E/CN.4/2006/5/Add.2 page 21 the practice of some sharia courts appeared to be in contravention of the principle of nulla poena sine lege and of equality before the law. Finally, the possibility, at least in theory, that Muslims could be convicted and sentenced to death because they converted to another religion would constitute a clear violation of the right to freedom of religion or belief. 101. In response to the above concern, it has been emphasized by some state officials that the majority of Hadd sentences are usually quashed at the appeal level and are therefore never ultimately implemented. The Special Rapporteur would like to stress that such a defence does not represent a satisfactory response to the human rights concerns at issue and does not relieve Nigeria from its international human rights obligations. Indeed, the mere existence of a norm that contradicts human rights standards is sufficient to create a climate of fear among members of the Nigerian population, including Muslims and in particular the poorest part of the population which may not have a correct understanding of the legal system to which they are subject. This climate of pressure and intimidation also has an impact on those Muslims who have a different interpretation of their religion: This may constitute an unlawful limitation to the right to freedom of religion or belief. 102. Moreover, it has been reported that the actual implementation of numerous rules provided for by these new legal systems were affecting and, in some cases, limiting the rights of members of religious minorities, including their right to freedom of religion or belief. The Special Rapporteur recalls in this regard general comment No. 22 of the Human Rights Committee according to which “[i]f a set of beliefs is treated as official ideology in constitutions, statutes, proclamations of ruling parties, etc., or in actual practice, this shall not result in any impairment of the freedoms under article 18 or any other rights recognized under the Covenant nor in any discrimination against persons who do not accept the official ideology or who oppose it” (para. 10). VIII. RECOMMENDATIONS General policy with regard to religions 103. With regard to the general policy of the Government of Nigeria vis-à-vis religion and belief, the Special Rapporteur recommends that the Government adopt a more careful approach when it comes to supporting one or the other religious community and consider the possibility of refraining from interfering with religious matters whenever these do not endanger human rights. At the same time, the Government should take very firm positions whenever religion is at the origin of human rights violations, regardless of which religious community is concerned. 104. The Government should further strengthen the existing inter-religious dialogue to address the overall objective of promoting religious tolerance, and therefore extend the scope of the dialogue and increase the number of stakeholders in the process. Such initiatives must link local dialogues to the national scene so that signs of trouble are detected early and resolved before violence breaks out. Such dialogue would further create better understanding and accommodation. It must include women and members of civil society so that their concerns are also heard.

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