FACTSHEET

UN HUMAN RIGHTS SYSTEM

UNITED STATES COMMISSION on

INTERNATIONAL RELIGIOUS FREEDOM

732 N. Capitol Street, NW, Suite #A714

Washington, DC 20401

202-523-3240

October 2020

Promoting Freedom of Religion or Belief within the United Nations 

Human Rights System 

By Kirsten Lavery, Supervisory Policy Analyst

Pursuant to the International Religious Freedom Act (IRFA), the U.S. Commission 

on International Religious Freedom (USCIRF) monitors freedom of religion or 

belief abroad using international human rights standards, including the Universal 

Declaration of Human Rights (UDHR) and the International Covenant on Civil and 

Political Rights (ICCPR). Within the United Nations (UN) system, there are a variety 

of charter and treaty-based mechanisms with mandates that address international 

human rights issues according to the same standards. This factsheet describes 

those mechanisms, with a particular focus on those most relevant to freedom of 

religion or belief. Although these bodies have various imperfections and limitations, 

they nevertheless provide opportunities for advocacy by and collaboration among 

states and non-governmental organizations (NGOs) working to promote religious 

freedom internationally. 

UN Human Rights Focused Mechanisms 

Charter-Based Mechanisms: UN charter-based mechanisms are mandated through 

resolutions of the principal organs of the UN that were established by the UN Charter. 

Currently, the charter-based human rights mechanisms are the Human Rights Council 

(HRC) and its subsidiaries. 

 HRC: The HRC is an inter-governmental body of 47 member states that was 

established in 2006 by General Assembly Resolution 60/251 as a subsidiary body to 

the UN General Assembly. The HRC replaced the UN Human Rights Commission

that operated from 1946 to 2006. 

Human Rights Council

Special Procedures 

Mandate Holders Factfinding Missions

Universal Periodic 

Review Complaint Procedure

www.USCIRF.gov

@USCIRF

Media@USCIRF.gov

Gayle Manchin

Chair

Tony Perkins

Vice Chair

Anurima Bhargava

Vice Chair

Commissioners

Gary Bauer

James W. Carr

Frederick A. Davie

Nadine Maenza

Johnnie Moore

Nury Turkel

Erin D. Singshinsuk

Executive Director

USCIRF’s Mission

To advance international 

freedom of religion or 

belief, by independently 

assessing and unflinchingly 

confronting threats to this 

fundamental right.
USCIRF Factsheet: PROMOTING FoRB WITHIN UN HUMAN RIGHTS SYSTEM: October 2020 2

The HRC’s stated mandate is to promote universal 

respect for the protection of all human rights and 

fundamental freedoms for all and to address and 

make recommendations on situations of violations of 

human rights. In defining these rights, the resolution 

references the UDHR and the ICCPR, along with other 

international human rights treaties. 

HRC members are elected by secret ballot by a majority 

of the General Assembly. Based on an equitable 

geographic distribution, council seats are allocated 

to regional groups for staggered three-year terms. In 

electing HRC members, General Assembly members 

are supposed to take into account “the contribution of 

candidates to the promotion and protection of human 

rights and their voluntary pledges and commitments

made thereto.” Yet despite these provisions, countries 

with poor human rights records have been HRC 

members, some repeatedly, including egregious religious 

freedom violators like China, Cuba, Pakistan, Russia, 

and Saudi Arabia. 

Pursuant to Resolution 60/251, HRC members are 

supposed to (1) “uphold the highest standards in the 

promotion and protection of human rights,” (2) fully 

cooperate with the Council, and (3) be reviewed under the 

universal period review mechanism during their term. 

The HRC meets for at least three sessions each year. 

During these sessions, the HRC considers human rights 

situations and debates and passes resolutions on various 

human rights issues. While the 47 HRC member states 

are the only countries that can vote on resolutions, 

all members of the General Assembly can otherwise 

participate in the work of the HRC, including these 

sessions. NGOs with consultative status at the UN also 

can participate in HRC sessions, and governments and 

NGOs can hold side events on the sessions’ margins to 

highlight particular countries and issues. 

