The 52nd Session of the Human Rights Council
27 February – 4 April 2023
Items 3 – Interactive Dialogue with the Special Rapporteur on Freedom of Religion or Belief
13-15 March 2023
By Frizia Rounak / GICJ
Executive Summary
From the 13th to the 15th of March 2023, at the 52nd Session of the Human Rights Council (HRC), an Interactive dialogue took place with the Special Rapporteur (SR), Nazila Ghanea, on the Freedom of Religion or Belief (FoRB). In her report and presentation at the Council, Ghanea emphasised that FoRB is a universal right and not limited to the Western world. Her mandate consists of three dimensions. First, to advance FoRB for everyone, second to prohibit any discrimination based on religion or belief, and third to deny human rights in the name of religion or belief.
The report highlights that the manifestation of FoRB is not subject to derogation or limitations on the grounds of national security. Ghanea's report concludes with recommendations addressed to states, international organisations, multilateral institutions, non-governmental organisations, and faith-based actors.
During the interactive dialogue, various countries and their representatives shared their views and concerns on the subject. For example Qatar's profound concern regarding the incidents of the Quran being burned in many countries, the EU's commitment to maintaining an open, transparent, and regular dialogue with religious associations or communities, and Pakistan's request for the SR's views on ongoing discussions to bridge the existing gaps.
Geneva International Centre for Justice (GICJ) remains concerned about the alarming rise in religious discrimination and violence across the globe. We call for a global commitment to protect the right to FoRB and to put an end to discriminatory practices. States are urged to uphold the right to religious freedom, refrain from policies that suppress religious practices, and address human rights challenges related to countering terrorism and extremism. GICJ urges states to prosecute perpetrators of inciting discrimination and hate and prioritise fighting all forms of religiously motivated violence. Furthermore, states must ensure counter-terrorism measures do not violate human rights, and promote a culture of tolerance and respect for diversity.
Background
The state of FoRB has worsened over the years, with high rates of religious discrimination, xenophobia, and other such issues rising globally. While some countries protect this right and ensure that citizens can practise their faith or belief freely and without discrimination, others restrict or even persecute certain religious groups or individuals. Many countries have discriminatory policies or laws that target religious minorities or restrict their ability to practise their faith. This can include restrictions on religious dress, places of worship, or public expressions of faith. With the rise of social media and digital communications, there has been an increase in online hate speech and misinformation targeting specific religious groups.
The mandate on FoRB is a thematic mandate established by the UNHRC in 1986. The mandate aims to promote and protect the right to FoRB, as enshrined in Article 18 of the Universal Declaration of Human Rights and other international human rights instruments. The Special Rapporteur is tasked with monitoring the implementation of this right worldwide, including by examining laws, policies, and practices that may impact the enjoyment of this right. It also seeks to identify and raise awareness of situations where the right to FoRB is being violated or threatened, and to make recommendations for the promotion and protection of this right. The Special Rapporteur engages with states, civil society organisations, religious leaders, and other stakeholders to address these issues and promote dialogue and understanding.
The mandate has been extended by the UNHRC several times, most recently in March 2022 through resolution A/HRC/RES/49/5. The current Special Rapporteur on freedom of religion or belief, Nazila Ghanea, was appointed on the 1st of August 2022 and has since carried out various activities, including thematic reports and engagement with stakeholders to promote and protect the right to freedom of religion or belief.
Opening remarks by the Special Representative of the Secretary-General
On the 13th of March 2023, the Special Rapporteur on Freedom of Religion or Belief, Nazila Ghanea, presented her report at the 52nd session of the HRC. Here Ghanea emphasised that FoRB includes freedom of thought, conscience, religion, and belief, which is a universal right. Her report establishes the incontrovertible reality of this universality, and she criticised those who dismiss or diminish the universality of this right as only western, stating that this reflects ignorance of this reality.
Ghanea's mandate has three dimensions; 1) the advancement of FoRB for everyone, 2) the prohibition of any discrimination based on any religion or belief, 3) and the denial of human rights in the name of religion or belief. She condemned the abuse of religion or belief as a tool of discrimination, hostility, and violence. She called on all actors at every level of society to condemn it as well. In her report and speech, Ghanea recognised the role that inspiration, volition, and action drawn from religion or belief could play in strengthening respect for human rights.
Building up on her point of the universality of FoRB evident in international and cross-normative regional instruments, Ghanea listed the relative protections that are included in legal instruments such as the European Convention on Human Rights, American Convention on Human Rights, Final Act of the Conference on Security and Cooperation in Europe, the African Charter on Human and People’s Rights, and the Arab Charter on Human Rights. She encouraged further jurisprudence from these regional bodies in line with international human rights obligations, and urged states to allow individual communications to the ICCPR and other relevant treaties in order to help advance treaty body jurisprudence.
Despite the progress made, Ghanea noted that many outstanding FoRB recommendations remain unfulfilled, and extended her support to states who have put efforts to advance the FORB through technical advice and assistance. She emphasised that the manifestation of FoRB is not subject to the limitation on the grounds of national security, and it is not subject to derogation either in times of public emergency.
