A/HRC/31/18/Add.2 therefore that no rule-of-law regime can operate on the basis of such subjective sentiments. He furthermore took note that section 57 of the Act had become controversial also within State institutions, including the judiciary, from which he derived hope that this provision may be repealed in the future. VIII. New issues for further exploration A. Integrating indigenous spirituality into freedom of religion or belief 89. In addition to the problems mentioned above, indigenous peoples may also feel disadvantaged because of their broad concept of spirituality, which does not easily match the usual patterns of handling religious freedom. For instance, instead of entertaining spatially demarcated houses of worship, indigenous spirituality often venerates natural sites the spatial dimensions of which cannot easily, if at all, be defined. 90. Indigenous ceremonies are so deeply interwoven into daily life that the distinction between religious and non-religious aspects may become inapplicable in practice. Religious loyalties, too, may be less clear-cut than in mainstream religions and may even combine elements of different religions. The term “syncretism”, mostly used to describe such phenomena, is perceived as carrying a pejorative meaning. 91. Freedom of religion or belief requires an inclusive application, i.e. an openness for people who themselves have to decide what matters to them in issues of faith, personal convictions, religious ceremonies and spiritual practices. In the case of indigenous spirituality, this appears to be particularly challenging, as indigenous individuals may encounter difficulties in articulating their specific demands, which they traditionally just took for granted as part of their everyday world and life. The only way out of this predicament is through open communication, which presupposes willingness to respect indigenous rights as an indispensable part of human rights. B. Freedom of religion or belief of hijras and other sexual minorities 92. Transgender persons — biological males who identify as female — are also known as “hijras” in South Asia. They are usually accepted in their societies, including Bangladesh. However, by their difference, people reportedly believe that they own a different set of religious practices — quite similar to some Hindu rituals — developed just for their community. Indeed, many hijras actually participate in mainstream religious life, for instance, by attending the Friday prayer or participating in church services. 93. Unlike the case of the hijras, other sexual minorities do not find much acceptance in society and often experience verbal or other abuse. The idea that individuals belonging to sexual minorities should be able to exercise their freedom of religion or belief like everyone else may strike many people as unusual or even unthinkable. It seems to be a widespread perception in Bangladesh that persons belonging to sexual minorities must be “nonbelievers” since their conduct is seen in breach of traditional interpretations of religious ethics. However, many individuals belonging to sexual minorities in fact identify themselves as believers of different faiths. 94. Freedom of religion or belief of persons belonging to sexual minorities is a very much underexplored issue that warrants more international attention. Diverse sexual orientations and gender identities are a reality in every society and not an invention imposed from abroad, as some may be inclined to think. 18

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