Religious Freedom Spotlight – HRC resolution 

16/18 of 2011: Human Rights Council resolution 

16/18 on ‘combating intolerance, negative 

stereotyping, stigmatization, discrimination, 

incitement to violence and violence against persons 

based on religion or belief ’ was adopted by consensus 

in 2011. This resolution commits states to addressing 

religious intolerance through promoting the 

interrelated rights of freedom of religion or belief, 

expression, and non-discrimination and provides 

action steps to achieve this objective. HRC Resolution 

16/18 replaced resolutions on the “defamation 

of religions” that promoted blasphemy laws and 

undermined universal human rights norms.

 Universal Periodic Review (UPR) Working Group:

Resolution 60/251 mandates that the HRC “undertake 

a universal periodic review, based on objective and 

reliable information, of the fulfillment by each State 

of its human rights obligations and commitments in 

a manner which ensures universality of coverage and 

equal treatment with respect to all States.”

To fulfill this mandate, the HRC established the UPR

mechanism, a state-driven process that reviews the 

human rights situation of 48 of the 193 UN member 

states each year. Assessments are conducted through an 

interactive dialogue between the country under review 

and other UN member states. The UPR Working Group, 

which consists of the 47 members of the HRC, conducts 

the review, but any UN Member State can participate. 

The assessment also includes the consideration of a 

range of documents, including information provided 

by the state under review, information from other UN 

human rights mechanisms, and information from other 

stakeholders, such as NGOs. Three HRC member states 

are chosen at random to lead each review and produce 

an “outcome report” that includes recommendations for 

the country.
3 USCIRF Factsheet: PROMOTING FoRB WITHIN UN HUMAN RIGHTS SYSTEM: October 2020

Religious Freedom Spotlight - Eritrea: Eritrea, which 

has one of the worst religious freedom records in the 

world as reported by USCIRF, has been assessed three 

times by the UPR: in 2009, 2014, and most recently 

in 2019. During the 2019 UPR process, more than a 

dozen countries raised religious freedom concerns in 

their statements, and specifically highlighted the need 

for Eritrea to allow conscientious objection and to 

release prisoners held on account of their beliefs. This 

included the U.S. government, which further called

on Eritrea to implement constitutional provisions and 

international obligations that protect rights, including 

freedom of religion or belief.

The UPR process includes the assessed country’s record 

on freedom of religion or belief, and a number of 

countries have received recommendations through this 

process on this right. The UPR process also has received 

criticism for not affording sufficient attention to freedom 

of religion or belief and failing to consistently provide 

specific and actionable recommendations to improve 

religious freedom conditions in countries where such 

action is needed. 

 Special Procedures mandate holders: The HRC has 

created and appointed a number of Special Procedure 

mandate holders, including special rapporteurs, 

independent experts, and working groups, to focus on 

specific thematic or country issues related to human 

rights. The mandate holders are independent experts

appointed by the Consultative Group, which consists of 

five HRC member states and the HRC President. While 

each mandate varies, most of these mandate holders 

receive information regarding human rights violations, 

send communications to governments, investigate 

human rights conditions in countries, and issue reports. 

There are 44 thematic and 12 country mandates; many of 

which touch on issues related to the freedom of religion 

or belief. 

