E/CN.4/1997/91
page 19
94.
The term “sect” seems to have a pejorative connotation. A sect is
considered to be different from a religion, and thus not entitled to the same
protection. This kind of approach is indicative of a propensity to lump
things together, to discriminate and to exclude, which is hard to justify and
harder still to excuse, so injurious is it to religious freedom.
95.
Religions cannot be distinguished from sects on the basis of
quantitative considerations, saying that a sect, unlike a religion, has a
small number of followers. This is not in fact always the case. It runs
absolutely counter to the principle of respect and protection for minorities,
which is upheld by both domestic and international law and morality. Besides,
following this line of argument, what are the major religions if not
successful sects?
96.
Nor can it be said that sects, as compared with religions, are typically
more eccentric in doctrine and practice. There is ample scope here for
subjectivism and arbitrariness. Any religion includes some elements that are
irrational and mysterious - even, on occasion, close to spirit-worship. All
religious beliefs are in essence respectable provided they are sincere and
held in good faith, and no one has any business to deride, criticize or
condemn them for what they are - which is not to say that one cannot pass
judgement on what they do.
97.
Again, one cannot say that sects should not benefit from the protection
given to religion just because they have had no chance to demonstrate their
durability. History contains many examples of dissident movements,
schisms, heresies and reforms that have suddenly given birth to religions or
religious movements.
98.
All in all, the distinction between a religion and a sect is too
contrived to be acceptable. A sect that goes beyond simple belief and appeals
to a divinity or, at the very least, to the supernatural, the transcendant,
the absolute, or the sacred, enters into the religious sphere and should enjoy
the protection afforded to religions.
99.
In actual fact, the fairly widespread hostility towards sects can be
largely explained by the excesses, the breaches of public order and, on
occasion, the crimes and despicable conduct engaged in by certain groups and
communities which trick themselves out in religion, and by the tendency among
the major religions to resist any departure from orthodoxy. The two things
must be treated separately. Sects, whether their religion is real or a
fiction, are not above the law. The State must ensure that the law particularly laws on the maintenance of public order and penalizing swindling,
breach of trust, violence and assaults, failure to assist people in danger,
gross indecency, procurement, the illegal practice of medicine, abduction and
corruption of minors, etc. - is respected. In other words, there are many
legal courses open and they afford plenty of scope for action against false
pretences and misdirection. Beyond that, however, it is not the business of
the State or any other group or community to act as the guardian of people's
consciences and encourage, impose or censure any religious belief or
conviction.