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.
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