A/79/182
cancellation of the legal personality of some 310 not-for-profit organizations
associated with a religious community, in a context in which the leadership of the
community was accused of “encouraging terrorists”. 71 The mandate has also raised
concerns in relation to legislative initiatives that allow authorities to refuse the
re-registration of a religious organization on the basis of, inter alia, national security
concerns. 72 The mandate has further raised concerns where religious organizations are
required to complete burdensome applications to operate legally, and where the
authorities exercise overbroad discretion when denying applications and
de-registering religious or belief communities. 73
47. As has been highlighted on numerous occasions by mandate holders, the broader
context of counter-terrorist, anti-separatist or anti-violent extremism policy, as well
as overbroad prohibitions of “incitement” and “hate-speech”, can give rise to
restrictions on manifestation that are incompatible with international human rights
law. The mandate has repeatedly expressed concern about the potential for expansive
counter-terrorism and counter-violent extremism law and policy to “securitize”
religious or belief minorities: a process whereby religious or belief minorities are
perceived as a threat requiring extraordinary punitive legal and policy measures. 74
This results in a wide range of restrictions on manifestation of religion or belief, many
of which are highlighted in recent mandate-holder communications, such as
prohibiting essential religious practices, such as adherence to a particular diet, or
framing them an indicator of threat; 75 criminalizing the dissemination of religious
materials; 76 or criticizing of religions, beliefs or practices. 77 The mandate has even
observed contexts in which the closure of places of worship and restrictions on access
to places to gather for worship for religious or belief communities put the
manifestation of religion or belief out of reach for the vast majority of the
population. 78 Banning religious leaders from exchanges with or training in different
countries in order to allegedly uphold “religious calm” can have a disproportionate
impact on minority religions and lead to extreme discrimination 79 and have even
restricted further study.
48. Communications of the mandate have also highlighted the disproportionate
suspicion, targeting and judicial harassment of adherents to minority faiths who are
accused of being sympathetic to terrorism, or to be violent “extremists”, “separatists”
or threats to “national security”. In these contexts, the mandate has raised cases of
arrest, detention and sentencing of religious leaders and adherents to minority faiths,
including application of the death penalty, on charges relating to terrorism, separatism
or “acting against national security”. 80 Bias and stereotyping in relation to terrorism
and security issues can also facilitate administrative restrictions on the receipt of
funding for non-profit organizations that defend the rights of religious or belief
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74
75
76
77
78
79
80
12/22
OHCHR, communication AL NIC 2/2023 sent to the Government of Nicaragua.
OHCHR, communications sent to the following Governments: Kyrgyzstan ( OL KGZ 6/2023) and
Belarus (OL BLR 7/2023).
A/HRC/55/47/Add.1 (mission to Tajikistan), paras. 34 and 35.
A/73/362, para. 10. See also ibid., paras. 21, 49 and 57; and A/HRC/46/30, paras. 23–25.
OHCHR, communications sent to the Government of China: AL CHN 18/2019 and AL CHN
12/2022 (government responses received 16 December 2019 and 7 March 2023 , respectively).
OHCHR, communications sent to the following Governments: Kyrgyzstan ( AL KGZ 4/2021) and
Russian Federation (AL RUS 19/2018).
OHCHR, communication sent to the Government of Sri Lanka ( AL LKA 3/2023).
A/HRC/55/47/Add.1, para. 24.
Ibid., para. 31.
OHCHR, communications sent to the following Governments: Egypt ( AL EGY 14/2021); Sri
Lanka (AL LKA 2/2021 (government response received 7 September 2021)); Saudi Arabia (AL
SAU 5/2022 (government response received 25 May 2022 )); Iran (Islamic Republic of) (AL IRN
27/2022 (government response received 25 May 2023)); and China (AL CHN 8/2023
(government response received 31 August 2023)).
24-13239