a particular faith. The majority of allegations point to the violation of the right to have the religion or belief of one’s choice, the right to change one’s religion or belief, the right to manifest and practise one’s religion in public and in private, the right to celebrate holidays and ceremonies in accordance with the precepts of one’s religion or belief and the right not to be subjected to discrimination on these grounds by any State, institution or group of persons.

75. As the Special Rapporteur has already indicated in his previous reports, the infringement of the rights mentioned above jeopardizes the enjoyment of other fundamental rights and freedoms enshrined both in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as other human rights instruments. During the period under review, violations of the Declaration’s provisions have had a negative bearing on the right to life, the right to physical integrity and to liberty and security of the person, the right to freedom of expression, the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment and the right not to be arbitrarily arrested and detained. The Special Rapporteur has noted that the rights of persons belonging to religious minorities have been particularly affected in this regard in countries with an official or clearly predominant majority religion.

76. Acts of religious intolerance and discrimination have continued to be characterized in many instances by violence or the threat of its use. In most cases, they have encompassed the prohibition and repression of external manifestations relating to a particular religion. On the other hand, there have also been instances of the admission only of external manifestations of one’s faith as is the case with Buddhists in Tibet, who are allowed to show their religious faith externally through prostration, the flying of prayer flags and spinning of prayer wheels, but whose monastic life has been curbed to a large extent. Confrontations between followers of different faiths have continued, as have physical and mental persecution. Repressive measures have continued to be applied for belonging to a specific faith such as extrajudicial killings, arbitrary imprisonment, enforced disappearance and abduction. Persons who have converted to another, especially minority, religion are still severely punished in some countries. The Special Rapporteur has found, however, that the motivations for such behaviour have on occasion been of an economic nature. In others, mandatory religious instruction has been given to persons not belonging to the faith being taught.

77. The Special Rapporteur has also noted a continuation in the application of administrative sanctions against members of certain faiths such as confiscation of property, denial of access to education and employment, exclusion from public service and the denial of salaries and pensions. Certain legal guarantees such as the right to a fair trial in conformity with international standards and the right of legal recourse have also continued to be denied in a number of countries. Members of clergy belonging to various denominations have continued to receive death threats and have been subjected to intimidation directed against them as a result of the community work performed in parallel with their religious functions.

78. This year again, the Special Rapporteur has been preoccupied by the reports of acts of religious intolerance and discrimination by groups of private individuals during which little or no intervention on the part of the security forces took place. He was also alarmed by allegations that the armed forces or members of the security apparatus actually participated in such activities in a number of cases. The Special Rapporteur has once again noted how difficult it is to curb or eradicate the propagation of extremist and fanatical opinions and overcome the distrust opposing members of certain denominations. Although the phenomena of religious discrimination and intolerance are often caused by a variety of economic, social, political or cultural factors deriving from complex historical processes, they are frequently the result of sectarian or dogmatic intransigence. In view of their adverse effect on the stability of international relations, the Special Rapporteur is of the opinion that States should be vigilant in this regard and make determined efforts to combat religious discrimination and intolerance at all levels.

79. The Special Rapporteur has noted, for example, that the reward for the killing of Mr. Salman Rushdie, the author of The Satanic Verses, in pursuance of the religious ruling (fatwa) which had been issued against him, has been increased, a concern which is also shared by the Special Representative of the Commission on Human Rights on the human rights situation in the Islamic Republic of Iran. Countries which are parties to the International Covenants on Human Rights are obliged to respect the freedom of thought, conscience, religion and belief of all persons. Since the Islamic Republic of Iran is a party to both Covenants, the Special Rapporteur would like to recall article 6 of the International Covenant on Civil and Political Rights and emphasize that a decision which has not been issued by an independent tribunal where the accused would be entitled to defend himself with the assistance of legal counsel, to call witnesses and to exercise the right of appeal cannot be accepted. Offering a reward for the killing of such a person constitutes an incitement to crime and a call to religious hatred which is liable to legal prosecution in all countries where the rule of law prevails.

80. The Special Rapporteur has also been preoccupied by the periodic eruption of religious antagonism in certain parts of the world such as that which has occurred in northern Nigeria and Egypt between the Muslim and Christian communities, causing numerous casualties including the death of a well-known writer. In his report to the Commission on Human Rights at its forty-eighth session (E/CN.4/1992/52, paras. 47 and 48), the Special Rapporteur mentioned the situation concerning the sixteenth century Babri mosque in Ayodya, India. He deplores its destruction by Hindu militants at the beginning of December 1992 which had resulted in more than 1,000 deaths at the time the present report was being finalized. This unfortunate development has also given rise to the demolishing of Hindu temples in retaliation for this act as well as to violent outbursts of religious intolerance both in India and in a number of neighbouring and other countries. The Special Rapporteur has also been preoccupied by allegations of systematic violations of a wide range of the human rights of members of the Muslim community in Myanmar.

81. The Special Rapporteur has also been preoccupied by the recent modification of the Pakistan Penal Code which under section 295 C stipulates that the application of the death penalty is now mandatory for persons who have been convicted of defiling the name of the holy Prophet. In the case of certain religious minorities, this offence may reportedly be invoked for the mere peaceful expression of their religious beliefs. An additional disquieting development in Pakistan has been the mandatory mention of religion on identity cards as of 13 October 1992 which is feared to entail an increase in discrimination against members of minority religions.

