A/HRC/37/49/Add.2
Rapporteur learned that a registered community is not guaranteed to remain registered, even
if it fully complies with the law. That means that, registered or not, religious communities
do not feel secure to freely and fully exercise their right to freedom of religion or belief.
31.
Under international law, the right to manifest one’s faith in public or in private and
alone or in community with others is an inherent and inalienable right that is not contingent
upon specific State approval or administrative registration. Based on this understanding,
registration should be an optional offer by the State to facilitate the operational functions of
a religious community but not a mandatory legal requirement to practise or manifest one’s
religion or belief. In this context, the situation of non-registered religious communities is a
litmus test of the normative status of freedom of religion or belief in a country.
B.
Proselytism and missionary activities
32.
Article 5 of the 1998 Law bans actions aimed at converting believers of one
confession to another (proselytism) and any other missionary activity. The authorities
explained to the Special Rapporteur that the law does not forbid voluntary conversion of
any individual. However, the Government considers the ban on proselytism and other
missionary activities necessary to maintain harmony and accord among religious
confessions and to protect any claims of religious supremacy or “unethical conversion”
through material enticement, which may lead to other social tensions. The Committee for
Religious Affairs indicated that all efforts to share or preach one’s religion or belief to
others outside registered religious premises were prohibited.
33.
Article 240, part 2 of the Code of Administrative Offences punishes proselytism and
other missionary activities with fines of between 50 and 100 times the minimum monthly
wage or imprisonment of up to 15 days. In addition, the same offence may be sanctioned
under article 216 (2), part 2, of the Criminal Code with a fine from 50 to 100 minimum
monthly wages or arrest and detention of up to six months or imprisonment for up to three
years.
34.
Members of religious groups that are known for proselytism normally face greater
social scrutiny and their neighbours are also more suspicious of their activities. Statecontrolled and State-influenced media have reportedly accused missionaries of sowing civil
discord and called upon all citizens to carry out their “duties” in preventing such groups
from destabilizing or endangering their society. Due to the suspicion and prejudice against
those who proselytize or conduct missionary activities, the Mahalla and the Committee for
Religious Affairs are less inclined to give their written approval for the registration of those
religious groups in order to avoid possible tensions in the neighbourhoods. Sensitivity in
relation to attempts to convert people from one religion to another appeared varied from a
region to another, depending on the local history and context. In general, all types of public
manifestations of one’s faith risked being viewed as “missionary activities”.
35.
Officials and other interlocutors acknowledged that voluntary conversion was
permitted by law and socially accepted in general. However, it was noted that conversion of
an atheist was socially more acceptable than conversion of a person identified with the
Muslim community. The Special Rapporteur heard reports about harassment and
discrimination faced by Muslim converts to Christianity, particularly from neighbourhood
officials, family members and employers. Those persons might experience problems in
registering births, deaths and marriages at the local offices, where officials are
predominantly Muslim. There was allegedly immense pressure on converts not to go
through the baptism rite. Some reported that, as burial grounds are assigned to registered
faith communities, the next-of-kin and the religious leaders may raise issues regarding
carrying out funeral services in accordance with the rites of the religion to which the
deceased may have converted. Others, however, reported that there was collaboration and
accommodation among the different faith communities and family members in relation to
performing the burial rites of those who had converted.
36.
Under international human rights law, the freedom of religion or belief
unequivocally includes the right to bear witness to one’s convictions, to communicate
within and across religious or denominational boundaries and to try to persuade others in a
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