A/HRC/61/41
centres, have faced burdensome registration procedures and differential treatment in recent
legislation. In China, all religious groups are required to register through State-controlled
“patriotic” religious associations; communities that refuse to do so are denied legal status,
criminalized and subjected to surveillance and the closure of places of worship, and their
members are placed in detention.58
73.
Discriminatory fiscal treatment of civil society organizations that allow for religious
minorities to exert collectively their rights is also problematic. In several countries,
recognized or majority religions benefit from tax exemptions, public subsidies or State
funding for clergy salaries and religious infrastructure, while minority religions are excluded
from such schemes or subject to additional financial burdens. In numerous European States,
religious minority communities lack the legal status to benefit from tax exemptions or the
public funding available to established churches, placing them at a structural disadvantage.
Identically, the Waqf (Amendment) Act, 2025, in India infringes the capacity of Muslim
communities to own and operate places of worship.59
C.
Root causes of minority issues
74.
The Special Rapporteur highlights with the present study that it is the root causes
generating minority issues that differ, rather than the issues themselves. The root causes of
minority issues are not the same in Africa as in the Americas, the Caribbean, Asia, Europe
or the Pacific region. The root causes are the historical and contextual elements that led some
groups within the population of a given State to be in a minority situation. The first
historically identified root cause is linked to nation-building. Initially considered as a
European issue that emerged in the first part of the twentieth century, nation-building has
been (and is still) taking place in many parts of the world and is still creating or exacerbating
minority issues. A second root cause generating minority issues is the displacement of
populations, whatever the reason for such displacement. A third cause, which is not without
links in specific situations with the two first causes, is decolonization. A fourth cause is the
existence and the perpetuation of deeply embedded discriminatory social hierarchies.
Another enduring root cause of minority issues is the existence of non-sedentary populations
within sedentary societies.
1.
Nation-building
75.
Nation-building describes the process through which a people realizes their right to
self-determination by building a democratic State, in which the holder of sovereignty is the
people, that is the nation.60 Such processes largely took place in Europe in the nineteenth
century and after the First World War.61 National States were built on the specificities that
defined the nation of each given State, including emphasizing what distinguished its
population from neighbouring nations. As a result, the inhabitants of the State territory who
did not share the national characteristic of the dominant national group became “national
minorities”.
76.
The specificities of nation-building in decolonization processes are addressed below.
Except for some rare States that proclaim themselves multinational (such as the Plurinational
State of Bolivia), most State nation-building leads to discrimination against minority groups.
For example, China has since 2012 undertaken a nation-building process (to complement or
replace the ideological foundations of the Chinese State under the leadership of the Chinese
Communist Party) which has as an effect, despite constitutional provisions, the
58
59
60
61
GE.25-20927
See www.chinasource.org/resource-library/blog-entries/the-2023-regulations-for-religious-activitysite-registration/.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=30319.
Liah Greenfeld, Nationalism: Five Roads to Modernity (Harvard University Press, 2003).
On 11 June 1918, President of the United States, Woodrow Wilson stated: “National aspirations must
be respected; people may now be dominated and governed only by their own consent.”
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