A/60/399
64. There are, however, situations in which certain actions aimed at converting
people go beyond conventional forms of missionary activities or propagation of
religion. Some such actions cannot be considered as a “manifestation” of religion or
belief and are therefore not protected by article 18.
65. The question that arises in this regard is how the State should address such
actions. The Special Rapporteur is of the opinion that a distinction should be made
between whether these actions raise a human rights concern or whether they could
constitute criminal acts. Certain acts may constitute an offence under the criminal
code of the State concerned and should therefore be prosecuted. In view of the
Special Rapporteur, however, it would not be advisable to criminalize non-violent
acts performed in the context of manifestation of one’s religion, in particular the
propagation of religion, including because that might criminalize acts that would, in
another context, not raise a concern of the criminal law and may pave the way for
persecution of religious minorities. Moreover, since the right to change or maintain
a religion is in essence a subjective right, any concern raised with regard to certain
conversions or how they might be accomplished should primarily be raised by the
alleged victim.
66. Apart from forcible and other conversions that are improper in the sense of
human rights law, there are many cases which, while not constituting a human rights
violation, nevertheless raise serious concern because they disturb a culture of
religious tolerance or contribute to the deterioration of situations where religious
tolerance is already being challenged. The Special Rapporteur has received
numerous reports of cases where missionaries, religious groups and humanitarian
NGOs have allegedly behaved in a very disrespectful manner vis-à-vis the
populations of the places where they were operating. The Special Rapporteur
deplores such behaviour and is of the opinion that it constitutes religious
intolerance, and may even provoke further religious intolerance. She considers that
religious groups, missionaries and humanitarian NGOs should carry out their
activities in full respect of the culture and religion of the populations concerned and
abide strictly by relevant codes of ethics, including the Code of Conduct for
International Federation of Red Cross and Red Crescent Societies and NGOs in
Disaster Relief,6 as well as guidelines adopted by religious organizations.
67. In conclusion, any form of coercion by State and non-State actors aimed at
religious conversion is prohibited under international human rights law, and any
such acts have to be dealt with within the remit of criminal and civil law.
Missionary activity is accepted as a legitimate expression of religion or belief and
therefore enjoys the protection afforded by article 18 of ICCPR and other relevant
international instruments. Missionary activity cannot be considered a violation of
the freedom of religion and belief of others if all involved parties are adults able to
reason on their own and if there is no relation of dependency or hierarchy between
the missionaries and the objects of the missionary activities.
68. The Special Rapporteur wishes to underline that certain forms of “unethical”
conversion are not per se contrary to international standards. Moreover, while some
of these acts may not enjoy protection under human rights law, they should not as a
result necessarily be seen to constitute a criminal offence. She recommends that
cases of alleged “unethical” conversion be addressed on a case-by-case basis,
examining the context and circumstances in each individual situation and dealt with
in accordance with the common criminal and civil legislation. The Special
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