E/CN.4/1992/52
page 163
124. On the other hand, in its reply to the questionnaire, the Government of
Germany indicated that "Article 4 (1) [of the Basic Law] guarantees freedom of
faith and conscience ... This also includes the right to canvass support for
[one's] own faith or to try and convert others."
125. On the basis of the experience he has acquired over the years, the
Special Rapporteur has concluded that members of sects or religious entities
which are perceived as such are the most frequent subjects of persecution
for proselytism. As mentioned above, in Indonesia some minority religious
communities have been described as "misleading religious cults" and have been
banned as a consequence. Members of the Jehovah's Witnesses faith, whose
religious tenets include preaching their religion to others, have also been
persecuted in this connection in a number of countries. The incidents reported
in this connection have ranged from withdrawal of legal status and confiscation
of property to physical abuse and, in one reported case, death.
126. Persons belonging to minority religious communities which are not
considered as sects have also been persecuted in several countries. In Nepal,
persons charged with disseminating Christianity have reportedly been sentenced
to six years' imprisonment; others have been beaten and threatened with more
violent acts if they continued to practise the Christian faith. Persons
disseminating Christianity have allegedly also been prosecuted in Turkey
and the Islamic Republic of Iran.
127. Apostasy from and conversion to a different religion, even if it is an
officially recognized one, may entail extremely serious consequences in a
number of countries. In their replies to the questionnaire, most Governments
did not deal explicitly with this issue. The majority provided general
answers with regard to the freedom of religion, which may also comprise
the right to change one's religion. In their replies to the questionnaire,
no country stated explicitly that apostasy or converting to a different
religion was illegal. Nevertheless, in the exercise of his mandate, the
Special Rapporteur's attention has been drawn to the legislative provisions
concerning apostasy and the individual situation of persons in a number of
countries. Capital punishment is said to be applied for apostasy in
Mauritania, Saudi Arabia and Sudan. The Special Rapporteur has also been
informed that persons who have converted from the Muslim faith in the Islamic
Republic of Iran have even been executed. Persons who had converted from the
Muslim faith to Christianity in Egypt have reportedly been imprisoned and are
said to have been subjected to ill-treatment. Persons have reportedly also
been incarcerated for converting to Christianity in Nepal and have suffered
job discrimination in the same context in India.
(d)
Application of the principle of reciprocity as regards the practice
of religion bv foreigners
128. The Special Rapporteur was pleased to note that the majority of States
reported that they did not apply this principle on their territory and that
foreigners had the same rights as nationals in regard to freedom of religion,
thought and conscience and enjoyed the same protection as citizens. Numerous
Governments indicated that this question did not arise due to the prevailing
climate of freedom. The principle of reciprocity in relation to the practice
of religion has not been formally enshrined in the laws of the majority of
countries that provided replies to the questionnaire.