A/HRC/31/18/Add.1 mental illnesses, in which it stressed that homosexuality was not an illness to be treated. While article 534 of the Penal Code states that sex acts “against nature” are a criminal offence punishable by imprisonment, in 2014 a court ruled that same-sex relations were in fact not a violation of the Penal Code. The Special Rapporteur encourages the ongoing discussions on the decriminalization of same-sex relations, including by challenging religious “justifications” for homophobic attitudes. F. Ambiguities of political confessionalism 63. The cautious approach taken to preserve the existing interreligious balance can be witnessed in various social spheres, such as the labour market, the public service sector and, in particular, the political system. Although, in the wake of the Taif Accords, the Constitution now proclaims a commitment to ultimately overcome political confessionalism, informal and formal religious quotas continue to shape expectations, mentalities and careers. In discussions with the Special Rapporteur, people often expressed their concern at the fact that the post of President of the Republic, traditionally reserved for a Maronite, had been vacant since May 2014. Many Christians saw this as further proof of their demise in the region. 64. In discussions on this issue, most people agreed that the existing system ha d both advantages and disadvantages. On the one hand, it ensured stability and predictability among religious communities (which in such a volatile political context as the Middle East can certainly be seen as an advantage); on the other, it could weaken the principle of common citizenship and exacerbate political fragmentation. 65. The fact that social and political opportunities depend so much on affiliation to an officially recognized religious community can at times lead to situations that some interlocutors described as “schizophrenic”. For instance, people who openly regarded themselves as non-believers still had to refer to their religion of origin when applying for certain posts, and some members of non-recognized religious communities continue to be registered as Orthodox or Catholic. The Special Rapporteur encountered numerous examples of such discrepancies between formal membership and actual belief. As a result, many people have an incentive to pretend (at least in certain circumstances) to follow a religion that they have actually abandoned or replaced by another belief. While some people do not mind such pretence, others feel that it runs counter to their principles of moral and religious authenticity. 66. From the perspective of freedom of religion or belief, this situation gives r ise to concern. The way in which religious membership is deeply interwoven with political, social and economic opportunities obliges many people to use religion as a “ticket” for gaining access to certain services or posts. Individuals whose beliefs do not fit into the system thus face a dilemma: they either have to use the religious “ticket” against their true convictions or risk forfeiting certain social opportunities; in other words, a choice between self-betrayal and self-marginalization. Disentangling political and societal opportunities from religious belonging, in accordance with the Taif Accords, would thus also be in the interest of freedom of religion or belief. It would help to create an open, inclusive society based on common citizenship, in which religious diversity can unfold openly, authentically and without discrimination. 67. The current wave of religious extremism in the Middle East, which threatens to wipe out all traces of religious diversity, not only of the present but also of the 16

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