FREEDOM OF RELIGION AND BELIEFS IN ASEAN: CHARTER AND TREATY BASED DOCUMENTS

v Filipina

UPR National Report Charter Based Treaty Based Peace process. Under the APCC-IMT, the Philippine Government and the Moro Islamic Liberation Front panel re-confirm their obligations under humanitarian law and human rights law to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict situations. The parties also agreed to commit themselves to: Refrain from targeting or intentionally attacking civilian properties or facilities such as schools, hospitals, religious premises, health and food distribution centers, or relief operations, or objects or facilities indispensable to the survival of the civilian population and of a civilian nature; (p. 6)

UPR Recommendation Provide complete and accurate information and access to all methods of family planning irrespective of sex or religion and embed this policy in a legal framework with the adoption of the pending Reproductive Health Bill (Para. 131.34).1

CRC reiterated its concern at the alleged cases of sexual abuse of children in religious institutions.2 ICCPR 2012: The Committee is concerned that the Muslim Personal laws codified by Presidential decree No. 1083 discriminate on the basis of religion regarding the minimum age for marriage for girls and also permits polygamy amongst Muslims, which undermine the principle of non-discrimination as provided under the Covenant arts. 2, 23, 24 and 26 (Para 11) The State party should revise the Code of Muslim Personal laws to prohibit polygamous marriages and repeal the provisions that discriminate on the basis of religion regarding the minimum age for marriage for girls.

1 A/HRC/21/12: Report of the Working Group on the Universal Periodic Review: Philippines 2 A/HRC/WG.6/13/PHL/2: Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Philippines

To ensure that members of the security forces are trained on human rights and on their responsibility to protect human rights and human rights defenders: 59. The Bayanihan plan was crafted after multi-stakeholder consultations involving government, academe, the religious sector, the private sector, and non-government and civil society organizations. (p. 12)3

CERD 8. The Committee appreciates the standard procedural instructions issued by the National Police Commission to ensure that there shall be no discrimination on account of gender, religion, ethnic origin or political affiliation in the recruitment, selection and appointment of Philippine National Police personnel. 15. While noting the State partys information on legislative, judicial and administrative measures taken at the national, provincial and local levels with the aim of protecting against racial discrimination and that the 2007 Anti-Religious and Racial Profiling bill is pending consideration by Congress, the Committee remains concerned that the State party has not adopted a comprehensive anti-discrimination law. The Committee recommends that the State party adopt a comprehensive law on the elimination of discrimination on the grounds of race, color, descent or national or ethnic origin, covering all rights and freedoms protected under the Convention. The Committee asks for further information on the status of the 2007 Anti-Religious and Racial Profiling bill and any other bills relating to racial discrimination pending consideration

3 A/HRC/WG.6/13/PHL/1: National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Philippines

by Congress. CAT Human rights defenders and other individuals at risk. The Committee notes with concern the numerous documented reports of harassment and violence against human rights defenders that hamper the capacity of civil society monitoring groups to function effectively. The Committee is also concerned at reports that others are also commonly victims of serious human rights violations, including torture, ill-treatment, killings, disappearances and harassment. Among those so affected are indigenous rights defenders, such as Lumads of Mindanao and Igorots of the Cordillera, trade union and peasant activists, journalists and reporters, medical personnel, and religious leaders. (arts. 2, 12 and 16) The State party should take all necessary steps to ensure that all persons, including those monitoring human rights, are protected from any intimidation or violence as a result of their activities and exercise of human rights guarantees, to ensure the prompt, impartial and effective investigation of such acts, and to prosecute and punish perpetrators with penalties appropriate to the nature of those acts. Recalling the Committees general comment

No. 2 (CAT/C/GC/2, para. 21), the State party should ensure the protection of members of groups especially at risk of ill-treatment, including by prosecuting and punishing all acts of violence and abuses against such individuals and ensuring implementation of positive measures of prevention and protection. (para 11) v Indonesia

UPR National Report Charter Based Treaty Based Public Complaint Service complements the existing efforts to continuously promote and protect human rights, including through the Indonesian National Human Rights Commission and Ombudsman... Aiming at providing mechanism to address any allegations of human rights violation.. and religious freedom has been communicated.4 Human Rights Education/ Training: Actively involving wide range of stakeholders, including religious leaders which are aimed at increasing awareness and respect for human

UPR Interactive Dialogue Sweden noted that religious tolerance is the hallmark of Indonesian democracy but that certain incidents suggested that persons belonging to religious minorities may face discrimination and persecution for expressing or practising their religion or belief. It indicated that, according to credible reports, ill-treatment of prisoners occurred in the country. (para 35) Switzerland expressed concern about acts of intolerance and discrimination perpetrated

CEDAW 2007 The Committee urges the State party to review, monitor and evaluate the implementation of local and regional laws to ensure that they fully comply with national human rights laws and the obligations of the State party under the Convention, so that womens rights are fully protected throughout the country. The Committee recommends that such measures should include, inter alia, the provision of guidelines to local authorities on 4 A/HRC/WG.6/13/IDN/1: National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Indonesia.

rights for all. Indonesia has robustly promoted are Interfaith Dialogues, whether among nations or within the country. Aiming at fostering religious tolerance and harmony, as well as enhancing relation and understanding between people coming from different backgrounds and religious beliefs (p. 8) Freedom of religion (p. 11-12) 58. Indonesian Constitution and ideology, Pancasila, guarantees the right to freedom of religion and belief as one of the basic and non-derograble human rights. Nonetheless, frictions among certain groups of religious followers in recent years continue to be a challenge. The Government is committed to ensuring the peaceful resolution of the problems. The Government recognises that the problem lies in how to create and maintain public order and to ensure that this right is fully promoted and protected. In particular, the issues at hand are, inter alia, the protection to the Ahmadis, the disputes regarding building places of worship, and the problems of practicing ones religion. 59. The Government also recognized the efforts of civil society to promote religious harmony. It is noted that various fora of dialogue between religious groups have been established, including the Religious Harmony Forum (Forum Kerukunan Umat

against religious and ethnical minorities or against people for their sexual orientation or gender identity. (para.36) Timor-Leste concerns about expressions amounting to religious intolerance in the country (para. 38) Ukraine expressed concern at friction between certain religious groups and encouraged Indonesia to undertake necessary efforts to ensure the peaceful resolution of the issue. It welcomed the inclusion of civil society in efforts to promote religious harmony (para 40). The United Kingdom of Great Britain and Northern Ireland stated that the occurrence of friction between religious groups and attacks against minorities and encouraged Indonesia to tackle violence against minority faiths and accept visit requests by Special Rapporteurs (para. 46.). The United States of America concerns about the failures to create and enforce a framework of accountability for abuses by the military and police and to protect certain religious minorities (para. 47). Denmark concerns on attacks and harassment against religions communities and that some local administrations had introduced religiously founded by-laws that were

the drafting of local laws and the rescinding of laws discriminating against women. The Committee encourages the State party to obtain information on comparative legislation and jurisprudence in which more progressive interpretations of Islamic law have been codified and applied. It also urges the State party to take all necessary steps to increase support for law reform, including through partnerships and collaboration with Islamic jurisprudence research organizations, civil society organizations, womens non-governmental organizations and community leaders, that is supportive of womens equality. (para 13) CEDAW 2012 The Committee is deeply concerned about : (b) Cases of discrimination, violence and sexual intimidation specifically targeting women who belong to religious minorities, such as Ahmaddiyah, Christians, Buddhists and Bahais, as well as indigenous women; and cases of violation of the rights of indigenous women to access their land, water and natural resources. (para 45 b). The Committee urges the State party to: Implement effective measures to eliminate discrimination and violence, including sexual violence and intimidation, against women belonging to religious minorities, such as Ahmaddiyah, Christians, Buddhists and

