Introduction

CSW (Christian Solidarity Worldwide) is a human rights organisation specialising in the right to freedom of religion or belief (FoRB). This submission seeks to bring to the Special Rapporteur’s attention FoRB violations against migrants, internally displaced persons (IDPs), asylum seekers and refugees. 

The legal protections for forcibly displaced religious and belief minorities are outlined in the 1951 Refugee Convention and its 1967 Protocol, with Article 1 recognising a well-founded fear of religious persecution as valid grounds for granting refugee status. Although refugees, asylum seekers, migrants and IDPs have varying legal statuses, each group is entitled to the right to non-discrimination and to exercise their religion or belief freely.

FoRB violations against migrants, IDPs, asylum seekers and refugees

When a government or regime commits severe FoRB violations that severely impact the rights of religious and ethnic minorities, mass displacement and migration, often forced, can occur. 

The Office of the United Nations High Commissioner for Refugees (UNHCR) describes a refugee as that, ‘someone who has been compelled to leave their country and cannot return because of a serious threat to their life, physical integrity or freedom as a result of persecution, armed conflict, violence or serious public disorder. It is a legal status that provides an individual with certain rights and protections. An asylum-seeker is someone who has or intends to apply to be recognized as a refugee, but their application has yet to be processed.’¹

IDPs are those who are forced to leave their homes and communities, but do not cross a national border, and remain within their country of origin. IDPs may have been displaced by conflict, human rights violations, natural disasters or other issues. According to the UNHCR, ‘at the end of June 2024, there were 72.1 million internally displaced people. They accounted for the majority of the world’s forcibly displaced population (59 per cent)’.²

The term ‘migrant’ is not legally defined in international law but is often used to describe those who ‘move by choice rather than to escape conflict or persecution, usually across an international border. This can include finding work or pursuing an education, but also for reuniting with family or other reasons. People may also move to alleviate significant hardships that arise from natural disasters, famine, or extreme poverty.’ Migrants who have left their countries of origin for these reasons would not be considered asylum seekers or refugees under international law.

IDPs, asylum seekers and refugees may encounter FoRB violations in two principal ways: they may be forced to flee because of FoRB violations, and/or face further religious discrimination as asylum seekers or refugees in host countries. 

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