A/HRC/4/21/Add.1
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framework for communications, more specifically to the international human rights norms and to
the mandate practice concerning “Minorities” (see above para. 1, category III. 5.).
Belarus
Communication sent on 9 March 2006 jointly with the Special Rapporteur on the situation
of human rights in Belarus
51.
The Special Rapporteurs brought to the attention of the Government information they had
received concerning the refusal to register the Christ’s Covenant Reformed Baptist Church and
the Belarusian Evangelical Church.
52.
According to what has been alleged, the Christ’s Covenant Reformed Baptist Church
has unsuccessfully been seeking re-registration under the 2002 religious law. Pastor Georgi
Vyazovsky is facing administrative charges for leading an unregistered congregation and carrying
out services at his home. The hearing is scheduled to take place on 3 March 2006.
53.
The Belarusian Evangelical Church has been unsuccessful in its attempts to obtain reregistration under the 2002 religious law. On 20 September 2005, the Church was liquidated. The
attempts to re-register were unsuccessful because the Church does not have state-approved nonresidential worship premises.
54.
There are concerns that the two churches are among many religious groups unable to gain
registration in Belarus. This inability to register renders it difficult to obtain suitable premises,
meaning that many religious groups are forced to use private residential premises for worship, for
which they then face administrative charges.
Observations
55.
The Special Rapporteur is concerned that she has not received a reply from the
Government concerning the above mentioned allegation. She would like to take the opportunity
to remind the Government of Commission on Human Rights resolution 2005/40 which urges
States, “[t]o review, whenever relevant, existing registration practices in order to ensure the right
of all persons to manifest their religion or belief, alone or in community with others and in public
or in private” (para. 4 c) and “[t]o ensure that, in accordance with appropriate national legislation
and in conformity with international human rights law, the freedom for all persons and members
of groups to establish and maintain religious, charitable or humanitarian institutions is fully
respected and protected.” (para. 4 c).
56.
Furthermore, the Special Rapporteur would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Registration” (see above para. 1, category I. 3. h). In this regard, the Special
Rapporteur wishes to emphasize that the right to freedom of religion is not limited to members of
registered religious communities. As she noted in her 2005 report to the Commission on Human
Rights, “registration should not be compulsory, i.e. it should not be a precondition for practicing
one’s religion, but only for the acquisition of a legal personality and related benefits”
(E/CN.4/2005/61, para. 58). Referring to the OSCE/ODIHR Guidelines for Review of
Legislation pertaining to Religion or Belief, the Special Rapporteur would like to underline that