A/78/207
or regional laws, 11 as do many submissions received for the present report. Many
concerns have stemmed from the establishment of official religions and religious legal
codes at the State or regional level, 12 resulting in discrimination and violations of
freedom of religion or belief and other human rights. Further problematic examples
include regional prohibitions on the activities of minority faiths, 13 explicit or de facto
prohibitions on conversion 14 or the imposition of specific laws for adherents to
particular faiths. 15
20. Even in the absence of an official religion, in some cases, religious prayers or
rituals are observed during the official business of local governmental institutions,
such as devolved parliaments. Such practices can become symbolic of marginalization
and may disadvantage functionaries or officials who practice minority religions or
beliefs. 16 The Special Rapporteur has also highlighted cases of reprisals against State
functionaries belonging to minority communities for legitimate expressions of their
religion or belief. 17 The right of civil servants to freedom of religion or belief, and
associated rights, must also be upheld.
21. The mandate holder has received alarming allegations of the inaction or direct
involvement of functionaries of local government in life-threatening attacks against
individuals, including human rights defenders, on the basis of their real or perceived
religion or belief. 18 Such actions or inaction place individuals or groups in grave danger.
22. A cynical utilization of discriminatory rhetoric based on religion or belief
identity may be used to gain popularity or foster political support for officials or
authorities. Such rhetoric can contribute to acts of violence by State or non-State
actors against minorities, exacerbating conflict and damaging the social fabric. The
trend towards polarized political discourse, characterized by disrespect and enmity,
often reaches its most vitriolic at the local level. It is at that level where functionaries
and elected officials must be held to account and must embody the values of
democracy and human rights, even at the risk of short-term political disadvantage.
Such accountability can help to prevent or stem sociopolitical conflict, violence and
human rights violations.
23. State obligations under international human rights law are enduring. Neither the
devolution of powers, including the power to legislate in autonomous regions, nor the
recognition of an established religion or religious authorities alter s that requirement.
States have the obligation to ensure that autonomous municipal and regional
governments act in accordance with human rights. The rule of law must be respected
by all State functionaries.
24. Those who encourage or facilitate acts of violence or discrimination against
individuals or groups on the basis of their religion or belief, or who fail to respond
adequately, must be held accountable. Access to justice and repar ations for victims
must be assured.
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15
16
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OHCHR, communications sent to the Governments of India (IND 4/2022 and IND 9/2022),
Somalia (SOM 4/2022) and Yemen (YEM 2/2022) and to the de facto authorities in Yemen (OTH
124/2022) and Somaliland (OTH 129/2022).
Submissions provided by the Defensoría del Pueblo de la Nación Argentina (the national human
rights institution of Argentina), the Indonesian Civil Society Coalition on Freedom of Religion or
Belief and Sisters in Islam.
Submission provided by the Indonesian Civil Society Coalition on Freedom of Religion or Belief.
Submission provided by Minority Rights Group.
Submission provided by Sisters in Islam.
Submission provided by Humanists UK.
OHCHR, communication sent to the Government of Hungary (HUN 1/2022).
OHCHR, communications sent to the Governments of Bangladesh (BGD 1/2022), Guatemala
(GTM 8/2022) and Pakistan (PAK 2/2022).
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