Beragama/FKUB), which are present at national and sub-national levels. The Forums main goal is to maintain and enhance the religious harmony in Indonesia through dissemination of various rules and regulations relating to religious issues, garnering and discussing community inputs to be channelled to the local and/or central government, putting forward recommendations regarding the proposals to build a place of worship, and acting as mediator to reconcile differences among religious groups. 60. With vastly diversified societies in terms of religions as well as ethnic groups like Indonesia, the Government tirelessly promotes religious tolerance and harmony within the country, including by empowering the moderates. Moreover, numerous dialogues, including the one on building multicultural understanding and tolerance, have been conducted in many provinces in Indonesia. Involving various stakeholders, including religious leaders from all religions, these dialogues are aimed at promoting religious tolerance and understanding in order to prevent outbreaks of violence stemming from prejudice and intolerance. 61. Along the same line, the Government also continues to evaluate the policies to better reflect the Governments policy in promoting and protecting human rights as well as maintaining public order. One of the examples

discriminatory against women and religious minorities (para 69). As a diverse, multi-ethnic, multi-religious country, Indonesia attached the highest priority to the issue of freedom of religion. It indicated that freedom of religion was guaranteed in Constitution but that it went beyond the provisions of the Constitution. Indonesia, as a matter of principle, did not interfere in the issue of individual belief and shared respect with all religions. There was sometimes a misperception that Indonesia recognized only six official religions; Islam, Catholicism, Protestantism, Hinduism, Buddhism and Khong Hu Chu. This mistaken view came from an incomplete reading of law No. 1 of 1965. The law did not provide official recognition to any religion, but merely reaffirmed the existence of those religions in Indonesia. It did not mean that other religions were not allowed in Indonesia. Indonesia was too conscious of recent incidents which indicated an intolerance of religion. It explained that other democracies had found their democratic space exploited by those who professed intolerance and hatred amongst religions. The Government is determined to address such cases of intolerance amongst religions and to ensure believers, such as Ahmadis, were able to practise their faith in a good manner (para. 76). Indonesia reaffirmed its absolute and total commitment to ensuring the protection and

Bahais, and indigenous women; ensure their security and enhance their enjoyment of human rights and ensure access to land and natural resources for indigenous women, through all available means, including temporary special measures, in accordance with article 4, paragraph 1 of the Convention, and general recommendation no. 25 (2004) on temporary special measures. (para 46 b) The Committee is concerned about: The absence of protection for women having undertaken an inter-religious marriage; and the discriminatory inheritance laws for sons and daughters according to which sons inherit twice. (para, 47 c and d).

is the iniative to formulate draft Law on Religious Harmony, which has begun to be debated in public.

freedom of religion; 104. Indonesia will continue to cultivate a culture of respect for human rights for all in its multicultural, multi-religious and multi-ethnic society. (para 101) 62. Regarding the protection of the Ahmadis, the Government is of the view that the Law No. 1/PNPS/1965, which has undergone a judicial review at the Constitutional Court, provides the basis for maintaining public order in the community in terms of religious issues. It does not prohibit the Ahmadis to profess and practice the religion, instead it protects them to do such activities. The law only regulates the proselytisation of the religion. Indeed, in this spirit, the implementing regulation. i.e. the 2008 Joint Ministerial Decree on Ahmadiyah, regulates the proselysation of the Ahmadis as well as the call for all people to forbid resort of violence against certain religous groups. 63. On the issue of places of worship, it is indeed the duty of the Government to ensure that the right to practice religion is fulfilled, while at the same time, the Government also needs to ensure public order. Moreover, the existing mechanism dealing with this issue, namely Joint Ministerial Regulations (PBM) No. 9 and 8 of 2006 on the Guidelines for Head of Provincial/Local Governments in maintaining religious harmony, in empowering Religious Harmony Forum and in

UPR Recommendation Para. 108.97: Continue its efforts to enhance religious tolerance and harmony among the vast and diverse society of Indonesia through the existing Religious Harmony Forum both at the national and sub-national levels (Timor-Leste). Para. 108.99: Ensure that all ministerial decrees regulating religious life, as well as all local religiously founded bylaws, are in conformity with international human rights law (Norway). Para. 108.100: Seek possible ways to speed up the adoption of the religious harmony bill currently discussed by national lawmakers (Ukraine). Para. 108.101: Institute trainings and awareness campaigns for provincial and municipal officials in respect for the rule of law and with regard to protecting the freedom of religion and other rights of members of religious groups (America). Para. 108.104: Revise any national legislation

CERD The Committee recommends that the State party treat equally all religions and beliefs and ensure the enjoyment of freedom of thought, conscience and religion for ethnic minorities and indigenous peoples. Noting that the State party is considering removing the mention of religion on identification cards in order to be in line with the objectives of the Convention, the Committee strongly recommends it to do so in a timely manner, and to extend such a policy to all legal documents. The Committee also recommends the adoption of legislation allowing individuals to contract a civil marriage if they so wish. (para 21) CAT Recalling the Committees general comment No. 2 (CAT/C/GC/2, para. 21), the State party should ensure the protection of members of groups especially at risk of ill-treatment, by prosecuting and punishing all acts of violence and abuses against those individuals and ensuring implementation of positive measures of prevention and protection. The State party should ensure prompt, impartial and effective investigations into all ethnically motivated violence and discrimination, including acts directed against

building places of worship, proves to be adequate. Nevertheless, in certain cases which cannot be settled under this mechanism, other relevant institutions including the Parliament, Ombudsman as well as National Commision on Human Rights, will be involved. One of the outstanding cases which remains to be a challenge is Taman Yasmin Church in Bogor. Challenges and constraints: Issues such as religious freedom, street children, and poverty eradication, require extra attention and Indonesia remains committed to addressing these pertinent issues.

that may be in conflict with international obligations, and strengthen efforts to ensure that any assaults against persons regardless of their religious affiliation are investigated, and that those responsible for such assaults are brought to justice (Sweden). Para. 108.105: Take legislative action and effectively prosecute the incitement of hatred and acts of violence against all religious minorities (Austria); Para. 108.106: Take further measures to ensure the full protection of the freedom of religion or belief for religious minorities (Japan); Para. 108.107: Intensify its efforts in taking all necessary measures to stop violence and discrimination against religious groups (Netherlands); Para. 108.108: Investigate and prosecute all cases of harassment and discrimination of religious minorities and non-believers (Norway); Para. 108.109: Continue to promote religious tolerance and to hold to account the perpetrators of violence and threats against religious minorities (Italy); Para. 108.110: Take a resolute action against any act of religious violence and implement

persons belonging to ethnic and religious minorities, and prosecute and punish perpetrators with penalties appropriate to the nature of those acts. The State party should also publicly condemn hate speech and crimes and other violent acts of racial discrimination and related violence and should work to eradicate incitement and any role public officials or law enforcement personnel might have in consenting or acquiescing in such violence. It should ensure that officials are held accountable for action or inaction that breaches the Convention. The State party should give prompt consideration to expanding the recruitment of persons belonging to ethnic and religious minorities into law enforcement, and to respond favourably to the request of the Special Rapporteur on freedom of religion to visit the country. (para 19)

appropriate, efficient measures to prevent intolerance or discrimination on religious grounds (Slovakia); Para. 108.111: Guarantee the full exercise of freedom of religion (Spain); Para. 108.112: Undertake measures to protect members of religious groups, including Ahmadis, Bahais, Christians and Shias from harassment and acts of violence. This should commence with holding senior law enforcement accountable for their duties that include training for law enforcement officials at the local level to ensure an effective and adequate response to these incidents. This would also include reviewing laws and regulations which discriminate, directly or indirectly against ones religion or belief, including in particular the Blasphemy Act (Canada) Para. 108.113: Intensify its efforts to respect and uphold freedom of expression, including political expression, and the freedom to manifest ones religious belief, for all its citizens, including by ensuring effective state protection for minorities (Australia); Para. 108.139: Continue to support ethnic and religious tolerance within a diversified society (Lebanon); Para. 108.144: Continue to comprehensively

promote economic and social development as well as the harmonious co-existence among all ethnic groups and religious groups (China). Para. 109.31: Amend or revoke laws and decrees that limit the right to freedom of thought, conscience and religion, including the 1965 Blasphemy Law, the 1969 and 2006 ministerial decrees on building houses of worship and religious harmony and the 2008 Joint Ministerial Decree on Ahmadiyah to bring these laws into line with international human rights standards (Denmark).

