Belgium (Brussels Morning Newspaper), Famed for her achievements in the realm of international law, Nazila Ghanea hails from Shiraz, Iran. Her parents, with her father esteemed as a doctor and her mother as a teacher, had relocated to Qatar fifteen years before the Islamic revolution, leading to a childhood marked by regular journeys between Qatar and Shiraz.
This transient lifestyle resulted in the fortunate circumstance of her and her siblings being born in Shiraz. Eventually, the family settled permanently in Qatar, where she spent her formative years, maintaining cherished connections to relatives and the cultural vibrancy of Shiraz. A new chapter unfolded when she pursued higher education in England, an experience that would profoundly influence her future endeavors. Currently, she holds the position of Professor of International Human Rights Law and serves as the Director of the MSc in International Human Rights Law at the University of Oxford, following her tenure as a Senior Lecturer at the University of London from 2000 to 2006. Notably, Nazila Ghanea, who has extensively researched and published in international human rights law and provided consultancy to various UN agencies for 17 years, assumed her role as the UN Special Rapporteur on freedom of religion or belief on August 1, 2022.
– How much did the role of religion and your family belief (Baha’i religion) influence you in choosing this specialized field?
– The influence of religion and family beliefs likely shaped my choice in this field. I advocate fervently for universal freedom of religion and belief, emphasizing the importance of respecting others’ humanity and conscience. Each individual should have the liberty to explore and exchange ideas freely without interference, with both governments and individuals sharing responsibility to nurture such an inclusive environment.
– You were previously a candidate for this position 12 years ago. Could you share the details of the selection process and the reasons why you were not chosen in the preceding years?
The Human Rights Commission initially assigned five regional ambassadors to review candidates for a significant position. Fourteen years ago, after careful evaluation, they presented a list of three nominees, with myself as the first choice. However, two days before the final selection, Iran requested opposition to my candidacy, citing my Baha’i faith. Despite being the second choice seven years ago, and nominated multiple times thereafter, I was finally appointed as the UN special rapporteur. Despite discrimination, I have dedicatedly collaborated with numerous countries and institutions throughout these years.
-The support from the 57 Islamic countries for Iran’s proposal to prevent your selection as a UN special rapporteur necessitates a deeper analysis of geopolitical dynamics and individual motivations within the Organization of Islamic Cooperation.
– Indeed, 15 years ago, the circumstances were different, and I cannot speak to the behind-the-scenes events. It is regrettable that religious discrimination or any form of bias should not play a role in any election, particularly in the selection of a special rapporteur for freedom of religion and belief. It does seem ironic in this context.
– Perhaps in a position such as the special rapporteur on freedom of religion and opinion, it is better to choose someone who has concretely understood this discrimination.
– While impartiality is important, having firsthand experience could potentially enable the rapporteur to work more passionately in the role and establish better connections with those who have been affected by violations of this right. We hope that such a rapporteur could be effective in addressing these issues.
– What were the contents of the last two reports that you submitted to the Human Rights Commission, both this year and last year?
– The first report was initially prepared by Professor Ahmad Shahid, whose tenure ended in July 2022. I presented the report on his behalf. The report focused on the freedom of religion of indigenous peoples and included recognition of the groups, networks, and governments actively working on freedom of religion and belief. It is important to note that even individuals who do not adhere to a specific religious belief or are non-religious were involved in these efforts.
-I believe the state of freedom of religion and belief has deteriorated in certain instances despite some efforts. I’m interested in learning about the strategies you’ve devised to bolster this domain and improve conditions for victims of discrimination worldwide.
– In my first report, I acknowledged the efforts of institutions and organizations working in this field while also providing constructive criticism. For instance, I emphasized the significance of interreligious dialogue. However, it is essential to ensure that such dialogues are not limited to a select few representatives and their priorities but are inclusive and encompass a broader range of perspectives. Historical examples, like the World’s Parliament of Religions held in Chicago in 1893, demonstrate that we have had a history of interreligious dialogue for 130 years. Yet, we must reflect on how effectively we have been able to strengthen and learn from these experiences.
– What are your primary objectives for the upcoming five-year period?
– During the next five years, I have several main goals. One of them is to address freedom of religion and belief among refugees and immigrants. Another focus is on the intersection of torture and freedom of religion and belief. In this regard, the experiences of individuals from around the world are significant to me. Additionally, I aim to enhance the engagement of regional human rights systems, particularly the inter-American and African systems. Although these regional systems recognize the right to freedom of religion and belief, there has been limited discussion and adjudication of cases at the regional level. My goal is to encourage these regional institutions to play a more active role.
– In your perspective, to what extent do other United Nation’s affiliated organizations hold the potential to achieve these objectives?
