A/HRC/19/60/Add.2 managed to achieve registration status, repeatedly complained about the procedure being cumbersome, time-consuming, overly bureaucratic and rigid. Reportedly, they often did not understand the reasons for the refusal of their applications. Non-registered religious communities lack legal personality, and therefore cannot take collective legal action. The Ministry of Justice clarified that they can nonetheless practice their religion freely, and that activities of such groups are not deemed illegal. Representatives of the Muslim community, however, stated that persons attending worship had been subjected to identity checks by the authorities. This practice reportedly stopped in March 2011 after one Muslim organization was officially recognized. 56. In the past, cases of administrative sanctions applied to individuals belonging to unregistered religious organisations or to non-citizens carrying out religious activities in public places for not providing advance notification to municipalities, under article 54(4) of the Contravention Code had been reported and relayed by international human rights mechanisms.15 The Special Rapporteur was told, however, that there had been improvements in this area. In this context, he supports the call of the Committee on the Elimination of Racial Discrimination to the Government of the Republic of Moldova to respect the right of members of registered and non-registered religions to freely exercise their freedom of religion, review existing registration regulations and practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or in private, regardless of registration status. 16 57. In addition, the Special Rapporteur notes the existence in both article 54(4) of the Contravention Code and in the 2007 Law on Religious Denominations of provisions that are explicitly discriminatory against non-citizens. For example, the current law requires 100 signatures by citizens of the Republic of Moldova to establish a religious organization.17 58. The Ministry of Justice declared its readiness to revise the law and initiated a consultation process with religious and belief communities and civil society, by which the Government sets a good example of transparency and participation.18 In this context, the Special Rapporteur reiterates that registration procedures for religious or belief communities should be quick, transparent and non-discriminatory, and not impose an undue burden on groups who wish to achieve registration status. It is important to make clear in the law that freedom of religion or belief, following from its nature as a universal human right, covers a broad range of religions and beliefs. Indeed, it includes theistic, non-theistic and atheistic convictions, as well as the possibility of not professing any religion or belief.19 The Special Rapporteur also reiterates his view that no religious community should be allowed to exercise a “veto” or otherwise influence the decision to register or not to register another religious or belief group. All registration decisions must be based on formal elements of law and in full conformity with international law. Consequently, any formal or informal approach that allows only one registered community of a particular faith should be removed. 59. In the Transnistrian region of the Republic of Moldova, new rules issued in 2009 oblige all religious communities to re-register in order to retain or obtain legal status. For a period of 10 years after registration, which a high-ranking representative of the 15 16 17 18 19 16 See in particular CERD/C/MDA/CO/8-9 and CCPR/C/MDA/CO/2. CERD/C/MDA/CO/8-9. See Committee on the Elimination of Racial Discrimination, general recommendation No. 30. See footnote 5. The Special Rapporteur was also informed that, to facilitate the registration procedure, the Ministry of Justice has elaborated a set of sample documents, available on the website www.justice.gov.md. See Human Rights Committee, General Comment No. 22 (1993).

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