A/HRC/34/50
II. Towards an agenda for implementation
5.
In accordance with the increasing emphasis on implementing human rights reforms,
the Special Rapporteur wishes to focus on operationalizing the right to freedom of religion
or belief. The operational approach to human rights implementation includes traditional
institutional undertaking, which focus on laws, courts and other conventional aspects of
compliance, as well as efforts by the State, through policy, programmes and activities, to
translate commitments to human rights into practice. The Special Rapporteur also wishes to
build on existing synergies within the United Nations framework by working with partners
across the wider United Nations human rights system to mainstream the promotion of the
right to freedom of religion or belief in its work, and to increase the salience of the core
principles related to this right.
A.
Role of the Special Rapporteur
6.
To the extent that the Special Rapporteur serves as the primary focal point within the
United Nations human rights system to promote the right to freedom of religion or belief,
he stresses that the special procedures of the Human Rights Council are most effective
when they work as part of a coordinated and coherent system, as demonstrated by mandate
practice. Such an approach is also in keeping with the holistic conceptualization of human
rights that is necessary for the promotion of the right to freedom of religion or belief.
7.
The special procedures have advanced the advocacy and protection functions of the
Human Rights Council by means of official communications (allegation letters and urgent
appeals) with Governments relating to the tripartite obligation of States to respect, protect
and fulfil the right to freedom of religion or belief in all its dimensions. The mandate also
relies on private communications alleging rights violations from victims and their
advocates, and on reports documenting incidents that are incompatible with international
human rights standards, including proposed legislation by Governments or the activities of
non-State actors. The mandate may employ other forms of communication, including press
releases and social media, to advocate on behalf of alleged victims or in relation to various
incidents and situations. These communications reflect the range of violations relating to
the right to freedom of religion or belief that mandate holders seek to address, and identify
the individuals and communities most vulnerable to abuse. They also highlight the range of
challenges facing duty-bearers and rights-holders globally in realizing the right to freedom
of religion or belief.
8.
The mandate issued a total of 618 urgent appeals and allegation letters to 87 States
between 2004 and 30 November 2016. The majority of communications during this time
frame addressed restrictions relating to manifestations of the right to freedom of religion or
belief, and discrimination and intolerance based on religion or belief. Since the beginning
of his tenure in November 2016, the Special Rapporteur has issued communications
relating to sectarian attacks on religious minorities, apostasy and blasphemy charges,
discriminatory practices relating to the construction of houses of worship, disruption of
peaceful religious gatherings in private homes, the targeting of religious leaders, censorship
of religious views and the confiscation of religious materials.
9.
Sixty-eight per cent of the communications by the mandate on freedom of religion or
belief since 2004 have been jointly issued with other mandate holders. At least 22 thematic
mandate holders have issued 260 joint urgent appeals and 161 joint allegation letters with
the Special Rapporteur on freedom of religion or belief. The
majority
of
joint
communications were issued with the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression, followed by the Special Rapporteur on
torture and other cruel, inhuman and degrading treatment or punishment, the Working
4