Freedom of Religion/Government curtailment
Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
Under international human rights law, freedom of religion is a fundamental and generally protected right, with exceptions. Though states have their own rules and regulations curtailing the right to freedom of religion, they often fall under reasons that are generally viewed as legitimate by the international community, with those that do not being subject to scrutiny. There are a small, but prominent number of states that, despite this international pressure from intergovernmental organizations and other nations, restrict freedom of religion for reasons that do not fall under that category, most notably those with an authoritarian style of government (Majumdar and Villa 2020) . The UN’s Special Rapporteur on Freedom of Religion and Belief has also noted that there are governmental authorities that obstruct freedom of religion under the pretense of using generally accepted limitations, such as public safety, without clear evidence, using the “excuse to limit the rights of persons belonging to a religion or belief community that it finds inconvenient” (United Nations Human rights Council 2023, 27). While the majority of nations curtail freedom of religion for reasons that are widely viewed as permissible, there are various instances where these reasons are abused and the actions taken exceed international norms, with a small number of states consistently restricting the right for reasons regarded as unjustified. Article 1 of the United Nation’s Declaration on the Elimination of All Forms of Intolerance sets the international standard for permissible limitations to the right to freedom of religion as those that “are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others” (UN General Assembly 1981, 3). The United Nations further clarified these restrictions in paragraph 12 of the Commission on Human Rights resolution 2005/40 and paragraph 14 of the Human Rights Council resolution 6/37, stating that these limitations must be “applied in a manner that does not vitiate the right to freedom of thought, conscience and religion,” only being applied for its intended purpose, in a proportionate manner.
The Pew Research Center (PRC), a nonpartisan American think tank, produces annual reports analyzing the extent to which governments and societies around the world impinge on religious beliefs and practices, including countries that curtail the right for reasons not justified under international human rights law. It noted that “the global median level of government restrictions on religion – that is, laws, policies and actions by officials that impinge on religious beliefs and practices – [has] continued to climb” since PRC began tracking the data in 2007. It labeled 56 countries as having “high” or “very high” levels of government restrictions, or “28% of the 198 countries and territories included in the study” (Majumdar and Villa 2020, 5). The report looked at government laws, policies, and actions, as well as acts of religious hostilities by private individuals, organizations, or group societies, finding that “most of the 56 countries with high or very high levels of government restrictions on religion are in the Asia-Pacific region (25 countries, or half of all countries in that region) or the Middle East-North Africa region (18 countries, or 90% of all countries in the region)” (Majumdar and Villa 2020, 3-6). The scores states received depended in part on a series of questions that determined how governmental authorities handled religious freedom, including whether they were discriminatory towards certain religions in law and/or practice, used physical force, or passed laws that impeded the right. The 56 countries designated as having high or very high levels of governmental restrictions were found to curtail freedom of religion excessively, often for reasons that are not viewed as permissible under international human rights law, such as accusing religious practitioners of inciting dissent, engaging in blasphemy, or practicing an unpopular religion in the state, among others (Majumdar and Villa 2020, 10-11).
The Pew Research Center’s report, titled "In 2018, Government Restrictions on Religion Reach Highest Level Globally in More Than a Decade, named China and Iran as having the highest level of government restriction on religion. In China’s case, the report cited the government’s continued “detention campaign against Uighurs, ethnic Kazakhs and other Muslims in Xinjiang province, holding at least 800,000 (and possibly up to 2 million) in detention facilities ‘designed to erase religious and ethnic identities,’ according to the U.S. State Department,” as well as its prohibition of certain religious practices (Majumdar and Villa 2020, 8). The United States Commission on International Religious Freedom further denounced the Chinese government’s implementation of its “sinicization of religion” policy which demands that “religious groups support the Chinese Communist Party’s (CCP) rule and ideology,” punishing those that did not (United States Commision on International Religious Freedom 2022, 1). Iran was similarly criticized for its persecution of religious minorities, including the Iranian government’s continued usage of “antisemitic rhetoric to incite intolerance against Jews”, the sentencing of Christian “on national security grounds”, and repression of Sunni Muslims for arbitrary reasons (United States Commision on International Religious Freedom 2022, 27). These acts have received international backlash, drawing the concern from intergovernmental agencies like the UN, as well as other nations. The other 54 states listed as having high or very high governmental restrictions followed similar trends, making up 28% of the states and territories that were included in the study.
While a minority of governmental authorities actively curtail the right to freedom of religion for reasons that are not viewed as permissible by the international community, there is a larger number of states that do so for generally acceptable reasons but apply it in a manner inconsistent with international human rights law. The UN’s Special Rapporteur on Freedom of Religion and Belief delivered a report to the UN General assembly raising the concern that “the precise extent of such limitations in specific circumstances has become a salient topic in many countries,” with many governmental authorities obstructing freedom of religion under the pretense of using generally accepted limitations (United Nations Human rights Council 2023, 27). The Special Rapporteur recognized the “need to protect public safety and public order” but warns “there is a risk that States will cite them to justify restrictions on [freedom of religion or belief] imposed for reasons tantamount to national security interests, by arguing that a [religious or belief] group is engaged in political activities that endanger public safety and order” (Special Rapporteur 2018, 8). The report asserts that “laws on apostasy or blasphemy, which are often framed as ‘anti-incitement legislation’, [and] exist in at least 69 States, reflect the idea that the expression of certain views within a society may create ‘discontent’, subvert ‘national unity’ or undermine public order and public safety” (Special Rapporteur 2018, 9). They further mention that some “states have also adopted measures to address concerns that some religious publications (both online and off), including sacred texts, may constitute a threat to peace and security”, which can lead government authorities to ban or censor certain religious materials (Special Rapporteur 2018, 9). Critics have recently accused France of engaging in such activity, citing the “controversial Reinforcing Republican Principles Bill, also known as the Anti-Separatism Law,” passed by the National Assembly in 2021 (Freedom House 2022). Freedom House, a nonprofit organization that conducts research, reported that “claiming to combat ‘religious separatism,’ the law allows the government to dissolve religious organizations, increases the surveillance of mosques and Muslim associations, and requires the latter to sign a contract of ‘respect for Republican values’ when applying for state subsidies. Critics have warned that it particularly stigmatizes Muslims and could increase Islamophobic sentiment” (Freedom House 2022). Though the state’s reasoning for limiting religious freedom may be viewed as permissible (national security concerns, public safety, etc.), these same limitations may become overextended and used in an oppressive manner.
Freedom of religion is protected under international human rights law, which allows for exceptions when limitations are needed to “protect public safety, order, health or morals or the fundamental rights and freedoms of others” (UN General Assembly 1981, 3) . Most states curtail the right for these reasons, however, there is a smaller percentage of countries that do not do so, acting in a more restrictive manner. Additionally, there are states that use the reasons that are generally viewed as permissive but apply it in a manner inconsistent with international human rights law.
References:
Freedom House."France: Freedom in the World 2022 Country Report." 2022.
Majumdar, Samirah, and Virginia Villa. "In 2018, Government Restrictions on Religion Reach Highest Level Globally in More Than a Decade." Pew Research Center, 2020.
Special Rapporteur. "Interim report of the Special Rapporteur on freedom of religion or belief." United Nations General Assembly, 2018.
UN General Assembly. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. OHCHR, 1981.
United Nations Human rights Council. "Rapporteur"s Digest on Freedom of Religion or Belief" United Nations. 2023. https://www.ohchr.org/sites/default/files/Documents/Issues/Religion/RapporteursDige stFreedomReligionBelief.pdf.
United States Commision on International Religious Freedom. "2022 Annual Report." 2022.