A/HRC/61/50/Add.1
compares very positively in relation to international norms. 33 The Office of the Chief
Registrar of Societies reviews applications for their religious purpose and carries out a
security check.
36.
Freedom of religion or belief norms insist that registration should not be compulsory
and it should not represent a precondition for practising one’s religion, but only be for the
acquisition of legal personality and related benefits; in the latter case, registration procedures
should be easy and quick and not depend on extensive formal requirements in terms of the
number of members or the time that a particular religious group has existed. Moreover, the
registration should not depend on reviews of the substantive content of the belief, of the
structure of the religious community or of its internal organizational structure.34
37.
The Special Rapporteur notes that, along with a moratorium new registrations that has
been in place since 2019, this introduces risks in terms of freedom of religion or belief
obligations. The United States Department of State, in its report of 2023 on religious freedom
in Zambia, 35 has also repeatedly raised concerns about the requirement for all religious
organizations and faith-based organizations to be registered in the Register of Societies,36 and
about preconditions, including being a part of a mother body.
C.
Public manifestation of religion or belief
38.
When engaging interlocutors on the question of freedom of religion or belief –
governmental, provincial or civil society organizations and community-based organizations
– the response, without exception, was restricted to the freedom to worship and
non-interference towards them. In the legal, political and public imagination, therefore, the
scope of freedom of religion or belief is extremely narrow. The implications of this are
threefold: blind spots regarding indirect discrimination on the basis of religion or belief, a
lack of reasonable accommodation of manifestation of religion or belief, and an absence of
consideration of positive obligations towards religious and belief communities.
39.
International human rights law standards give detailed guidance on when limitations
on manifestation of religion or belief are legitimate and when they are against international
human rights law. Practices that violate the human rights and freedoms of others, that were
regularly raised during the visit, related to witchcraft. The human rights and freedoms
violated related to the rights of the elderly, of women and children, of persons with albinism,
and others.
40.
Article 19 of the Constitution of Zambia protects both the forum internum and forum
externum elements of the freedom of religion or belief, including the right to change religion
or belief, to propagate it, to receive religious education in line with people’s beliefs and to
provide religious instruction, as well as the right not to take an oath contrary to one’s religion
or belief.
41.
According to the Government, there is no major difference between article 19 of the
Constitution and article 18 of the International Covenant on Civil and Political Rights.
However, the Special Rapporteur finds that article 19 of the Constitution diverges from the
protection of article 18 of the Covenant in four main ways, which require careful
consideration.
42.
Firstly, no compulsion “to take any oath” contrary to or “in a manner which is
contrary” to one’s religion or belief is upheld, but the significant “no coercion” clause in the
International Covenant on Civil and Political Rights is not reflected in the Constitution.
43.
Secondly, the Constitution specifies the right to provide religious instruction for
community members and to establish and maintain institutions for this purpose. This is more
33
34
35
36
8
OSCE Office for Democratic Institutions and Human Rights, Guidelines on the Registration of
Religious or Belief Communities, available from https://odihr.osce.org/odihr/139046. Provides an
informative analysis of relevant international standards.
E/CN.4/2005/61, paras. 56–58.
See https://www.state.gov/reports/2023-report-on-international-religious-freedom/zambia/.
See https://www.mohais.gov.zm/?page_id=1615.
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