A/64/159
responsibility to ensure that there is no discrimination against any prisoner or staff
member belonging to a minority group. In order to prevent any potential abuse,
States should ensure that detention facilities are the object of intense public scrutiny
and put in place effective complaints mechanisms.
B.
Refugees, asylum-seekers and internally displaced persons
22. The mandate has also reported about the vulnerable situation in terms of
freedom of religion or belief of refugees, asylum-seekers and internally displaced
persons, who have fled their homes or have been expelled from their own country. 11
The Special Rapporteur notes that whereas the refugee definition in the 1951
Convention relating to the Status of Refugees refers to “well-founded fear of being
persecuted for reasons of […] religion”, the approaches taken seem to differ
significantly in applying the term “religion” or when determining what constitutes
“persecution” in this context. The Special Rapporteur has received reports
indicating that some asylum adjudicators ask faith-testing questions with doubtful
validity or limited justification. In this regard, the Special Rapporteur would like to
remind that the risk of persecution is not necessarily dependent on detailed
substantive knowledge of the applicant’s religion because individuals may also find
themselves persecuted for imputed religious beliefs.
23. The Special Rapporteur would like to emphasize that religion-based refugee
claimants should not be expected by asylum adjudicators to hide their religion or to
practise in secret in their countries of origin in order to avoid persecution. It is an
integral part of the right to freedom of religion or belief to be able to manifest,
publicly and in community with others, one’s religion or belief in worship,
observance, practice and teaching. The Special Rapporteur also shares the concerns
that the concept of internal flight alternative can sometimes prove particularly
problematic for religion-based asylum claims and might ultimately lead to
undesirable segregation of religious groups in particular areas of the countries of
origin.
24. Another particular problem in terms of freedom of religion or belief may arise
for those persons who, after having arrived in the country where they are seeking
asylum, convert to a religion which would make them prone to persecution in their
country of origin if they were to be returned. In the assessment of such asylum
applications, suspicions often arise regarding the sincerity and credibility of asylum
claims. However, the Special Rapporteur would like to reiterate that such postdeparture conversion should not give rise to a presumption that the claim is
fabricated, and the immigration authorities should evaluate the genuineness of the
conversion on a case-by-case basis taking into account the specific past and present
circumstances of the applicant.
C.
Children
25. Children are also vulnerable with regard to their right to freedom of religion or
belief. The mandate has reported on various forms of discriminatory treatment
which derive both from governmental actions and from incidents provoked by
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See A/62/280, paras. 38-63, A/62/280/Corr.1 and A/HRC/6/5, paras. 30-31.
9