Businesses that prohibit legitimate expression, or discriminate in hiring practices on the grounds of religious faith, violate the right to freedom of conscience. Businesses operating in countries that discriminate on the grounds of religious belief, or even prohibit the practice of certain religions or religious activities, are at risk of being accused of complicity. Businesses may also need to accommodate the religious practices of workers from different religious groups in the workplace, and find a balance between the freedom to manifest one’s religion and the protection of legitimate company interests, such as health and safety standards. Business may also be at risk of complicity if they do not take actions to prevent employees from being targets of attack by those opposing their religious beliefs, or by sending their employees to countries or areas where members of their employees’ religion are vulnerable to attack.

The following examples were identified through background research:

• Migrant workers in Saudi Arabia , and in particular domestic workers, many of whom are recruited from Asian countries, are often arrested for illegal religious practices.
• In Iran, members of some religious minorities suffer discrimination, harassment and arbitrary detention. Adherents to the Baha’i faith are denied access to higher education and some sites considered sacred to them were destroyed in 2008.
• In December 2007, the Chinese authorities detained 21 Christian leaders for belonging to an “evil cult”. They were then sentenced to re-education through labour with prison terms ranging from one to three years.
• In Pakistan, religious minorities face targeted violence, including death sentences by the state for blasphemy. Blasphemy laws are sometimes used in business or personal disputes to harass religious minorities or other Muslims.

How does a company balance its duty to respect its employees’ right to freedom of religion with employee safety, liberty and non-discrimination when operating in a country where the activities of religious groups are restricted in law?

The following have been identified as possible components of this dilemma:

• Discriminatory laws
• Absence of laws that protect members of religious groups
• Societal discrimination
• Discrimination by the authorities
• Cultural acceptance of discrimination
• Harassment and violence against members of religious groups
• Human rights defenders’ public campaigns supporting members of religious groups
• Product misuse
• Alleged complicity in violations by private or public security forces