A/67/303
conversion is questioned or even denied. 20 Extraditions of converts to their
countries of origin, even in the face of obvious risks of persecution, have at times
been justified with the cynical recommendation that they could simply “conceal”
their new faith, a recommendation that shows a flagrant disrespect for freedom of
thought, conscience, religion or belief. The Special Rapporteur reiterates that
extraditions or deportations that are likely to result in violations of freedom of
religion or belief may themselves amount to a violation of this human right. In
addition, such extraditions violate the principle of non-refoulement, as enshrined in
article 33 of the 1951 Convention relating to the Status of Refugees. 21
2.
Violations of the right not to be forced to convert
41. Violations of the right not to be forced to convert are perpetrated both by
States and non-State actors. Reportedly, some States exercise pressure on converts
in order to reconvert them to their previous religion or on members of minorities to
make them join mainstream religions or the official religion of the country. Means
used for such illegitimate purposes include the threat of criminal sanctions,
systematic discrimination, exclusion from higher education or other important
societal sectors, denial of citizenship, non-registration of marriages, involuntary
exposure of religion or belief in passports and other official documents, verbal
abuse and even the threat or application of physical violence. Sometimes pressure is
also exercised on children, a phenomenon discussed separately (see paras. 48-50
below).
42. The problem also involves non-State actors. Some country reports indicate that
non-State actors intimidate people by launching terrorist attacks in areas where
religious minorities reside with the purpose of converting them. Furthermore,
private individuals or organizations may exercise pressure with the purpose of
converting people against their will. This can include the exploitation of situations
of particular vulnerability, for instance in the context of humanitarian disasters,
when some people may be in urgent need of humanitarian support measures that
themselves are linked to a clear expectation of conversion. However, whether
specific missionary activities in such situations of increased vulnerability amount to
coercion should be established on a case-by-case basis, examining the context and
circumstances in each individual situation (see A/60/399, paras. 64-68).
43. The right not to be forced to convert also has an obvious gender dimension,
since involuntary conversions can occur in the context of marriage or marriage
negotiations. In a number of countries, obstacles to interreligious marriage still exist
despite the provision in article 16 (1) of the Universal Declaration of Human Rights
according to which the right to marry and found a family may not be limited on
grounds of religion. Such obstacles are sometimes formally enshrined in legal
statutes and enforced by State authorities, including the judiciary. While men are
sometimes expected to convert against their will in order to be able to marry a
woman of a different religious affiliation, women are particularly affected by formal
__________________
20
21
14
See A/HRC/16/53/Add.1, paras. 399-407; A/HRC/7/10/Add.3, para. 56; and A/64/159, para. 24.
Also, any conversion post departure should not give rise to the presumption that the asylum
claim is fabricated (see A/HRC/6/5, para. 31).
Moreover, article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment provides that no State shall expel, return (“refouler”) or extradite a
person to another State where there are substantial grounds for believing that he or she would be
in danger of being subjected to torture.
12-46130