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Limitations on Minorities' Religious Freedom in South Asia LIMITATIONS ON MINORITIES’ RELIGIOUS FREEDOM IN SOUTH ASIA UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM LIMITATIONS ON MINORITIES’ RELIGIOUS FREEDOM IN SOUTH ASIA USCIRF Special Report NOVEMBER 2018 COMMISSIONERS Tenzin Dorjee Chair Kristina Arriaga, Vice Chair Gayle Manchin, Vice Chair Gary L. Bauer Andy Khawaja Nadine Maenza Johnnie Moore Tony Perkins Erin D. Singshinsuk Executive Director UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM WHO WE ARE WHAT IS RELIGIOUS FREEDOM The U.S. Commission on International Religious Free- Inherent in religious freedom is the right to believe or dom (USCIRF) is an independent, bipartisan U.S. federal not believe as one’s conscience leads, and live out one’s government commission created by the 1998 Interna- beliefs openly, peacefully, and without fear. Freedom of tional Religious Freedom Act (IRFA) that monitors the religion or belief is an expansive right that includes the universal right to freedom of religion or belief abroad. freedoms of thought, conscience, expression, associa- USCIRF uses international standards to monitor viola- tion, and assembly. While religious freedom is Ameri- tions of religious freedom or belief abroad and makes ca’s first freedom, it also is a core human right interna- policy recommendations to the President, the Secretary tional law and treaty recognize; a necessary component of State, and Congress. USCIRF Commissioners are of U.S. foreign policy and America’s commitment to appointed by the President and Congressional leaders defending democracy and freedom globally; and a vital of both political parties. The Commission’s work is sup- element of national security, critical to ensuring a more ported by a professional, nonpartisan staff of regional peaceful, prosperous, and stable world. subject matter experts. USCIRF is separate from the State Department, although the Department’s Ambas- sador-at-Large for International Religious Freedom is a non-voting, ex officio Commissioner. PROFESSIONAL STAFF Dwight Bashir, Director of Research and Policy Elizabeth K. Cassidy, Director of International Law and Policy Isaac Six, Director of Congressional Affairs and Communications Tina L. Mufford, Deputy Director of Research and Policy Roy Haskins, Director of Finance and Administration Ferdaouis Bagga, Policy Analyst Waris Husain, Policy Analyst Jason Morton, Policy Analyst Dominic Nardi, Policy Analyst Scott Weiner, Policy Analyst Kurt Werthmuller, Policy Analyst Keely Bakken, Researcher Alex Iverson, Researcher Patrick Greenwalt, Researcher Zach Udin, Research Assistant Karen Banno, Travel Manager Kirsten Lavery, International Legal Specialist Javier Peña, Communications Specialist Henry Young, Management and Program Analyst UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................. 1 I. INTRODUCTION ................................................... 2 II. ANTI-CONVERSION LAWS ......................................... 4 A. India ......................................................... 4 B. Sri Lanka ..................................................... 5 C. Nepal ........................................................ 5 III. OTHER MEANS OF LIMITING CONVERSION .......................... 6 A. Blasphemy Laws: Pakistan ........................................ 6 B. Registration Laws for International Non-Governmental Organizations. 6 1. India. 6 2. Pakistan ................................................... 6 3. Nepal ..................................................... 6 C. Interfaith Marriages ............................................. 7 1. Pakistan ................................................... 7 2. Bangladesh ................................................ 7 3. India ..................................................... 7 IV. CONCLUSION .................................................... 9 V. RECOMMENDATIONS FOR U.S. POLICY ............................. 10 EXECUTIVE SUMMARY The right to freely choose and change one’s religion is pro- induce individuals to convert by predicating aid tected under international law, as is the right to manifest or food assistance on conversion of the recipient. one’s beliefs through teaching those beliefs. While there is Sensitivities are also heightened among the major- a right to propagate or proselytize, Article 18 of the Inter- ity religious population over interfaith marriages or national Covenant on Civil and Political Rights (ICCPR) marriages predicated on the conversion of one spouse. also protects individuals from coercion that would impair Despite the persistence of these allegations, credible their freedom to choose their religion or belief. The data has not been presented to demonstrate the extent