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

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