A/80/205
this arena. The report benefited from 28 inputs and from rich contributions from 41
people during two hybrid brainstorming workshops held to garner feedback. 8
II. Scope of the report
6.
Persons or groups on the move have in common that they are away from their
original home environment, from the stability of a previous community, from their
neighbours and from the solace of their religion or belief community. They may be in
vulnerable situations in relation to their legal status and their lack of societal support
structures. Encountering new communities, realities and ideas can inspire people to
deepen their connection with their religion, beliefs and belonging, or to explore or
investigate it. Freedom of religion or belief is not less important for people in such
contexts; rather, it has heightened relevance and resonance.
7.
Nevertheless, the freedom of religion or belief of people on the move is often
overlooked, misunderstood or explicitly denied. It is often assumed that those
populations have other rights priorities, such as education, decent work 9 and
resettlement in the case of internally displaced persons, asylum -seekers and refugees.
Although those rights are no doubt vital, the present report serves to draw attention
to the critical need to assess and provide for their freedom of religion or be lief.
8.
After all, some persons on the move have found themselves in that new reality
as a consequence of war crimes, crimes against humanity, genocide or being rendered
stateless on the grounds of their religion or belief. They may find that discriminatory
structures persist from the State of origin to the transit State and the State of
destination, whether in terms of religious exclusivity or preference 10 regarding
resettlement or citizenship tests that serve to exclude particular religions or beliefs,
or other hostilities and biases.
9.
Overall, in the consideration of, and processes concerned with, persons on the
move, freedom of religion or belief receives insufficient consideration. That is the
case across the spectrum, whether in terms of resettlement interviews in the case of
asylum-seekers and refugees; the disregard of camp officials for the freedom of
religion or belief of internally displaced persons, refugees and those rendered
stateless; the work environment of migrants; or other contexts.
10. In the present report, the Special Rapporteur provides an overall snapshot of the
significance of the freedom of religion or belief, recalls its strong legal underpinning,
provides an overview of its widespread violation and calls urgently for its respect .
III. Freedom of religion or belief in the context of migration
11. Six key aspects of the enjoyment of the freedom of religion or belief of people
on the move are explored in more detail below. The many ways in which this right is
routinely overlooked, misunderstood or explicitly denied to them, resulting in
multilayered and multifaceted violations against them, are set out. Lack of protection
__________________
8
9
10
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Warm appreciation is extended to Kimberlie Orr, Domenic Canonico and their colleagues at the
Lindsay and Matt Moroun Religious Liberty Clinic at the University of Notre Dame for research
support; to the International Centre for Law and Religion Studies for its generous hosting of two
hybrid consultations, to David Griffiths for facilitating them and to all participants for their
generous contributions; to Helle Dahl Iversen and Gihan Indraguptha of the Office of the United
Nations High Commissioner for Human Rights; and to Daniel Cloney and Lily Jeffrey at
Regent’s Park College, University of Oxford.
See www.ilo.org/topics-and-sectors/decent-work.
A/HRC/49/44, para. 51.
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