v Thailand

UPR National Report Charter Based Treaty Based The Southern unrest is not a conflict of religious nature but is caused by social and economic inequalities resulting from past development policies, as well as ethnic and historical factors.5 (para 29) UPR Recommendations Para. 88.54: Continue to accelerate efforts to resolve the situation in the Southern Border Provinces and ensure the reconciliation remains a priority (South Africa); Para. 88.55: Strengthen efforts to find a solution to the unrest in the southern border areas and ensure that justice is achieved for all sides (Qatar); Para. 88.65: Continue monitoring and

ICCPR Para. 24: The Committee expresses its concern about the structural discrimination by the State party against minority communities, in particular the Highlanders with regard to citizenship, land rights, freedom of movement and the protection of their way of life. The Committee notes with concern the treatment of the Highlanders by law enforcement officials, in particular their forced eviction and relocation in the context of the 1992 Master Plan on Community Development, 5 A/HRC/WG.6/12/THA/1: National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Thailand

assessing closely the implementation of the Master Plan for the Administration of Justice, and the Strategic Plan for Development of Justice Process in the Southern Border Provinces of Thailand (Malaysia); Para. 88.67: Investigate allegations of human rights abuses by all parties in the southern border provinces of Thailand (Australia) Para. 88.68: Promptly investigate all allegations of human rights violations, including in the three southernmost provinces, and bring perpetrators to justice (Canada); Para. 89.39: Take immediate steps to improve the situation in Southern Thailand so the special security laws can be lifted (United Kingdom);

Environment and Narcotic Crop Control in Highland Areas, which gravely affected their livelihood and way of life, as well as the reports of extrajudicial killings, harassment and confiscation of property in the context of the war on drugs campaign. The Committee is also concerned about the construction of the Thai-Malaysian Gas Pipeline and development projects which have been carried out with minimal consultation with the concerned communities. In addition, the Committee is concerned about violent suppression of peaceful demonstrations by law enforcement officers in contravention of articles 7, 19, 21 and 27 of the Covenant (arts. 2, 7, 19, 21 and 27). The State party should guarantee the full enjoyment of the rights of persons belonging to minorities that are set out in the Covenant, in particular with respect to the use of land and natural resources, through effective consultations with local communities. The State party should respect the rights of persons belonging to minorities to enjoy their own culture, to profess and practice their own religion, and to use their own language in community with other members of their group. Islamic Human Rights Commission (IHRC) highlighted discrimination against Muslims practising their religion. AI highlighted the CRC In 2006, CRC expressed concern about the persistence of discrimination against the child,

fact that in August 2010, the police dropped all charges against a former paramilitary ranger alleged to have been involved in an attack in 2009 on the Al-Furqan mosque in which 10 Muslims were killed. STP stated that four other alleged accomplices remained at large. IHRC recommended, inter alia, that Muslims should be given the freedom to practice Islam according to their religious belief, without military interference.6

particularly with respect to the girl child, children of indigenous, and religious or ethnic minority communities, children of refugees and asylum-seekers, children of migrant workers, street children, children with disabilities, children living in rural areas, and children living in poverty.7 Para 33: The Committee notes the measures that are being taken to eliminate to some extent the disparities in access to education and health as well as special measures taken concerning children in the disadvantaged North-East and South of the country. Nevertheless, the Committee expresses concern that the efforts are insufficient to eradicate both direct and indirect discrimination against children, particularly with respect to the girl child, children with disabilities, children of indigenous, religious or ethnic minority communities, children of refugees and asylum-seekers, children of migrant workers, children in street situations, children living in rural areas, and children living in poverty. The Committee remains deeply concerned about regional disparities, especially in the North-East and South, regarding access to social, health and educational services for children.

6 A/HRC/WG.6/12/THA/3: Summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1: Thailand. 7 A/HRC/WG.6/12/THA/2: Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Thailand

v Myanmar

National Report Charter Treaty The Myanmar Human Rights Committee led by the Minister for Home Affairs was initially formed on 26 April 2000. This institution has been carrying out activities relating to home affairs, legal affairs, social, labour, health, educational and international affairs, and affairs relating to religious rights, right to development, and women and child rights.8 The rights of freedom of thought, conscience and religion are provided.19 There is also prohibition of any propaganda for war and any advocacy of national, racial or religious hatred that constitutes an incitement to discrimination, hostility or violence (para. 41).

UPR Interactive Dialogue Pakistan hoped that Myanmar would continue to strengthen the democratization process. It expressed concern that the international community had not lifted sanctions against Myanmar, which affected the people, and should consider doing so. Pakistan was concerned that some minority groups were discriminated against on the basis of religion and race.9 (para. 32) Slovenia concerns over freedom of religion (para.35) Poland expressed regret that, despite constitutional provisions, the Government continued to control and restrict the practices of minority religions. It asked about allowing ethnic and religious minorities to exercise their rights (para 75).

CRC10 In the light of its previous recommendation (CRC/C/15/Add.237, para. 20), the Committee urges the State party to: (c) Define strategic budgetary lines for children in disadvantaged or vulnerable situations that may require affirmative social measures, especially children from ethnic and religious minority groups, children from remote and border areas, internally displaced children, children in street situations, children affected by HIV/AIDS, children with disabilities, orphans and children in situation of poverty, and make sure that those budgetary lines are protected even in situations of economic crisis, natural disasters or other emergencies (para. 18) The Committee reiterates its concern (CRC/C/15/Add.237 para. 27) about the multiple forms of discrimination that persist in the State party, particularly those against girls and children in vulnerable and disadvantaged situations, such as children from ethnic and religious minority groups (including Rohingya children), children from Freedom of religion Both the Constitution of 1947 and the Constitution of 1974 stated that any citizen of

UPR Recommendations Para. 104.29: Ensure that ethnic and religious minorities are granted fundamental rights and 8 A/HRC/WG.6/10/MMR/1: National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Myanmar 9 A/HRC/17/9: Report of the Working Group on the Universal Periodic Review: Myanmar 10 Concluding observations CRC: Myanmar CRC/C/MMR/C)/3-4, 14 March 2012

