A/61/340
with other religions, provided that such literature does not constitute incitement to
religious hatred, as prohibited by article 20 of ICCPR.
C.
Conversion and propagation of religion
55. Since her appointment, the Special Rapporteur has noted that problems related
to religious conversion and the propagation of religion, often referred to as
proselytism, have increased significantly worldwide. In different regions of the
world, States have adopted, or are considering, legislation that would either limit the
possibility of converting from one religion to another or criminalize certain acts that
would encourage such conversion. Moreover, religious communities have put
obstacles in the way of their members who wish to convert to other religions and
have reacted negatively, often with violence, to religious propagation carried out by
other religious groups. The Special Rapporteur addressed this question extensively
in her previous report to the General Assembly (A/60/399, paras. 40-68) and wishes
to re-emphasize that conversion is an essential part of the right to freedom of
religion. She also emphasizes the danger of criminalizing certain acts that fall
within the different aspects of the right to manifest one’s religion, as has been
developed, inter alia, by the Human Rights Committee in its general comment No.
22 (1993).
56. Many religious communities argue that missionary activities for the purpose of
seeking converts is central to their belief. However, for different reasons, including
historical or cultural ones, some religious communities conduct only limited
activities in terms of propagating their religion while others are far more active and
give priority to this aspect of their religious duties. Some so-called non-traditional
religious groups have also been accused of using aggressive or “unethical” forms of
proselytism.
57. In principle, all religious groups and communities of belief agree that
individuals have a right to change their religion and to propagate it. At the same
time while all religious communities fully accept converts to their religion, not all
are either willing or comfortable with their members converting to another religion.
58. The example of Sri Lanka, where a number of draft legislative bills had been
introduced either with the aim of prohibiting conversion or criminalizing certain
forms of so-called unethical conversion, illustrates the controversies surrounding
some forms of conversions. Eventually, the Government, religious leaders,
politicians and the civil society were able to negotiate and come to a compromise in
order to resolve the issue. However, this unique example was made possible in part
because the country is rich in democratic traditions. In a society where open or
honest discourse is denied or threatened, resolving issues of faith and belief is far
harder. For this reason, issues of freedom of religion or belief are, to a certain
extent, linked to the level of democracy of a society.
59. With respect to the concerns raised by the adoption of legislation prohibiting
certain forms of conversion, one has to emphasize that it is very difficult to assess
the genuineness of a religious conversion. This difficulty is essentially due to the
fact that this is a question of conscience, and the freedom of conscience cannot be
controlled objectively. While it may be easy to prove that a person has received a
gift or was moved by another form of inducement, it will not be easy to prove that
that person has converted because of the gift. Under international law, freedom of
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