E/CN.4/1992/52
page 90
80. Since the publication of document E/CN.4/1991/56, replies to the
questionnaire of 25 July 1990 were received from the following Governments
by 30 November 1991: Australia, Belize, Bolivia, Botswana, Burkina Faso,
Canada, Cyprus, Egypt, Guinea, Haiti, Iceland, Ireland, Islamic Republic of
Iran, Israel, Luxembourg, Panama, Portugal, Rwanda, Sudan, Syrian Arab
Republic, Trinidad and Tobago, Turkey, Ukrainian Socialist Republic,
United States of America and Zimbabwe.
81. The following paragraphs reflect the questions sent out to the
Governments and the answers provided by them:
82. (a) In national legislation or practice, is a distinction made between
religion, religious sects and religious associations? If so. what criteria
are used for determining which ones are legal or illegal?
Australia
"There is no distinction made in Australian national law and practice
between religions, religious sects or religious associations, and none are
illegal. In fact section 116 of the Australian Constitution prohibits the
making of laws which would prevent the free exercise of any religion.
Section 116 is as follows:
116. The Commonwealth shall not make any law for establishing any
religion, or for imposing any religious observance, or for prohibiting
the free exercise of any religion, and no religious test shall be
required as a qualification for any office or public trust under the
Commonwealth.
Although this section only applies to the Commonwealth of Australia and
not to the six States which comprise that Commonwealth, it is a fact that
there are no State laws or practices which make distinctions between
religions, religious sects or religious associations or ban them as illegal."
"At present there is no single piece of legislation that deals
exclusively with ... religious tolerance, however there are adequate
provisions in our Constitution to guarantee the rights of individuals in
regard to religious beliefs.
In the Preamble of the Constitution the following is stated:
Whereas the people of Belize:
(a) Affirm that the nation of Belize shall be founded upon principles which
acknowledge the supremacy of God, faith in human rights and fundamental
freedoms, the position of the family in a society of free men and free
institutions, the dignity of the human person and the equal and inalienable
rights with which all memebers of the human family are endowed by the Creator.