A/HRC/49/44
have married them to Chinese men who were supposed converts, in what turned out to be a
trafficking ring, targeting those women because of their poverty and vulnerability. 155
Moreover, many male survivors of conflict-related sexual violence also face stigma. For men,
shame arises from gendered stereotypes of traditional “masculinity” that views victimhood
as inconsistent with men as “powerful protectors or perpetrators of violence.”156
62.
Current remedies for survivors of SGBV during conflict may not account for societal
pressures and stigma. While Iraq’s Law on Yazidi [Female] Survivors is a significant step
towards justice for women survivors of ISIL’s crimes, including women from Yazidi,
Turkman, Christian and Shabak minorities, the law does not address the situation of children
born of rape.157 Iraq’s National Identity Card Law stipulates that a child born to one Muslim
parent must be registered as Muslim, even if the mother was raped. This may force Yazidi
women to choose between staying with their children or community, where the latter often
does not accept children of Muslim fathers. Iraqi women from other minorities, such as
Turkmen, 158 including those not covered under the Yazidi Survivor law, also face these
challenges.
63.
Facing a domestic culture of impunity for human rights violations, religious or belief
minorities may turn towards international courts, or foreign domestic courts applying the
principle of universal jurisdiction. Claims from or relating to the Rohingya’s situation are
before the International Court of Justice, 159 International Criminal Court 160 (“ICC”), and
foreign courts in Argentina and the USA.161 The ICC Prosecutor has concluded a preliminary
examination into the situation of Nigeria, and may request Pre-Trial Chamber authorisation
to conduct an investigation. And in 2021, the U.N. Investigative Team to Promote
Accountability for Crimes Committed by Da’esh/ISIL confirmed that ISIL has committed
genocide against Yazidi as a religious group.162 Invoking universal jurisdiction on behalf of
victims has proven popular amongst Yazidis and Syrians seeking a measure of justice in
Western European States where they have sizeable refugee populations and special war
crimes units mandated to conduct such investigations.163 Seeking remedies before alternative
judicial fora where domestic justice is impossible may also be considered good practice.
VI.
Good Practice
64.
State and non-State actors have developed policies and projects widely considered as
good practices for promoting and protecting religious or belief minorities’ rights, including
conflict prevention, humanitarian aid and peacebuilding measures. Where appropriate,
practices should be adapted to the local circumstances while upholding a human rights-based
approach.
65.
Some States have taken steps to address violence, discrimination, and hatred against
religious or belief minorities and have pledged to strengthen their efforts. Such undertakings
include Italy’s initiative to address discrimination based on religious identity 164 and Mexico’s
promotion of interfaith meetings to encourage religious tolerance.165 Other States have taken
155
156
157
158
159
160
161
162
163
164
165
https://www.bbc.co.uk/news/world-asia-48260397;
https://www.christianitytoday.com/news/2019/december/pakistan-christian-girls-trafficked-brideschina.html.
https://www.chathamhouse.org/2019/01/ignoring-male-victims-sexual-violence-conflict-shortsighted-and-wrong.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=27018&LangID=E.
http://eprints.lse.ac.uk/102145/.
https://www.icj-cij.org/en/case/178/oral-proceedings.
ICC-01/19-27.
https://www.justsecurity.org/78358/qa-on-court-ordering-facebook-to-disclose-content-on-myanmargenocide/.
https://www.un.org/press/en/2021/sc14514.doc.htm.
https://syriaaccountability.org/wp-content/uploads/A-Step-towards-Justice1.pdf.
Submission-Italy.
Submission-Mexico.
17