A/HRC/61/41/Add.1 C. Freedom of religion and belief 35. Building on the concerns expressed by the Special Rapporteur’s predecessor and other mandate holders, the Special Rapporteur is concerned about the compatibility of article 26 (3) of the Constitution and articles 156 and 158 of the Criminal Code with international human rights.65 The Special Rapporteur expresses deep concern about the curtailment of religious freedom, through the selective use of the anti-conversion provision, leading to discrimination experienced by religious minorities, including Christians. Through the prohibition of proselytizing, the Constitution and section 158 of the Criminal Code restrict the freedom of religion and belief by prohibiting the conversion of anyone from one religion to another. While forced conversions should be prohibited, freedom of religion and belief as guaranteed by the International Covenant on Civil and Political Rights includes the right to adopt a religion; the current vague formulation of the law can cause it to be misinterpreted and abused. 36. The Special Rapporteur is concerned that religious minorities, such as Christians, Muslims and Baha’is, cannot register their places of worship as religious organizations. They are forced to register these buildings as properties owned by individuals or as non-governmental organizations. Another matter of serious concern is that religious minorities, including Christians, Muslims and the Kirat, do not have access to specifically allocated burial grounds in Kathmandu. 37. Muslims across Nepal face anti-Muslim violence and hate speech, which are underreported in mainstream media. The occurrence of anti-Muslim violence is even fervently denied by State authorities. The Special Rapporteur learned that clashes between Hindus and Muslims are increasing, especially following provocations around each other’s places of worship and during religious festivals. In Madhesh Province, Muslim girls face discrimination when attending schools for wearing the hijab. They are mocked and ostracized by other students and not sufficiently protected by schoolteachers, leading them to drop out of school, putting them at additional risk of being subjected to child marriage. In Karnali Province, Muslim women are often confined to the private space, banned from leaving their homes to gain access to education or work, on the basis of patriarchal interpretations of religious scripts. In one testimony presented to the Special Rapporteur, a woman community leader from Karnali Province described how she resisted community pressure and exercised her right to pursue an education. By becoming literate, she broke through the cycle of poverty and continued to service her community in facilitating their access to healthcare and information. D. Access to justice 38. The Special Rapporteur is concerned about the high rate of impunity of crimes against Dalits, such as violence linked to inter-caste marriages. The figure provided to the Special Rapporteur by the Office of the Attorney General was that, in 2024, 63 per cent of the cases linked to violence against Dalits had led to an acquittal. Access to justice must include well-functioning enforcement mechanisms that lead to the sanctioning of perpetrators. This is needed for the dismantlement of a system and the corresponding mindsets that have enabled caste-based violence and discrimination as anchored in a culture of impunity. 39. At the initiative of the Government, there are police units called Dalit Desks in 253 district police offices to address issues related to Dalit communities. Many Dalits informed the Special Rapporteur that, while the idea of a Dalit Desk is noteworthy, they had not proven to accelerate Dalits’ access to justice. The Dalit Desk in a police station is often solely a sign that reads Dalit Desk without any staff there ready to help. Implementation of this initiative, which has the potential to make a real difference in Dalits’ access to justice, needs to be substantially upgraded. 65 GE.26-01953 See communication NPL 5/2022. 11