THE DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND

OF DISCRIMINATION BASED ON RELIGION OR BELIEF

The consideration of the religious factor in peacekeeping operations is based on precise legal
foundations (A) in order to derive its scope (B).

A. FOUNDATIONS

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief is a textual (1) and material (2) foundation for the consideration of the
religious factor in peacekeeping operations.

1. Textual foundation

Proclaimed by the United Nations General Assembly on 25 November 1981 (resolution 36/55),
the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief was established to safeguard human rights in relation to religion and belief in
order to protect religious communities during conflicts. Thus, as a fundamental textual element,
the said declaration states in an excerpt from its preamble that: "considering that contempt and
violation of human rights and fundamental freedoms, in particular the right to freedom of
thought, conscience, religion or belief, whatever it may be, are directly or indirectly the cause of
wars and great suffering inflicted on humanity, especially in cases where they serve as a means
of foreign interference in the internal affairs of other States and amount to inciting hatred
between peoples and nations,"

This text enshrines the protection and consideration of the religious factor in times of conflict,
not only as a cultural right but also as a fundamental human right that is therefore taken into
account at the international level by its highlighting in the United Nations Charter in its article
13(1b) which provides that "the General Assembly initiates studies and makes recommendations
with a view to: developing international cooperation in the economic, social, intellectual and
educational fields, public health, and facilitating for all, without distinction of race, sex, language
or religion, the enjoyment of human rights and fundamental freedoms". This provision
sufficiently invokes the supreme character of international law in the protection of cultural rights.

That said, the foundation of the Declaration on the Elimination of All Forms of Intolerance and
Discrimination Based on Religion or Belief is not limited to textual foundations but also
materializes through material foundations.

2. Material foundations

This instrument materializes the set of rules that frame the respect of freedoms in order to be
better taken into account in peacekeeping operations, these are beforehand constituted by all the
legal sources considered as material foundation and also as a legal tool allowing to highlight the
freedom of thought, conscience and religion, under various formulations. Most of the
peacekeeping operations are set up to resolve conflicts that are often due to cultural factors in
general and religious factors in particular, but this text is involved in the resolution of these
conflicts and this in its article 3 which provides that: "Discrimination between human beings on
grounds of religion or belief constitutes an affront to human dignity and a disavowal of the
principles of the Charter of the United Nations and shall be condemned as a violation of the
human rights and fundamental freedoms proclaimed in the Universal Declaration of Human
Rights and set forth in detail in the international covenants on human rights, and as an obstacle to
friendly and peaceful relations between nations".

This article not only reflects the respect of fundamental rights but also the taking into account of
the religious factor in peacekeeping operations, hence the importance of determining its scope.
Here is a possible response:

A. The foundation of the UNESCO Universal Declaration on Cultural Diversity (2001)

1. Textual foundation:

The textual foundation of the declaration is the full implementation of the human rights and
fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other
universally recognized legal instruments, such as the two International Covenants of 1966
relating respectively to civil and political rights and to economic, social and cultural rights. The
declaration also refers to the provisions relating to cultural diversity and the exercise of cultural
rights in the international instruments enacted by UNESCO, such as the Convention on the
Protection and Promotion of the Diversity of Cultural Expressions (2005), the Convention for the
Safeguarding of the Intangible Cultural Heritage (2003), and the Convention Concerning the
Protection of the World Cultural and Natural Heritage (1972).

Material foundation: The material foundation of the declaration is the recognition that culture is a
set of distinctive spiritual, material, intellectual and emotional features of society or a social
group, and that it encompasses lifestyles, value systems, traditions, and beliefs in addition to art
and literature. The declaration also affirms that cultural diversity is a common heritage of
humanity and a source of exchange, innovation, and creativity, which is as necessary for
humankind as biodiversity is for nature.

2. The scope of the declaration

International scope: The international scope of the declaration is to provide a common vision and
guidance for the actions and policies of the international community in relation to cultural
diversity, cultural rights, and cultural cooperation. The declaration also aims to foster mutual
understanding, respect, dialogue, and solidarity among different cultures, religions, and beliefs,
as well as to prevent and combat discrimination, intolerance, and extremism based on cultural
differences. The declaration also recognizes the role and contribution of regional and sub-
regional organizations, such as the AU, in promoting cultural diversity and intercultural
dialogue.

Scope in peacekeeping operations: The scope of the declaration in peacekeeping operations is to

show how cultural diversity, cultural rights, and cultural cooperation are essential for
peacekeeping operations, which aim to prevent, contain, and resolve conflicts, protect civilians,
uphold human rights, and support political processes that respect the diversity and aspirations of
the people they serve. The declaration also shows how peacekeeping operations can promote and
protect cultural diversity, cultural rights, and cultural cooperation in the areas where they are
deployed.