A/76/380
ultimately, alter what they think. 102 Invasive digital surveillance may particularly
subvert the thoughts of specific groups. It is reported that targets with a prior history
of torture and persecution, regardless of whether they were in a safe country, “would
suffer PTSD-like symptoms” upon learning they were targets of digital
surveillance. 103
55. Moreover, an increasing range of inchoate offences raise concerns for freedo m
of thought. Legislative provisions for inchoate crimes regarding terrorism and
“extremism” allow authorities to prosecute individuals without proving their
correspondingly grave and guilty act (actus reus), shifting “seamlessly from the
criminalization of acts of terrorism to the criminalization of extremist thoughts and
belief”. 104 For example, some States have adopted legislation or issued directives that
seek to criminalize individuals who access any online content which may be of use to
a person committing or preparing acts of terrorism. 105
C.
Proselytism, anti-conversion and anti-blasphemy efforts
56. The Special Rapporteur has received reports that certain coercive forms of
proselytism infringe upon freedom of thought. Although these stakeholders
distinguish between “mild” and “aggressive” coercion, they consider both phenomena
capable of impairing freedom of thought. In one reported case, it was alleged that
some faith-based organizations use “mild forms of coercion”, by making the provision
of humanitarian aid conditional on aid recipients’ conversion to another religion. 106
In one possible example of “aggressive coercion”, sources report that non -State actors
in Pakistan have kidnapped members of religious or belief minorities, especially
Hindu girls, to convert them to Islam. 107
57. The Special Rapporteur has received reports that anti-conversion
(i.e., anti-apostasy) laws in several States, including Bhutan, India, Maldives, Nepal
and Sri Lanka, and coercive proselytism practices might alter or p enalize individuals
for their “inferred” thoughts (based on their protected actions in manifesting their
religion or belief). 108 In 2020, as many as 21 countries still criminalized apostasy,
including 12 countries where apostasy was a capital offence. 109
58. Some contend that anti-conversion measures infringe upon the forum internum,
including freedom of thought and freedom to hold or change religious or belief
convictions. 110 Notably, article 18 (2) and (3) of the International Covenant on Civil
and Political Rights protect both one’s rights to have or to adopt a religion or belief
of one’s choosing without coercion; and to manifest one’s religion or belief.
__________________
102
103
104
105
106
107
108
109
110
16/28
See https://lawcat.berkeley.edu/record/1127413/files/fulltext.pdf, pp. 164 and 169.
See https://www.vice.com/en/article/pa5d9g/what-constant-surveillance-does-to-your-brain.
A/HRC/43/46/Add.1, para. 24; and A/HRC/33/29, para. 61. See also,
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=5394&context=mlr, p. 863.
See, e.g., http://www.legislation.gov.uk/ukpga/2000/11/section/58; https://eur-lex.europa.eu/
legal-content/EN/TXT/PDF/?uri=CELEX:32017L0541&rid=6; http://www.ejustice.just.fgov.be/
cgi_loi/change_lg.pl?language=fr&la=F&cn=1867060801&table_nam e=loi;
https://wetten.overheid.nl/jci1.3:c:BWBR0001854&boek=Tweede&titeldeel=V&artikel=134a&z
=2021-07-01&g=2021-07-01.
See https://www.ajol.info/index.php/jrhr/article/view/211102 , pp. 217–219; and
https://academic.oup.com/isq/article/60/4/636/2669512, p. 640.
See https://www.ohchr.org/Documents/Issues/Women/WRGS/HumanitarianSettings/
CommonwealthInitiativeFreedomReligionPakistan.docx; and communication AL PAK 2/2016.
See https://www.worldwatchmonitor.org/wp-content/uploads/2018/05/Anti-ConversionLaws_eBook-1.pdf, pp. 4–8; and submission from Christian Solidarity Worldwide.
A/75/385, para. 16.
See https://www.worldwatchmonitor.org/wp-content/uploads/2018/05/Anti-ConversionLaws_eBook-1.pdf, p. 20.
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