A/HRC/31/18/Add.2 IV. Constitutional principles and their application in practice A. Conceptualization and implementation of secularism 26. The Government attaches great importance to the structure of Bangladesh as a secular State, as enshrined in article 12 of the 1972 Constitution. In all discussions with representatives of the State, in administration as well as Parliament, secularism always emerged as a dominant theme. Some interlocutors closely associated this principle with the coming to existence of the independent State in 1971. The issue of secularism also came up in discussions with civil society organizations and members of religious communities, many of whom expressed their commitment towards upholding and further developing the secular nature of the State. 27. The term “secularism” can carry different meanings, which often leads to confusing discussions. Secularism is sometimes perceived as reflecting an anti-religious attitude. There are indeed examples of “secular” regimes that actually aim to purge the public sphere of any visible religious manifestations, thereby reducing faith to a merely private affair. The prevailing understanding of secularism in Bangladesh, however, seems to be very different. 28. Far from reflecting an anti-religious ideology, secularism represents a commitment, enshrined in the Constitution, to create and uphold an open, inclusive space for the unfolding of religious diversity, free from fear and free from discrimination. Such an “inclusive” understanding of secularism is a high aspiration, since an “inclusive space” is not something one can simply take for granted; it requires long-term investments by the State, for instance, with regard to education, civil society development, minority outreach programmes and other activities. Secularism should thus not be equated with a merely “passive”, non-committed attitude of the State vis-à-vis religions or beliefs. There is indeed a need for the State actively to protect and promote religious and belief-related diversity, based on the right to freedom of religion or belief for all, as guaranteed in articles 39 and 41 of the Constitution as well as in international human rights law. 29. The inclusive understanding of secularism as a space providing principle in the interest of freedom of religion or belief for all is intimately linked to democracy, i.e. another principle upon which the Constitution of Bangladesh was built. Democracy is much more than mere majority-rule, to which the term democracy is sometimes simplistically equated. While majority-rule may actually function as a main criterion of decision-making within a politically pluralistic society, democracy, inter alia, presupposes safeguards for everyone’s fundamental rights, in particular the rights of civic participation, which facilitate a culture of public critical discourse. 30. Democracy cannot exist without the space, in which political parties, civil society organizations, journalists, online activists and others can express their views freely, i.e. free from fear and discrimination. In this sense, one can also describe democracy — in close analogy to inclusive secularism — as a space-providing principle. Thus, there are good reasons to see democracy and secularism as two mutually reinforcing principles within the Constitution of Bangladesh. 31. While the Special Rapporteur saw much commitment to these two principles of secularism and democracy, there appear to be serious problems at the implementation level. Inconsistencies can already be found at the level of the Constitution itself, article 2A of which proclaims Islam as the State religion. To avoid a possible misunderstanding, it might be useful to clarify that there is not the slightest contradiction between being committed to secularism (in the above understanding) and professing and practising Islam or indeed any other religion. A secular constitution can well serve a society in which many people 7