A/HRC/25/58/Add.1 to participate in religious ceremonies should have the option to receive a low-threshold exemption. 39. The Special Rapporteur did not hear of any complaints ever being submitted in this regard, and when discussing the issue, he was told that it would certainly be possible to find solutions if such requests were made. Nevertheless, clearly formulated exit provisions concerning school prayers remain an important issue in order to make sure that participation in religious prayers and ceremonies is always in conformity with the convictions of the child and his or her parents or guardians. This would also help to bring the existing practice into line with section 24, subsection 2, of the Constitution of Sierra Leone, which provides that “no person attending any place of education shall be required to receive religious instruction or to take part in or to attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own”. B. Harmful traditional practices 40. Many Sierra Leoneans, including Muslims and Christians, seem to believe in witchcraft. The Special Rapporteur heard many gruesome stories about people allegedly using “witch guns” in order to inflict serious injury and even kill fellow humans. He met with individuals who claimed they could detect “witches” and other “evil persons” by using their own spiritual intuition or by employing magical instruments. Some told him they had handed over “witches” to local courts, which had subsequently locked them up. In a number of cases, persons accused of witchcraft have been chained indefinitely to a specific place in their villages. The Special Rapporteur also heard about incidents of lynching of alleged “witches”. While the “punishment” of people accused of witchcraft appears to be mainly practised by local communities outside of the formal judicial system, the formal criminal code still contains provisions against the exercise of magical powers. 41. The fact that people are deprived of their personal liberty based on accusations of witchcraft raises major human rights issues. This assessment was clearly shared by the Human Rights Commission, the Law Reform Commission and other institutions dealing with judicial affairs. The empirical “evidence” presented against “witches” remains more than dubious, and the “culprits” de facto do not enjoy the minimum guarantees of due process and habeas corpus, in spite of the existing constitutional provisions. A member of the Government pointed out that most people who are accused of witchcraft stem from the poorest strata of society. In many cases, they are helpless and lack any support from families or neighbours, which renders them vulnerable to negative projections. For example, elderly women who have remained childless easily become victims of witchcraft allegations, and the same can happen to persons with intellectual or psychosocial disabilities or persons who are described as somehow “strange” in their behaviour. 42. Whether the widespread “belief” in witches could qualify as belonging to a religion or belief in the understanding of article 18 of the International Covenant on Civil and Political Rights remains a somewhat academic question. In any case, the serious harm inflicted on persons accused of witchcraft can never be justified. Naturally, a human right can never serve as carte blanche for legitimizing obvious violations of other human rights. Consequently, if someone were to invoke the right to freedom of religion or belief in order to support harmful practices, such as the persecution and punishment of alleged witches, this would be a clear case for limiting the application of freedom of religion or belief, in accordance with the criteria laid down in article 18, paragraph 3, of the Covenant. Section 24, subsection 5, of the Constitution of Sierra Leone has a similar limitation clause which would have to be applied in such a case. 12

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