This past week, the UN Human Rights Council heard the report of Asma Jahangir, the Special Rapporteur on Freedom of Religion or Belief. Jahangir provided several findings about world-wide discrimination based on religion or belief and its impact on the enjoyment of rights. While looking at the adverse impact of religious discrimination, “it was noted that discrimination based on religion or belief often emanated from deliberate state policies.” There were two major elements to state action mentioned in the report. The first is the law of a state, which defines religious freedoms and establishes the rights of minorities. The second element is the obligation of a state to act when there is in practice a limit or restriction on freedom of expression – but specifically in cases when responding or addressing “the phenomenon of advocacy of religious hatred.”
The emphasis in the report and subsequent “interactive dialogue” between states on inter-religious dialogue, education, and public awareness showed the importance of state action to prevent religious hatred and discrimination. The importance of the state, therefore, led to recommendations from the Rapporteur that states take protective measures for vulnerable population groups. For example, Israel was mentioned in the report for its failure to consistently respect liberty of movement and access to places of worship for Palestinian Muslims and Christians. Their ability to access places of worship have been limited (even if for security reasons) by the harsh system of permits, visas, checkpoints, and the Barrier. With respect to state laws, the Rapporteur specifically pointed out “the negative impact of laws on religious conversion in several states.” Communal and mob violence can also be encouraged by state actions and laws.