As a special rapporteur, my activities and budget are constrained, but I aim to enhance collaboration with other UN agencies. For instance, the UNHCR possesses substantial resources that could be utilized to address freedom of religion and belief issues. Similarly, the UNDP, operating globally, holds the potential to significantly impact this area. While rapporteurs have limited travel opportunities, the UNDP’s presence in all countries can fill this gap. My March 2023 report elaborates on potential collaborations among institutions to amplify efforts in promoting freedom of religion and belief.
– In situations where you are prohibited to travel to certain countries, what normally you employ as various measures to verify and fact-check the reports you receive?
– We rely on communications to gather information. We act as a link between victims or individuals whose rights have been violated, and we convey their complaints to the relevant government. We seek permission from the victim to proceed with the case. Additionally, in many countries, there are administrative organizations within the Office of the High Commissioner for Human Rights that verify reports. In the final stage, we request specific responses from the government based on the received reports. However, the reports we prepare ourselves are directly presented and reviewed without relying solely on government responses. The verification process may vary for different reports.
-In cases involving loss of life, torture, or imprisonment, relying solely on the United Nations or the affected government is inadequate. The gravity of these irreversible and profoundly damaging consequences necessitates a more thorough and substantive response extending beyond international oversight.
– However, it is important to note that these countries will eventually be held responsible for their discriminatory actions. The United Nations cannot deploy an army and engage in armed conflict,
– Currently, which countries have serious problems in the field of lack of freedom of religion and belief, and how many are there?
– It is difficult to provide an exact number or comprehensive list. Each country’s situation and the severity of religious restrictions can vary significantly. During my visits and engagements with non-governmental institutions, I have discussed countries such as Pakistan, India, Nigeria, Nicaragua, and Cuba as areas of concern. However, this list is not exhaustive, and there are numerous countries around the world facing challenges in this regard.
– Have you formally appealed for an augmentation in the allocated budget and support, considering the meager 3% currently available for special rapporteurs?
– The head Office of the High Commissioner for Human Rights, who oversees the work of rapporteurs, recently appealed to member countries to increase the budget for the commission during a meeting in Vienna. The overall budget for the entire Human Rights Council is currently 3.7%, with a significant portion allocated to managing offices and personnel. The budget specifically allocated to special rapporteurs is around 3%, which is considered insufficient. Increasing funding for these initiatives is crucial if we want to take more substantive action.
– Regarding the slow process of improving conditions related to freedom of religion, belief, opinion, and speech what is your outlook for the future?
– In my vision for the future is optimistic. I believe that the younger generation is increasingly aware of and supportive of these freedoms. Through virtual spaces and increased awareness, many prejudices are being challenged. However, political narratives that exploit nationalism and ignore the rights of minorities can hinder progress in this area. Overcoming these obstacles and promoting a more inclusive and respectful approach to freedom of religion and belief is essential for positive change.
– In terms of international law, when a government designates an official religion, can it be seen as a potential form of discrimination?
– The International Covenant on Civil and Political Rights, in paragraph 18, addresses this issue by emphasizing that if a country designates an official religion, it must ensure that other religions, minorities, and beliefs are not discriminated against. While there is no explicit prohibition on designating an official religion, the responsibility lies with the government to demonstrate that equality and non-discrimination are upheld in practice, including in areas such as employment, education, and social conditions.
– Some countries may claim that they fully respect all human rights related to freedom of religion and opinion and place the burden of proof on international institutions.
– Incidentally, this is not the case in the field of discrimination. The principle of substantive equality requires governments to provide evidence that no discrimination has occurred.
– Are the official questionnaires used by different institutions and organizations in countries to gather personal information, particularly regarding individuals’ religious beliefs, permissible or prohibited?
– In the context of human rights, it is generally prohibited to engage in inquisition. If questionnaires are designed for statistical purposes, it is recommended that they do not enforce mandatory disclosure of religious beliefs. For instance, while the Belgian government may gather data on the number of Muslim women giving birth in hospitals, it is important to ensure that answering such questions is not obligatory and that individuals’ privacy is safeguarded.
– How different are the attitudes and feelings of people who you meet personally as UN official?
– During my initial months, while on a trip to a certain country, I found myself surrounded by 11 non-governmental organizations from different nations. Naturally, everyone wanted to capture the moment with photographs, which initially struck me as both intriguing and peculiar. However, as time went on, I was deeply moved and even shed tears as I realized that these pictures held far greater significance than mere souvenirs or selfies. Many of the individuals present had faced pressures and obstacles just to be part of that trip. For them, these photographs served as evidence to defend themselves upon their return home. These encounters have highlighted the urgent need for increased activism, transcending nationality and religion. The crux of the matter lies in respecting each other’s humanity and defending one another’s rights.
– In essence, these various freedoms are interdependent and interconnected.
– Yes. Freedom of religion and opinion, for instance, goes hand in hand with freedom of expression, social engagement, participation in public life, and other fundamental liberties. Your steadfast commitment is to safeguard the rights of individuals and communities, firmly believing in the inseparability of these essential freedoms.
