A/80/205
15. Penalization for belonging to a particular religion can be embedded into
citizenship laws themselves, for example by hindering the conferment of citizenship
for persons belonging to a particular religion 21 or by empowering the Government to
strip citizenship from individuals residing abroad and engaging in acts vaguely
deemed to be “contrary to the political, economic or social interests” of the country. 22
16. Denial or revocation of citizenship or nationality on the basis of religion or
belief is contrary to the principle of non-discrimination as enshrined in the corpus of
international human rights treaties and also has gender-specific consequences. Under
article 15 of the Universal Declaration of Human Rights, the right to nationality is
guaranteed and the arbitrary deprivation of nationality is prohibited. The right of
children to acquire a nationality is protected under article 24 (3) of the Internationa l
Covenant on Civil and Political Rights and articles 7 and 8 of the Convention on the
Rights of the Child. Under article 9 of the 1961 Convention on the Reduction of
Statelessness, the deprivation of any person or group of persons of their nationality
on religious grounds is explicitly prohibited.
B.
Displacement, refugee camps and asylum centres
17. Violations of freedom of religion or belief can lead to forced internal
displacement, which can, in turn, constitute an ongoing violation of freedom of
religion or belief, and precipitate even further such violations.
18. In the Guiding Principles on Internal Displacement, internally displaced persons
are defined as “persons or groups of persons who have been forced or obliged to flee
or to leave their home or places of habitual residence, in particular as a result of or in
order to avoid the effects of armed conflict, situations of generalized violence,
violations of human rights or natural or human-made disasters, and who have not
crossed an internationally recognized State border”. 23 Protection for such persons
should include protection from displacement, protection and assistance during
displacement, and return or resettlement and reintegration, 24 and such protection must
also be considered through a freedom of religion or belief lens.
19. According to jurisprudence from regional human rights systems, the eviction of
Indigenous Peoples can amount to “an unjustifiable interference with the freedom of
religion”. 25 It has also been established that Indigenous Peoples’ identities are based
on “their unique relationship with their traditional lands”, which underscores their
claims to those lands. 26 The forcible displacement of Indigenous Peoples has also led
to their inability to bury their dead, conduct spiritual rituals 27 and carry out their
cultural and religious practices. 28
__________________
21
22
23
24
25
26
27
28
6/23
A/75/385, para. 27. See also communication OL IND 2/2019.
Confidential submission.
E/CN.4/1998/53/Add.2, para. 2.
Ibid., para. 1.
See www.african-court.org/cpmt/storage/app/uploads/public/5f5/5fe/9a9/
5f55fe9a96676974302132.pdf.
See www.corteidh.or.cr/docs/casos/articulos/seriec_214_ing.pdf . See also A/77/514.
See www.corteidh.or.cr/docs/casos/articulos/seriec_124_ing.pdf . After a military massacre of an
Afro-religious community, which led to the displacement of the survivors, the Inter -American
Court of Human Rights found that the inability to bury the dead or perform spiritual rites
violated the right to conduct cultural and religious practices.
See www.corteidh.or.cr/docs/casos/articulos/seriec_328_ing.pdf . The Inter-American Court of
Human Rights found that the State had failed to take adequate steps to ensure the community’s
return after the Government forcibly displaced many people and killed all Mayan priests in a
village, leading to the loss of cultural and religious practices. See also A/HRC/58/49,
sect. IV.B.2.
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