A/HRC/52/38
B.
Advancing the work of the mandate
35.
The key means of advancing the work of the mandate28 is through communications,
thematic reporting and country visits.
36.
Communications include advocacy letters, in which a mandate holder seeks to prevent
or remedy alleged violations of freedom of religion or belief in particular States, letters
offering guidance on emerging or existing policies and public statements. Advocacy letters
remain confidential for 60 days to allow States the opportunity to provide a substantive
response and to remedy the situation. These largely remain unanswered, however, which only
indicates the veracity of the allegation. In its resolution 49/5, the Human Rights Council
urged all Governments to cooperate fully with the Special Rapporteur and to provide the
mandate holder with all the information necessary to enable her to fulfil the mandate more
effectively.29 The mandate holder considers that communications offer a unique opportunity
for engagement, because they offer the opportunity for a substantive dialogue and
cooperation with States, civil society organizations, victims and other stakeholders,
connecting human rights standards to concrete situations. She will prioritize communications,
including the transmittal of letters to States following up on previous recommendations. In
the first five months since taking up the mandate, the Special Rapporteur sent 22
communications.
37.
The mandate holder has made some revisions to the underlying structure of the
mandate’s framework for communications. 30 The Special Rapporteur will also publish a
second edition of the Rapporteur’s Digest on freedom of religion or belief, with new
normative texts and pertinent thematic excerpts from reports issued under the mandate.31
38.
Through thematic reporting, mandate holders draw attention to opportunities to
advance freedom of religion or belief for all, emerging challenges, neglected topics, areas
requiring urgent attention and, on occasion, areas witnessing improvement. The Special
Rapporteur has devised a number of specific activities in order to follow up on previous
thematic reports issued under the mandate.
39.
The mandate holder will focus reports and public engagement activities in the coming
years on areas including freedom of religion or belief and the prohibition of torture and other
cruel, inhuman or degrading treatment, and freedom of religion or belief and displacement,
addressing migrants, refugees and internally displaced persons.
40.
Despite the fact that two thirds of States Members of the United Nations have issued
standing invitations to allow thematic special procedure country visits, the process of
securing a country visit and agreeing upon mission dates with those and other States remains
very time consuming. The mandate holder has mapped the regions and countries that have
had previous visits, and will be mindful of that record in planning future country visits. A
total of 45 country visits under the mandate have been conducted over the past 36 years.
Many of the recommendations emanating from those visits are still highly pertinent, and the
respective States are urged to reconsider those recommendations and be in touch with the
mandate holder for any support. The recommendations are also highly relevant to the
universal periodic review process, stakeholder reports submitted in the context of the
universal periodic review and shadow reports to relevant treaty bodies. The mandate is keen
to provide technical advice and assistance to States and other actors who seek to advance
freedom of religion or belief.
41.
The three dimensions of freedom of religion or belief make this freedom relevant to
every United Nations human rights treaty body. The Human Rights Committee’s general
28
29
30
31
8
And the special procedures, in general.
See also https://www.oas.org/dil/treaties_b-32_american_convention_on_human_rights.pdf.
Developed by Asma Jahangir. See E/CN.4/2006/5, annex. The updated framework for
communications is available from
https://www.ohchr.org/sites/default/files/documents/issues/religion/2023-01-24/SR-religionFramework-for-communications.pdf.
The first edition of the Digest is available from https://www.ohchr.org/en/documents/tools-andresources/special-rapporteurs-digest-freedom-religion-or-belief.
GE.23-00741