A/78/207
is usually limited to only certain recognized religious or belief minorities, while
others are excluded. 81 The Special Rapporteur reiterates that religious or belief
communities should be involved in matters that concern them, including at all stages
of legislative processes. Their mere representation in legislative houses, although it
may be welcome, is not enough.
J.
Executive and ministerial authorities
74. Many of the challenges to the lived reality of freedom of religion or belief at the
domestic level, as highlighted in the previous sections, are facilitated by, or originate
from, structural issues relating to the constitutional or administrative status of
religions or beliefs. Constitutional and administrative protection constitutes a
necessary first step to upholding the freedom of religion or belief.
75. Violations arise in contexts where religious or belief communities either are
forced to register with the State authorities or have their registration (or recognition
of their very existence) denied or delayed. Others may face additional burdens if the
religion or belief is accorded a secondary status as compared with more popular,
established or “traditional” religions or beliefs. Responsibility for the registration or
administration of religious or belief groups often lies with ministries, depending on
the institutional architecture of government. Given its status as a universal human
right, the exercise of freedom of religion or belief cannot, in and of itself, be subject
to administrative requirements. While registration may be reasonable and necessary
to facilitate such engagements as the acquisition of property or the management of
taxation, the process for registration must be free from unnecessary burdens and not
limited to recognized or “traditional” religions. 82
76. Addressing prejudices within and outside the State apparatus, which form
barriers to the realization of the right to freedom of religion or belief, is a significant
task. The Special Rapporteur has been made aware of initiatives among relevant
ministries that are aimed at increasing awareness and sensitivity among functionaries
with respect to freedom of religion or belief, with a view to going beyond a mere
passive administrative function to actively spread awareness and promote freedom of
religion or belief. 83 Such activities, in partnership and in technical cooperation with
civil society and carried out in as inclusive a manner as possible, are strongly
encouraged.
77. The Special Rapporteur welcomes the nomination, among some States, of
special envoys with a mandate to promote freedom of religion or belief as a foreign
policy priority. Some envoys also engage with domestic and diaspora representatives
of civil society to exchange view on issues of concern, thereby strengthening both
domestic and international solidarity and action in the promotion of freedom of
religion or belief 84 and enabling early warning and prevention of violations or
drawing attention to cases of concern.
IV. Responsibilities of non-State actors
78. State human rights obligations relate to individuals and groups of individuals,
including persons belonging to religious and belief minorities. In advancing the right
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81
82
83
84
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Submission provided by Minority Rights Group.
A/71/269, paras. 48–50; and A/73/362, paras. 15–17.
Submission provided by Red Latinoamericana y del Caribe para la Democracia.
Submission provided by the Special Envoy of the Prime Minister of the United Kingdom of
Great Britain and Northern Ireland for freedom of religion or belief.
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