A/80/205
of the “average” migrant worker, alleging that certain practices can be carried out
only by those on missionary or religious-worker visas.
56. Mandate holders have previously noted the poverty suffered by people on the
move, given their insecure, low-paid or lack of employment, where such
disadvantages are exacerbated and their access to basic services is limited due to their
religion or belief, for example as Muslims. Such poor living conditions, violations of
labour rights and fear of deportation considerably heighten vulnerability to human
rights violations, including sexual abuse. 91 Such contexts of “exclusionary practices
and policies may cause ‘coercive assimilation’” by placing migrants and people on
the move “under pressure to conform with majoritarian norms and values or hide their
identity”. 92
57. The provisions of the International Convention on the Protection of the Rights
of All Migrant Workers and Members of their Families apply to all migrant workers
and members of their families “without distinction of any kind such as … religion or
conviction”. 93 Under the Convention, the right to freedom of religion or belief of
migrant workers and their families, including the right “to have or to adopt a religion
or belief of their choice and freedom either individually or in community with others
and in public or private to manifest their religion or belief in worship, observance,
practice and teaching”, is protected. 94 Also under the Convention, mirroring the
International Covenant on Civil and Political Rights, migrant workers and their
families are protected against coercion that would impair their freedom to have or
adopt a religion or belief of their choice, the gro unds for any limitations on
manifestation of religion or belief are stipulated, and the rights of parents and/or legal
guardians to ensure the moral and religious education of their children in conformity
with their own convictions are guaranteed. Torture and other cruel, inhuman or
degrading treatment or punishment against migrant workers and members of their
families are prohibited. 95
58. In communications under the mandate 96 and Human Rights Committee
jurisprudence, reference has been made to expulsions on account of religious activity,
with residency revoked on the grounds that the person concerned was not registered
as a foreign missionary. The Committee concluded that the person concerned was
engaged in activity protected by article 18 (1), under which all members of a religious
congregation, not only missionaries, and not only citizens, were protected; that the
harsh consequences for the person concerned, who was facing de portation, amounted
to a limitation his right to manifest his religion; and that no legitimate basis for
limiting that right under article 18 (3) had been identified by the State Party. 97
IV. Good practices by civil society and faith-based organizations
59. The examples below indicate how a range of entities around the world are
working to ameliorate the plight of persons on the move and to address the widespread
de-emphasis, sidelining or denial of their freedom of religion or belief. Such examples
serve as inspiration of what more can be done.
__________________
91
92
93
94
95
96
97
25-11829
A/HRC/46/30, para. 33.
Ibid., para. 34.
International Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families, arts. 1 (1) and 7.
Ibid., art. 12.
Ibid., art. 10.
See communications JOR 3/2014, KAZ 1/2014, TUR 14/2020 and UZB 6/2012.
CCPR/C/112/D/2131/2012, para. 9.4.
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