A/71/269
76. Violations of freedom of religion or belief can originate from States or
non-State actors, or a combination of both. While some State-induced
infringements, such as the criminalization of “apostasy”, “proselytism” or
“blasphemy”, openly display the intention of controlling religion, other
measures do not show any relationship to religion or belief on the surface and
yet have a negative impact on freedom of religion or belief. Encroachments may
also include bureaucratic stipulations that impose unreasonable burdens on
certain religious communities, for instance by requesting them to undergo
complicated administrative procedures in order to be allowed to exercise any
community-related aspects of freedom of religion or belief. State-enforced
family laws may discriminate against persons on the basis of their religion or
belief, thus effectively preventing certain individuals from changing their
religion for fear that it could result in a loss of inheritance rights or the denial
of custody of their own children. School education is another area warranting
systematic monitoring, since it may expose children from religious minorities,
for example, to a non-accommodating national curriculum, to the authority of
teachers or to pressure exercised by fellow students.
77. Governments are also obliged to prevent abuses of freedom of religion or
belief committed by non-State actors, including terrorist groups or vigilante
groups, or originating from authoritarian societal milieux that do not
accommodate any religious diversity. In quite a number of countries, a
prevailing atmosphere of impunity encourages militant groups to continue to
stigmatize, harass and intimidate minorities, dissidents, critics, converts or
people — often women and girls or persons with different sexual orientations
and gender identities — whose conduct is deemed “inappropriate” from a
certain narrow-minded interpretation of religious norms. Such abuses can even
assume degrees of physical violence, sometimes perpetrated with the silent
complicity of law enforcement agencies or other parts of the State apparatus.
Even Governments that are not complicit in such acts may lack the awareness
that they bear the full responsibility for any violation of freedom of religi on or
belief if they fail to take appropriate measures to protect persons under their
jurisdiction from abuses by non-State actors, whether they are armed groups,
business corporations or individuals.
78. While States remain the main duty bearers for the implementation of
human rights obligations within their jurisdiction, the international
community, too, has to live up to its obligations. Apart from regularly
monitoring the worldwide human rights situation within United Nations
forums, which would be impossible without the contributions of civil society
organizations, there are situations in which the international community has to
take direct action, for example, to ensure that terrorist organizations operating
in the name of religion do not receive financial or logistical support.
Unfortunately, serious shortcomings have been seen recently in the provision of
international protection for refugees and in the prevention of massive violations
of freedom of religion or belief, in particular in situations of armed conflict.
The international community should remind Governments of their international
obligation to provide protection to refugees, regardless of their specific religion
or belief. The pretext that hosting certain refugees would erode the tradition al
religious make-up of a country amounts to a “territorialization” of religion or
belief, which violates the spirit and the letter of the universal right to freedom
of religion or belief.
22/22
16-13296