A/78/207
defenders, commissions, institutes and advisory bodies. In the present report, the term
“national human rights institutions” is used to refer to national human rights
institutions and to analogous institutions.
56. National human rights institutions can carry out several functions supportive of
freedom of religion or belief. They may have mandates to focus on particular human
rights issues, such as gender discrimination or women’s rights, and they may address
freedom of religion or belief from an intersectional perspective 66 and/or through
interfaith dialogue. 67 Owing to their proximity and accessibility to rights holders, they
can serve as the primary institution monitoring, documenting or respondi ng to alleged
violations of freedom of religion or belief.
57. The mandate holder received reports on the alleged positive impact of national
human rights institutions in promoting freedom of religion or belief, through the
endorsement of the National Charter for Peaceful Coexistence in Tunisia 68 and
collaborations with civil society in promoting the ratification of the regional
regulation on human rights and friendly cities by the municipal legislature of Bogor,
Indonesia. 69
58. Many national human rights institutions do not fulfil their tremendous potential
regarding freedom of religion or belief. The mandate holder has received reports of
such institutions being unwilling to engage or unresponsive in relation to widespread
violations of freedom of religion or belief against stigmatized religious minorities. 70
A related risk is the lack of professionalism in the investigations carried out, owing
to either a lack of resources to deal with complaints or simply a lack of knowledge of
or sensitivity to religious or belief issues. States should ensure that national human
rights institutions are adequately funded and trained with respect to the international
standards on freedom of religion or belief.
59. National human rights institutions must be fully independent from Governments
and protected from any potential reprisals for highlighting or challenging violations
of freedom of religion or belief. Their composition should reflect the diversity of
religions or beliefs in wider society, including religious, non -religious and belief
minorities and minorities within minorities.
60. State actors charged with protecting the rights of indigenous peoples, combating
racism, gender inequality or other forms of discrimination or overseeing mechanisms
for the prevention of torture also have key roles, especially in conflict prev ention and
resolution. Such institutions must be trained in international standards on freedom of
religion or belief and be able to make the specific forms of multiple disadvantage that
may arise visible.
H.
Judiciaries
61. Judicial authorities at all levels have the duty and authority to affect the
enjoyment of freedom of religion or belief. A strong, independent judiciary represents
an effective safeguard against rights violations, where they ensure that domestic law
is implemented in conformity with the State’s international human rights obligations,
including freedom of religion or belief. However, judiciaries are often the material
authors of violations, through their role in enforcing laws that violate the freedom of
religion or belief, such as laws on apostasy and blasphemy, which may even carry the
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67
68
69
70
23-14116
Submission by Komnas Perempuan.
Submission by the Defensoría del Pueblo de la Nación Argentina.
Submission provided by Attalaki.
Submission by the Indonesian Civil Society Coalition for Freedom of Religion or Belief.
Submissions provided by Equality Myanmar, Minority Rights Group and Forum 18.
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