A/58/296
V. Conclusions and recommendations
132. The communications referred to in the present report and States’ replies
show that, nearly two years later, the events of 11 September 2001 have had a
profound impact on the exercise of human rights, especially the right to
freedom of religion or belief. Some of the positive trends mentioned in the
report submitted to the General Assembly in 2001 (A/56/253) have not been
pursued and new problems have arisen. This means that any study of States’
conduct with respect to matters directly or indirectly related to freedom of
religion or belief must inevitably take into account the events of 11 September
2001 as an essential benchmark.
133. A distinction must be made between States’ direct violations of the right
to freedom of religion or belief and measures taken by them in response to acts
of intolerance, discrimination and religious violence committed by non-State
actors or entities.
134. First, many States have taken the simplistic view that, since religions are
at the root of many terrorist acts, the most direct means of preventing such acts
is to limit the existence of religion and have focused their genuinely or
purportedly counter-terrorist activities on limiting the exercise of civil and
political rights, including the right to freedom of religion or belief. By choosing
that path, these States have clearly misinterpreted the non-derogable nature of
the right to freedom of religion or belief under article 4 of the International
Covenant on Civil and Political Rights, which states that even “in time of
public emergency which threatens the life of the nation” no derogation is
permitted from article 18 of the Covenant (see also General Comment 22 of the
Human Rights Committee). Specifically, it appears that, by imposing
restrictions which in practice were equivalent to actual derogations, at least in
their effects, various State authorities have often failed to understand the
essential difference between the restrictions that can be made under specific
conditions and for specific purposes under article 18, paragraph 3, of the
Covenant and the non-derogable nature of the right to freedom of religion or
belief.
135. In this connection, the Special Rapporteur has observed a new upsurge in
administrative regulations on freedom of religion; many States, especially those
of Central Asia, have used the compulsory registration of religious groups and
the imposition of specific regulations governing them to restrict the exercise of
freedom of religion or belief, often in violation of the international standards
concerning the right to freedom of religion or belief. On several occasions, the
Special Rapporteur has pointed out that registration procedures can be
legitimate and consistent with international law on freedom of religion only if
they are specified by law, objective, reasonable and transparent and,
consequently, if they do not have the aim or the result of creating
discrimination; naturally, refusals to register must be well-founded and subject
to judicial review.
136. The Special Rapporteur has also noted that in some cases the events of 11
September 2001 have been used to legitimate, and even to strengthen, preexisting policies for the persecution of religious groups.
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