A/78/207
criminal law 57 and international humanitarian law. 58 Occupying powers are obliged to
permit ministers of religion to give spiritual assistance to members of their religious
communities and to accept and facilitate the distribution of religious material. 59 Under
article 18 (3) of the International Covenant on Civil and Political Rights, States may
limit the right to manifest freedom of religion or belief only in exceptionally rare
cases; 60 moreover, under article 4, national security is not a ground for limitation, nor
is article 18 subject to derogation in times of public emergency. The right to have,
adopt or change religion or belief cannot be restricted under any circumstances.
52. Nonetheless, armed forces are often found to be directly involved in the most
violent acts of repression based on religion or belief, including acts of gen ocide,
forced displacement, forced conversions, sexual and gender-based violence,
enslavement, the destruction and desecration of places of worship, the destruction of
homes and the pillaging of the resources of religious minorities. 61 Communications
issued by the mandate holder in 2022 and 2023 include allegations of discriminatory
displacement of Rohingya Muslims and Christians in Myanmar, the obstruction of
faith-based humanitarian aid projects, 62 the targeting and destruction of places of
worship in Myanmar and Ukraine 63 and alleged arbitrary arrests of Palestinian
Muslims and other worshippers in the Old City of Jerusalem. 64
53. Military personnel must be adequately trained in relevant international human
rights law, international humanitarian law and international criminal law standards
relating to freedom of religion or belief. Suspected violations must be promptly,
thoroughly and effectively investigated and prosecuted, and victims and survivors
must be provided with adequate redress and just satisfa ction.
54. Successive mandate holders have asserted that the right to conscientious
objection from compulsory military service forms part of the right to freedom of
thought, conscience, religion or belief. They have done so drawing on Human Rights
Committee jurisprudence and resolutions of the Human Rights Council and the
Commission on Human Rights. States must facilitate alternative forms of service for
those who, within a reasonable time frame, assert their conscientious objection to
military service. Access to conscientious objection should not be limited to only
certain religions, faiths or professions.
G.
National human rights institutions
55. National human rights institutions established in conformity with the principles
relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles) 65 can play a significant role in the defence and
promotion of freedom of religion or belief. The structures and mandates of national
human rights institutions vary significantly and include ombudspersons, public
__________________
57
58
59
60
61
62
63
64
65
12/24
Ibid., art. 8 (2) (b) (ix).
Protocols Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts (Protocol I), arts. 53 and 85 (4) (d); and Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of Non-International Armed Conflicts (Protocol II), art. 16.
Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of
War, art. 58.
A/73/362, para. 54.
A/HRC/49/44, paras. 23–31.
OHCHR, communication sent to the de facto authorities in Myanmar (OTH 11/2022).
OHCHR, communications sent to the Government of the Russian Federation (RUS 18/2022) and
to the de facto authorities in Myanmar (OTH 11/2022).
OHCHR, communication sent to the Government of Israel (ISR 8/2022).
General Assembly resolution 48/134, annex.
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