A/HRC/25/58/Add.1
as enshrined in section 24 of the Constitution and in the international instruments to
which Sierra Leone is a party. In this context, more attention should also be given to
the “negative” aspect of freedom of religion or belief.
(c)
One example in this regard is the need to provide for low-threshold
exemptions from participation in collective religious ceremonies in schools. Collective
religious practices in schools should always be voluntary. To ensure everyone’s
freedom to participate or not to participate, in accordance with their convictions,
exemptions should be easily available and should not have a de facto punitive effect.
Paying more attention to this issue would bring the existing practice more into line
with the provision of section 24, subsection 2, of the Constitution of Sierra Leone.
(d)
Harmful traditional practices can never be justified by invoking freedom
of religion or belief, which as a human right must always be seen in conjunction with
other human rights. Concerning female genital mutilation (FGM), the Special
Rapporteur refers to the TRC recommendations which call for joint efforts to put a
stop this cruel practice. He also refers to his 2013 interim report to the General
Assembly in which he systematically analyses the relationship between freedom of
religion or belief and equality between men and women (A/68/290).
(e)
Likewise, the harassment or even persecution of persons accused of
witchcraft can never be justified as a legitimate manifestation of anyone’s freedom of
religion or belief. Streamlining the traditionally fragmented court system by
implementing the Local Courts Act of 2011 is one precondition to stopping human
rights violations being inflicted on persons suspected of practising witchcraft. Equally
important are ongoing investments in education. In order to enhance credibility, the
State should also repeal the existing criminal law provision against magical practices
(fungay).
(f)
Measures taken against traditional harmful practices, including public
criticism of gender-related violence or witch-hunting, should always be combined with
respect for persons who adhere to traditional African spirituality. Freedom of religion
or belief, while allowing for legally defined limitations if needed to protect the rights
and freedoms of others (in accordance with the criteria in article 18, paragraph 3, of
the International Covenant on Civil and Political Rights) must be broadly understood.
It clearly includes traditional African religion and its various manifestations.
(g)
The Government should continue to support the admirable work of the
Inter-Religious Council while fully respecting its independence.
59.
Recommendations mainly addressed to religious communities:
(a)
Religious communities are encouraged to continue to cooperate in the
spirit of open-heartedness which is so tangible in Sierra Leone. Through inter- and
intra-religious cooperation they also fulfil a major requirement of the Truth and
Reconciliation Commission.
(b)
Religious communities and their umbrella organizations should speak
out publicly against harmful practices, which are sometimes broadly associated with
“tradition”, “culture” or “religion”. A clear public stance articulated by religious
communities against gender-related violence, particularly FGM, would contribute to
overcoming such cruel practices. In this context, the Special Rapporteur once more
refers to the TRC final report.
(c)
Religious communities and their umbrella organizations are encouraged
to continue to exercise vigilance against the possible spread of religious extremism,
which so far has had no influence in Sierra Leone. The deeply rooted culture of
tolerance has proved to be the best antidote against religious extremism.
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