CSW report: Nepal freedom of religion or belief

In November 2015 Nepal underwent its second UPR (Universal Periodic Review), where its domestic human rights situation was peer reviewed by United Nations member states. Nepal accepted many of the recommendations that states participating in this dialogue made, including the recommendation to amend its National Human Rights Commission Act in order to guarantee its independence and financial autonomy.

However, recommendations relating to freedom of religion or belief were among those that Nepal did not accept. Although the Nepali delegation stated that ‘full’ religious freedom is guaranteed in the new constitution, the provisions are not in keeping with international human rights treaties that Nepal has ratified, as they limit the freedom of an individual to convert from one faith to another, and the freedom to peacefully express and share their faith with others.

The new constitution contains a key passage in Section 26, sub-section (3), which reads as follows:

Any act which may be contrary to public health, public decency or morality or incitement to breach public peace or act to convert another person from one religion to another or any act or behavior to undermine or jeopardize the religion of another is not allowed & such act shall be punishable by law.

The wording of this clause fails to allow for choosing and changing one’s faith to be seen as a positive individual choice or as a matter of individual rights, as required by the CPA and guaranteed by international treaties. Under this legal definition, talking about and witnessing to one’s faith to a person of another faith could be construed as an act ‘to undermine or jeopardise the religion of another’, and could be categorised as an attempt to ‘convert someone from one religion to another’, something which is to be punishable by law. This endangers two internationally guaranteed fundamental rights of every individual: firstly the right to enjoy full freedom of expression, and secondly the right to follow a religion of his or her own choice and to manifest that religion in word and action. If not amended, these severe legal restrictions on conversion will have serious consequences for the religious freedom of all Nepalis.

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