A/55/280/Add.2
the human rights of minorities or rights that derive
from citizenship and imply non-discrimination between
citizens, based on, among other things, considerations
of faith and belief. The question of the treatment
accorded to minorities will be considered below.
89. With regard to other legal provisions, the penal
code protects freedom of religion or belief and their
manifestations. Penalties are notably provided in the
case of all offences against religion, such as the
destruction of places of worship and religious objects,
disturbance of religious activities (for example,
religious ceremonies), desecration, and defamation of
religions.
90. With respect to religious personal laws, problems
of compatibility arise, not only with regard to national
legislation (the Constitution), but also with regard to
international law. Religious personal laws do
discriminate against women, and therefore undermine
the constitutional principle of equality for all,
regardless of gender or religious affiliation. Efforts
certainly have been made in this regard, but they have
been limited to certain areas and communities, such as
the reform of 1974, which made it possible to
guarantee certain rights under the law to Muslim
women, in the area of divorce. These advances must be
pursued, and extended to all problem communities and
spheres (inheritance, marriage, childcare, etc.). For
example, Hindu women must be given the legal right to
divorce and inheritance. The Special Rapporteur noted
with pleasure the initiatives undertaken in the realm of
positive law, with a view to improving the protection of
women, such as the adoption of laws on the registration
of marriage and divorce, the minimum age for
marriage, and the banning of the dowry system. These
initiatives must be pursued, and efforts must be made
to ensure their concrete implementation, especially in
rural areas, in order to combat religious traditions or
traditions attributed to religion, which perpetuate,
among other practices, the illegal practice of forcing
minors into marriage. Also in the context of these
initiatives, it is imperative that a legal ban on
polygamy be introduced.
91. Concerning the Vested Property Act, it is of
urgent importance that the process of formulating and
adopting new legislation in this area reach a successful
conclusion. However, it is essential to ensure that the
Hindu community and the Hurukh/Oroan tribes (who
are the main victims of this law) be consulted, and
included in this exercise, and that their right to
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property be fully restored to them, notably through the
return of stolen property and through compensation. In
any event, and in a general sense, the Government must
take the appropriate measures — including legal
measures — to ensure that the right to property be
protected and guaranteed for all, regardless of religious
or ethnic affiliation. This point is especially important
due to the combination of Bangladesh’s difficult
economic situation and its very high population
density, as a result of which land is a rare and highly
sought after resource, and hence a source of conflict.
92. With regard to the influence of the politic sphere
on religion and belief, the Special Rapporteur considers
that the State does, in general, respect freedom of
religion and belief and their manifestations, in
accordance with international human rights standards
in this area. The authorities permit religious practice,
the building of places of worship, religious instruction,
journeys abroad by religious officials, the maintaining
of contacts with adherents of the same religion living
abroad, etc. Similarly, the State provides public
funding to different religious communities, and
recognizes religious festivals as national festivals that
may have the status of holidays. Generally speaking,
the State does not interfere in the religious affairs (in
the strictest sense of the term) of religious
communities. It should be stressed that no religious
community is subject to a prohibition on the part of the
authorities. The Ahmadis, who are not recognized as an
Islamic religious community in many Muslim
countries, are recognized as Muslims by the State of
Bangladesh, and may exercise their religious activities
in complete freedom (notably, they may build their
mosques). Thus, from this point of view, the situation
is in fact entirely satisfactory.
93. Furthermore, while recognizing Islam as the State
religion, the State declares its commitment to
secularism and religious harmony, whether with regard
to the Muslim majority, religious minorities, or ethnic
communities.
94. However, the situation of religious and ethnic
communities is not without its problems. Nevertheless,
it should first be noted that in Bangladesh, one cannot
talk in terms of the repression of these communities.
Another point that should be stressed is the complexity
of the various situations. The obstacles, intolerance,
and discrimination that can affect religious and ethnic
communities are due to a combination of several
factors: especially political and religious factors, but