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
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