A/HRC/22/51
construction plans end up destroying sacred sites of religious minorities or indigenous
peoples.32
(h)
Obstacles against religious rituals or ceremonies
49.
Persons belonging to minorities may have difficulties when wishing to perform
rituals that they consider as essentially belonging to their religious identities. This includes
rituals of religious socialization of children, for example male circumcision. 33 Members of
religious minorities may also face administrative obstacles when holding processions or
celebrating religious ceremonies in public. A number of governments pursue unduly
restrictive policies in this regard, sometimes with reference to unspecified “public order”
interests at variance with the criteria enshrined in article 18(3) of the International
Covenant. It also happens that public ceremonies or gatherings are disrupted by the police
or by non-State actors with the police merely standing by, thus conveying the impression
that State authorities do not care or even implicitly approve of such acts. 34 Furthermore,
funerals have been disrupted by crowds of people who claim that the cemeteries, albeit
owned by the municipality, should be reserved for the adherents of the predominant
religion and not be used by “heretics”. As a result, persons from religious minorities at
times cannot bury their dead family members in a quiet, dignified way.35
(i)
Threats and acts of violence against members of religious minorities
50.
Acts of violence against members of religious minorities, perpetrated by States or
non-State actors, have unfortunately included cases of torture, ill-treatment, abductions,
involuntary disappearances and other atrocities. They can occur spontaneously or be
orchestrated by political leaders who exploit and further stoke existing stereotypes,
prejudices and paranoia for political gains. The motives may be manifold and include
“taking revenge” for natural disasters, national traumas or political failures mysteriously
blamed on minorities or alleged self-defence against foreign powers supposedly represented
by some minority groups as their “fifth columns”. Violence may also be used to preserve
the hegemony of the predominant religion of the country against unwelcome competitors or
immigrants.36 In addition, acts of violence are perpetrated with the purpose of expelling
minorities from the country, 37 or of intimidating and blackmailing them, for instance to
32
33
34
35
36
37
In Guatemala, concerns were raised regarding the construction of condominiums over Maya Tulam
Tzu, an important cultural site used for religious ceremonies (A/HRC/4/21/Add.1, paras. 159-167). In
Australia, concern was expressed at the destruction of a sacred indigenous rock art complex, housing
hundreds of sacred sites for indigenous peoples in Dampier Archipelago (A/HRC/7/10/Add.1, paras.
4-10).
In Germany, a decision of the district court of Cologne of 7 May 2012 triggered a partially aggressive
debate on the legal permissibility of religiously motivated male circumcision of children. However,
the German Federal Parliament called on the Federal Government to present a draft law in the autumn
of 2012, stressing that Jewish and Muslim religious life must continue to be possible in Germany
(CCPR/C/DEU/Q/6/Add.1, para. 86); the Federal Parliament adopted the law in December 2012.
In Eritrea, a wedding ceremony was disrupted with the arrest of 30 evangelical Christians; ultimately
they were released after signing a document promising not to participate in such events in future
(E/CN.4/2005/61/Add.1, para. 96).
Country visit report on the Republic of Moldova (A/HRC/19/60/Add.2, para. 37).
Concerns were raised at the assertion that members of the Rohingya minority in Myanmar were
treated as illegal immigrants and stateless persons and it was stressed that the inter-communal
violence in Rakhine State must not become an opportunity to permanently remove an unwelcome
community (www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12716&LangID=E).
In Indonesia, Shi’as and Ahmadiyah communities face persistent challenges of harassment and
attacks (A/HRC/22/67). Furthermore, the President of the National Islamic Council in Guinea-Bissau
appealed to the authorities to expel the Ahmadiyah community from the country (A/HRC/4/21/Add.1,
15