82. In addition, the Special Rapporteur has noted that property claims by a number of churches in Eastern European countries such as Romania and the Ukraine have remained unresolved even after the nominal modification of relevant laws following the change of regime in the countries concerned. He has also noted the deterioration of the situation of members of certain religious communities in a number of countries or parts of countries, even when they do not necessarily constitute a minority, as is the case with the Shia religious community in Iraq and the members of the Christian and animist religions in southern Sudan.

83. The Special Rapporteur has also given attention to the very serious situation which has developed in the territory of the former Yugoslavia. Although the conflict in the former Yugoslavia is not a religious one but opposes different national and ethnic groups, the religious and cultural monuments and sites of all three principally represented religions - Muslim, Christian Orthodox and Christian Catholic - have suffered serious damage and destruction by extremist forces. Such wanton destruction appears to be part of the policy of certain groups aimed at eradicating the religious and cultural base of ethnic communities living in a given area in order to encourage their departure and prevent their eventual return. It should be pointed out that Muslims have suffered most as a result of such practices. The leaders of all three religious communities should intensify joint efforts and be more assertive in trying to stimulate mutual tolerance.

84. Despite the persistence and emerging of the negative trends mentioned above, the Special Rapporteur was pleased to note the improvement in relations between members of different religions in a number of countries. The positive developments in the sphere of religious freedom which have taken place in recent years in the countries of Eastern Europe have continued to be affirmed. The Special Rapporteur was particularly satisfied to note the holding of an international seminar on the freedom of conscience which was organized by the Government of Albania as well as a seminar on the same subject organized by the Council of Europe at the University of Leiden. Although the most recent developments seem to show a reversal of the trend, he was also gratified to note the improvement in the situation of the Jewish community in the Syrian Arab Republic, the members of which are now allowed to travel freely.

85. The Special Rapporteur is also pleased to note the efforts aimed at establishing a dialogue and creating greater understanding between different faiths such as those between the Catholic and Jewish communities in Spain and the recent establishment of diplomatic relations between the Holy See and Israel. He is also gratified by the recent efforts made by the heads of the different denominations and faiths represented in the territory of the former Yugoslavia to help find a joint solution to the ongoing conflict. The Special Rapporteur expresses the hope that similar efforts will continue to be made throughout the world, at a time of transition for numerous societies.

86. The Special Rapporteur has taken due note of Commission resolution 1992/59 requesting all representatives of United Nations human rights bodies to continue to take urgent steps, in conformity with their mandates, to prevent acts of intimidation or reprisal against those who cooperate or seek to cooperate with United Nations human rights bodies. During the period under review, however, no specific incidents or cases falling within the purview of resolution 1992/59 were reported to the Special Rapporteur.

87. On the basis of the foregoing observations, the Special Rapporteur remains convinced that the maintenance of inter-faith dialogue is of utmost importance in overcoming sectarian and intransigent attitudes and enhancing religious tolerance the world over. The prerequisite for the establishment of a favourable climate which would be conducive to such a dialogue and understanding remains the rule of law and the functioning of democratic institutions. The respect of the rights and freedoms enshrined in the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief can only be achieved if due account is taken of the underlying complex factors which hamper the enjoyment of these rights, since sectarian and intransigent attitudes may often be linked to socio-economic and other inequalities. The further strengthening of democracy in many countries and the introduction of adjustments in the appropriate legal and constitutional framework can contribute to the creation of a new climate of religious harmony and tolerance.

88. As he has indicated in the report he presented to the Commission on Human Rights at its forty-eighth session, the Special Rapporteur was particularly pleased and encouraged by the number of Governments which, in responding to his questionnaire, expressed their readiness to receive technical and advisory assistance from the United Nations Centre for Human Rights. He invites all Governments which are faced with tensions of a religious nature to avail themselves of these services as they can only serve to strengthen the cooperation which many of them have already developed with United Nations human rights mechanisms.

89. The Special Rapporteur wishes to reiterate the recommendations he has already formulated in his previous reports, namely that States which have not already done so should ratify the relevant international human rights instruments and avail themselves of the machinery already available for monitoring their implementation. States should also continue actively to consider the usefulness of preparing a binding international instrument on the elimination of intolerance and discrimination based on religion or belief, in the light of the recommendations put forth by Mr. Theo van Boven, expert of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in his working paper (E/CN.4/Sub.2/1989/32) on the subject.

90. The Special Rapporteur is of the opinion that States ought constantly to monitor the climate which may engender violations of the rights enshrined in the Declaration as well as their own legislation with a view to detecting shortcomings and making the necessary changes by establishing the required constitutional and legal guarantees to protect these rights. Appropriate amendments should be introduced into existing constitutional and legal systems if they are inconsistent with the provisions of the Declaration.

91. States should also be more energetic in introducing effective administrative and judicial remedies available to victims of religious intolerance and discrimination that would be concerned with penalizing incidents arising from those phenomena. Conciliation arrangements and other mechanisms dealing with disputes arising from acts of religious intolerance ought to also be envisaged. In view of the fact that impunity contributes significantly to the persistence of human rights violations, national institutions to promote tolerance in matters of religion and belief should also be created.

92. The Special Rapporteur would like to reiterate the importance of disseminating the principles contained in the Declaration among lawmakers, judges, lawyers and civil servants in order to enable them actively to contribute to the elimination of the root causes of religious intolerance. He would also like once again to emphasize the importance of promoting the ideals of tolerance and understanding in matters of religion and belief through education by introducing human rights standards in school and university curricula and through the training of the teaching staff. Finally, the Special Rapporteur wishes to emphasize the important role of media briefings and information seminars aimed at encouraging understanding and tolerance in matters of religion and belief and providing the broadest possible dissemination of the principles set out in the 1981 Declaration.


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