A/HRC/52/38
peace,55 promoting commitments to stand up for the rights of Indigenous Peoples 56 and all
persons belonging to minorities, their freedoms and right to participate in cultural, religious,
social, economic and public life,57 which may also contribute to political and social stability.58
51.
As can be noted from the very brief snapshot above, the call on freedom of religion
or belief in advocacy, research, activism and practice has expanded substantially over time.
Such expertise, energy and attention can certainly help to address the many freedom of
religion or belief challenges around us and support fulfilment of the mandate. However, the
depth and breadth of this field now requires of us to be more discerning.
52.
The role of religion or belief in international affairs, the engagement of religious or
belief leaders and communities at the international and national levels and efforts to advance
freedom of religion or belief for all may overlap, but they are not interchangeable. The first
two can be pursued without regard to freedom of religion or belief – and even in a manner
that undermines freedom of religion or belief. However, they can also proceed in ways that
are supportive of human rights, either fully or only in relation to those belonging to a
particular religion or belief.
53.
This is not to discourage the welcome efforts to apply freedom of religion or belief
broadly by a wide range of actors in innovative ways. The success of every human right lies
in its mainstreaming, internalization and operationalization into everyday life across sectors
and actors. However, we are called upon to ensure that the human rights framing of freedom
of religion or belief standards is well understood, not least because such standards have been
“dearly won over the centuries”59 by the international community.
54.
In recent years, there has also been a proliferation of references to “persecution” and
“genocide” in the freedom of religion or belief arena. This certainly speaks to the gravity of
crimes and violations that draw from identity politics and the horrendous societal fissures
around matters related to religion or belief. Religion or belief prejudices can certainly result
in international crimes, which demand strong action by the international community. For
their part, those calling out genocide and persecution would do well to take care to calibrate
their language, lest overuse of such terms become counterproductive and unhelpful to the
victims themselves. Where words have a clear legal meaning, those in the human rights
advocacy field need to be aware of the parameters of those words in human rights terms and
to use them accordingly.
55.
What is particularly concerning is where freedom of religion or belief advocacy itself
has undertones of divisiveness. The gravity of one situation should always be called out on
its own merits and, in the human rights arena, in the light of international standards. It is
neither necessary nor helpful for comparisons to be drawn with other targets (persons or
communities) of religion or belief violations in order to make one’s case. What is more, it
creates division and distrust, where collaboration would ultimately prove far more effective
for the advancement of the rights of one and all, everywhere. In short, efforts to call for
advancing human rights should themselves be respectful of human rights standards and
principles. The ends do not justify the means.
D.
Methods of diplomacy for advancing freedom of religion or belief
56.
The methods available to the mandate holder and other actors are not identical and
can be deliberated on more, with a view to greater understanding of where efforts can be
harmonized and where unique opportunities can be adopted, calibrated and sequenced
55
56
57
58
59
GE.23-00741
See https://www.upeace.org/files/Publications/Wiener%20and%20FernandezA%20Missing%20Piece%20for%20Peace.pdf#page=268.
See https://d3lwycy8zkggea.cloudfront.net/1672906209/2022-10-indigenous-rights-final-singlepages.pdf.
A/HRC/40/58, annex II, commitment VI.
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities (General Assembly resolution 47/135, annex), fifth and sixth preambular paragraphs.
European Court of Human Rights, Kokkinakis v. Greece, Application No. 14307/8, Judgment, 25
May 1993, para. 31.
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