A/HRC/37/49
70.
The freedom of conscience may not be recognized, as in the case of compulsory
military service for conscientious objectors, when the State does not provide them with the
option of an alternative service that is compatible with the reasons for conscientious
objection, of a non-combatant or civilian character, in the public interest and not of a
punitive nature.34
71.
Proselytizing is also commonly banned for all religious groups. Private or public
observances of religious practices, worship or customs are frequently proscribed. Similarly,
this applies to gaining access to and building places of worship. The Special Rapporteur’s
mandate has received reports that, in some countries, attendance at places of worship is
restricted by age and location, or that the observance of certain religious practices, such as
those related to diet or fasting, is prohibited. Limitations on the freedom of movement
might result in restrictions on travel overseas for the performance of faith-based or faithrelated activities.
72.
These States also commonly interfere in the internal arrangements of faith
communities, such as in the appointment of clerics and the language, content and duration
of religious services. In some cases, the State may designate a religious leader for a
community while persecuting the spiritual leader appointed by the community itself.
Likewise, the State may even set up an official religious organization for the purpose of
controlling rather than supporting a religion. The general culture of control in such
countries does not provide space for places where a discursive challenge to established
authority can flourish. Restrictions imposed on the manifestation of religion either exceed
the test of proportionality or cite grounds not provided for by international law, such as
“national unity”, “religious harmony” or “sowing division among the people and religions”.
Increasingly, security-related arguments are deployed to suppress religion or belief. New
religious groups are often declared “dangerous” to “national security”, even though article
18 (3) of the Covenant does not include national security as a legitimate limitation ground
for restricting the manifestation of religion or belief. Arrests for religious activities are
carried out and religious officials or members may suffer from continued detention or
harassment.
73.
In some cases, religious education is prohibited in public or private schools.
Generally, religious education is tightly controlled, for example direct government control
of teachers and restrictions on the running of religious schools. General censorship laws
might restrict the availability of religious literature, save those that are officially sanctioned
by the State. Anti-religious propaganda can appear in official or semi-official government
publications.
74.
Discriminatory or burdensome registration requirements may be imposed on
religious organizations. These may include setting a high bar for eligibility with regard to
numbers, geographic spread or length of presence in the country; or requiring that
registration application be signed by all members of the religious organization and contain
detailed personal information; or that a religious association can only operate at the address
identified in its registration documents; or that they require periodic renewal of registration.
III. Conclusions and recommendations
75.
Although international law does not prescribe a particular type of relationship
between State and religion, the communications issued by the mandate holder show
that certain types of relationships are more frequently associated with violations of
freedom of religion or belief than others. Such relationships are incredibly diverse and
complex, but three broad types of relationships are discernible and provide a useful
analytical basis to discuss the challenges that States face in promoting and protecting
freedom of religion or belief. These three types of relationships are: (a) States with
official or favoured religions; (b) States with no identification towards a religion; and
(c) States that pursue policies to heavily restrict the role of religion.
34
16
See Human Rights Council resolution 24/17, para. 9; and A/HRC/35/4, para. 21.