A/HRC/6/5
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duty to promote and respect international human rights standards for the treatment of prisoners,
in particular the right to freedom of religion. Finally, the religious beliefs of a detainee should
under no circumstances be used by the authorities against the detainee in order, for instance, to
extract information from him or her.
3. Refugees
30. Refugees, internally displaced persons and asylum-seekers also face problems worldwide
both on legal and factual levels, for example on their domestic or international refugee routes or
when applying for asylum on religious grounds. Decision makers have been criticized for not
always taking a consistent approach, especially when applying the term “religion” contained in
the refugee definition of the 1951 Convention relating to the Status of Refugees and when
determining what constitutes “persecution” in this context.3 Furthermore, detailed knowledge of
the applicant’s religion does not necessarily correlate to the risk of persecution since individuals
may get persecuted also for imputed beliefs. The Special Rapporteur would like to emphasize
that religion based refugee claimants - in line with the standards as to the other Convention
grounds - should not be required to hide their religion or to practise in secret in order to avoid
persecution.
31. Moreover, the principle of non-refoulement according to article 33 of the 1951 Geneva
Convention may be connected to freedom of religion or belief, since no Contracting State shall
expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories
where his life or freedom would be threatened on account of his religion. Persecution can also be
linked to conscientious objection to military service when the punishment for desertion or draft
evasion is disproportionate for a Convention reason or when the refusal to serve is based on
genuine political, religious, or moral convictions, or valid reasons of conscience. The assessment
of the asylum application may be particularly complicated concerning refugees sur place,
i.e. persons who were not refugees at the time of leaving their country, but who become a
refugee at a later date. Suspicions regarding the sincerity of asylum claims arise particularly
when the asylum-seeker becomes a refugee sur place as a result of his own actions, e.g. by
converting after his arrival in the country of asylum to a religion which would make him prone to
persecution in his home country if he were to be returned. However, such conversion post
departure should not give rise to a presumption that the claim is fabricated and the immigration
authorities should evaluate the genuineness of the conversion on a case-by-case basis taking into
account the applicant’s past and present circumstances.
4. Children
32. The first report of the mandate holder d’Almeida Ribeiro already concluded that “children
of believers are subject to discrimination of various kinds, such as ill-treatment and humiliation
at school, expulsion from school or a ban on embarking on higher education, pressure to deny
3
See UNHCR, Religion-Based Refugee Claims under article 1A (2) of the 1951 Convention
and/or the 1967 Protocol relating to the Status of Refugees (HCR/GIP/04/06).