A/HRC/61/50 Ahmadi funerals under the pretext of maintaining the peace, effectively criminalizing burial rites.22 Ahmadis are reportedly even criminalized for using Islamic epitaphs on their graves.23 29. Religious minorities, especially those that are not officially recognized, reportedly face “significant structural and human challenges in accessing dignified burial, reflecting a broader pattern of discrimination that directly impacts their freedom of religion or belief” in Lebanon. 24 Burial rites require official approval from both government and religious institutions. Acknowledged communities typically manage their own burials, since they have established religious organizations and access to recognized cemeteries. The lack of legal status of those that are not recognized, however, means that they cannot own burial grounds and “are often reliant on the goodwill of dominant sects, under which they register”. 25 According to one report, that leaves the unrecognized “vulnerable to humiliation and exclusion at moments of profound grief”, as illustrated by the experiences of the Yazidi and the Baha'i communities. They “are unable to establish places of worship, hold public ceremonies, or even bury their dead with dignity”. In one case, Yazidis who were denied burial space in Chtaura solely because of their faith were told “to be gone and take [y]our worthless roadkill and throw them in the dumpster”. 26 Those communities are sometimes forced to resort to burying their dead on private property or in unconventional places such as forests or on unregistered public land.27 30. The question of recognition also relates to the religion or belief of the deceased. Moorthy Maniam, one of the first Malaysians to climb Mount Everest, died in 2005. A religious dispute arose when, despite his Hindu family's claim that he remained a Hindu, the Sharia Court ruled that he had converted to Islam and ordered his body to be buried in a Muslim grave.28 That is reportedly not an isolated case. In Malaysia, people born Muslim who later identify as belonging to another religion or as non-religious are often still identified as Muslim on their national identification cards. Regardless of their actual beliefs or wishes, their remains are subject to Islamic burial rites, and religious departments have intervened to force a non-religious person, despite the wishes of the family and the deceased, to be buried according to Islamic burial rites.29 31. In India, more stringent anti-conversion laws and political rhetoric that Indigenous Peoples are Hindu have reportedly emboldened gram sabhas (village councils) to pass resolutions preventing Adivasis who have converted to Christianity from burying their deceased in village graveyards alongside their ancestors.30 Christian Adivasis from the State of Chhattisgarh have long faced discrimination and violence, including denial of the rights to burial grounds and land. According to numerous reports, the police allegedly stand by or enable such coercion. Following a landmark case in January 2025, 31 the Supreme Court issued a directive to the State of Chhattisgarh to demarcate exclusive Christian burial sites across the State within two months, yet at the time of writing, Christian Adivasis are still awaiting implementation. 32. Tension may arise between a religious family and the wishes of an atheist or humanist. Where the deceased atheist or humanist has not made their belief public because of stigma, in their death the violation continues, highlighting the nexus between their freedom of religion or belief, social stigma and funeral rights. Where they have made their belief public, reforms in civil law should guarantee that the will of the deceased takes precedence over decisions taken by their family or the State. Authorities should ensure access to secular burial and ceremony spaces, secular cemeteries or sections in public cemeteries, affordable crematorium facilities and secular rooms for humanist funerals free from religious symbols 22 23 24 25 26 27 28 29 30 31 GE.25-21055 Confidential input. Submission from AWAM. Submission from Fadi Hachem. Ibid. See https://www.bihorriya.com/wp-content/uploads/2025/02/The-Rights-of-Religious-Minorities-inLebanon-An-In-depth-Analysis-and-Recommendations-Eng.pdf, p. 17. Submission from Fadi Hachem. See https://www.malaysianbar.org.my/article/news/bar-news/news/re-everest-moorthy. Submission from Humanists Malaysia. Confidential input. Ramesh Baghel v. State of Chhattisgarh & Others, Judgment, 27 January 2025. 7