E/CN.4/2006/5/Add.1 Page 55 responsible for official registration check information on the establishment, reorganization and dissolution of legal entities. Under Article 42 of the Civil Code, they are not entitled to refuse registration in the absence of evidence that the establishment of a legal entity is improper. Observations 239. The Special Rapporteur thanks the Government for its response to her communications. She would like to take this opportunity to draw the Government’s attention to paragraph 4(c) of Resolution 2005/40 of the Commission on Human Rights, which urges all States “to review, whenever relevant, existing registration 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.” 240. Moreover, the Special Rapporteur wishes to emphasize that the right to freedom of religion is not limited to members of registered religious community. As she reminded in her previous report to the Commission on Human R ights, referring to the OSCE/ODIHR Guidelines for Review of Legislation pertaining to Religion or Belief, “registration should not be compulsory, i.e. it should not be a precondition for practicing one’s religion, but only for the acquisition of a legal personality and related benefits” (E/CN.4/2005/61, para. 58). Kuwait Communication sent on 20 May 2005 241. The Special Rapporteur had received information concerning a clause in the recent amendments to the electoral law promoting a specific religious belief. According to the information received amendments to the election law adopted on 16 May 2005 by the Parliament giving women passive and active election rights contain a clause stating that women voting and running for political office must adhere "to the dictates of Islamic Sharia." Response from the Government dated 16 August 2005 242. The Government informed the Special Rapporteur that the amendment to the electoral law does not promote a specific religion and that the Special Rapporteur had received incorrect information on this point. According to article 2 of the Constitution of the State of Kuwait: “The religion of the State is Islam and the Islamic sharia is the principal source of legislation.” Article 12 stipulates that the State must preserve the Arab Islamic heritage. Thus, the information which the Special Rapporteur has received, suggesting that the amendment promotes a specific religion, does not chime with the above-mentioned constitutional provisions. The clause: “Women who stand for office and vote must comply with the precepts of the Islamic sharia”, as contained in article 1 of Act No. 17 of 2005, amending article 1 of the Parliamentary Elections Act No. 35 of 1962, is consistent with the Constitution of Kuwait, which provides that the religion of the State is Islam and the Islamic sharia is the principal source of domestic legislation and laws.

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