A/79/182
objectives that can and must be advanced together”. 62 This is most evident when
security is understood in its many dimensions 63 and not reduced to “national
security”. Sustainable security unequivocally requires full respect for human rights,
equality and the trust of those in that jurisdiction. 64
45. Whether implicitly or explicitly, many States select between “good religion”
and “bad religion”, creating hierarchies of protection of the freedom of religion or
belief of some, and perpetuating discrimination and inequality. Challenges include
States that offer recognition to only one religion or ideology, or to a closed list of
several communities. Others are not recognized, and this necessarily leads to
discrimination against them, albeit along a gradient of infringements and exclusions.
States create hierarchies in other ways, too, by criminalizing some religions or beliefs
or the defining religious practices of their members. This may be by wholesale
accusations of extremism and terrorism, prohibiting their activities or not allowing
them to assemble and observe as members of a community. Some national penal laws
also prohibit blasphemy or apostasy, with severe penalties, including capital
punishment, contrary to the explicit protection of the freedom to change religion or
belief for everyone, without any form of coercion, in international human rights law.
The refusal to allow registration of communities can render them unable to hold
activities, or to assemble and associate, and curb their ability to manifest their religion
or belief as protected under international human rights law. 65 Furthermore, limitations
on manifesting one’s religion or belief are often imposed by States in a manner that
stands in stark violation of the international framework for legitimate limitations. Any
limitations must be as provided by law, necessary, propo rtionate and
non-discriminatory, and be imposed in the least restrictive manner solely in order to
protect public order, health or morals 66 or the rights and freedoms of others. States
should also respect the rights of persons belonging to religious or belief minorities 67
without discrimination, and in a context of equal enjoyment of other human rights,
including due process and the equal protection of the law and equality before the law.
46. Country visit reports and allegation letters by the mandate holder over the years
have highlighted a range of restrictions and violations of freedom of religion or belief
that are pursued in the name of advancing security. The denial of registration and the
de-registration of religious or belief communities on the grounds of national security
remain a concern in a number of States. In 2017, the mandate expressed concern at a
Supreme Court decision to liquidate a centre belonging to a religio us or belief
community and all its local entities on grounds of “extremism”, 68 grounded in the
view that the religious materials they disseminated “[incited] religious strife
promoting the exclusivity, superiority or inferiority of citizens on the basis of their
attitude to religion”. 69 This precipitated a wave of judicial harassment against its
members transnationally. 70 In August 2023, the mandate expressed concern at the
__________________
62
63
64
65
66
67
68
69
70
24-13239
OSCE Office for Democratic Institutions and Human Rights, Freedom of Religion or Belief and
Security: Policy Guidance (see footnote 20).
Ibid., p. 9.
Ibid., p. 7.
General Assembly resolution 36/55, art. 6; and CCPR/C/21/Rev.1/Add.4, para. 4.
They must not, however, be based on the morals of only a single religion or belief
(CCPR/C/GC/34, para. 32).
General Assembly resolution 47/135, arts. 2–4.
OHCHR, communications sent to the Government of the Russian Federation: AL RUS 2/2017
(government response received 25 May 2017) and AL RUS 19/2018 (government response
received 5 October 2018).
Response of the Permanent Mission of the Russian Federation to the United Nations Office and
other international organizations in Geneva to OHCHR communication AL RUS 2/2017.
OHCHR, communications sent to the Government of the Russian Federation: AL RUS 19/2018
(government response received 5 October 2018); AL RUS 22/2018 (government response
received 16 January 2019); and AL RUS 2/2020 (government response received 5 August 2020).
11/22