Myanmar regardless of race, religion and sex has the rights to the freedom of faith. Similarly, the Constitution of the Republic of the Union of Myanmar (2008), which was adopted through a nation-wide referendum, guarantees the freedom of religion. In Myanmar, Buddhism is the faith professed by the majority of the population. There are also other religions professed by the minority. Section 362 of the aforesaid Constitution states: "The Union also recognizes Christianity, Islam, Hinduism and Animism as the religions existing in the Union at the day of the coming into operation of this constitution". Every religion professes by the national races is equally recognized and respected. In the heart of Yangon City, religious monuments, such as the Sule Pagoda of Buddhism, the Bengali Mosque of Islam, the Immanuel Church of Christianity, the Ganish of Hinduism stand side by side as a clear evidence of freedom of religion in the country. Madame Sadako Ogata, Independent Expert of the Commission on Human Rights, who came to Myanmar in 1990, remarked that Myanmar is a model society with regard to the freedom of faith (para.74) The freedom of faith is also reflected in the annual Haj pilgrimage being arranged by the Ministry of Religious Affairs of the Union of Myanmar. Under its auspices, from 1986 to 2010, 15740 Haj pilgrims from Myanmar have been sent to Saudi Arabia on pilgrimage (para.

end discrimination against persons belonging to these minorities (Slovenia); Para. 104.40: Promote interreligious dialogue and cooperation at the key local and national levels (Philippines); Para. 104.52: Ensure that ethnic minorities are granted fundamental rights and are enabled to enjoy their culture, religion and their language freely and without any form of discrimination (Poland); Para. 107.8: Promptly bring its domestic legislation and Constitution in line with international standards and remove restrictions on fundamental freedoms, including freedom of expression, freedom of peaceful assembly and association, freedom of the press and religious freedom (Canada); Para. 107.12: With regard to children, take necessary measures to improve the birth registry system, following the recommendation of the CRC in not identifying any ethnic or religious group in official documents which could allow discriminatory treatment (Uruguay) Para. 107.22:Accept the visits of the Country Rapporteur and thematic Rapporteurs on the independence of judges and lawyers and on freedom of religion as well as the Representative of the Secretary-General on

remote and border areas, internally displaced children, children in street situations, children affected by HIV/AIDS, children with disabilities, orphans and children in situation of poverty (para. 35). The Committee urges the State party to: (a) Undertake the necessary legislative changes to ensure nondiscrimination on the basis of sex, ethnicity or religion and explicitly incorporate the principle of non-discrimination on any grounds in all newly developed legislation and policies (para.36). The Committee is concerned about: The mention of religion and ethnic origin on the identity card (para. 41 d). Freedom of thought, conscience and religion The Committee is concerned that the right of the child to freedom of thought, conscience and religion, although provided by the Child Law, is not respected or protected in practice. The Committee is further concerned about reports that some children are placed in Buddhist monasteries and converted to Buddhism without their parents knowledge or consent and that the Government seeks to induce members of the Naga ethnic group, including children, in Sagaing Division to convert to Buddhism (para.45). In the light of article 14 of the Convention, the

75). internally displaced persons (Uruguay); Para. 107.27: Abandon the policy and practice of discrimination, forced assimilation and persecution against ethnic and religious minorities (Italy); Para. 107.30: Investigate and punish all cases of intimidation, harassment, persecution, torture and forced disappearances, especially against political dissidents, journalists, ethnic and religious minorities and human rights defenders (Uruguay) Para. 107.51: Release immediately all persons who are detained solely on the basis of their peaceful political activity, ethnicity or religion (Canada); Para. 107.62: Remove all.. religious discrimination, arbitrary arrest, torture, and imprisonment of peaceful political activities by ethnic minorities (Sweden); Para. 107.67: Immediately end violence and discrimination against members of ethnic and religious minorities, grant full citizenship rights to Rohingyas and end sexual violence committed against ethnic minority women (United States of America);

Committee urges the State party to ensure full respect for the right to freedom of thought, conscience and religion for all children. The Committee recommends that the State party cease placing children in Buddhist monasteries and converting them to Buddhism without their parents knowledge or consent, and inducing members of the Naga ethnic group, including children, to convert to Buddhism (para. 46). Children involved in armed conflict The Committee notes the efforts of the Government of Myanmar and the Committee on the Prevention of Military Recruitment of Underage Children to prevent and halt the recruitment and use of child soldiers. The Committee also notes that the State party cooperated with ILO to return underage recruits. However, the Committee is deeply concerned by: The use of forced labour of children in support of military garrisons or military operations and of non-State armed groups, in activities such as portering, sentry or guard duty and camp-security-fence construction, in particular in ethnic or religious minority regions. (para. 81 d) The Committee urges the State party to: (g) Take immediate and effective measures to eliminate child labour in support of military garrisons and operations and of non-State armed groups, in activities such as portering,

sentry or guard duty and camp-security-fence construction, in particular in ethnic or religious minority regions, and take the appropriate measures to systematize and institutionalize disciplinary processes and/or action against the military officers and civilians responsible for recruiting and using child labour (para. 82.g) Children belonging to minority or indigenous groups The Committee reiterates its concern (CRC/C/15/Add.237, para. 27) that children belonging to ethnic, indigenous, religious and other minority groups, in particular Rohingya children, face multiple restrictions and forms of discrimination and continue to be denied access to basic rights, including the right to food, health care, education, survival and development, as well as the right to enjoy their culture and to be protected from discrimination (para. 96). CEDAW11 The Committee urges the State party to urgently eliminate all forms of violence and discrimination against women in northern Rakhine State and, in particular, to alleviate the heavy restrictions on the movement of residents within northern Rakhine State, especially women and girls. The Committee

11 Concluding observations CEDAW (CEDAW/C/MMR/CO/3, 7 November 2008)

further urges the State party to lift the orders concerning marriage authorization and restriction of pregnancy, which violate the human rights of those women. The State party should also take effective measures to improve their access to primary health care and basic education. The State party is encouraged to continue to collaborate with the international community, especially UNHCR and the United Nations Population Fund, in those efforts (para. 43). The Committee urges the State party to grant citizenship to residents, in particular, on the basis of their long-standing ties to Myanmar, to the Muslims of northern Rakhine State and to allow them, in particular the women, the full enjoyment of their human rights. The State party is encouraged to continue to collaborate with the international community, especially the Office of the United Nations High Commissioner for Refugees (UNHCR), in those efforts (para. 33). v Malaysia

UPR National Report Charter Based Treaty Based

Para. 21: Malaysia is also undertaking a comprehensive review of national legal framework to ensure compatibility with the principles and provisions of the CRC and CEDAW. In that regard, a Committee has been established to study the issues relating to dissolution of marriage, maintenance, custody, inheritance and determination of the religion of the child of a civil marriage during conflict situation resulting from one of the spouse converting to Islam. Simultaneously, a Committee was also established to review laws relating to women's rights under the Islamic family law.12 Para. 114: While upholding the universal principles of human rights, Malaysia would like to accentuate its human rights values which take into account the history of the country as well as the religious, social and cultural diversities of its communities. This is to ensure that the respect for social harmony is preserved and protected. The practices of human rights in Malaysia are reflections of a wider Asian value system where welfare and collective well-being of the community are more significant compared to individual rights.

UPR Interactive dialogue13 Para. 34: Australia noted the valuable contribution made regionally by the SUHAKAM. It noted the success in promoting multi-lingual education, including allowing minoritylanguage mother-tongue teaching in schools. Noting concerns about the rights of non-Muslims in cases involving Shariah law and freedom of religion, particularly for ethnic-Malays, it encouraged Malaysia to allow more open discussion on freedom of religion. Para. 47: The delegation responded to the issue of the demolition of Hindu Temples, which was alleged to be an issue of violation of freedom of religion. Malaysia was of the view that those intending to build places of worship must respect the Federal Constitution and the relevant laws of the country, irrespective of whatever religion. There had been many instances where the affected parties challenged the Governments actions in court. The acts of demolitions of such illegally constructed buildings by the authorities had no connection whatsoever with the freedom of religion in Malaysia. This had been confirmed by the findings of the complaint procedure mechanism of the Human Rights Council established to investigate this matter.

