A/64/159
E.
Migrants
32. In many countries all over the world, migrants are vulnerable to discrimination
based on their religion or belief and face related prejudices on a societal level. The
Durban Declaration explains that the situation of vulnerability in which migrants
frequently find themselves is owing, inter alia, to their departure from their
countries of origin and to the difficulties they encounter because of differences in
language, customs and culture, as well as economic and social difficulties and
obstacles to the return of migrants who are undocumented or in an irregular
situation. 17 Various Special Rapporteurs have pointed to the discrimination against
the children of migrants, for example with regard to their right to education as well
as the absence of the promotion of freedom of religion or belief which hampers their
capacity of integration and personal development. 18
33. The Special Rapporteur would like to emphasize that all persons within a
particular country, and not just the citizens of that country, have the right to freedom
of religion or belief, including the manifestation of their religion or belief in
worship, observance, practice and teaching. In her reports, the Special Rapporteur
has pointed to practical limitations imposed on the freedom of migrants to manifest
their religion or belief publicly, for example with regard to building places of
worship, carrying out religious rituals openly or conducting missionary activities.
She would like to recall that limitations on the right to manifest one’s freedom of
religion or belief must be prescribed by law and must be necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms of others.
34. In her last report to the General Assembly, which focused on citizenship issues
and religious discrimination in administrative procedures, 19 the Special Rapporteur
emphasized that immigration policies and citizenship tests must not discriminate on
the basis of the applicant’s religious background. Together with other mandate
holders, she also expressed concerns about the contents of questionnaires and
interview guidelines used by domestic naturalization authorities. Finally, the Special
Rapporteur highlighted that it would be contrary to the principle of
non-discrimination to restrict citizenship to people with certain religious beliefs or
to deny official documents based on the applicant’s religious affiliation.
IV. Activities of the mandate
A.
Communications
35. Since the establishment of the mandate in 1986, the Special Rapporteur has
sent more than 1,180 allegation letters and urgent appeals to a total of 130 States.
The communications sent by the Special Rapporteur between 1 December 2007 and
30 November 2008, as well as the replies received from Governments, are
summarized in the latest communications report she submitted to the Human Rights
Council. 20
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17
18
19
20
12
A/CONF.189/12, chap. I, Declaration, para. 50.
E/CN.4/2002/73, para. 28.
A/63/161, paras. 25-78.
A/HRC/10/8/Add.1.
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