A/HRC/61/50
stemming from a requirement for burial in a coffin. Resistance in certain localities or
cemeteries leads to Muslims being referred to cemeteries in larger cities, which may be far
from their home town.65
55.
In Lithuania, an executive rule requires that bodies be placed in a coffin (karstas)
made of solid materials before cremation, reflecting the dominant religious doctrine but
effectively disallowing the use of a simple shroud preferred by some humanists for
environmental or personal reasons.66
B.
Adequacy of provision
56.
Far too often, provisions are simply inadequate for religion or belief minorities. Sites
are too far from their homes, inordinately expensive and lack the necessary facilities and
protection. When that is the case in a context of State hostility against the religion or belief
concerned, or its non-recognition, the authorities have a particular obligation to address the
matter urgently.
57.
In Norway, the majority of cemeteries are public and follow the rites of the Church of
Norway. Most municipalities have one section of a cemetery set aside for minority burials,
but bureaucratic hurdles reportedly arise. Restrictive regulations on the dispersal of ashes
mean that Hindus and Sikhs, who usually scatter the ashes of the dead at sea, must go through
an application process and hire a boat to reach distant waters or travel to India. Processing
times mean that few burials can occur in less than five days after death, except in Oslo, but
Muslim burials should ideally occur within 24 hours of death. Steps are being taken, with
funerals permitted on Saturdays and public ceremony halls having been built in many
Norwegian cities, which are inclusive and appropriate67 for funeral ceremonies, but more are
required.68
58.
In Bahrain, the Ministry of Justice, Islamic Affairs and Waqf (Endowments)
reportedly supervises Islamic cemeteries and organizes burial and mourning rituals, and the
Ministry of Municipalities Affairs and Agriculture supervises public cemeteries. 69 In
Namibia, the authorities reportedly consult with religious organizations and Indigenous
chiefs when making new statutes on funeral rights. Moreover, the Ministry of Gender
Equality and Child Welfare has started a programme to protect the funeral rights of
marginalized religious communities, since lack of representation sometimes results in sacred
lands being taken away.70 In the Niger, the Government reportedly facilitates the exercise of
the freedom of religion by creating morgues, places of prayer for the dead and cemeteries for
free.71
59.
In Pakistan, local authorities and religious endowment departments (awqaf)
reportedly manage Muslim cemeteries. In many regions, spaces for non-Muslim cemeteries
have not been allocated or maintained, so minorities are left to negotiate for burial land.
Minority burial grounds depend on donations from communities and non-governmental
organizations rather than State provision. Insufficient facilities, such as cremation grounds
(Shamshan Ghats) have reportedly compelled many Hindus and Sikhs to perform burial rites
against their religious teachings, in a coerced departure from their spiritual obligations. The
opening of a Shamshan Ghat in Lahore for the Hindu community is welcomed. 72
60.
In the Islamic Republic of Iran, Baha’is are prohibited from using Muslim cemeteries
and are often barred from their own, so face arbitrary restrictions, extortionate burial fees and
long delays in the release or burial of bodies. It has been reported that Iranian authorities
force Baha’is to conduct burials in distant locations, constituting a violation of Baha’i burial
65
66
67
68
69
70
71
72
12
Submission from Swedish Equality Ombudsman.
Submissions from Humanists International and Humanist Ideas Ambassadors.
Submission from Council of Religious and Life Stance Communities (STL) Norway.
Submission from Norwegian Humanist Association.
Submission from National Institution for Human Rights, Bahrain.
Submission from Ombudsman’s Office, Namibia.
Submission from the Niger.
Submission from AWAM.
GE.25-21055