E/CN.4/2006/5/Add.2 page 9 IV. SITUATION OF THE RIGHT TO FREEDOM OF RELIGION OR BELIEF Governmental policy and religion 33. The Government of Nigeria generally does not deliberately violate the right to freedom of religion or belief. Although Nigerian authorities have often limited or restricted important religious gatherings or religious ceremonies or, in some places, prohibited the use of microphones, in order to prevent interreligious tensions, the Special Rapporteur has not received indications of the existence of a policy that would directly limit the right to freedom of religion or belief of Nigerians. 34. This however does not mean that Nigerians do not suffer from violations of their right to freedom of religion or belief (see paras. 39-45 below) and that the Government fulfils its obligations in terms of freedom of religion or belief. There are indeed strong and consistent indications that violations of this particular right occur in many parts of Nigeria and are either committed by non-State actors - or are the consequences of acts committed by non-State actors or indirectly result from the Government’s policy or, on the contrary, from the absence of appropriate measures to protect. 35. It would therefore be wrong to consider that in the apparent absence of direct violations of the right to freedom of religion or belief by the Government, that it is relieved of its international obligations related to this and other rights. As the Special Rapporteur and her predecessor have recalled in many reports to the Commission on Human Rights or to the General Assembly, the internationally accepted standards of freedom of religion or belief include a relatively extensive catalogue of positive obligations.6 36. Many of the Special Rapporteur’s interlocutors from all religious communities agreed that the Federal Government as well as state governments interfered excessively with the religious life of Nigerians. For most of them, this attitude is the main explanation for the current problems faced by religious communities in Nigeria. Some examples of this interference are the selective subsidizing of religious communities, including by financing pilgrimages for both Christians and Muslims, the use of public money to build places of worship and the appointment of persons to government positions or in public services on the basis of their religion. 37. In this context, state governments tend to follow the opinion of the religious majority living within their jurisdiction and guide their policy according to the wishes of this majority. Partly as a result of this policy, authorities are said to use religions to achieve their own political agendas. Particularly in the so-called “middle belt” states where the population is relatively mixed, members of state governments are usually drawn from the predominant religious community in the state. Key positions are held by members of the majority and only a few members of religious minorities are represented in the administration. 38. One positive measure taken by the Government in terms of interreligious dialogue has been the creation of the Nigerian Inter-Religious Council (NIREC), which has been charged with the responsibility of promoting the ideals of peaceful coexistence, especially among the various religions of the country. However, many of the Special Rapporteur’s interlocutors expressed their doubts about the achievements of this Council.

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