A/HRC/4/21/Add.1
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and Reasons’, is to prevent “unlawful conversion” which “at times has caused annoyance in the
community belonging to other religions”. Additionally such “unlawful conversions” would cause
a “law and order problem for the law enforcing machinery of the State.”
171. The new legislation specifies that those found guilty of converting or attempting to
convert someone through allurement or forceful or fraudulent means, could face a minimum
prison term of two years or a fine which may extend to 50,000 Indian rupees (approximately US
$ 1,125). The Governor of Rajasthan has refused to sign the bill on 18 May 2006.
Observations
172. The Special Rapporteur is concerned that she has not received a reply from the
Government concerning the above mentioned allegation. The Special Rapporteur urges the
Government to ensure compliance with article 18 of the Universal Declaration of Human Rights
which clearly states that the right to freedom of thought, conscience and religion “includes
freedom to change his religion or belief and freedom, either alone or in community with others,
and in public or private, to manifest his religion or belief in teaching, practise, worship and
observance”. Moreover, she reminds the Government that she is still awaiting a reply to her
request to visit the country.
173. Furthermore, the Special Rapporteur would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Teaching and disseminating materials, including missionary activity” (see
above para. 1, category I. 3. f). In her 2005 report to the General Assembly, she noted the
following (see A/60/399, para. 62): “Whereas the scope of freedom afforded to persons for the
practice of their religion or belief by producing and distributing information about their religion
or belief is wide, certain limitations can be imposed in accordance with article 18, paragraph 3, of
the Covenant. However, it should be noted that this article allows for restrictions only in very
exceptional cases. In particular the fact that it mentions the protection of “fundamental rights and
freedoms” (emphasis added) of others as a ground for restriction indicates a stronger protection
than for some other rights whose limitation clauses refer simply to the “rights and freedoms of
others” (e.g. article 12, 21 and 22). It could indeed be argued that the freedom of religion or
belief of others can be regarded as such a fundamental right and freedom and would justify
limitations to missionary activities, but the freedom of religion and belief of adults basically is a
question of individual choice, so any generalized State limitation (e.g. by law) conceived to
protect “others’” freedom of religion and belief by limiting the right of individuals to conduct
missionary activities should be avoided.”
Indonesia
Urgent appeal sent on 19 January 2006
174. The Special Rapporteur was concerned about Ms. Lia Aminuddin, leader of the Eden
Community. According to the allegations, on 28 December 2005, a group of Muslims surrounded
the Eden Community’s premises on Jl. Mahoni, Jakarta, and threatened to burn it down. In
response, the Jakarta police took Ms. Aminuddin and her followers into custody under the pretext
of protecting them. Ms. Aminuddin was later formally charged with blasphemy. The other