E/CN.4/1992/52
page 161
Shia Muslim faith is said to have been restricted in Iraq. In the Islamic
Republic of Iran, followers of the Baha'i faith who have stated that they are
Baha'is before public officials have been dismissed from Government employment
and have suffered various other forms of discrimination and persecution. On
the other hand, in Mauritania persons may reportedly be sentenced to death for
not expressing their religious beliefs, i.e. praying.
114. Members of the clergy of various Christian denominations have been
the victims of violence, not for expressing their religious beliefs, but
on account of the way the tenets of the churches to which they belong are
manifested, for example community and church work with the underprivileged
classes of society performed out of social commitment.
(c)
Protection of the rights of religious minorities
115. Most of the Governments that responded to the questionnaire stated that
the right of all persons to practise their faith, whether they belong to a
religious minority or whether they are citizens, residents or non-residents,
is protected by the law. The majority also indicated that recourse is
available to persons who feel that this right has been violated.
116. In its response to the questionnaire, the Government of Switzerland
indicated that "freedom of worship signifies protection not only of traditional
religions but also of new forms of worship". This encompasses all types of
Christian religious association, all universal religions and their subgroups
as well as new religious communities. The Government of the Islamic Republic
of Iran indicated that "the minorities are protected by the Government ... in
accordance with principles of the Constitution and the law relating to the
affairs of personal status of non-Shia Iranians ...". The Government of the
Syrian Arab Republic stated that the Jewish and Christian minority communities
benefited from the necessary de jure and de facto protection. The Government
of Morocco stated that there is "very high toleration in Morocco for the
religions of the Book". The Government of Indonesia indicated that it
did "not adopt the terms majority and minority as these words are generally
understood", adding that its citizens were "first and foremost Indonesians,
with the inherent right to adhere to the religion of [their] choice".
117. In a number of countries where the Catholic church has traditionally
played an important role as a majority religion, it has maintained legal
personality under public law. Minority churches are usually able to establish
themselves as corporate bodies under private law and therefore depend to a
certain extent on the administrative authorities. This is the case in a number
of Latin American countries which do not consider a concordat between the
Government and the Holy See as being inconsistent with the exercise of freedom
of religion by minority denominations, and do not view it as jeopardizing the
equality before the law of citizens belonging to religious minorities.
118. In its reply to the questionnaire, the Government of Canada stated that
legal provisions favouring the majority religion have been declared invalid
in a number of cases. The Canadian Charter of Rights and Freedoms safeguards
religious minorities from the threat of the "tyranny of the majority". The
majority of Governments invoked the same reservations concerning public order
and morality as limiting the right of religious practice by minorities.