A/HRC/13/40
the name of religion or belief”, i.e., based on or arrogated to religious tenets of the
perpetrator.
A.
Discrimination and violence on the grounds of religion or belief
34.
The most prominent example of a general, worrying pattern all over the world is the
discrimination and violence suffered by members of religious minorities. Many religious
minorities are in a vulnerable situation, which is further aggravated when States specifically
target them by registering their members’ names and scrutinizing these individuals. Worse
still are laws that openly discriminate against individuals on the basis of religion or belief or
the perceived lack of religious fervour. Indeed, dissenting or dispassionate believers are
being marginalized and face interreligious or intra-religious problems. Admission to
schools and employment in Government and private enterprises are denied to people
because of their religious or belief affiliations. Many violent acts or threats against
members of religious minorities are also perpetrated by non-State actors, all too often with
impunity.
35.
Another worrying general pattern is the targeting of places of worship and other
religious buildings or properties. The Special Rapporteur is seriously concerned about
frequent attacks on places of worship and the desecration of cemeteries. Such attacks
violate the rights of not only a single believer, but also the group of individuals forming the
community attached to the place in question. In this regard, the General Assembly has
adopted resolution 55/254 on protection of religious sites, calling upon all States to exert
their utmost efforts to ensure that religious sites are fully respected and protected.
36.
National policies, legislation and practices which are designed to combat terrorism
have had and continue to have adverse effects on the enjoyment of freedom of religion or
belief worldwide. The Special Rapporteur notes with concern the worsening situation of
minority communities in the wake of the events of 11 September 2001 and the
estrangement of communities who earlier lived together without suspicion. While States are
obliged to take effective measures to counter terrorism, the Special Rapporteur would like
to underline that States must also ensure that counter-terrorism measures comply with their
obligations under international law, including international human rights, refugee and
humanitarian law.
37.
There are also further issues of concern in relation to her mandate, which seem to be
more prevalent in particular regions or countries. For example, some domestic registration
procedures for religious communities are applied in a discriminatory manner by the
authorities, often curbing the freedom of religion or belief of minority communities such as
new religious movements or indigenous peoples. In addition, she is concerned about undue
State interference in religious teaching and dissemination of related publications, for
example when the authorities censor, monitor and write sermons or persecute religious
leaders. Furthermore, the Special Rapporteur has noticed a number of restrictions imposed
on different forms of religious expression, for example, on the wearing of distinctive
clothing or head coverings. At the same time, she is concerned about reports of women who
are forced to wear religious dress in public in certain countries.
38.
A number of societies are facing obstacles to ending all forms of discrimination on
religious grounds and creating informed public opinion that can effectively challenge
religious bigotry. The Special Rapporteur has noticed with regret that, as far as her mandate
is concerned, denunciation of human rights abuses is often selective; the religion of the
victim and of the perpetrator, rather than the act itself, seems to be a determining factor as
to who feels obliged to publicly condemn the incident. Where the victim belongs to one
religion, but the perpetrator to another, public outrage from the victims’ community
unfortunately seems to be greater than if the perpetrator and the victim had the same
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