Select UN HRC Special Procedures Relevant to Religious Freedom

Country Specific Mandates

Independent Expert on the situation of 

human rights in Central African Republic

Special Rapporteur on the situation of 

human rights in the Democratic People’s 

Republic of Korea

Special Rapporteur on the situation of 

human rights in Eritrea

Special Rapporteur on the situation of 

human rights in the Islamic Republic of Iran

Special Rapporteur on the situation of 

human rights in Myanmar

Independent Expert on the situation of 

human rights in the Sudan

Thematic Mandates

Working Group on Arbitrary Detention Working Group on Enforced or Involuntary 

Disappearances

Special Rapporteur on extrajudicial, 

summary or arbitrary executions

Special Rapporteur on the promotion 

and protection of the right to freedom of 

opinion and expression

Special Rapporteur on the rights to 

freedom of peaceful assembly and of 

association

Special Rapporteur in the field of cultural 

rights

Special Rapporteur on the human rights of 

internally displaced persons

Special Rapporteur on minority issues Special Rapporteur on freedom of religion 

or belief

Special Rapporteur on the promotion 

and protection of human rights and 

fundamental freedoms while countering 

terrorism

Special Rapporteur on the promotion of 

truth, justice, reparation and guarantees of 

non-recurrence

Special Rapporteur on violence against 

women, its causes and consequences
USCIRF Factsheet: PROMOTING FoRB WITHIN UN HUMAN RIGHTS SYSTEM: October 2020 4

Religious Freedom Spotlight – UN Special 

Rapporteur on freedom of religion or belief: The 

HRC created the special mandate for an independent 

expert to focus on freedom of religion or belief in 1986, 

originally called the Special Rapporteur on religious 

intolerance. The mandate title was changed to Special 

Rapporteur on freedom of religion or belief (FoRB) 

in 2000. 

The current mandate holder is Dr. Ahmed Shaheed. 

In recent years, the UN Special Rapporteur on 

FoRB has issued reports on issues including gender 

equality, combating antisemitism, restrictions imposed 

on expression, national security, and state-religion 

relationships. He has completed several country visits, 

including to Sri Lanka, the Netherlands, and Tunisia. 

Following the Special Rapporteur’s visit to Uzbekistan 

in late 2017, the Parliament of Uzbekistan adopted 

a roadmap to address religious freedom. While the 

roadmap is still being implemented, it has resulted in 

tangible improvements in religious freedom conditions 

in the country. The Special Rapporteur on FoRB also 

receives individual complaints about violations and 

communicates his concerns to states, including recent 

communications regarding the freedom of religion or 

belief and the treatment of religious communities in 

China, Cuba, India, Pakistan, and Russia.

 Communications mechanisms (complaint procedure):

The HRC’s complaint procedure was established in 

2007 to “address consistent patterns of gross and 

reliably attested violations of all human rights and all 

fundamental freedoms occurring in any part of the 

world and under any circumstances.” Two working 

groups composed of countries appointed by the HRC 

are responsible for examining written communications 

and bringing situations to the attention of the HRC. 

 Factfinding missions/independent investigations:

The HRC can authorize factfinding missions and other 

investigations. Such bodies are increasingly being 

used to respond to serious violations of international 

humanitarian law and international human rights 

and promote accountablity. The Security Council and 

General Assembly are also empowered to create these 

types of mechanisms. 

Religious Freedom Spotlight – The Fact-Finding 

Mission (FFM) and Independent Investigative 

Mechanism for Myanmar (IIMM): In 2017, in 

response to Burmese military campaigns that 

resulted in mass atrocities and displaced hundreds 

of thousands of Rohingya and other minorities, 

the HRC created the FFM to establish the facts and 

circumstances of the alleged human rights violations. 

The FFM’s September 2018 report found “reasonable 

grounds” to conclude that Burmese security forces 

acted with “genocidal intent,” which helped mobilize 

international efforts to hold the Burmese government 

accountable.

The HRC established the IIMM in 2018 to collect 

evidence of the most serious international crimes 

and violations of international law and prepare files 

for criminal prosecutions. In building its case files, 

the IIMM uses evidence received from the previous 

FFM, along with other sources. Both efforts have 

collected and preserved information and evidence 

regarding alleged international crimes, which laid the 

foundation for ongoing legal cases and prosecutions, 

including the pending lawsuit against the Burmese 

government in the International Court of Justice.

Treaty-Based Mechanisms: Ten human rights treaty 

bodies monitor implementation of the core human 

rights treaties. Unlike the HRC and its subsidiary bodies, 

which are composed of states and created by the General 

Assembly and UN Charter, these bodies are established 

by specific treaties and consist of independent experts. 

