A/HRC/49/44
care, including sexual and reproductive healthcare - face further obstacles to obtaining
essential services in an already dismal situation.122
50.
The Special Rapporteur echoes the concerns of humanitarian experts and actors that
while “neutrality” is a fundamental pillar of humanitarian aid delivery, it should not mean
“religiously blind.” 123 It is essential for humanitarian actors to pay attention to both
appropriate treatment of affected communities’ religious beliefs and practices and religious
diversity in humanitarian settings.124 Since humanitarian actors may operate in conflict and
insecure contexts driven, at least partly, by marginalization and persecution of communities
based on their religious or belief identity, they should consider these identities in
programmatic and policy responses. This would help in identifying and addressing
minorities' specific challenges in equally accessing humanitarian aid.125
(iv)
Barriers to effective resettlement, reintegration, and remedy
51.
In 2021, UNHCR estimated that 1.4 million of over 30.5 million refugees and asylum
seekers need resettlement, and an estimated 15.7 million are in a “protracted refugee
situation.”126 Reportedly, some States have constructed their asylum seeker policy based on
notions about which religious or belief communities will successfully “integrate;”
characterizing some as a threat while depicting others as “good refugees,” with
discriminatory consequences. Following the European Union’s pledge to resettle and relocate
additional refugees in need of protection, 127 several Member States, including Hungary,
Slovakia, Cyprus, and Czech Republic, reportedly announced that they would favour
admitting non-Muslim refugees, particularly Christians, citing concerns about cultural
cohesion. In 2015, Australia announced that it would prioritize Christians in its Syrian
refugee resettlement program. The U.S. Government made a similar pledge in 2017, with
Christian refugees reportedly constituting most of those granted asylum in subsequent
years.128
52.
Other host States may ignore the religious or belief identity of refugees when
considering their requests for resettlement for the sake of neutrality, thereby overlooking
contextual circumstances where individuals face increased risk of violence and persecution
based on this identity.129 The Special Rapporteur warns that prioritizing religious identity as
a factor in resettlement decisions may pose challenges, especially discrimination between
minorities, blindness to those most at risk,130 and reliance on oversimplified understandings
of conflict and persecution.
53.
Rights monitors have raised concern about forced repatriations, including as part of
measures in response to COVID-19, 131 that put refugees, including religious or belief
minorities, at increased risk of discrimination, harassment, and violence and can violate the
principle of non-refoulement.132 Reportedly, some Syrian refugees forcibly returned from
Turkey, Lebanon, and Jordan have faced arbitrary arrests, mistreatment, torture, and enforced
disappearances from Syrian authorities upon their return.133 In 2019, the Danish Government
122
123
124
125
126
127
128
129
130
131
132
133
14
https://www.hrw.org/report/2021/05/06/i-would-four-kids-if-we-stay-alive/womens-access-healthcare-afghanistan.
Consultation-Humanitarian aid.
https://www.unhcr.org/admin/hcspeeches/50c84f5f9/high-commissioners-dialogue-protectionchallenges-theme-faith-protection.html.
https://opendocs.ids.ac.uk/opendocs/bitstream/handle/20.500.12413/15718/CREID_Workin
g_Paper_4.pdf?sequence=1&isAllowed=y; https://www.ids.ac.uk/publications/understandinginclusivity-of-religious-diversity-in-humanitarian-response/.
https://www.unhcr.org/60b638e37.pdf.
https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_15_5421.
https://www.pewresearch.org/fact-tank/2019/10/07/key-facts-about-refugees-to-the-u-s/.
HCR/GIP/04/06.
https://www.unhcr.org/46f7c0ee2.pdf.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25882&LangID=E.
1951 Refugee Convention, art.33.
https://www.hrw.org/report/2021/10/20/our-lives-are-death/syrian-refugee-returns-lebanon-andjordan; https://reliefweb.int/sites/reliefweb.int/files/resources/amnesty-youregoingtoyourdeath.pdf;