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on racial intolerance and terror as a gross violation of human rights and fundamental freedoms."

(d) New Zealand proposed (A/C.3/L.2034) to add the following sentence at the end of article I: “The expression 'religion or belief' shall include theistic, agnostic and atheistic beliefs or convictions."

(e) Morocco proposed (A/C.3/L.2042) that the amendment submitted by New Zealand in document A/C.3/L.2034 should read as follows: "The expression 'belief' shall include agnostic and atheistic beliefs.”

(f) Morocco proposed (A/C.3/L.2040) to add after the words "any religion or" in article I the words “religious belief" and to delete the words between square brackets.

(g) Brazil proposed (A/C.3/L.2043) (i) to replace the words "to any religion or to any religious or non-religious belief" by the words "to any theistic, non-theistic or agnostic beliefs”; (ii) to replace the words "change his religion or beliefby the words "change his or her teaching”; (iii) to add the words “or her" after the words “dictates of his” and after the words "impair his"; (iv) to replace in this and all subsequent articles the words "of religion or belief" by the words "theistic, non-theistic or agnostic beliefs"; and (v) to add in this and all subsequent articles, wherever the word "his" occurs, the words "or her".!

23. Suggestions and observations relating to article I were made by Austria, the Netherlands and the Ukrainian Soviet Socialist Republic (A/9134 and A/9135, paragraphs 23 and 24); Italy, United Kingdom, United States of America (A/9134/Add.1); the Holy See (A/9134/Add.2); the German Democratic Republic, Morocco, the Netherlands, the United States of America and Egypt (A/C.3/SR.2012).

ARTICLE II

24. Article II of the text submitted by the Working Group reads as follows: "Discrimination between human beings on the ground of religion or belief is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and as an obstacle to friendly and peaceful relations among nations." 25. The following amendments to the above-mentioned text were submitted :

(a) The Netherlands proposed (A/C.3/L.2027 ) to insert after the words "the Universal Declaration of Human Rights” the following words: “and elaborated in the International Covenants on Human Rights."

(b) The Ukranian SSR proposed (A/C.3/L.2037) to replace article II by an article reading as follows: "In order that freedom of conscience may be fully guaranteed, the Church shall be separated from the State and the School from the Church. All churches and religious creeds and tendencies shall be equal before the law. A single church, religion or religious organization shall or may be accorded privileges of any kind or be subject to restrictions of any kind in its activities. No church or religion shall have a position of de jure or de facto domination."

26. Suggestions and observations relating to article II were made by Austria, Canada, the Netherlands, the Philippines, Sweden (A/9134 and A/9135, paragraph 12); Austria, the Ukrainian Soviet Socialist Republic and the United Kingdom of Great Britain and Northern Ireland (A/9135, paragraph 13); the United Kingdom, the United States of America (A/9134/Add.1); the Holy See (A/9134/Add.2), the Ukrainian Soviet Socialist Republic, the Netherlands, the United States of America, the Byelorussian Soviet Socialist Republic, the Federal Republic of Germany and the Netherlands (A/C.3/SR. 2013).

ARTICLE III

27. Article III of the text submitted by the Working Group reads as follows:

"1. No individual or group shall be subjected by any State, institution, group or individual on the ground of religion or belief to any discrimination in the recognition, exercise and enjoyment of human rights and fundamental freedoms.

*2. Everyone has the right to effective remedial relief by the competent national tribunals against any acts violating the rights set forth in this

• Brazil proposed that the last two amendments should apply also to all.

Declaration or any acts of discrimination he may suffer on the grounds of religion or belief (with respect to his fundamental rights and freedoms] [as

defined by the constitution or by law]. 28. The following amendments to the above-mentioned text were submitted :

(a) The Netherlands proposed (A/C.3/L.2027) to remove in the second paragraph the first pair of brackets and to delete the following words in the second pair of brackets : "as defined by the constitution or by law".

(b) New Zealand proposed (A/C.3/L.2034) to replace in paragraph 2 the words "by the competent national tribunals" by the words "by whatever means may be appropriate".

(c) Zambia proposed (A/C.3/L.2038) to add at the end of paragraph 1 the words "subject to the interests of society as a whole".

