A/HRC/49/44
in Armenia, Azerbaijan, and Eritrea, when they rejected military service as conscientious
objectors.
C.
Instrumentalizing conflict or insecurity to justify or ignore human
rights violations
32.
Several State authorities have invoked situations of conflict or insecurity as either
politically convenient justifications for their failure to fulfil their human rights obligations or
to instrumentalize fragility of certain communities to further their political goals. In many
cases, States use oppressive counterterrorism measures to infringe on the rights of religious
or belief minorities in the name of combating “extremism” and insecurity. The Tatmadaw in
Myanmar, Syrian authorities, and de facto authorities in Donetsk, Ukraine have reportedly
depicted or conflated entire religious minority communities 74 with terrorists to justify
violence against them and sow public distrust. Monitors note that acts perpetrated against
communities of some 10 million Uighurs in China are committed in the name of combating
violent extremism and that Chinese authorities often label peaceful manifestations of faith
(e.g., praying and religious ceremonies) as “suspicious behaviour.”75 In October 2021, Israel
banned six Palestinian human rights organizations – including groups advocating for freedom
of religion or belief – alleging terrorist affiliations.76 Sri Lanka’s sweeping counterterrorism
measures reportedly translate to over-policing and intimidation of minority religious
communities, especially Muslims, with some organizations receiving Islamic zakat donations
fearing police interrogation and arrest.77
33.
Some States have invoked the need to restore or maintain public order to rationalize
targeting minorities. According to one Nigerian interlocutor, prominent Humanist and human
rights defender Mubarak Bala was detained, in part, to avert public unrest in Nigeria,78 further
noting “our persecution is a [tool for] managing insecurity.”79 During conflict and insecurity,
States also ignore their obligations to protect the rights of displaced religious or belief
minorities in the name of political expediency. U.N. experts have called upon 57 governments
to repatriate their nationals from refugee camps in northeast Syria - home to over 64,000
people, primarily Sunni-Muslim women and children, where they frequently experience
violence and abuse. Yet many States have failed to implement this recommendation, citing
security concerns and fearing domestic political backlash due to perceptions that these
refugees are affiliated with ISIL.
34.
Some States claim that human rights measures are politically untenable in contexts of
heightened inter-religious tensions, even when such measures may further societal cohesion.
In late 2021, Pakistan rejected a bill designed to address forced conversion of Hindu and
Christian girls and women, claiming that if passed, the bill would make minorities “more
vulnerable”80 to communal violence. In Sudan, after non-State actors attacked a church in
Gezira State, State security reportedly said that rebuilding it would “damage social
harmony.”81 In India, interlocutors report that the Government has tacitly allowed incitement
to violence against Muslims, failing to condemn a December 2021 video of Hindu religious
leaders calling for a Muslim genocide until India’s Supreme Court took up judicial notice. 82
74
75
76
77
78
79
80
81
82
e.g. Rohingya, Sunni Muslims, and “non-traditional” Christian denominations like Jehovah
Witnesses.
A/HRC/46/30, paras.11-13; https://www.hrw.org/report/2019/05/01/chinas-algorithmsrepression/reverse-engineering-xinjiang-police-mass.
https://www.un.org/unispal/document/un-special-rapporteurs-condemn-israels-designation-ofpalestinian-human-rights-defenders-as-terrorist-organisations-press-release/ .
Consultation-Sri Lanka; A/HRC/43/48/Add.2, para.74.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26123&LangID=E.
Bilateral - Nigerian Atheist representative. See also
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26123&LangID=E.
https://www.dawn.com/news/1651813.
Consultation-Sudan.
Consultation-India (Jammu and Kashmir). See also
https://www.barandbench.com/news/litigation/haridwar-hate-speech-case-live-updates-fromsupreme-court.
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