A/68/268
might incite religious intolerance or violence, and the establishment of relevant
oversight procedures and training programmes. In situations of conflicts involving
religious minorities in which emergency laws, military courts or special security
arrangements are in place, it is particularly necessary to ensure that the rights of
religious minorities are protected in the context of those special security or
emergency measures.
81. Information received from all regions regrettably reveals the far greater risks
faced by religious minorities both in times of peace and during conflict and postconflict contexts. Such persons may be individually targeted or face insecurity
primarily during community activities. At the level of the group, violations include
forced displacement and cultural cleansing of towns, villages and other territory
from “impure” and “dehumanized” religious “others”. In a world of increasing
sectarianism, vigilance regarding the vulnerability of minorities within minorities
and intra-religious or interdenominational tensions is also necessary.
82. Religious minorities often find themselves in conditions of structural
vulnerability which can lead to a vicious circle that perpetuates discrimination,
hostility, insecurity and violence. Oversight procedures over the security forces
throughout the jurisdiction are required, particularly in border areas or areas with a
larger religious minority presence. Training programmes need to ensure that State
actors from the local level upwards are aware of the particular risks of insecurity
faced by minorities. 20 An essential step is to put in place adequate legislation to
address both acts of violence and incitement to religious and ethnic hatred and
violence and to ensure that they are fully enforced in practice with appropriate
penalties.
83. In some States, religious minorities may be at significantly greater risk of
arbitrary arrest and detention on the basis of their religion, their religious or social
functions or their activities to claim their rights or peacefully protest. Several
communications by Special Procedures to States have been based on allegations
regarding arrest and sentencing (including death sentences) of members of religious
minorities on the grounds of their religion or legitimate religious or human rights
activities. Information provided alleged that in such cases trials often do not comply
with international standards of fair trial and due process. Another context of
insecurity is the situation of religious minorities during incarceration. Standards
upholding the freedom of religion or belief rights of prisoners must be upheld, as
noted by the Human Rights Committee (see CCPR/C/21/Rev.1/Add.4, para. 8).
84. The Independent Expert is convinced of the usefulness of the role of minority
rights protection and dedicated minority rights mechanisms in the prevention of
conflict and the promotion of social stability. This is also enshrined in the Preamble
of the Declaration, which reads “the promotion and protection of the rights of
persons belonging to national or ethnic, religious and linguistic minorities
contribute to the political and social stability of States”. States have an obligation to
exercise due diligence to prevent, investigate and punish acts of violence against
persons belonging to religious minorities, regardless of the perpetrator. Failure to do
so often leads to repeated and more severe violations.
__________________
20
20/23
Communications reports of Special Procedures, A/HRC/22/67, p. 73, EGY11/2012 regarding
alleged loss of homes and businesses by sectarian violence, firebombing and torching, deaths,
fleeing in fear of revenge attacks, looting and lack of protection by security forces that were
present.
13-41869