A/67/303
or informal pressure to convert to the religion of their prospective husbands.
Although many such conversions may be undertaken on a voluntary basis, there are
also cases of threats or coercion. The Special Rapporteur has received disturbing
reports about the abduction and forced conversion of women, sometimes minors,
especially from religious minorities. He is concerned that such incidents seem to
occur in a climate of impunity, thus leading to the impression that law enforcement
agencies systematically fail to provide effective protection for women and girls.
There are still countries that, on the basis of custom, religious beliefs or the ethnic
origins of particular groups of people, permit forced marriages or remarriages. The
Committee on the Elimination of Discrimination against Women has recommended
that “States parties should resolutely discourage any notions of inequality of women
and men which are affirmed by laws, or by religious or private law or by custom.”
(see general recommendation No. 21, para. 44).
3.
Violations of the right to try to convert others by means of non-coercive persuasion
44. A number of States restrict religious outreach activities under the heading of
“proselytism”, a term that typically conjures up negative sentiments but rarely
receives a clear conceptual or legal definition. Prohibitions of “proselytism” or of
other vaguely defined “offences” under domestic legislation are sometimes
enshrined in the constitution or in criminal law statutes. As a result, non-coercive
attempts to persuade others may lead to criminal prosecution because of
“proselytism”, “unethical conversion”, “disruption of public order”, “blasphemy” or
related “offences”. 22 Often the mere existence of such legislation has a chilling
effect on communicative outreach activities. Some States have enacted explicit
anti-conversion laws, some of which supposedly are intended to provide protection
only from so-called “fraudulent” conversion, a term that, again, often remains illdefined and thus opens the floodgates to restrictive practices. States that claim to
protect people against exploitation in situations of particular vulnerability often fail
to provide clear empirical evidence that certain missionary activities amount to
coercion. Moreover, law enforcement agencies often confiscate and destroy such
religious materials as prayer books, information sheets, video messages or education
programmes. In some States, the mere possession of such material can trigger
criminal or administrative sanctions, including long-term imprisonment.
Non-citizens suspected of engaging in unwelcome missionary activities frequently
risk deportation or the denial of visa-extension. 23
45. In addition to criminal and administrative sanctions imposed by States or other
restrictive State measures, individuals or groups trying to persuade others are often
confronted with societal prejudices that sometimes escalate into fully fledged
paranoia and concomitant acts of mob violence. 24 This can even affect persons or
communities who merely offer peaceful invitations. Members of religious
communities that have a reputation of being generally committed to missionary
work may suffer from harassment, hostility and violence, regardless of whether or
not they are personally engaged in any such activities.
46. Unlike the rights to convert and not to be forced to convert, which are
protected unconditionally, the right to try to convert others by means of
__________________
22
23
24
12-46130
See A/51/542/Add.1, para. 134; A/60/399, paras. 60-61 and 66.
See A/63/161, paras. 25-66; A/61/340, paras. 55-61.
See A/HRC/10/8/Add.1, paras. 45-49; A/HRC/10/8/Add.3, paras. 11 and 47-52.
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