CHAPTER 7 Theo van Boven, The United Nations Commission on Human Rights and Freedom of Religion or Belief
This chapter, Theo van Boven’s essay on The United Nations Commission on Human Rights and Freedom of Religion or Belief, launches the set of six chapters in the deskbook addressing the institutional mechanisms available to foster protection of the right. The author identifies three phases in the work of the Commission with respect to freedom of religion or belief: (i) standard setting from 1946–55, (ii) the (painstaking) elaboration of these standards from 1960–81, and (iii) the implementation phase from 1986 to the present. Van Boven describes in detail the evolving and growing role of the Commission’s Special Rapporteur on Religious Intolerance, since 2001 referred to as the Special Rapporteur on Freedom of Religion or Belief. In van Boven’s view, the Special Rapporteur has been “the main actor” in the recent contribution of the Commission to this field. The means at the Rapporteur’s disposal have included the preparation of annual and interim reports to the UN regarding the state of freedom of religion or belief, the setting up of an urgent appeals procedure to respond to more serious violations, the carrying out of in-situ visits to observe the phenomenon of intolerance more closely and to pursue dialogue with relevant parties, and a visit follow-up procedure to pursue the matters arising from the in-situ visits. In the attempt to contribute to the elimination of intolerance in this field, the Rapporteur has identified particular priority issues (most notably, education for tolerance), identified categories of violations, and also undertaken the initiative of visiting major religious communities and institutions.
While van Boven is positive about the efficacy of the activities of the Special Rapporteur, he is critical of the Commission as a whole. Despite being “the central human rights policy organ of the United Nations,” the Commission fails to deliberate constructively on freedom of religion or belief. Its annual resolution on religious intolerance tends to be repetitive. Insufficient time is given to the presentation of the Special Rapporteur’s report and scant attention is paid to it in subsequent discussion under the relevant religious intolerance item on the Commission’s agenda. To van Boven it is clear that the Special Rapporteur makes a more “substantial and coherent contribution to the cause of freedom of religion” than the Commission itself. The Special Rapporteur is therefore described as being “the investigative, intellectual, and operational arm of the Commission.” Van Boven urges the Commission to make a more substantial and coherent contribution to the area of freedom of religion or belief, to more seriously consider the reports of the Special Rapporteur, and to further strengthen his mandate. Despite limitations on the Special Rapporteur’s resources, his position remains one of the most significant channels as a practical matter to bring religious freedom problems to the attention of the United Nations.
