A/HRC/19/60
57.
Furthermore, the Special Rapporteur has observed with concern a recent trend of
Governments enacting legislation with a view to stripping some denominations of their
previous registration status as a religious community. Some domestic laws even provide for
discriminatory exemptions of certain religious communities considered “traditional”, while
small or new religious movements would need to submit new applications to be reregistered – an option often connected with lengthy and costly bureaucratic procedures.
Such State policies of depriving some religious or belief groups of a previously held status
may be pursued for different purposes; for example, to exercise control over some religious
or belief movements or marginalizing groups deemed not to fit into the cultural, religious or
political makeup of the country. From the perspective of freedom of religion or belief and
in view of the principle of non-discrimination underlying human rights in general, such
practices are highly problematic, as they are likely to create an atmosphere of legal
insecurity and political intimidation detrimental to the free and equal enjoyment of freedom
of religion or belief by everyone. Provisions that operate retroactively or that fail to protect
vested interests should be avoided and if new rules are introduced there should be at least
adequate transition provisions.
58.
A legal personality status made available for religious or belief communities should
be understood as an option, not an obligation imposed on them by the State. If some
communities, for whatever reasons, prefer not to obtain such a status and generally wish not
to be registered as a legal entity by the State, such a decision clearly deserves respect and
should not be penalized. Unfortunately, however, the Special Rapporteur has received
information that in a number of countries members of “non-registered” religious
communities have experienced police harassment, surveillance or even criminal sanctions,
as their activities are deemed illegal by the State or certain State agencies, such as the
police or the secret service. Restrictive measures include the closing of places of worship,
confiscation of property, financial sanctions possibly causing financial ruin, imprisonment
and in some cases even the use of torture. Target groups may include communities that
have been denied registration status against their will and communities not wishing to
obtain any such legal status. Against such unacceptable practices, the Special Rapporteur
would like to reiterate that the enjoyment of the freedom of religion of belief as such does
not depend on any acts of State approval or administrative registration. Moreover, States
have an obligation to provide information and clear instructions to those working in law
enforcement and other agencies that religious manifestations of members of “nonregistered” groups must be respected as part of their freedom of religion or belief.
D.
The issue of privileged status positions for certain religious or belief
communities
59.
Many States provide for a privileged status position to be accorded to certain
religious or belief communities or – in most cases – to only some of them. Such a specific
status position typically goes way beyond the general possibilities attached to the status of a
legal personality and may include practical privileges, such as tax exemption, financial
subsidies, or membership in public broadcasting agencies. The term “recognition” is often
used with reference to such a privileged status position, which some denominations may
enjoy while others might be excluded.
60.
While States have a clear human rights obligation to offer the possibility for
religious or belief communities to obtain a general status of a legal personality, the
provision of a more specific status position on behalf of religious or belief communities
does not directly follow from the human right to freedom of religion or belief. States have
different options in this regard. There is room for a broad range of possibilities. Whereas
many States have offered such a specific status position as part of their promotional
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