A/HRC/49/44 during conflict may violate international criminal law21 and IHL,22 except in highly limited circumstances.23 V. Key Findings A. Instrumentalising religious or belief identities 16. Many conflict analysts, human rights defenders, and faith communities contend that actors often instrumentalize religious identities to further their agendas during situations of conflict and insecurity, even when religion is not a factor. While ethno-religious tensions are not a primary feature of conflict in Nigeria, for example, different groups exploit these tensions for “political purposes” or to "mobilize people to their cause."24 Some interlocutors warn against overemphasizing the role of religion during crises, since it may prove strategically divisive and diversionary. 25 Some human right experts from Israel and the Occupied Palestinian Territory (“OPT”) have asserted that a focus on religious minorities may seek to strategically divide the Palestinian people along faith lines, while diverting attention from issues driving conflict. In Afghanistan, conflict-affected communities have expressed their concerns that the Taliban will emphasize religious differences to divide communities and undermine prospects of unified resistance. 17. The Special Rapporteur notes the power of hateful rhetoric to worsen or create harmful realities for minorities in fragile settings. 26 In India, the spread of derogatory slurs against Christians and Muslims, such as “rice bag converts”27 and conspiracy theories that Muslim men marry Hindu women to convert them (“love jihad”), 28 foster an environment where discrimination is not just tolerated but sanctioned by political leaders. Various authorities in the country have adopted anti-conversion bills that target Christians and Muslims in recent years.29 18. The casting of religious or belief communities as "foreigners" or having foreign allegiances is a source of mobilization against them, entrenches suspicion, fear, and discrimination, and leaves religious or belief minorities more fearful and exposed to violence. In Afghanistan, authority figures and some civilians have portrayed Sikhs and Hindus as loyal to India despite being Indigenous peoples.30 A Houthi leader in Yemen has described Baha'is as Israeli spies, effectively making the community targets for harm. 31 In the Ukrainian regions of Donetsk and Luhansk, de facto authorities regularly accuse "non-traditional" Christian denominations like the Church of Latter-Day Saints and Jehovah Witnesses of being spies for Ukraine and "Western interests."32 19. State and non-State actors frequently mobilize against religious or belief minorities during conflict or insecurity. In some cases, however, they also mobilize some members of minorities to participate in hostilities. Regardless of whether those members are seeking to expand, protect themselves or satisfy grievances, their involvement greatly aggravates the risk to all those belonging to that minority group. In Central African Republic, the Séléka has capitalized on longstanding political, socio-economic, and cultural grievances to recruit Muslim and ethnic minorities. Decades of social exclusion and economic underdevelopment 21 22 23 24 25 26 27 28 29 30 31 32 Ibid., art.8(2)(b)(ix). Protocols Additional to the Geneva Conventions of 12 August 1949: Protocol I, arts.53, 85 (4)(d); and Protocol II, art.16. Namely, when religious sites are transformed into military objectives. A/HRC/28/64/Add.2, paras.26-31. Consultations-Israel and OPT; Afghanistan. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24934&LangID=E, para.8. Consultation-India (Jammu and Kashmir). A/HRC/46/30, para.20. https://www.nytimes.com/2021/12/22/world/asia/india-christians-attacked.html. Consultation–Afghanistan. Consultation–Yemen. Consultation-Ukraine. 5