E/CN.4/1992/52
page 158
101. The so-called sects, cults and what are usually known as "new religious
movements" have reportedly been the most frequent victims of religious
intolerance and discrimination. However, as they have been the subject
of controversy in many countries, it is extremely difficult to appraise
allegations of intolerance concerning them. The Special Rapporteur has noted
that when religious groups, in particular sects or similarly regarded groups,
have been prosecuted, such cases frequently involve illegal financial
activities including tax evasion, embezzlement of funds or activities which
clearly fall outside the scope of religious practice. It is very difficult tc
evaluate whether such accusations are well founded or used merely to discredit
a given sect. In order to shed light on the matter judicial proceedings, with
all the necessary safeguards provided for in international instruments, would
be required.
102. Members of religious entities perceived as sects by the authorities of
the countries in which they carry out their activities frequently face a
number of difficulties in performing their religious activities. For example,
the Jehovah's Witnesses faith has often been outlawed and its followers have
been considered as members of a sect and have suffered persecution in a number
of countries. The Unification Church and the Church of Scientology are also
considered as sects in many countries and have not been granted legal status.
They have often been subjected to legal proceedings because of activities that
the authorities perceived as falling outside the purview of purely religious
activities. In the Islamic Republic of Iran, followers of the Baha'i faith
have been described by the authorities as belonging to the "misguided Baha'i
sect" or "the despised sect". In a communication addressed to the Special
Rapporteur, the Government of Indonesia indicated that it differentiates
between four religions, which enjoy constitutional guarantees, and "misleading
religious cults", which has resulted in the prohibition of the Baha'i movement
and Jehovah's Witnesses. It has also been alleged that persons have been
prosecuted in Indonesia and in Morocco for belonging to or forming an
unauthorized religious organization or sect. In Pakistan, members of the
Ahmadi community, who consider themselves Muslims but whom the Government
considers as belonging to a heretical sect by the Government, have reportedly
suffered persecution, as described in the country section in chapter II and
in the Special Rapporteur's previous reports. In India, the Ananda Marga are
reportedly regarded as a threat to national security in the guise of religion.
103. With regard to the legal requirements for the recognition of religious
entities, the legislation of most countries prohibits discrimination among
religions, religious communities and religious organizations. The majority of
the Governments that replied to the questionnaire stated that they guarantee
full freedom of religious obervance and assembly, that all their citizens were
equal before the law and that all recognized religions enjoyed equal status.
Most countries adopt a neutral position with regará to religious and
ideological beliefs and do not accord privileged treatment to any particular
faith.
104. The laws of a considerable number of countries prohibit practices which
would prevent the free exercise of any religion, while other countries have
removed from their legislation provisions which are explicitly directed
against a particular religious practice. In most countries, the criterion for
recognizing religions, religious sects and religious associations is the legal