A/HRC/4/21
page 14
exclusion from certain functions. The document is so far only available in the original French
language version and the Special Rapporteur would like to reiterate the request by the
Commission on Human Rights in resolution 2004/36 that “from existing available resources and
if necessary supplemented by voluntary contributions, the [study should] be translated into the
other official languages of the United Nations and published as an official document”.
B. Violations linked to counter-terrorism measures
40.
The Special Rapporteur has received numerous allegations that national counter-terrorism
measures adopted in the post 9/11-context have had and continue to show adverse effects on the
enjoyment of freedom of religion or belief worldwide. The Special Rapporteur notes that these
allegations relate both to countries where Muslims form a minority of the population and also
where they are in the majority. On many occasions, members of groups perceived to hold
extreme religious views have been harassed, arrested or deported. The Special Rapporteur is
conscious of the fact that the States’ obligation to protect and promote human rights requires
them to take effective measures to combat terrorism. However, she would like to underline that
States must ensure that any measure taken to combat terrorism complies with their obligations
under international law, in particular international human rights, refugee and humanitarian law.
41.
Already in June 2003, the tenth meeting of special rapporteurs/representatives, experts
and chairpersons of working groups of the special procedures of the Commission on Human
Rights and of the advisory services programme addressed the fact that the anti-terrorism
measures adopted by some States could include elements, or have unintended consequences, that
undermined respect for fundamental human rights. Concerns were raised that some groups had
been specifically targeted, such as migrants, asylum-seekers or members of particular national,
racial or religious groups. While sharing in the unequivocal condemnation of terrorism, the
participating mandate-holders in their joint statement (E/CN.4/2004/4, Annex 1) voiced their
“profound concern at the multiplication of policies, legislation and practices increasingly being
adopted by many countries in the name of the fight against terrorism which affect negatively the
enjoyment of virtually all human rights - civil, cultural, economic, political and social”.
42.
In his latest report to the Commission on Human Rights, the Special Rapporteur on the
promotion and protection of human rights and fundamental freedoms while countering terrorism,
Martin Scheinin, identified a current trend in counter-terrorism measures by States to tighten
immigration controls, including through so-called racial, ethnic or religious profiling. When
reviewing the State reports to the United Nations Counter-Terrorism Committee, Mr. Scheinin
stated that “it is well known that States frequently apply terrorism definitions that either do not
meet the requirements of ICCPR article 15 (nullum crimen sine lege, nulla poena sine lege,
non-retroactivity) or, even worse, are designed in bad faith to outlaw political opposition,
religious entities, or minority, indigenous or autonomy movements that have never resorted to
violence against persons”. (E/CN.4/2006/98, para. 62.)
C. Religious minorities and new religious movements
43.
As noted in previous reports, religious minorities and new religious movements face
various forms of discrimination and intolerance, both from policies, legislation and State
practice. Issues of concern relate to obstacles in the official registration procedures as well as
inappropriate limitations when disseminating materials and displaying religious symbols.