A/60/399
the authorities have responded to these concerns by enacting legislation that
prohibits or limits the right to propagate a religion, which includes missionary
activities and other actions aimed at persuading others to adopt a new religion, or
making the right to change religion subject to certain conditions, for example
making a formal declaration of conversion to a designated authority.
56. In May 2005, the Special Rapporteur travelled to Sri Lanka where she had the
opportunity to investigate in this situ type of question. In Sri Lanka, numerous
persons told the Special Rapporteur that missionaries, religious groups and
humanitarian organizations, often from foreign countries, used material or other
incentives to convert people or to induce them to convert. In response to this
situation, a number of initiatives had been made to enact special legislation to
prohibit religious conversions or criminalize allegedly “unethical” conversions.
Many of these initiatives were started well before the tragedy of the tsunami. The
report of the Special Rapporteur on her visit to Sri Lanka, which contains
conclusions and recommendations with respect to the question of “unethical”
conversions, will be submitted to the Commission at its sixty-second session. The
following observations are therefore of a general nature and should by no means be
taken as pertaining exclusively to the situation prevailing in Sri Lanka.
57. The Special Rapporteur considers that these situations raise questions both
with regard to the right to freedom of religion of those who take the decision to
convert (freedom of conscience and the right to change one’s religion) and the right
to freedom of religion of persons who perform acts leading to the conversion of
others (missionary activities and the propagation of one’s religion). These are taken
separately below.
(a)
Freedom of conscience and the right to change one’s religion
58. In this respect, the Special Rapporteur would mainly refer to the arguments
made earlier in this report. The right to change religion is absolute and is not subject
to any limitation whatsoever. Any legislation that would prohibit or limit the right to
change one’s religion would be contrary to international human rights standards and
the provisions mentioned above.
(b)
Missionary activities and propagation of one’s religion
59. Article 1 of the 1981 Declaration and article 18, paragraph 1, of ICCPR
explicitly provide for the right “in public or private, to manifest [one’s] religion or
belief in worship, observance, practice and teaching” (emphasis added). Many
human rights instruments stipulate and the Human Rights Committee hold that the
right to manifest one’s religion includes carrying out actions to persuade others to
believe in a certain religion. For example, article 6 (d) of the 1981 Declaration states
that the practice of the freedom of religion includes the freedom, “to write, issue and
disseminate relevant publications….” Similarly, in resolution 2005/40 of the
Commission on Human Rights urged States “[t]o ensure, in particular, … the right
of all persons to write, issue and disseminate relevant publications .” In its general
comment No. 22 (1993) the Human Rights Committee holds that “the practice and
teaching of religion or belief includes acts integral to the conduct by religious
groups of their basic affairs, … [and] the freedom to prepare and distribute religious
texts or publications” (para. 4). This thinking is reflected in the above-mentioned
decision Kang v. Republic of Korea, where the distribution of communist leaflets
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