(d) Brazil proposed (A/C.3/L.2043) to add the following new subparagraph 3: "No individual, group or institution shall practice or disseminate its teachings considered to be detrimental to the nationalistic, cultural, civil, economic, political and social development of the State, nor to use its teachings to interfere in the electoral processes of the State, as defined by the Constitution or law of the State."

29. Suggestions and observations relating to article III were made by India and Austria (A/9134 and A/9135, paragraphs 17 and 21); the United Kingdom, the United States (A/9134/Add.1); the Holy See (A/9134/Add.2); New Zealand, Zambia, the Federal Republic of Germany, the United States of America, Sweden, the Byelorussian Soviet Socialist Republic, the German Democratic Republic, the Philippines and Denmark (A/C.3/SR.2013).

ARTICLE IV

30. Article IV of the text submitted by the Working Group reads as follows:

"[1.) All States shall take effective measures to prevent and eliminate discrimination based on religion or belief, in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life. They should enact or rescind legislation where necessary to prohibit such discrimination and take all appropriate measures to combat those prejudices which lead to religious intolerance."

“[2. Particular efforts shall be made to prevent discrimination based on religion or belief, especially in the fields of civil rights (access to] citizenship and the enjoyment of political rights, such as the right to participate in elections, to hold public office, or in other ways to take part in the govern

ment of the country as well as in the field of labour and employment.]” 31. The following amendments to the above-mentioned text were submitted :

(a) The Netherlands proposed (A/C.3/L.2027) to replace in the second sentence of paragraph 1 the word "should” by "shall" and to delete the second paragraph.

(b) Morocco proposed (A/C.3/L.2029) to replace, in paragraph 1 of article IV, the words “religious intolerance" by "intolerance in the matter of religion or belief".

(c) The Ukrainian SSR proposed (A/C.3/L.2037) (i) to include the following new paragraph 2 in article IV: “All persons shall be guaranteed equality in all spheres of economic, governmental, cultural, social and political life, irrespective of their religion or other beliefs." (ii) In the original paragraph 2, which becomes paragraph 3, to replace the words "belief, especially in the fields of civil rights" by "other beliefs in the matter of".

(d) Zambia proposed (A/C.3/L.2038) to add at the end of paragraph 2 of article IV the words "so long as the interests of society as a whole are not compromised".

32. Suggestions and observations relating to article IV were made by Austria and Canada (A/9134 and A/9135, paragraph 21) ; Italy, the United Kingdom and the United States (A/9134/Add.1); Bolivia (A/C.3/SR.2011); Sweden, New Zealand, the Byelorussian Soviet Socialist Republic, Canada, Morocco, the United States of America, Italy, Liberia and Venezuela (A/C.3/SR.2013).

ARTICLE V 33. Article V of the text submitted by the Working Group reads as follows:

"[1.] Parents or legal guardians have the right to decide upon the religion or belief in which a child should be brought up. In the case of a child who has been deprived of his parents, their expressed (or presumed] wish shall be duly taken into account, the best interests of the child being the guiding principle. [If the child has reached a sufficient degree of understanding, his wish shall be taken into account.]

“[2. The decision concerning the religion or belief in which a child should be brought up must not be injurious to its interest or health, and must not do him physical or moral harm. The child must be guarded against practices which might inculcate in him any discrimination on account of religion

or belief.] 34. The following amendments to the above-mentioned text have been submitted :

(a) The Netherlands proposed (A/C.3/L.2027) (i) to delete the second sentence of the first paragraph; (ii) to remove the square brackets from the last sentence of the first paragraph; and (iii) to delete paragraph 2.

(b) Morocco proposed (A/C.3/L.2029): (i) to replace in the first sentence of paragraph 1 (French version) the word “doit" by "devrait”; (ii) to delete in paragraph 1 everything after the words “duly taken into account”.

(c) The Ukrainian SSR proposed (A/C.3/L.2037) to insert the words "until he becomes of full age” after the words “brought up” in the first sentence of article V, paragraph 2.

(d) Zambia proposed (A/C.3/L.2038): (i) to delete in paragraph 1 of article V after the word "parent" the word "or" and to insert the following words: "traditional and other social institutions and"; (ii) to delete the second sentence of paragraph 1.

