A/HRC/49/44
73.
The right to freedom of religion or belief does not give anyone the power to
marginalize, suppress or carry out human rights violations against others.186 Equally, the
exercise of minority rights can never justify discrimination against persons within minority
communities or beyond.187 The notion that States, rebels, or terrorists are primarily motivated
by their religious precepts to behave violently reinforces harmful tropes about some religions
being “violent” in nature and to be countered – even with force.
74.
As the Secretary General articulates, “[j]ustice and peace are not contradictory forces”
but can “promote and sustain one another.”188 In this report, the Special Rapporteur provides
both evidence-based analysis and practical recommendations to States and other relevant
stakeholders in the hope that they can better protect and promote religious or belief
minorities’ rights during crises and lay the groundwork for inclusive conflict resolution and
peacebuilding efforts, consistent with a human rights-based approach.
75.
In 1981, the U.N. General Assembly observed that “disregard and infringement of
human rights and fundamental freedoms, in particular of the right to freedom of [religion or
belief], have brought, directly or indirectly, wars and great suffering to mankind.” 189 Amidst
situations of conflict and insecurity, religious or belief minority identity may mobilize a
group to take up arms or generate fear that it increases their vulnerability where their
community is targeted with discrimination, hostility or violence. Yet this same identity can
also be a significant source of strength and solidarity with their community and society at
large as they navigate the major upheaval to their livelihoods and displacement that often
accompanies conflict.
76.
A risk to the human rights of one community is a risk to all society. Recalling that
“societies flourish when all voices are heard, when all opinions are considered; [and] when
all citizens participate,”190 the Special Rapporteur calls upon both State and non-State actors
to uphold human rights and to respect, promote and protect diverse religious or belief
systems, including of minorities, whether during war or peacetime.
VIII.
Recommendations
77.
To address pressing concerns over alleged rights violations of persons belonging to
religious or belief minorities in conflict and insecurity, the Special Rapporteur makes the
following recommendations.
78.
States should:
(a)
Promote and protect freedom of religion or belief for minorities by repealing
anti-conversion and anti-blasphemy laws, revoking restrictions on manifestations of their
religion or beliefs, and adopting comprehensive anti-discrimination laws with input from all
disadvantaged groups.191
(b)
Fulfil obligations to prohibit incitement (online and offline) to discrimination,
hostility, or violence based on religion or belief, consistent with IHRL and standards, 192 and
condemn and prosecute violations. This includes the weaponization of crises like the
COVID-19 pandemic against religious or belief minorities.
(c)
Implement a human rights-based approach to preventing violent extremism,
including supporting, financially or with other means, religious leaders, actors, and
institutions that actively prevent and counter violent extremism and incitement to violence.
186
187
188
189
190
191
192
20
ICCPR art.5(1).
A/75/385, para.11.
S/2004/616, para.21.
1981 Declaration, preamble.
A/HRC/16/45, para.44.
OHCHR/Equal Rights Trust, Protecting Minority Rights: A Practical Guide to Developing
Comprehensive Anti-Discrimination Legislation (forthcoming 2022).
A/HRC/RES/16/18; Rabat Plan of Action; Beirut Declaration and its 18 Commitments on Faith for
Rights.