CRC Para. 15: The Committee acknowledges that in family and religious matters, all Muslims are subject to Syariah law and to the jurisdiction of Syariah courts and that, correspondingly, non-Muslims are subject to the provisions of civil law and to the jurisdiction of the civil-law judiciary. The Committee observes that these two systems apply different definitions of the child, and that differences in implementing a childs rights may result in legal disputes between non-Muslim mothers and fathers who have converted to Islam. It welcomes the establishment of the cross-sectoral Committee, which includes Muslim clerics, Syariah Court judges, legal practitioners, academics and government representatives to address the differences between the two legal systems. The Committee is concerned, however, at the slow pace of enacting and reforming the laws related to the implementation of the Convention. Para. 16: The Committee recommends that the State party conduct an international comparative study on the implications of the dual legal system of civil law and Syariah law and, based on the results of this assessment, take necessary measures to reform this dual system with a view to removing

12 A/HRC/WG.6/4/MYS/1/Rev.1: National Report Submitted in Accordance With Paragraph 15 (A) of the Annex to Human Rights Council Resolution 5/1: Malaysia 13 A/HRC/11/30: Report of the Working Group on the Universal Periodic Review: Malaysia

Recommendations: Para. 76: Chile expressed concern about abuse against women in particular sexual violence within marriage. It recommended that (d) adopt the measures necessary to guarantee freedom of religion; Para. 82: Holy See noted that the constitution provides for freedom of religion for all, but recognizes Islam as the countrys religion. The generally tolerant relationship among religious groups contributes to religious freedom, it said. Non-Islamic confessions however are submitted to many bureaucratic restrictions, and it recommended (a) continuing to guarantee religious freedom by taking away any impediment to the full enjoyment of this basic human rights for all its citizens. It noted that there is still a lack of legislation and policies on the rights of migrant workers and refugees, many of them women Recommendation needs response Continue to promote human rights in accordance with the values of the country (Oman); Continue with efforts to promote and protect human rights according to international commitments and religious and cultural specificities (Kuwait); Adopt the measures necessary to guarantee

inconsistencies between the two legal systems in order to create a more harmonious legal framework that could provide consistent solutions, for example, to family-law disputes between Muslims and non-Muslims. The Committee also recommends that the State party undertake a comprehensive review of the national legal framework with a view to ensuring its full compatibility with the principles and provisions of the Convention. The Committee further recommends that the State party take all necessary measures to expedite the process of necessary law reforms. In the light of articles 28 and 29 of the Convention, and taking into account the Committees General Comment No. 1 (2001) on the aims of education (CRC/GC/2001/1), the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to: Include human rights education, including the rights of the child, in the curricula, particularly with regard to the development of respect for human rights, tolerance and equality of the sexes as well as religious and ethnic minorities and indigenous peoples. (para. 75. e). Children belonging to minorities and indigenous peoples 106. As regards the right of the child belonging to ethnic, religious or linguistic minorities or to indigenous peoples to enjoy his or her own culture, to profess and

freedom of religion (Chile); Continue to guarantee religious freedom by taking away any impediment to the full enjoyment of this basic human rights for all its citizens (the Holy See); practice his or her own religion and to use his or her own language, in community with other members of his or her group, the Committee refers to the respective concluding observations above. It also draws the attention of the State party to the recommendations adopted on the Committees Day of general discussion on the rights of indigenous children (2003) (CRC/C/133, paras. 608-624). Special Rapporteur on freedom of religion, requested in 2006 On 16 July 2006, the Special Rapporteur on freedom of religion and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression wrote to the Government about the fact that over the previous month the Internal Security Ministry had banned 18 books, mainly devoted to the study of inter-religious matters, on the grounds that they could have disrupted peace and harmony. Reportedly, more than 45 books had been banned since 2003.75 The Government replied that publications which are in conflict with the true teachings of Islam, if made available without a certain amount of regulation, would create confusion and misunderstanding about the religion, leading to the creation of deviant movements and a

detrimental environment within a plural society.14 On 23 August 2006, the Special Representative of the Secretary-General on human rights defenders together with the Special Rapporteur on the independence of judges and lawyers sent a letter of urgent appeal concerning death threats against a lawyer representing a woman who had renounced Islam and embraced Christianity. Such threats were reportedly linked to his/her lawful activity as a lawyer and may represent an attempt to intimidate lawyers who take on cases in defense of the right to freedom of religion and belief. The Special Representative regretted the absence of any official reply from the Government. v Brunei Darussalam

UPR National Report Charter Based Treaty Based Para. 3: As of 2008, the country has a total population of 398,000, including 127,410 expatriates, with an average growth of 2.1 per cent per annum (Annex I). Brunei Darussalam is a multiethnic society with 67 per cent Malays2, 22 per cent other Indigenous UPR Interactive Dialogue Para. 24:Myanmar noted the practical measures to strengthen human rights without racial and religious discrimination, commending Brunei Darussalams vibrant and prosperous multiethnic society. As a fellow

CRC17 Para. 26: The Committee is concerned at the disparities in the enjoyment of all rights covered by the Convention by children practising religions other than Islam and by non-national children. The Committee is 14 A/HRC/WG.6/4/MYS/2: Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Malaysia

groups3 and 11 per cent Chinese. Islam is the official religion of Brunei Darussalam while other religions are also practised.15 The benefit or assistance may be granted to any orphan who is in resident in Brunei Darussalam regardless of citizenship, race or religion. Religious Tolerance Para. 78: Brunei Darussalam is blessed with peace and harmony enabling followers of all faiths to practice their religion and preserve their cultures. This is a major reason for the peace which Brunei Darussalam enjoys. The Constitution provides that persons of all religions shall have the freedom to practice these in peace and harmony. There are no restrictions on wearing religious attire or personal items depicting religious symbols. In addition, major religious celebrations are also observed as public holidays such as Eid Fitri (Hari Raya Aidilfitri), Chinese New Year and Christmas. Further, His Majesty practices mesra rakyat either through planned or unplanned visits in order for His Majesty to meet the public directly. Such practice strengthens the special relationship between His Majesty and the people.

ASEAN member, Myanmar encouraged Brunei Darussalam to continue its efforts to safeguard cultural and religious values.16 Para. 36: Brazil asked about further measures to combat ethnic, religious and gender discrimination and guarantee fundamental freedoms such as freedom of expression, association, religion and belief. Para. 40: Australia commended Brunei Darussalam on the high standard of living provided to its citizens. It noted the establishment in 2008 of the National Council on Social Issues and encouraged Brunei Darussalam to share examples of this Councils promotion of human rights. Australia asked for clarification on Brunei Darussalams efforts to ensure freedom of religion. Para: 48: Sweden remained concerned about womens and childrens rights, the freedom of religion, arbitrary detentions and the death penalty. Sweden made recommendations. Para. 53: The United States of America concerned at restrictions on religious freedom, including the ban on religious groups

further concerned that race is indicated on identity cards, as this may lead to de facto discrimination. Para. 27: The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee notes the very good education indicators, the broad scope of education in schools, encompassing a development-oriented co-curriculum besides the academic curriculum, and the intention to incorporate the Convention into school curricula, but remains concerned that: Taking into account the Committees general comment No. 1 on the aims of education, include human rights education, including about childrens rights, in the curricula, particularly with respect to the development of and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities (para.49.b)

