A/HRC/31/18/Add.2
manifest their religious convictions, passions and loyalties, perform religious practices and
enjoy religious festivities in private as well as in public.
32.
A secular State and a religious society can harmoniously exist together, but a secular
State cannot at the same time be a religious State, i.e. a State proclaiming an official State
religion. Although article 2A, after proclaiming Islam as the State religion, goes on to
declare that the Government shall ensure equal status and equal rights of other religions, the
contradiction remains. Despite the Government’s assurances that the principle of nondiscrimination (art. 28 of the Constitution) “supersedes” article 2A, members of religious
minorities claim that the proclamation of Islam as the State religion still leads to the
discriminatory interpretation and application of the laws and decrees. Moreover, family law
affairs in the broadest sense are generally governed by religious laws, which may also raise
issues under freedom of religion or belief, as will be discussed below (see paras 63 and 64
below).
B.
Politicization of religion?
33.
Although militant interpretations of Islam may not resonate widely in a society
generally characterized by a long tradition of interreligious coexistence, the influence of
extremists has become a matter of much concern, not only for the Government, but also for
civil society organizations and religious communities.
34.
However, some of the measures taken by the Government in the interest of
upholding secularism seem to lead to the paradoxical result of shrinking the very space that
secularism — like democracy — is supposed to provide.
35.
Some interlocutors expressed concerns that Government agencies partially
compromise the principle of secularism by increasingly employing religious concepts in
their political rhetoric, possibly with the intention to appease Islamists militants. In order to
combat the “politicization of religion”, measures may be put in place that lead to the
“religionization of politics” — ironically even under the auspices of a Government that is
committed to upholding the constitutional principles of secularism. In other words, while
the Government may be fighting the instrumentalization of religion, it could at the same
time be seen as using religion to achieve political goals. This may erode the credibility of
the Government’s profession of inclusive secularism.
36.
One example that illustrates this tendency is the seeming ambiguity with regard to
respect for the self-understanding of Ahmadis; the Special Rapporteur heard different
positions taken by Government officials on this matter, ranging from upholding a neutral
stance in theological issues to open declarations of Ahmadis as non-Muslims, thus
endorsing the view of Islamist militants, which seems strangely at odds with the principle
of State secularity. Even though the Government of Bangladesh assured the Special
Rapporteur that it does not endorse such views, the Special Rapporteur would like to point
out that, from the perspective of freedom of religion or belief, everyone should be respected
in their self-understanding and self-definition in matters of religious conviction. Although
not everyone can be expected to share the religious self-understanding of anyone else, the
Government must in any case ensure that such self-understandings are at least respected,
including by public officials.
37.
Similar ambiguities have occurred in statements concerning the recent murders of
online activists and the death threats that people engaged in such activities have received.
While condemning such threats and acts of violence committed in the name of religion and
pledging to bring perpetrators to justice, government representatives at the same time have
publicly admonished online activists who have expressed critical views on religion, in
particular Islam, warning them “not to cross the limits” in their criticism of religion,
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