E/CN.4/2006/5/Add.2
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the practice of some sharia courts appeared to be in contravention of the principle of nulla poena
sine lege and of equality before the law. Finally, the possibility, at least in theory, that Muslims
could be convicted and sentenced to death because they converted to another religion would
constitute a clear violation of the right to freedom of religion or belief.
101. In response to the above concern, it has been emphasized by some state officials that the
majority of Hadd sentences are usually quashed at the appeal level and are therefore never
ultimately implemented. The Special Rapporteur would like to stress that such a defence does
not represent a satisfactory response to the human rights concerns at issue and does not relieve
Nigeria from its international human rights obligations. Indeed, the mere existence of a norm
that contradicts human rights standards is sufficient to create a climate of fear among members
of the Nigerian population, including Muslims and in particular the poorest part of the population
which may not have a correct understanding of the legal system to which they are subject. This
climate of pressure and intimidation also has an impact on those Muslims who have a different
interpretation of their religion: This may constitute an unlawful limitation to the right to
freedom of religion or belief.
102. Moreover, it has been reported that the actual implementation of numerous rules provided
for by these new legal systems were affecting and, in some cases, limiting the rights of members
of religious minorities, including their right to freedom of religion or belief. The Special
Rapporteur recalls in this regard general comment No. 22 of the Human Rights Committee
according to which “[i]f a set of beliefs is treated as official ideology in constitutions, statutes,
proclamations of ruling parties, etc., or in actual practice, this shall not result in any impairment
of the freedoms under article 18 or any other rights recognized under the Covenant nor in any
discrimination against persons who do not accept the official ideology or who oppose it”
(para. 10).
VIII. RECOMMENDATIONS
General policy with regard to religions
103. With regard to the general policy of the Government of Nigeria vis-à-vis religion
and belief, the Special Rapporteur recommends that the Government adopt a more careful
approach when it comes to supporting one or the other religious community and consider
the possibility of refraining from interfering with religious matters whenever these do not
endanger human rights. At the same time, the Government should take very firm positions
whenever religion is at the origin of human rights violations, regardless of which religious
community is concerned.
104. The Government should further strengthen the existing inter-religious dialogue to
address the overall objective of promoting religious tolerance, and therefore extend the
scope of the dialogue and increase the number of stakeholders in the process. Such
initiatives must link local dialogues to the national scene so that signs of trouble are
detected early and resolved before violence breaks out. Such dialogue would further create
better understanding and accommodation. It must include women and members of civil
society so that their concerns are also heard.