A/HRC/15/53
37.
On 30 January 2010, a complaint was lodged by the Muslim Cultural Association in
the town of Crépy-en-Valois, France, after local residents reportedly discovered graffiti on
the walls of a Muslim place of worship. Such graffiti included the words “Islam out of
Europe”, “Islam out”, as well as a blue, white and red flag and a Celtic cross. An inscription
“France to the French” was discovered on a wall in a nearby street where the worshipers
usually parked their cars.
(b)
Observations by the Special Rapporteur on attacks on religious sites
38.
The Special Rapporteur strongly condemns all attacks perpetrated against religious
sites. In this regard, he would like to recall the existing international human rights standards
to protect religious sites. For instance, according to article 6 (a) of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or
Belief,3 the right to freedom of thought, conscience, religion or belief includes the freedom,
“to worship or assemble in connection with a religion or belief, and to establish and
maintain places for these purposes”. Furthermore, in its resolution 55/254 on protection of
religious sites, the General Assembly “calls upon all States to exert their utmost efforts to
ensure that religious sites are fully respected and protected in conformity with international
standards and in accordance with their national legislation and to adopt adequate measures
aimed at preventing such acts or threats of violence”. In its general comment No. 22, the
Human Rights Committee stated that “the freedom to manifest religion or belief in worship,
observance, practice and teaching encompasses a broad range of acts. The concept of
worship extends to ritual and ceremonial acts giving direct expression to belief, as well as
various practices integral to such acts, including the building of places of worship”.
39.
In relation to places of worship, the Special Rapporteur would like to refer to the
work undertaken by Asma Jahangir, Special Rapporteur on freedom of religion or belief. In
her report to the sixty-first session of the Commission on Human Rights (E/CN.4/2005/61),
she stressed that “places of worship are an essential element of the manifestation of the
right to freedom of religion or belief to the extent that the great majority of religious
communities or communities of belief need the existence of a place of worship where their
members can manifest their faith” (E/CN.4/2005/61, para. 50). She also stated that places of
worship, cemeteries, monasteries or community headquarters have more than a material
significance for the religious community attached to them. Believers are in a situation of
special vulnerability whenever they find themselves in places of worship, given the nature
of their activities. She further stated that she was “therefore of the opinion that States
should pay increased attention to attacks on places of worship and ensure that all
perpetrators of such attacks are properly prosecuted and tried” (para. 49). Moreover, she
emphasized that “attacks or other forms of restriction on places of worship in many cases
violate the rights not only of a single believer, but also of a group of individuals forming
the community that is attached to the place in question” (A/64/159, para. 11).
C.
Religious and ethnic profiling
(a)
Cases received by the Special Rapporteur
40.
According to the 2009 Global Sikh Civil Rights Report,4 there have been a number
of cases where Sikhs have been incorrectly detained and face harassment when entering the
3
4
GE.10-14999
Ibid.
Jaspreet Singh et al., 2009 Global Sikh Civil Rights Report: A Civil Rights Report on the State of the
Sikh Nations (United Sikhs, 2009), pp. 70–72. Available from http://unitedsikhs.org/Annual_Reports/
2009_Sikh_Civil_Rights_Report.pdf.
9
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