A/HRC/4/21
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Furthermore, some religious minorities are adversely affected by manifestations of rejection or
violence from non-State actors and by threats to their very existence as a specific community.
When religious minorities are groups that are considered so-called non-traditional or new
religious movements, the members of these communities may be the object of suspicion and
suffer greater limitations to their right to freedom of religion or belief.
44.
The first mandate-holder, d’Almeida Ribeiro, already in 1990 stated that “aspects having
to do with the antiquity of a religion, its revealed character and the existence of a scripture, while
important, are not sufficient to make a distinction [between religions, sects and religious
associations]. Even belief in the existence of a Supreme Being, a particular ritual or a set of
ethical and social rules are not exclusive to religions but can also be found in political ideologies.
So far, a satisfactory and acceptable distinction has not been arrived at”. (E/CN.4/1990/46,
para. 110.) His successor in the mandate, Abdelfattah Amor, added that “[r]eligions cannot be
distinguished from sects on the basis of quantitative considerations, saying that a sect, unlike a
religion, has a small number of followers. This is not in fact always the case. It runs absolutely
counter to the principle of respect and protection for minorities, which is upheld by both
domestic and international law and morality. Besides, following this line of argument, what are
the major religions if not successful sects?”. (E/CN.4/1997/91, para. 95.) The second
mandate-holder further emphasized that the issue of sects or new religious movements is
complicated by the fact that international human rights instruments provide no definition of the
concepts of religion, sect or new religious movement: “Added to this legal dimension is the
general confusion regarding the term ‘sect’ in particular. Although the idea of a sect was
originally a neutral one and meant a community of individuals constituting a minority within a
religion and having split from it, it often now has a pejorative connotation so that it is frequently
regarded as synonymous with danger, and sometimes a non-religious dimension when it is
identified as a commercial enterprise. The term ‘sect’ is therefore in need of further clarification,
as are the terms ‘religions’, ‘new religious movements’ and ‘commercial enterprise’. It is crucial
to look at this phenomenon objectively so as to avoid the two pitfalls of either infringing the
freedom of religion and belief or exploiting freedom of religion and belief for purposes other
than those for which it has been recognized and protected.” (E/CN.4/1998/6, paras. 116-117)
45.
The Special Rapporteur would like to join her predecessors’ analysis concerning the
complexity of defining religion and belief. The pertinent international human rights standards
seem to take the problem of finding a satisfactory definition of the “protected religion” into
account by providing for a broad view of this concept. The Human Rights Committee in its
general comment No. 22 (1993) rightly argued: “The terms ‘belief’ and ‘religion’ are to be
broadly construed. Article 18 is not limited in its application to traditional religions or to
religions and beliefs with institutional characteristics or practices analogous to those of
traditional religions. The Committee therefore views with concern any tendency to discriminate
against any religion or belief for any reason, including the fact that they are newly established, or
represent religious minorities that may be the subject of hostility on the part of a predominant
religious community.” Furthermore, the Human Rights Committee reiterated that article 18 of
the ICCPR “protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess
any religion or belief” (para. 2). This formula has already been quoted in various United Nations
reports (E/CN.4/Sub.2/1987/26, para. 13; E/CN.4/1990/46, para. 110) and it is also used as a
definition in the Madrid Final Document on School Education in relation with Freedom of
Religion and Belief, Tolerance and Non-discrimination (E/CN.4/2002/73, Appendix).