Ghanea shed light on broader activities relating to FoRB for three reasons: 1) to better ascertain opportunities to impact this human rights field where so many endemic challenges remain, 2) to take note of the many activities for the promotion of tolerance, co-existence, and understanding, 3) and to call on states and other actors to ensure that such activities recognise the different structures of leadership and representation that draw from their communities in line with their beliefs. The methods used for advancing FoRB around the world have expanded, and these are undertaken by states, multilateral networks and institutions, FoRB envoys and ambassadors, or human rights ambassadors. The channels for advancing FoRB need to remain diverse, and different actors and methods need to be utilised in different contexts.
Ghanea's report concludes with a set of recommendations addressed to states, international organisations, and multilateral institutions, INGOs, NGOs, and faith-based actors. She urges states to act on behalf of all groups whose rights are being violated, not just a single group, to avoid taking us back to centuries when rights had not been developed. Ghanea's report provides a comprehensive analysis of the current state of FoRB around the world, and highlights the need for continued action to address the alarming challenges that remain.
Interactive Dialogue
The interactive dialogue on the FoRB saw participation from various countries and their representatives who shared their views and concerns on the subject.
The delegate of Netherlands recommended that everyone cooperates with all stakeholders, to be inclusive and look beyond the usual partners. They also questioned the international community on how to improve its efforts to ensure broad and diverse cooperation, to strengthen FoRB, allowing people to participate meaningfully and contribute openly and equally in society.
The Qatar delegation on behalf of Arab States stated that discrimination on the basis of religion or belief is a violation of dignity as well as the principles of the UN Charter, UN Declaration of Human Rights, ICCPR, ICESCR, and other international instruments. The group expressed their profound concern regarding the incidents of the Quran being burned in a large number of countries, which has become more frequent.
The European Union representative recognized their specific contribution and commitment to maintaining an open, transparent, and regular dialogue with churches and religious associations or communities, as well as with philosophical and non-confessional organisations. They also condemned all forms of intolerance and discrimination against individuals, including those based on religion or belief. They questioned the SR on how to strengthen in-house synergies while avoiding duplication with relevant SP mandate holders (e.g. SR freedom of expression) both in Geneva and New York.
The Oman delegation on behalf of GCC agreed with the SR's concerns regarding all the challenges, especially the increase of hatred and religious hatred. The group reaffirmed their support for all international actors aimed at rejecting any form of defamation of religion. They also called on the SR to put in place an international objective to be achieved by the 100th anniversary of the UDHR along the lines of the 2030 agenda and to adopt an action plan to achieve this.
The representative of Pakistan on behalf of OIC viewed the 3-dimensional frameworks used by the SR as a non-exhaustive framework requiring further discussion. They called on the SR to condemn and denounce recent Islamophobic acts of burning the Holy Quran and urged states to hold the perpetrators accountable. They also requested the SR's views regarding the ongoing discussions to bridge the existing gaps through negotiating an additional protocol to ICERT or alternatively enacting a separate instrument to counter religious discrimination in line with UNGA decision 1962. They agreed that the abuse of FoRB is a tool of discrimination, hostility, and violence and should be condemned by all actors at every level of society.
The delegation of Afghanistan expressed their concern about the forced conversion of a Sikh community in Kabul, the destruction of a Hindu temple in Kandahar, and killings and forced evictions. They asked the SR what more the international community can do to ensure that religious communities in Afghanistan are protected, and violations against them are prevented.
The representative of Canada firmly agreed with the SR that the universality of FoRB is incontrovertible. They continue to raise their voices to draw attention to pressing issues, whether it's Uyghur Muslims, Christians, Tibetan Buddhists, Falun Gong practitioners, and other faith and belief communities in China, the continued discrimination against religious minorities in Iran, including Baha’is, Jews, Christians, Zoroastrians, Sunni, and Sufi Muslims, the persecution of the Ahmadiyya in different parts of the world, and the rise of antisemitism and anti-Muslim hatred globally. Canada is committed to working with other nations, civil society organisations, and other actors to advance FoRB globally. They asked how they can further strengthen the principle of universality and ensure that the voices of FoRB advocates are heeded.
Geneva International Centre for Justice position
The Geneva International Centre for Justice (GICJ) calls for a global commitment to protect the right to freedom of religion or belief, and to put an end to discriminatory practices against individuals based on their religion or belief. We urge states to uphold the right to religious freedom, and to refrain from implementing policies that restrict or suppress religious practices or beliefs. GICJ also highlights the need for international cooperation to address the human rights challenges related to the promotion and protection of freedom of religion or belief, particularly in the context of countering terrorism and extremism.
In line with many states, we urge states to identify and prosecute perpetrators of this right who are responsible for inciting discrimination and hate towards different religions or beliefs, and call on the international community to prioritise the fight against all forms of religiously motivated violence, which poses a serious threat to peace and security and undermines global stability. States must ensure that their counter-terrorism measures do not violate the human rights of individuals, including the right to freedom of religion or belief. GICJ emphasises that it is essential for states to protect fundamental rights at all times, without exception, and to promote a culture of tolerance and respect for diversity.
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