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may be repealed in the future.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.
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