A/75/385
charges.31 As the Special Rapporteur has previously explored, such restrictions of freedoms
of expression, peaceful assembly, and religion or belief, and their analogous punishments,
are invariably targeted at distinct minorities, reflecting not only the imposition of a hierarchy
of beliefs but also systematic repression of minority communities.32
16.
Relatedly, as many as 21 countries criminalize apostasy, including 12 countries —
Afghanistan, Brunei, Iran, Malaysia, Maldives, Mauritania, Nigeria, Qatar, Saudi Arabia,
Somalia, UAE, Yemen — in which apostasy is in principle punishable by death.33
17.
A concerning number of mandate communications highlight the use of inchoate
terrorist offenses that are disproportionately applied to religious or belief minorities.
Harassment measures broadly linked to countering terrorism and protecting national
security34 illustrate that in almost every region of the world religious minorities appear to be
at particular risk of being designated “terrorist groups” and of having members arrested under
“extremism” or “illegal activity” charges. A number of communications addressed the use of
national security imperatives as the stated objective by some governments in criminalizing
membership in and/or activities35 of certain religious or belief groups.36 Such an approach
amounts to targeting, and ultimately criminalizing, the peaceful expression of a person’s
identity.
18.
In Tajikistan, peaceful religious actors, mostly Muslims, have been detained under
“the Fight Against Extremism” law for engaging in activities such as promoting religious
education or distributing religious literature.37 In the Republic of Moldova, the emblems of
the Falun Gong are summarily included on the State’s Registry of “Extremist Materials.” 38
A Nigerian court ruled in, 2019 that activities of the Shia Islamic Movement in Nigeria (IMN)
amounted to “acts of terrorism and illegality” and ordered the government to ban the religious
association.39
19.
Numerous State authorities have arrested, detained (sometimes incommunicado) and
sentenced members of religious and belief minorities for undefined charges such as intent to
‘disturb political, economic or social structures’40, to ‘disrupt state sovereignty’ 41 or to
‘overthrow the Government’.42 Such vague provisions fail to fulfil the principle of legality as
enshrined in article 15 of ICCPR and give worrying leeway to States to arbitrarily limit the
exercise of freedom of religion or belief of certain groups.
20.
China has sought to justify its coercive detention of over a million Muslim Uighurs,
Kazakhs and other predominately Muslim ethnic minorities in state run ‘re-education’ camps
as part of ‘de-extremism regulations.’43 “Behavioural indicators of religious extremism” that
warrant detention by State authorities include public displays of Islam and Uighur culture
such as young men wearing beards, women wearing face veils and persons owning goods
with a star and crescent.44 Reportedly, Chinese authorities force Muslims to learn Mandarin
Chinese, sing praises of the Chinese Communist Party and renounce their religion in the
internment camps, where failure to “learn” is punished with violence at the hands of state
actors.45 Authorities, reportedly, send thousands of victims to work for little or no pay in
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
6
AL MDV 1/2019.
A/HRC/40/58.
https://fot.humanists.international/download-the-report/ at p 18.
See also A/73/362, A/71/269 para. 45.
UA SAU 16/2019; AL MDV 1/2019.
UA DZA 3/2017.
Submission from Equal Rights Trust.
UA MDA 1/2015.
https://www.hrw.org/news/2019/07/30/nigeria-court-bans-shia-group.
OL PHL 4/2020.
OL IND 7/2020.
AL VNM 6/2017.
CAT/C/CHN/CO/5, para. 36. CERD/C/CHN/CO/14-17, para. 40.
OL CHN 18/2019; OL CHN 21/2018; A/HRC/39/46, para. 88.
See, https://www.nytimes.com/interactive/2019/11/16/world/asia/china-xinjiang-documents.html;
https://www.hrw.org/report/2018/09/09/eradicating-ideological-viruses/chinas-campaign-repressionagainst-xinjiangs; https://www.amnesty.org/en/latest/research/2020/02/china-uyghurs-abroad-livingin-fear/.