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Governments carte blanche to apply such laws in an arbitrary and discriminatory
manner. Not only verbal or other statements, but also certain acts of conduct, such
as eating in public during the fasting season, may be deemed as “blasphemous” in
some countries. In countries that do not have anti-apostasy or anti-proselytism laws,
the criminalization of broad blasphemy offences can serve as a proxy that basically
fulfils the same function. Numerous reports have given clear evidence that members
of religious minorities typically suffer disproportionately from such laws, which
also target converts, dissidents, non-believers, critics within the majority religion
and individuals engaging in unwelcome missionary activities.
46. While anti-apostasy, anti-proselytism and anti-blasphemy laws more or less
openly carry “religion” in their titles, other criminal laws do not directly display an
intention to curb religious dissidence or criticism and yet may have such
consequences in practice, for example, overly broad anti -hatred laws (see
A/HRC/13/40/Add.2, paras. 46-48). While article 20 (2) of the International
Covenant on Civil and Political Rights obliges States to prohibit “advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence”, 2 anti-hatred provisions often lump together a wide range of
different “offences”, thereby opening the floodgates for arbitrary applications. Penal
law provisions sometimes even criminalize religious superiority claims, thus
hypothetically threatening sanctions against all individuals or groups who publicly
bear witness to their convictions. Countless examples have proven that such vague
provisions are used mostly to intimidate unwelcome minorities, converts, atheists,
agnostics or dissidents, including critics belonging to the country’s majority
religion. Further examples of prima facie “neutral” criminal law provisions are laws
that, by criminalizing alleged acts of eroding national security, may threaten
punishments against conscientious objectors to military service.
2.
Bureaucratic harassment and burdensome administrative stipulations
47. Arguably the most widespread pattern of State-induced violations of freedom
of religion or belief relates to harassment by an uncooperative bureaucracy that may
treat people belonging to certain religious communities with contempt, hostility or
suspicion. It is all the more important to draw public attention to this form of
violation of religion or belief.
48. When wishing to build places of worship or religious schools or to repair
existing religious buildings, minority communities often have to apply for special
permissions, which may take decades to obtain. If the believers start to build or
repair places of worship before receiving official permission, they may encounter
hefty sanctions or even be forced to tear down a newly erected building. The Special
Rapporteur heard reports that it seemed easier for some communities to build a
chicken farm and subsequently convert it into a place of worship than to apply to
establish the place of worship.
49. Some Governments request religious communities to register with the
Administration before being allowed to exercise their group -related freedom of
religion or belief. Registration status may be connected to a number of practical
advantages, such as tax benefits or regular participation in municipal consultations.
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2
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For useful guidance in this regard, see the Rabat Plan of Action on the prohibition of advocacy of
national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence (A/HRC/22/17/Add.4, appendix).
16-13296