The treaty-based mechanisms issue General Comments 

that provide authoritative guidance on interpreting rights, 

conduct reviews of State conduct, and sometimes receive 

individual complaints.
5 USCIRF Factsheet: PROMOTING FoRB WITHIN UN HUMAN RIGHTS SYSTEM: October 2020

Select UN Treaty Based Mechanisms Relevant to Religious Freedom

Body Treaty

Human Rights Committee International Covenant on Civil and Political Rights

Committee on the Elimination of 

Discrimination Against Women (CEDAW)

Convention on the Elimination of All Forms of Discrimination against Women

Committee Against Torture (CAT) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment

Committee on Enforced Disappearances International Convention for the Protection of All Persons from Enforced Disappearance

Religious Freedom Spotlight – The Human Rights 

Committee (HRCtee): The HRCtee is a body of 

18 experts who monitor implementation of the 

International Covenant on Civil and Political Rights 

(ICCPR). Article 18 of this Covenant protects 

freedom of religion or belief. The First Optional 

Protocol empowers the HRCtte to examine individual 

complaints of alleged violations of the ICCPR by 

state parties. Through this mechanism, the HRCtee 

has issued numerous decisions focused on freedom 

of religion or belief. The HRCtee has also released 

General Comment 22, which provides guidance on the 

scope of religious freedom under the ICCPR.

Religious Freedom Spotlight – The Committee on 

the Elimination of Racial Discrimination (CERD):

CERD is a body of independent experts tasked with 

monitoring the implementation of the Convention 

on the Elimination of Racial Discrimination. In 

August 2018, as part of its periodic review process, 

the committee issued a report criticizing the 

Chinese government’s “detention of large numbers 

of ethnic Uighurs and other Muslim minorities held 

incommunicado.” Although CERD was not the first 

organization to report on this issue, the attention by a 

UN committee raised awareness of the situation and 

received considerable media attention.

Conclusion

While acknowledging the imperfections and limitations of 

the UN human rights system, it provides an opportunity 

for governments and NGOs to advance and collectively 

promote religious freedom internationally. Although the 

Trump Administration withdrew from the HRC in 2018, 

the U.S. government can continue to actively promote 

religious freedom within the UN human rights system. 

Such efforts by the U.S. government, in conjunction with 

U.S. partners including those in the International Religious 

Freedom or Belief Alliance, can help to reinforce the United 

States’ leadership and commitment to advance freedom of 

religion or belief worldwide. 
UNITED STATES COMMISSION on INTERNATIONAL RELIGIOUS FREEDOM

732 N. Capitol Street, NW, Suite #A714

Washington, DC 20401

202-523-3240

www.USCIRF.gov

@USCIRF

Media@USCIRF.gov

The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the 

U.S. Congress to monitor, analyze, and report on threats to religious freedom abroad. USCIRF makes foreign policy recommendations to the President, 

the Secretary of State, and Congress intended to deter religious persecution and promote freedom of religion and belief.

Professional Staff

Danielle Ashbahian

Senior Communications Specialist

Keely Bakken

Policy Analyst

Dwight Bashir

Director of Outreach and Policy

Elizabeth K. Cassidy

Director of Research and Policy

Mingzhi Chen

Policy Analyst

Patrick Greenwalt

Researcher

Gabrielle Hasenstab

Communications Specialist

Roy Haskins

Director of Finance and Office 

Management

Thomas Kraemer

Senior Advisor for Strategic Outreach

Kirsten Lavery

Supervisory Policy Analyst

Niala Mohammad

Senior Policy Analyst

Jason Morton

Policy Analyst

Mohyeldin Omer

Policy Analyst

Jamie Staley

Senior Congressional Relations Specialist

Kristina Teater

Policy Analyst

Zack Udin

Researcher

Nina Ullom

Congressional Relations Specialist

Madeline Vellturo

Policy Analyst

Scott Weiner

Supervisory Policy Analyst

Kurt Werthmuller

Supervisory Policy Analyst