(e) Brazil proposed (A/C.3/L.2043): (i) to delete in paragraph 1 everything after the words “duly taken into account"; (ii) to delete the second sentence of paragraph 2.

35. Suggestions and observations concerning article V were made by Austria, Canada, the Netherlands, Sweden and the Ukrainian Soviet Socialist Republic (A/9134 and A/9135, paras, 26 and 27); Italy, the United Kingdom and the United States of America (A/9134/Add.1); the Holy See (A/9134/Add.2); Morocco (A/C.3/SR.2010), Zambia, the Ukrainian Soviet Socialist Republic, New Zealand, Spain, the Netherlands, Sweden, the Federal Republic of Germany, Canada, the Byelorussian Soviet Socialist Republic, the United States of America, Italy and Morocco (A/C.3/SR.2013).

ARTICLE VI

36. Article VI of the text submitted by the Working Group reads as follows:

"Every person and every group or community has the right to manifest their religion or belief in public or in private, without being subjected to any discrimination on the grounds of religion or belief; this right includes in particular:

"(a) freedom to worship, to assemble and to establish and maintain places of worship or assembly;

(6) freedom to teach, to disseminate (at home and abroad), and to learn their religion or belief, and also its sacred languages or traditions ;

"(c) freedom to practise their religion or belief by establishing and maintaining charitable and educational institutions and by expressing the implications of religion or belief in public life;

"(d) freedom to observe the rites or customs of their religion or belief." 37. The following amendments to the above-mentioned text were submitted :

(a) The Netherlands proposed (A/C.3/L.2027) to delete in subparagraph (b) the words in square brackets wat home and abroad".

(b) Morocco proposed (A/C.3/L.2029): (i) to replace subparagraph (a) of article VI by the following: "freedom to practise their religion alone or in a group and to express the implications of their religion or belief in public life"; and (ii) to replace subparagraph (c) by the following: the freedom of nationals of a country to establish and maintain places of worship or assembly and educational institutions and establishments in the basis of their religion or belief”.

(c) The German Democratic Republic and Poland proposed (A/C.3/L.2033) to and in article VI, after the words "every person and every group or community has the right” the words "in accordance with domestic law".

(a) Poland proposed (A/C.3/L.2036) to delete subparagraph (c) of article VI.

(e) The Ukrainian Soviet Socialist Republic proposed (A/C.3/L.2037) to delete article VI.

(f) Zambia proposed (A/C.3/L.2038) to insert in article VI, between the words "right" and "includes" the following words: "which is subject to the interests of society as a whole".

(g) Brazil proposed (A/C.3/L.2043): (i) in subparagraph (a) to replace the words "freedom to worship" by the words “freedom to practise their beliefs or teachings"; (ii) in subparagraph (b) to delete the words “at home and abroad" in square brackets.

(h) The Federal Republic of Germany and the Philippines (A/C.3/L.2044) proposed to add a second paragraph to article VI as follows: "Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others."

38. Suggestions and observations concerning articles VI were made by Austria, India, the Netherlands, the Philippines and Sweden (A/9134 and A/9135, para. 30); the United Kingdom, the United States of America (A/9134/Add.1); the Holy See (A/9134/Add.2); Brazil and Morocco (A/C.3/SR.2010); the Ukrainian Soviet Socialist Republic, Pakistan, Zambia, Morocco, New Zealand, Sweden, the German Democratic Republic, the Federal Republic of Germany, and the United States of America (A/C.3/SR.2013).

ADDITIONAL ARTICLES

39. The following additional articles to the text prepared by the Working Group were proposed :

(a) The Netherlands proposed (A/C.3/L.2027) to add the following articles to the text prepared by the Working Group:

“ARTICLE VII

"Religious congregations have the right to train ministers and teachers and to have contacts with communities and institutions belonging to the same religion or belief both within the country and abroad.

“ARTICLE VIII

"Neither the establishment of a religion or belief nor the recognition of a religion or belief by a State nor the separation of religion or belief from the State shall by itself be considered discrimination on the ground of religion or belief.

