A/HRC/49/44 does not seek to analyze every situation of conflict or insecurity involving religious or belief minorities – but rather to map key themes in their experiences and provide illustrative examples drawn from affected communities. IV. Legal Framework 13. The right to freedom of religion or belief, enshrined in Article 18 of the International Covenant on Civil and Political Rights (“ICCPR”) and Article 18 of the Universal Declaration of Human Rights and elaborated in the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (“1981 Declaration”), protects people of all faiths and none 13 to hold and manifest a religion or belief of one’s choice, either individually or in community with others, in public or in private. Persons belonging to religious or belief minorities are entitled not only to enjoy all rights in the ICCPR and other human rights instruments as individuals, but they also enjoy particular group rights as a minority under Article 27 ICCPR and the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (“1992 Declaration”) encompassing their right to “profess and practise their own religion.” Whether during conflict or peacetime, State parties must protect religious or belief minorities’ existence, identity, and right to equality and non-discrimination; and ensure their right to participate effectively in cultural, religious, social, economic and public life, as well as in decisions affecting them. 14 Since human rights are interdependent, indivisible and inalienable, freedom of religion or belief is interwoven with core principles of equality, nondiscrimination and non-coercion and overlaps with other rights, including rights to freedom of opinion and expression, peaceful assembly and association, and education. Yet this report documents many concerning instances of discrimination and violence against religious or belief minorities contrary to these obligations. 14. The Special Rapporteur recalls that rights of religious or belief minorities are not dependent on State or theological recognition of minority or other status.15 They enjoy these group rights regardless of whether the State recognizes minorities or not. Yet in practice, there is little consistency in understanding who is a “minority” in international human rights law (“IHRL”), forming a “stumbling block” to realizing their rights. 16 For the purposes of this report, the Special Rapporteur uses the Special Rapporteur on minority issues’ working definition of “minority.” 17 15. IHRL always applies, whether in situations of armed conflict - where international humanitarian law (“IHL”) also applies - or situations falling below that threshold, including insecurity or peacetime.18 However, while States can never restrict the right to have or adopt a religion or belief, they may limit the right to manifest freedom of religion or belief in exceptionally rare cases as defined in Article 18(3) ICCPR, including where prescribed by law and necessary to protect public order and safety, provided that such limitation meets the tests of legality, legitimacy and proportionality, and is non-discriminatory in intent or effect.19 Recalling that violating rights of religious or belief minorities may constitute atrocity crimes, the Special Rapporteur notes that the fact that one group is targeted based on their religious identity could form an element of the crime,20 and that intentionally attacking religious sites 13 14 15 16 17 18 19 20 4 CCPR/C/21/Rev.1/Add.11, paras.1-2. 1992 Declaration, arts.1-4; Convention on the Rights of the Child, art.30; Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”). See also 1981 Declaration, art.2; https://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf. A/HRC/22/51, para.19; A/75/385, para.11. A/74/160, para.21. A/74/160, para.53. A/HRC/28/66 paras.47, 56-57, CCPR/C/GC/36, para.64. ICCPR, art.18(3). See also A/73/362 para.51. Rome Statute of the International Criminal Court (“Rome Statute”), arts. 6 and 7(1)(h).