While the Mexican constitution provides strong protections for freedom of religion or belief (FoRB), moderate to severe violations of this right are regular occurrences in many parts of the country, particularly the states of Chiapas, Hidalgo and Oaxaca. Often these violations take the form of local authorities attempting to enforce conformity on religious minorities, for example, by denying access to basic services to Protestant families in majority Catholic villages.
CSW’s latest fact-finding visit to Mexico revealed a number of cases where Protestant families have been presented with an ultimatum to either renounce their faith or leave their village before a specific deadline.
To take one example, last year in Colonia Los Llanos in the San Cristóbal de las Casas Municipality, Chiapas, several Protestant families were forced to leave their village after they defied orders to renounce their religious beliefs. CSW also found evidence of similar experiences in two more communities in Chiapas and another in Oaxaca during the visit.
These ultimatums do not come out of nowhere and tend to follow years of religious tension.
Prayers inside the Catholic Church of the Ascension, Kathmandu, Nepal
All elected Member States of the United Nations Human Rights Council (HRC) have a special obligation to protect and promote human rights. While every State has a responsibility to uphold human rights, in theory and in practice, Member States on the Council are in a unique position; and to that end, it is important that they practice what they’re supposed to preach.
During the HRC elections, candidates submit voluntary pledges, committing to the promotion and protection of human rights, and once elected, to maintaining high standards towards the protection and promotion of human rights.
Often, a State’s campaign for election is not free from criticism. Indeed, current HRC Council Members include Saudi Arabia, Pakistan, and China; countries which are frequently pulled up for serious human rights violations.
“While every state has a responsibility to uphold human rights, in theory and in practice, Member States on the Council are in a unique position; and to that end, it is important that they practice what they’re supposed to preach.”
In 2017, Nepal was elected as a Member of the HRC. The country will serve for a period of three years, and could serve up to two consecutive terms. It is important that Nepal embraces its position on the Council, calls out human rights abuses, makes recommendations, and promotes peace and reconciliation and supports the work of Special Procedures among other human rights mechanisms.
In October 2015, the United Nations – the most significant global human rights project serving seven billion people in 193 member states – turned seventy.
There is no doubt that the last 70 years have witnessed significant positive development with regards to the legal framework protecting freedom of religion or belief, however, when it comes to the actual realisation of freedom of religion or belief (FoRB) across the world, the situation on the ground in many countries remains challenging.
FoRB in International Law
Although religious freedom does not have its own convention, Article 18 of the International Covenant on Civil and Political Rights (ICCPR), a core human rights treaty with 169 state parties and ratified by 169 states, as well as Article 18 of the Universal Declaration of Human Rights (UDHR) provide strong, legal protection of FoRB These legal protections also cover those with non-religious beliefs. Furthermore, the UN Special Rapporteur on Freedom of Religion or Belief has reported a number of violations of freedom of religion or belief to the UN Human Rights Council and provided a wealth of interpretative information and normative analysis of FoRB.
In practice: the global realisation of FoRB
However, if you base the assessment of the success of the UN on the actual realisation of religious freedom across the world, the performance of the UN remains discouraging. According to PEW Research Centre, about 5.5 billion people (77% of the world’s population) were living in countries with high or very high overall levels of restrictions on religion in 2013. CSW has reported a wide variety of FoRB violations from 26 countries including Eritrea, Sudan, Burma, China, Pakistan, Cuba, Iran and Egypt. Violations range from violence, killings, imprisonment and sexual violence to discrimination in employment or education and restrictions on the construction of places of worship. Given this background, it is obvious that the implementation of FoRB for all faiths and none remains on a rocky road.