A/64/159
D.
Persons belonging to national or ethnic, religious and
linguistic minorities
29. The mandate-holders’ reports illustrate that persons belonging to national or
ethnic, religious and linguistic minorities are in a vulnerable situation with regard to
their right to freedom of religion or belief. The identity of many minorities is
defined by various aspects, and several instances of discrimination, for example
when based both on racial and on religious motives, are aggravated by the effects of
these multiple identities. Religious minorities face various forms of discrimination,
for example with regard to official registration procedures or undue limitations
when disseminating materials and displaying religious symbols. Furthermore, some
religious minorities are adversely affected by manifestations of intolerance, threats
or acts of violence perpetrated by non-State actors, which are often tolerated or
encouraged by the authorities.
30. The Special Rapporteur would like to remind that persons belonging to
minorities have the right to profess and practise their own religion, in private and in
public, freely and without interference or any form of discrimination, as well as the
right to participate effectively in cultural, religious, social, economic and public life.
When abuses against members of religious minorities are committed by non-State
actors, the human rights obligations of States also consist in ensuring the free
exercise of freedom of religion or belief and bringing the perpetrators of
discriminatory or violent acts to justice. States should also take measures to create
favourable conditions to enable persons belonging to minorities to express their
characteristics and to develop their culture, language, religion, traditions and
customs, except where specific practices are in violation of national law and
contrary to international standards. 15 The outcome document of the Durban Review
Conference also affirms that the existence and the national or ethnic, cultural,
religious and linguistic identity of minorities shall be protected, and that the persons
belonging to these minorities should be treated equally and enjoy human rights and
fundamental freedoms without discrimination of any kind. 16
31. In many States in different regions of the world, members of so-called
non-traditional or new religious movements are the object of suspicion, both on
administrative and societal levels, and some of them are subjected to serious
limitations of their right to freedom of religion or belief. The Special Rapporteur
would like to reiterate that the terms “religion” and “belief” are to be interpreted in
a broad sense and that human rights protection is not limited to members of
traditional religions or to religions and beliefs with institutional characteristics or
practices analogous to those of traditional religions. The contents of a religion or
belief should be defined by the worshippers themselves, while their freedom to
manifest their religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals
or the fundamental rights and freedoms of others.
__________________
15
16
09-40869
See Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities, article 4, para. 2.
A/CONF.211/L.1, para. 82.
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