17 Concluding observations: Brunei Darussalam, CRC/C/15/Add.219, 27 October 2003 15 A/HRC/WG.6/6/BRN/1: National Report Submitted in Accordance With Paragraph 15 (A) of the Annex to Human Rights Council Resolution 5/1: Brunei Darussalam 16 A/HRC/13/14: Report of the Working Group on the Universal Periodic Review: Brunei Darussalam

such as the BahaI, bans on proselytizing by religious groups other than the Shafii school of Islam, and bans on the importation of religious materials such as the Bible, the establishment of new places of worship, and the teaching of other religious traditions Para. 59: United Kingdom: Recognising Brunei Darussalams reputation for tolerance and openness, it expressed concern about restrictions on religious freedoms, treatment of ethnic minority in fields such as education, health and housing, and use of religion to justify reservations to international human rights treaties. Para. 64: New Zealand suggested that visits by the Special Rapporteurs on freedom of religion or belief, on freedom of expression, on torture, and on violence against women would be valuable to the dialogue between Brunei Darussalam and the international human rights community. Recommendations Para A-10: Adopt further measures and programmes and continue efforts in strengthening human rights in accordance with the values and customs in Brunei Darussalam (Oman); take more concrete measures with a view to fostering a genuine human rights culture with due regard to national and regional particularities as well as

historical, cultural and religious backgrounds (Islamic Republic of Iran); continue efforts to promote and protect human rights while preserving the institution of the family in all its components and preserving religious tolerance (Syrian Arab Republic); Para. A-11: Provide for training of members of the legal profession to be gendersensitive and work towards mobilization of religious leaders to support such efforts (Germany); Para. 31: Share its positive experience and best practices with other countries regarding the high level of ethnic and religious tolerance in Brunei Darussalam (Azerbaijan); Rejected recommendations Para. A-13: Take a human rights approach to issues of race, citizenship and religion to foster an inclusive society in which all are equally protected (United Kingdom); Para. A-17: Remove restrictions on religious freedoms (Canada); Para. A-18: Lift the ban on the importation of religious teaching materials and scriptures in order to enhance and protect freedom of religion and worship (Italy); Para. A-19: Permit members of all religious groups to practice their beliefs freely and

allow members of other religious minorities to import scriptures, proselytize, establish new places of worship and instruct their believers, in line with the right to freedom of religion (United States); R - 1. Take early action to become a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) (New Zealand); become a party to other treaties, such as ICCPR and ICESCR, as soon as possible (Republic of Korea) Special Rapporteur In a 2002 report, the Special Rapporteur on freedom of religion and belief noted similar concerns about the reservations and declarations based on religious considerations. CRC recommended re-examination of the reservations with a view to ultimately withdrawing them18 In a 2008 report, the Special Rapporteur on freedom of religion or belief noted that women in Brunei Darussalam face discrimination in the application of religious laws, in particular in areas such as divorce, inheritance, custody of children and transmission of citizenship, citing a report of

18 A/HRC/WG.6/6/BRN/2: Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Brunei Darussalam

2000. In its response to the original report, the Government said that women in Brunei Darussalam enjoy equal opportunity in education, employment, economic activities and the right to health care. It clarified, inter alia, that the Nationality Act provides that the minor child of any subject of His Majesty may be registered as a subject of His Majesty upon application made in the prescribed manner by a parent or guardian. The Government also stated that this had no religious connotation v LAOS

UPR National Report Charter Based Treaty Based Para. 21: On the basis of its consistent and constructive foreign policy, the Lao PDR has welcomed the UN Special Rapporteur on Freedom of Religion or Belief, Ms. Asma Jahangir, who visited the Lao PDR from 23-30 November 2009.19 Para. 44: The right to freedom of religion or belief is guaranteed by the Constitution and laws. Article 9 and 43 of the Constitution

UPR Interactive Dialogue Para. 9: The recent visit by the United Nations Special Rapporteur on Freedom of Religion or Belief was another sign of the Governments sincerity in working with the international community20 Para. 34: France: It expressed concern at the situation of the Hmong and the persistence of

CERD21 Taking into account the intersectionality between ethnicity and religion in the State party and referring to the observations of the Special Rapporteur on freedom of religion or belief, the Committee is concerned at the discrimination reportedly experienced by certain ethnic groups in the exercise of their freedom of religion. (art. 5 (d)). The Committee reiterates its previous 19 A/HRC/WG.6/8/LAO/1: National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Lao Peoples Democratic Republic 20 A/HRC/15/5: Report of the Working Group on the Universal Periodic Review: Lao Peoples Democratic Republic 21 Concluding Observation CERD 2012: Laos (CERD/C/LAO/CO/16-18, 9 March 2012), para. 14

provides for this right. In addition, the Prime Ministers Decree No. 92/PM on the Management and Protection of Religions in Lao PDR protects and regulates the activities of religious organizations and religious followers in Lao PDR. All Lao citizens have the right to believe or not to believe in any religion. Para. 65: The Lao PDR has constructively cooperated with and provided information on the realisation of human rights in the Lao PDR in various fields to the UN Human Rights Council; the country has hosted the visit of the Special Rapportuer on Freedom of Religion or Belief at the end of 2009. This first ever visit by a UN Special Rapportuer has further enhanced the understanding of the realities in the Lao PDR with regard to respect for human rights, including freedom of religion or belief.

certain discriminatory laws and practices in the area of freedom of religion, as well as restrictions on the freedom of expression. Para. 36: Slovenia noted that the two mandate holders who had visited Laos had expressed appreciation for the cooperation and assistance extended to them. However, although the situation concerning freedom of religion seemed to have improved, the Special Rapporteur on Freedom of Religion remained concerned about individual cases and certain policies violating that freedom. Slovenia inquired about measures intended to implement the Special Rapporteurs recommendations. Para. 60: Italy welcomed progress in the area of religious freedom, as recently confirmed by the Special Rapporteur on Freedom of Religion following her 2009 visit. Italy noted, however, that restrictions on religious minorities, especially Christians, were still being reported. Para. 64: Switzerland welcomed the ratification of ICCPR as well as cooperation with special procedures, in particular with the Special Rapporteur on freedom of religion or belief. Switzerland expressed concern about the treatment of the Hmong and the

recommendation that the State party take all necessary measures to ensure that all persons enjoy their right to freedom of thought, conscience and religion, without discrimination, in accordance with article 5 of the Convention. CRC22 36. Although the Constitution of the State party does not proclaim any official State religion, The Committee is concerned that members of religious minorities, including children, have suffered restrictions of their right to freedom of religion, manifested by harassment and denial of access to public schools. The Committee recommends that the State party ensure the full respect of the right to freedom of religion for all children belonging to religious minorities and promote tolerance and interreligious dialogue. The Committee draws the attention of the State party to the official report of the Special Rapporteur on freedom of religion or belief (A/HRC/13/40/Add.4).

