A/71/269
addition, there is broad consensus that human rights also constitute an indispensable
part of international customary law.
69. Besides States, the international community also comprises other actors, in
particular, civil society organizations, without whose contributions international
monitoring would not even be conceivable. Moreover, situations can arise in which
the international community has to take direct action to stop massive violations of
freedom of religion or belief and other human rights abuses, for instance, by
ensuring that terrorist organizations operating in the name of religion do not receive
financial, logistical or other support or by holding to account political leaders who
have committed widespread and systematic human rights violations.
70. Throughout the past few years, the Special Rapporteur has sensed an
increasing interest in issues concerning his mandate. At the same time, he feels that
the broad range of violations of freedom of religion or belief fails to receive
attention. For example, administrative harassment and unreasonable bureaucratic
stipulations hardly ever make it into the headlines. The scarcity of empirical
findings may follow from difficulties in research and reporting, but may also reflect
a lack of awareness that certain issues have a human rights dimension in the first
place. The latter problem may be the result of an inadequate understand ing of the
normative range and full scope of freedom of religion or belief, which is a broadly
applicable right to freedom to which every human being is entitled.
71. One issue on which the international community has obviously failed concerns
the rights of refugees and internally displaced persons. Violations of freedom of
religion or belief are among the manifold reasons for people to leave their home and
flee their country, in particular where violent conflict has assumed a religious or
sectarian dimension. However, when applying for asylum because of violations of
their freedom of religion or belief, refugees have sometimes experienced that their
claims are not taken seriously. Some of them have been given bizarre
recommendations, such as to avoid public exposure and to keep their faith to
themselves. Converts may face suspicion of having fabricated their conversion for
the strategic purpose of gaining refugee status. In addition, many violations of
freedom of religion or belief are inextricably interwoven with other social or
political variables, for example, excessive control interests of authoritarian
Governments. Given the complexity of such issues, some observers may dramatically
underestimate the gravity of violations experienced by people on the ba sis of their
religion or belief. This may have an impact on the treatment of refugees, whose
experiences in this area fail to receive appropriate attention and recognition.
72. It is depressing to see that in the current refugee crisis, many States fail t o
honour the responsibility they have in accommodating refugees, including those
who are fleeing massive violations of their freedom of religion or belief. Some
Governments have opened their borders and demonstrated solidarity, often in
conjunction with admirable commitment shown by civil society organizations and
countless volunteers. By contrast, other States have been reluctant to even host a
handful of refugees. Yet other Governments have indicated that they would be
merely willing to accommodate refugees from religious backgrounds close to their
own predominant religious traditions. However, this would amount to a
(re)territorialization of religion and thus would clearly be at variance with the
freedom of religion or belief, which protects human beings in their diverse
convictions and practices instead of fostering religiously homogeneous territories.
20/22
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