ARTICLE IX "Governments, organizations and private persons shall strive to promote through education, as well as by other means, understanding, tolerance and respect in matters relating to freedom of religion and belief. Freedom of religious and nonreligious belief shall not be used for purposes of kindling hatred between peoples and different religions and national groups.”

(b) The German Democratic Republic and Poland proposed (A/C.3/L.2032) to add the words "in accordance with domestic law" after the words "Religious congregations” in article VII of the amendments submitted by the Netherlands in document A/C.3/L.2027.

(c) Morocco proposed (A/C.3/L.2028) to add the following new paragraph to article IX of the amendments submitted by the Netherlands in document A/C.3/ L.2027 :

"No Government, organization or individual shall be entitled to use religion or belief as a pretext for interfering in the internal affairs of a State.”.

(d) The Philippines proposed (A/C.3/L.2039) to add a new article X to the text submitted by the Netherlands in document A/C.3/L.2027 as follows: "The rights granted to individuals and groups to the full exercise of their religions or beliefs impose upon them the correlative duty to exercise these rights with due regard for the rights of other individuals and groups and the peace and security of the State.”

(e) Morocco proposed (A/C.3/L.2046) as amendments to the amendment submitted by the Philippines in document A/C.3/L.2039; (i) to replace the word "granted" by the words “that the State shall guarantee"; (ii) to replace the words “impose upon them the correlative” by the words "shall impose upon them the”; (iii) to delete the last part of the sentence starting with the words “with due regard for ..." and replace it by the following: "in a spirit of tolerance towards the religions or beliefs of other individuals and groups”.

(f) The Union of Soviet Socialist Republics proposed (A/C.3/L.2035) to include the following provisions in the text prepared by the Working Group:

"States shall be required to respect and guarantee freedom of atheistic beliefs, including the right to express such beliefs;

"It is forbidden to make use of freedom of religious belief for purposes which threaten the security of society or to engage, under the guise of presenting religious teachings or conducting religious services, in activities which cause injury to health or other impairment of the personality or rights of citizens, which cause citizens to refuse to perform public activities or civic duties, and which cause the involvement of minors in the aforesaid activities;

"It is recognized that, if complete freedom of conscience is to be ensured, all churches and religious teachings and movements must be equal before the law, no single church, teaching or religious organization being accorded privileges of any kind and no single church or teaching having a dominant position;

"It is forbidden to make use of religious creeds or beliefs in order to prejudice the interests of strengthening universal peace and security or friendship and cooperation between peoples and States;

“All acts whose purpose or intention is to interfere with the exercise of freedom of religion or worship in conformity with the law are prohibited ;

"Freedom of religion or atheistic beliefs shall not be used for purposes of political or electoral campaigns or the kindling of hatred between peoples and different religious and national groups."

40. Suggestions and observations relating to the additional articles proposed by the Netherlands were made by Sweden and Morocco (A/C.3/SR.2014).

41. Suggestions and observations relating to the addition of other provisions to the text prepared by the Working Group were made by the Ukrainian Soviet Socialist Republic (A/9135, para. 31), the Union of Soviet Socialist Republics (A/9135, para. 32), the United States of America (A/9134/Add.1 and A/9135, para. 33), the Netherlands and the Philippines (A/9135, para. 51).

ANNEX I

PRELIMINARY DRAFT OF A UNITED NATIONS DECLARATION ON THE ELIMINATION OF

ALL FORMS OF RELIGIOUS INTOLERANCE, PREPARED BY THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

[The text of the preamble is reproduced in paragraph 12 of the present working

paper]

ARTICLE I Discrimination between human beings on the grounds of religion or belief is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and as an obstacle to friendly and peaceful relations among nations.

ARTICLE II

No States, institution, group or individual shall make any discrimination in matters of human rights and fundamental freedoms in the treatment of persons on the grounds of their religion or their belief.

ARTICLE III

1. Particular efforts shall be made to prevent discrimination based on religion, especially in the fields of civil rights, access to citizenship and the enjoyment of political rights, such as the right to participate in elections, to hold public office, or in other ways to take part in the Government of his country.

1 Official Records of the Economic and Social Council, Thirty-seventh Session, Supple. ment No. 8 (E/3873), para. 294.

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