22 Concluding Observation CRC 2011: Laos, (CRC/C/LAO/CO/2 17 January 4 February 2011), paragraf 36 dan 37

confiscation of lands without adequate compensation. Para. 80: Denmark noted with concern reports of torture and asked when the Government intended to ratify the Convention against Torture. Denmark noted with concern reports indicating discrimination against religious minorities and asked for information about measures to ensure freedom of religion. It asked how the Government ensured that indigenous peoples had the opportunity to influence Government decisions and what measures had been taken to avoid their displacement and to ensure compensation. Para. 83: Australia concerned about reports regarding the treatment of religious minorities and noted reports of alleged arrests and detentions on the basis of religion. Australia also expressed concern at the treatment of the Lao Hmong and the situation of some 4,500 Lao Hmong forcibly repatriated in 2009. UPR Recommendation Para. 98.35: Adopt adequate measures to protect freedom of religion or belief with a view to ensuring for all the full enjoyment of the right to practice ones religion (Italy); ensure the right to practice religion freely without discrimination and in accordance with international human rights standards (Netherlands);

Para. 98.37: Implement measures, including through legislation, to protect all citizens from discrimination due to their religious beliefs; and prosecute those involved in the persecution of religious groups (New Zealand); Para. 98.38: Implement all recommendations made by the Special Rapporteur on Freedom of Religion in order to remedy the situation described in her most recent report, which noted the persistence of discriminatory legal provisions and practices, which run counter to freedom of religion (France); Para. 98.39: Reform decree No. 92 such that it guarantees the rights to freedom of religion and belief, opinion and expression as set out in the ICCPR, and take steps to improve the awareness of State officials of their duty to protect these rights (United Kingdom); Para. 98.40: Ensure that relevant authorities, particularly at the local and district levels, are aware of their duty to protect individuals right to freedom of religion (Australia); Special Rapporteurs In 2010, following her November 2009 mission to Laos, the Special Rapporteur on the freedom of religion concluded that the people of Laos were generally very tolerant in religious matters, but over the last 12 years,

the mandate had received a number of serious allegations of human rights violations by Laos, such as arrests on the basis of religion, or official campaigns aimed at forcing Christians to renounce their faith. While the situation seemed to have vastly improved recently, the Special Rapporteur remained concerned at individual cases and certain policies clearly violating the freedom of religion or belief. Noting that members of religious minorities seemed to have little or no access to higher education, she recommended extending to them the affirmative action schemes which already existed for ethnic minorities. She added that bureaucratic controls over liberty of movement in the context of religious activities should be discontinued. Laos should also provide detention facility personnel with training on their duty to promote and respect international human rights standards, including freedom of religion or belief v Cambodia UPR National Report Charter Treaty Para. 7: Freedom of Religion and Beliefs and Diversity Para. 59: Religious and cultural issues are the bedrock for building and strengthening the very vital "social capital" that no amount of

Cambodia is a constitutional monarchy that adopts the principles of democracy and pluralism in its political system, it said. Human rights are enshrined in the 1993 Constitution, which provides, inter alia, guarantees for equality before the law, prohibits all kinds of -

economic or social development can alone create or sustain. As a country of tolerance, endowed with its rich cultural heritage and tradition, the Government has made great efforts and progress in promoting the various cultural programs and social harmony among people with broader participation of stakeholders without any discrimination against races, colours, religion or backgrounds.23 Para. 60: The Royal Government has offered a broad freedom in the practice of religion and beliefs: At present, Cambodia possesses 4,331 pagodas in total; among those there are 4,184 Mahanikaya Pagodas and 147 Dhamayut pagodas. Number of monks in total is 56,040; among those 54,784 monks belong to Mahanikaya sect (30,741 novices and 2,403 Phikhus) together with 1,256 monks belonging to Dhamayut sect (732 novices, and 524 Phikus). Para. 61: For Christianity, there are 237 churches, 887 praying halls, 199 Christianity teaching schools with 112,398 Christian followers. For Islam, there are 254 mosques, 8 praying halls, 177 Islam teaching schools with 463,732 Muslims. For Chinese Mahayana,

discrimination, and provides for protection of the freedom of speech and expression, free movement, rights to form associations, to religion and beliefs, and to property and security. The delegation cited Cambodias record of accomplishments in many areas, including remarkable success in economic growth, attributed to democratization and the political stability and security in the country.24 Cooperation with special procedures: Visits requested and not yet agreed Upon- on freedom of religion or belief (requested in 2008). The Special Rapporteurs on freedom of religion or belief and on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders sent in 2007 a communication regarding a new directive forbidding all monks from organizing or participating in any demonstration or carrying out Buddhist marches that affect public order allegedly aimed at restricting Khmer Kampuchea Krom monks activities.25

23 A/HRC/WG.6/6/KHM/1: National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Cambodia 24 A/HRC/13/4: Report of the Working Group on the Universal Periodic Review: Cambodia 25 A/HRC/WG.6/6/KHM/2: Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Cambodia

there are 80 temples, 37 praying halls, and 102,371 Mahayana followers. For Caodaism, there are 3 temples with 2,058 followers. For Bahai, there are 7 temples with 6, 995 followers. Para. 110: The Royal Government is firmly committed to achieving the objective of Education for All by creating favourable environment to ensure equal access by all Cambodian children and youth to a quality education, regardless of their social status, geographical area, ethnic group, religion, gender or physical disability. v Singapura UPR National Report Charter Treaty Para. 7: Maintaining racial and religious harmony has been the top priority bar none of Singapores governing institutions. By managing, delicately and scrupulously, relations among the different races and religions and equally importantly, by never hesitating to take firm action against any group that threatened racial or religious harmony Singapore has avoided major incidents of sectarian violence since its independence.26

Interactive Dialogue Para. 57: Slovenia commended Singapore for ensuring peaceful coexistence for its people. It noted that freedoms of assembly and expression had been curtailed to a considerable extent in order to achieve that, and that there were considerable restrictions on public discourse on issues of ethnicity, language, race, religion and politically sensitive issues.27

CRC28 While noting that children have been encouraged to express their views in some forums, the Committee is concerned that these forums are very limited and that the right of the child to freedom of expression, including to present complaints publicly and to receive information, and to freedom of association and peaceful assembly are, in practice, not fully guaranteed. The Committee is concerned

26 A/HRC/WG.6/11/SGP/1: National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Singapore

Para. 24: Apart from the right of equal protection, the Constitution carries specific provisions for the protection of racial and religious minorities. It imposes a responsibility on the Government to care for the interests of racial and religious minorities in Singapore. In addition, the Government is enjoined to recognise the special position of Malays, the indigenous people of Singapore. It has the responsibility to protect, support and promote the political, educational, religious, economic, social and cultural interests of Malays.

UPR Recommendations Para. 94.22: Continue efforts to promote and protect human rights while preserving the institution of the family in all its components and preserving religious tolerance, prioritize the maintenance of racial and religious harmony through delicate management of relations between the different races and religions and share best practices with other countries regarding the promotion of racial and religious tolerance (Algeria); Para. 96.35: Repeal or at least narrow the restrictions on public discourse on the issue of ethnicity, language, race, religion and politically sensitive issues in order to ensure the full enjoyment of freedom of expression and freedom of peaceful assembly and association (Slovenia);

that despite Constitutional guarantees for the rights to freedom of expression and peaceful assembly and association, these rights are severely restricted in practice and the freedom to express ones views in public continues to be limited to the Speakers Corner, where only citizens are allowed to speak about any matter except language, race, religion and politically sensitive issues, only after prior registration with the authorities (para. 37). The Committee recommends that the State party strengthen its efforts to ensure the full practical implementation of the rights of children to freedom of expression, association and peaceful assembly. The Committee also encourages the State party to review its declarations on articles 12, 13 and 15 of the Convention, with a view to removing them. The Committee welcomes the efforts the State party has undertaken towards enforcing the rights of children belonging to ethnic, religious or linguistic minorities and indigenous children to enjoy their own culture and to practice their own religion and language. However, the Committee shares the concerns of the Special Rapporteur on contemporary

Para. 126: Preventive detention without trial is permitted as a last resort under the Criminal Law (Temporary Provisions) Act (CLTPA) and the Internal Security Act (ISA) to counter serious threats against public or national security. The need to protect Special Rapporteurs The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance expressed concern at restrictions on public debate and

27 A/HRC/18/11: Report of the Working Group on the Universal Periodic Review: Singapore 28 Concluding Observation CRC: Singapura (CRC/C/SGP/2-3, 4 February 2011) paragraf 37-38.

