A/65/207
22. The Special Rapporteur would like to reiterate that Governments should
widely inform the population, including appropriate law enforcement agencies,
about the principle that registration does not constitute a precondition for practising
one’s religion or belief. 17 Moreover, any procedure for registration of religious
associations should be transparent, including with regard to the time frame of the
process. Such registration procedures should be easy, quick and not depend on
reviews of the substantive content of the beliefs of the association. Provisions which
are vague and grant excessive governmental discretion in giving registration
approvals should not be allowed. It is imperative that no religious group be
empowered to decide about the registration of another religious group. Furthermore,
requiring high minimum membership levels or a lengthy existence in the country
concerned are not appropriate criteria for registration.
23. In the case of refusal of registration, the relevant institutions have an
obligation to formally transmit to the community or group concerned the exact
reasons for the refusal. Furthermore, Governments should ensure that these groups
or communities have unimpeded access to the competent courts for a judicial review
of the refusal. Since international human rights law recognizes freedom of religion
or belief regardless of registration status, those who cannot or do not wish to
register should still be able to individually and collectively manifest their religion or
belief. Any limitations on this freedom must not only be prescribed by law but also
be necessary to protect public safety, order, health or morals or the fundamental
rights and freedoms of others.
F.
Official documents and information on religious affiliation
24. The Special Rapporteur regrets that in some States official documents are
withheld from individuals on the grounds of religion or belief. Furthermore, the
right to refrain from disclosing information concerning one’s religious affiliation on
such documents against one’s will is not always respected. In her report to the
General Assembly in 2008, the Special Rapporteur analysed religious discrimination
in administrative procedures, for example regarding access to official documents. 18
25. At the same time, she notes with appreciation some recent positive
developments. In one State, domestic courts in 2008 and 2009 annulled decisions in
which the administration had abstained from putting a dash in the space reserved for
religion on identity cards or birth certificates as requested by the applicants. 19 This
ended a discriminatory policy in that country of non-issuance of official documents
for Bahá’ís unless they had converted to one of the three religions recognized by
that State. In this context, the Special Rapporteur would like to re-emphasize that
article 18 of the International Covenant on Civil and Political Rights also protects
the right not to profess any religion or belief.
__________________
17
18
19
10-47047
See the Special Rapporteur’s reports on her missions to Azerbaijan (A/HRC/4/21/Add.2,
paras. 96-97), Angola (A/HRC/7/10/Add.4, paras. 16-24) and Turkmenistan
(A/HRC/10/8/Add.4, paras. 22-32).
A/63/161, paras. 31-36 and 45-54.
See the Special Rapporteur’s communications to Egypt (E/CN.4/2004/63, paras. 40-41;
E/CN.4/2005/61/Add.1, para. 85; E/CN.4/2006/5/Add.1, para. 117; A/HRC/7/10/Add.1,
paras. 79-85; and A/63/161, para. 32).
9