tension between the freedom to spread one’s beliefs and and nature of these alleged coerced conversions. In the freedom of others to not be coerced is at the heart of an fact, the National Investigation Agency in India in alarming majoritarian trend in South Asia. October 2018 closed an investigation of alleged “love Over the last decade, governments across the South jihad” and found that accusations of a Muslim plot to Asia region have taken legal measures to prohibit reli- convert Hindu women were unfounded. gious conversions from the dominant religious group. This report begins by presenting an overview of Often the motivation behind these laws, though not limitations faced by individuals in South Asia who want officially stated as such, is to protect the dominant reli- to convert away from the dominant religious tradition. gious tradition from a perceived threat from minority Next, the report critically examines anti-conversion religious groups. The methods of preventing conversion laws enacted by state governments in India and the vary: in India, several state legislatures have adopted central governments of Nepal and Sri Lanka. The next laws limiting conversions away from Hinduism; in section looks at alternative methods used to criminal- Pakistan, national blasphemy laws are used to crimi- ize conversions, including anti-blasphemy laws in Paki- nalize attempts by non-Muslims to convert Muslims; stan, discriminatory foreign NGO registration laws for and in India, Pakistan, and Nepal, governments are faith-based groups, and limits on inter-faith marriages tightening their control over non-governmental organi- across the region. The report ends with some conclu- zations (NGOs), especially foreign missionary groups. sions about the problems with these laws and provides In some instances, especially in the aftermath of recommendations for U.S. policy. major natural disasters like Nepal’s 2015 earthquake In summary, to address this distressing trend, and Sri Lanka’s 2004 tsunami, some proselytizing the U.S. government must work with its allies in South groups have upset majority sentiments by focusing Asia through regional capacity-building efforts and by their efforts on disenfranchised subgroups within applying pressure on governments to rescind laws that the dominant religious tradition, such as Dalits (or deny individuals the right to share and choose their Untouchables) in Hindu-majority countries. There religion freely. have been accusations that some of these groups LIMITATIONS ON MINORITIES’ RELIGIOUS FREEDOM IN SOUTH ASIA 1 INTRODUCTION Countries passing and enforcing anti-conversion laws should protect people from being subject to coerced must balance three countervailing constitutional pro- conversions, while allowing conversions based on the visions and international human rights norms: convert’s free will and consent. In South Asia, however, anti-conversion laws frequently provide definitions • the right of an individual, and his or her respective for “forced” or “induced” conversions that are so broad religious institution, to manifest his or her religion little, if any, room is left for consensual legal conversion. through proselytization; Although conversion away from the majority • the right of individuals to not be subject to coerced religious faith is prohibited in many countries in the conversion; and region, converting to the majority religion remains • the right and duty of the state to protect public permissible, and political figures and state officials, order. particularly the police, encourage it. Moreover, when such vague legal definitions enable anti-conversion To be consistent with freedom of religion or belief laws to be enforced discriminatorily, the laws become a as per Article 18 of the UN Declaration of Human Rights weapon for both the state and religious majority groups and the International Covenant on Civil and Politi- to diminish the rights of religious minorities. cal Rights, non-discriminatory anti-conversion laws Summary of Majoritarian Limits Used to Prevent Religious Conversion in South Asia Country Majority Impacted Minority Existence of Existence of International Religious Group Religious Groups Anti-Conversion Blasphemy Laws NGO Registration Laws Limitations Bangladesh Muslim (86%) Christian, Hindu N N Y (12.5%) India Hindu Christian, Muslim Y Y Y (80%) (16.5%) Nepal Hindu Christian, Muslim Y Y New Law (80%) (6%) Proposed in 2018 Pakistan Muslim (96.5%) Christian, Hindu N Y Y (3.5%) Sri Lanka Buddhist (70%) Muslim, Christian Law Proposed Y N (17.3%) and invalidated in 2004 2 UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM Timeline of South Asian Anti-Conversion and Blasphemy Laws INDIA 1967 Odisha Freedom of Religion Act INDIA 1968 Madhya Pradesh
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