A/HRC/19/60
44.
Unfortunately, the Special Rapporteur has received numerous complaints that
registration procedures have been used as a means to limit the right to freedom of religion
or belief of members of certain religious or belief communities. In some States, certain
communities are de facto or even de jure excluded from the possibility of obtaining the
status of a legal person or suffer from discriminatory treatment in this regard. Once again,
such discriminatory practices disproportionately affect small or non-traditional groups.
Often the threshold defined for obtaining legal personality status – for example the
provision of a minimum number of followers – does not appropriately take into account the
needs of smaller communities. In some States, religious or belief communities are also
required to document that they have long existed in the country. Other cases of obstruction
relate to the requirement that the registration application be signed by all members of the
religious organization and should contain their full names, dates of birth and places of
residence. However, some members may legitimately wish to keep their religious affiliation
confidential and those who were not included in the registration application might
subsequently face difficulties when taking part in religious activities of their fellow
believers. Furthermore, some States seem to require in practice not only registration at the
national level, but also a separate registration of local branches of religious or belief
communities, which in turn leaves local authorities with wide discretionary powers for
approving or rejecting the local registration applications.
2.
Difficulties encountered by unregistered religious or belief communities
45.
As a result of such obstacles, members of unregistered religious or belief
communities typically encounter huge difficulties when trying to organize their community
life in a stable environment and with a long-term perspective.
46.
For instance, without the status of a legal personality, religious or belief
communities cannot open bank accounts or engage in financial transactions. As a result, the
ownership of places of worship frequently remains precarious, in that real estate assets or
other important property only belong to private individuals who informally operate in the
service of the community. Whether in the case of death, their successors will continue such
activities on behalf of the community or claim the inherited property for different purposes
may be questionable. Furthermore, the construction of larger places of worship seems
hardly conceivable under such insecure circumstances. In this context, the Special
Rapporteur would like to recall that the right to freedom of thought, conscience, religion or
belief includes, inter alia, freedom to establish and maintain places of worship and freedom
to solicit and receive voluntary financial and other contributions from individuals and
institutions.13
47.
Similarly, communities lacking legal personality status are faced with additional
obstacles when trying to establish private denominational schools. This in turn may have
negative repercussions for the rights of parents or legal guardians to ensure that their
children receive religious and moral education in conformity with their own convictions – a
right explicitly enshrined in international human rights law as an integral part of freedom of
religion or belief.14
13
14
Article 6 (a) and (f) of the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief.
Article 18, paragraph 4, of the International Covenant on Civil and Political Rights. See also article
13, paragraph 3, of the International Covenant on Economic, Social and Cultural Rights; article 14,
paragraph 2, of the Convention on the Rights of the Child; and article 5 of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
13