Freedom of Religion or Belief: UN Special Rapporteur Presents Report on Funeral Rights in Exceptional Circumstances

Summary

On 22 October 2026, the United Nations Special Rapporteur on freedom of religion or belief, Nazila Ghanea, engaged in an interactive dialogue with the General Assembly's Third Committee (Social, Humanitarian and Cultural) on her interim report, Freedom of religion or belief and funeral rights in exceptional circumstances (A/81/376). The report follows her earlier thematic study to the Human Rights Council on how freedom of religion or belief relates to death and honouring the deceased.

During the dialogue, India disputed parts of the report, while the Nordic Baltic States welcomed it and highlighted damage to religious and burial sites in Ukraine.

Background

The Special Rapporteur on freedom of religion or belief is an independent expert appointed by the Human Rights Council. According to the Office of the United Nations High Commissioner for Human Rights (OHCHR), all special procedure mandate holders report annually to the Council and usually also to the General Assembly.

In 2026, the Special Rapporteur addressed death and funeral rights in both reports. Her report to the Council, How freedom of religion or belief relates to death and honouring the deceased (A/HRC/61/50), was issued on 7 January 2026; the interim report to the General Assembly (A/81/376) extends that analysis to exceptional circumstances.

Key Findings of the Reports

Death and Honouring the Deceased

According to the published summary of A/HRC/61/50, the report emphasises that death and mourning are central themes in most religions and belief systems and that human rights protections are essential around death. It addresses violations including vandalism of graveyards, displacement of Indigenous remains, disruption of funerals and denial of facilities for mourning rites.

The report documents reported cases across several regions. It cites reported obstacles to burial for Bahá'ís in Egypt, Ahmadis in Pakistan, unrecognised communities including Yazidis in Lebanon, and Christian Adivasis in Chhattisgarh, India, where it notes that a January 2025 Supreme Court directive to demarcate Christian burial sites had not been implemented at the time of writing.

Funeral Rights in Exceptional Circumstances

The interim report examines funeral rights where ordinary arrangements are disrupted. As quoted by the Press Trust of India, the report states that "reports of systemic denial of funeral rights in the context of individuals killed in security operations in Jammu and Kashmir, India, including denial of return of bodies to families and remote and secret burials, disproportionately affecting Muslims and notably inconsistent with their practices, raise serious concerns."

According to India's statement during the dialogue, the report also addresses practices during the COVID-19 pandemic and recognises that States may restrict the funeral rights of persons involved in terrorism, but only within legal limits.

Statements During the Interactive Dialogue

Bhavika Mangalanandan, First Secretary of the Permanent Mission of India to the United Nations, questioned the report. As reported by the Press Trust of India and DD News, she said the report attributed wrongful practices during COVID-19 to the Global South while overlooking similar situations in developed countries, and that it contained "fervent advocacy" for the rights of terrorists that did not similarly extend to victims of terrorism. She added that legal limits on such rights "should be determined in accordance with the principles of sovereign rights".

Responding to remarks by Pakistan's delegation on Jammu and Kashmir, the Indian representative recalled that the Indian Army had buried Pakistani soldiers killed in the 1999 Kargil conflict with military honours and according to Islamic rites, and called on Pakistan to address the situation of minorities within its own territory.

Speaking for the Nordic Baltic States, Lithuania's Deputy Permanent Representative, Aleksas Dambrauskas, welcomed the report and stated that, since 24 February 2022, UNESCO has verified damage to 165 religious sites in Ukraine, including cemeteries, burial and memorial sites, and asked the Special Rapporteur what additional measures States should take in armed conflict and occupation to protect mourning, burial and commemoration practices.

Recommendations

The Special Rapporteur's reports set out recommendations relating to the respect and promotion of funeral rights, according to the University of Oxford Faculty of Law. As described in the reports and the dialogue, these centre on ensuring that communities, including unrecognised religious minorities, Indigenous Peoples and non religious persons, can bury and mourn their dead in line with their beliefs, and that any restrictions in exceptional circumstances remain lawful, necessary and non discriminatory. The full recommendations are contained in documents A/HRC/61/50 and A/81/376.

Relevant International Standards

Article 18 of the International Covenant on Civil and Political Rights protects freedom of thought, conscience and religion, including the freedom to manifest religion or belief individually or in community with others, in public or private, subject only to limitations prescribed by law and necessary to protect public safety, order, health, morals or the fundamental rights of others. In armed conflict, international humanitarian law, including the Geneva Conventions, requires that the dead be treated with respect and their graves be respected and marked.

Taskforce Note

The Global HR Taskforce will continue to monitor responses by States to the Special Rapporteur's findings, and the Third Committee's consideration of related resolutions during the eighty first session. Sources: Interim report of the Special Rapporteur on freedom of religion or belief, A/81/376; Report of the Special Rapporteur, A/HRC/61/50, 7 January 2026; Press Trust of India via The Hindu, 23 October 2026; DD News, 23 October 2026; Statement of the Nordic Baltic States, Permanent Mission of Lithuania to the United Nations, 22 October 2026; OHCHR, Special Procedures reporting.