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. 23-14116

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