A/75/385
duties –– is recognized by SDG target 16.9. Claiming the rights and benefits associated with
this right generally requires documentation that demonstrates or provides proof of one’s
identity and/or status. In many contexts such documentary proof is necessary to access basic
social services such as education, health care and social welfare benefits. In such cases,
access to documentation is likely to correlate with improved development outcomes.
26.
Reports received by the Special Rapporteur indicate that some States are taking steps
to implement more restrictive systems with respect to legal identity, making it increasingly
difficult for members of certain religious of belief groups to gain access to legal
documentation and/or restricting the status of certain groups or individuals. As a
consequence, individuals that identify as religious and belief minorities around the world are
being denied access to fundamental services, rights and public benefits such as education,
voting rights health coverage, pensions, access to banking and credit services, property titles
and inheritance –– potentially leading to worse development outcomes, especially among
vulnerable populations. Entire communities may lack documentation, leaving them legally
and politically invisible.
27.
Denial or deprivation of citizenship to a group of people based on their religion or
belief has a significant impact on their sense of identity and can be used by the State to
attempt to sidestep its obligations to promote and protect the human rights of persons
belonging to religious or belief minorities.61 In December 2019, India adopted the Citizenship
Amendment Act (CAA) which is designed to expedite the conferment of Indian citizenship
to immigrants from three neighbouring countries -- but not if they are Muslim. The CAA will
fast-track citizenship for religious minorities, including Hindus, Sikhs, Buddhists, Jains,
Parsis and Christians, from Afghanistan, Bangladesh and Pakistan. Those opposing the bill
argue that it is unconstitutional, as it bases citizenship on a person's religion which would
further marginalize India's 200-million Muslims.62
28.
Shi’a Muslims in Bahrain,63 Rohingya Muslims in Myanmar 64 and Jehovah’s
Witnesses in Eritrea65 and Russia66 have had their citizenship revoked or denied on the basis
of their religious identity. In Vietnam, H’Mong and Montagnard Christians have been unable
to secure the necessary ‘house register’ documentation for citizenship. 67 Non-Muslims may
not obtain citizenship in Maldives.
29.
In Iran, unrecognized religious or belief groups, including the Bahá’ís, are unable to
access employment, housing, university-level education, healthcare and social services,
including pensions.68 Rights organizations also report that the identity cards issued to
religious or belief minorities in Egypt and Malaysia, which normally confirm the religious
identify of cardholders, often fail to display their religious identity. 69 The absence of this
detail reportedly enables State officials to identify and discriminate against religious or belief
minorities when access to government services is sought. 70
Reduce all forms of violence and related death rates everywhere (SDG16.1)
30.
Violence, in all its forms, impairs human rights and undermines sustainable
development. Inadequate responses to discrimination and intolerance against religious and
61
62
63
64
65
66
67
68
69
70
8
See A/63/161, paras. 25-78.
Submissions from Joint ISI initiative; South Asia Forum for Freedom of Religion or Belief; Banglar
Manabadhikar Suraksha Mancha (MASUM); Global Interfaith Network (GIN-SSOGIE); See also,
https://www.hrw.org/report/2020/04/09/shoot-traitors/discrimination-against-muslims-under-indiasnew-citizenship-policy.
AL BHR 5/2017.
Submissions from Humanitarian Aid Relief Trust; Church of Sweden.
Submission from CSW; A/HRC/38/50, para.53.
Submission from The European Association of Jehovah’s Witnesses.
Submission from Unrepresented Nations and Peoples Organization.
Submission from Baha’i International Community [BIC]; See also, OL IRN 1/2020.
Submissions from All-Party Parliamentary Group United Copts; Open Doors; Jubilee Campaign.
https://www.state.gov/international-religious-freedom-reports/.