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 16

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