witnesses and informants from intimidation is one of the reasons for preventive detention. In these cases, the character of the detainees clandestine activities is such that the disclosure of the intelligence collected as evidence against them will endanger the sources of information. In addition, given Singapores multi-racial and multi-religious make-up, an open trial for cases involving racial and religious agitation or incitement would provide defendants and their supporters further opportunity for inflammatory rabble-rousing. Para. 128: In Singapore, the ISA is used to pre-emptively neutralise threats to national security such as racial and religious extremists, espionage and subversion. The ISA has proven particularly effective in addressing the threat of terrorism. For example, members of the Singapore branch of the Jemaah Islamiyah (JI), a regional terrorist organisation, were arrested under the ISA in December 2001. The arrests thwarted terrorist attacks planned against foreign establishments in Singapore. Sustained operations against the JI network, and the detention of many of its members under the ISA, have effectively neutralised the group in Singapore. Governments around the world increasingly recognise the need for preventive

discourse on the issue of ethnicity and the importance of ethnic identity in daily life.29 Following a visit to Singapore in April 2010, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance noted that the Government was acutely aware of the threats posed by racism, racial discrimination, xenophobia and related intolerance. In this regard, the authorities had endeavoured to put in place laws, policies and institutions that seek to combat these scourges, and to promote social cohesion, tolerance, understanding and respect among the diverse ethnic and religious groups living in Singapore.

forms of racism, racial discrimination, xenophobia and related intolerance at several policies which have marginalised certain ethnic groups, including the Malay minority (para. 71). The Committee recommends that the State party strengthen its efforts in ensuring racial harmonization, but at the same time ensure that children of minorities receive equal opportunities. It also recommends that the State party take all necessary measures to ensure that, in particular, the Malay minority are guaranteed the right to enjoy their own culture and to practice their own religion and language in all areas of life (para 72).

29 A/HRC/WG.6/11/SGP/2: Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Singapore

powers within a comprehensive institutionalised legal framework to deal effectively with terrorism and all forms of violent extremism. Para. 131: Singapore considers it a national priority to combat discrimination on the grounds of race or religion. The core principles of meritocracy, secular government and multiracialismensure that the Government adopts an even-handed approach to all communities. Para. 135: Singapore has in place a strong legal framework consisting of the Maintenance of Religious Harmony Act, the Penal Code, the Sedition Act, and the Public Order Act to act as a deterrent against any group attempting to cause racial and religious conflict. The Presidential Council for Minority Rights considers and reports on such matters affecting persons of any racial or religious community in Singapore as may be referred to it by Parliament or the Government. With limited exceptions,30 the Council scrutinises draft legislation to ensure they do not disadvantage any racial or religious community. The Council also scrutinises subsidiary legislation for the same purpose. Para. 136: Article 153 of the Constitution states that The Legislation shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise

the President in matters relating to the Muslim religion, providing the constitutional basis for the AMLA. There is a Minister-in-charge of Muslim Affairs. The Singapore Government consults the MUIS as well as the advisory boards of other religions on matters relating to the respective religious communities. Para 138: Under the Community Engagement Programme launched in 2006, the National Steering Committee (NSC) on Racial and Religious Harmony provides a platform for ethnic, religious, community and government leaders to engage with each other, build networks of trust, and formulate strategies to strengthen community interactions. The NSC also provides direction to the Inter-Racial and Religious Confidence Circles to nurture similar networks of trust at the local level. Para. 139: A variety of civic initiatives have also helped to promote racial and religious harmony. For example, major religious groups promulgated the Declaration on Religious Harmony in 2003, as an affirmation of their commitment to maintain religious harmony in Singapore. Para. 149: Our media laws relating to the foreign media are not meant to restrict their reporting, but to ensure a responsible press. The foreign media is free to report on Singapore. But if their reports are inaccurate,

the Singapore Government must have the right of reply. We do not accept that the press should be free to defame persons, nor do we accept that the press should be free to denigrate any race or religion. Para. 152: No registration is required for most Internet Content Providers (ICPs). Registration is only required for ICPs whose sites engage in the propagation, promotion or discussions of political or religious issues relating to Singapore. This does not mean that political or religious content is not allowed. Para. 155: Singapore will build on its achievements in human rights even as it addresses the challenges listed in this report. Preserving racial and religious harmony will remain an absolute priority, but our laws will evolve to meet the changing political, economic and social aspirations of Singaporeans. v Vietnam

UPR National Report Charter Treaty Para. 10: The 1992 Constitution, the supreme law of the country, guarantees that all citizens enjoy equal political, economic, cultural and social rights, and are equal before the law. Para. 51: While commending Viet Nam for its recent progress in terms of freedom of religion, the United Kingdom remained concerned that implementation of legislation

ICCPR32 Para. 16: The Committee notes that the information provided by the delegation was insufficient for the Committee to have a clear 32 Concluding observation CCPR 2002: Vietnam, CCPR/CO/75/VNM, 26 July 2002

Every citizen has the right to participate in the management of the State and the society, the freedoms of religion and belief, the right to free movement and residence in the territory of Viet Nam, the right to complaints and petitions, the right to employment, education and healthcare etc. regardless of gender, race and religion.30 Para. 16: Viet Nam always supports the work of the United Nations Human Rights Council and cooperates fully with United Nations human rights mechanisms. In 1998, Viet Nam received the Working Group on Arbitrary Detention and Special Rapporteur on Freedom of Religion or Belief, and is undertaking procedures related to inviting the Special Rapporteurs on the Right to Education and the Right to Healthcare and the Independent Expert on the question of human rights and extreme poverty. Para. 18: The development and strengthening of the legal system is essential to the protection and promotion of human rights.... Law on Amnesty and the Ordinance on Religion and Belief. Equality and non-discrimination (Article 52 of the Constitution) are the guiding principles for all legal documents and an important premise for the guarantee and promotion of peoples rights in

remains patchy, particularly at the provincial level. It recommended that Viet Nam (a) engage substantively with international experts on the development of its media law and work to increase the independence of media institutions; (b) continue to build policy dialogue between the Government and independent civil society organisations; (c) engage in dialogue with international experts on legal developments, including the review of its Penal Code to allow less scope for open interpretation by judges and courts; (d) continue to undertake comprehensive training programmes for local officials and monitor progress on implementation of legislation; (e) re-engage with the Special Rapporteur on freedom of religion.31 Para. 59: New Zealand welcomed the commitment to strengthen cooperation and recommended that Viet Nam (a) issue a standing invitation to all special procedures and, in particular, that it seeks visits by the Special Rapporteurs on freedom of religion or belief, freedom of expression, torture and violence against women. Para. 64: Germany noted the concerns of the Committee on the Rights of the Child about the increasing level of child prostitution and sex tourism and asked about measures taken

view of the situation in Viet Nam with regard to religious freedom. In the light of information available to the Committee that certain religious practices are repressed or strongly discouraged in Viet Nam, the Committee is seriously concerned that the State partys practice in this respect does not meet the requirements of article 18 of the Covenant. The Committee is deeply concerned by allegations of harassment and detention of religious leaders and regrets that the delegation failed to provide information relating to such allegations. In this context, the Committee is concerned at the restrictions placed on outside observers who wished to investigate the allegations. The State party is requested to provide the Committee with up-to-date information about the number of individuals belonging to various religious communities and the number of places of worship, as well as the practical measures taken by the authorities to guarantee the freedom of exercise of religious practice. CERD Para. 16: The Committee takes note of the State partys assurance that the right to

30 A/HRC/WG.6/5/VNM/1: National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Viet Nam 31 A/HRC/12/11: Report of the Working Group on the Universal Periodic Review: Viet Nam

specific areas. Para. 24: In Viet Nam, there are around 20 million followers of different religions and 80 percent of the population has belief. Viet Nam considers religion and