A/HRC/7/10/Add.4
page 9
Rapporteur requested but was not provided with any of the reports of the provincial
commission.
21.
In a 1997 report, the Special Rapporteur’s predecessor Mr. Abdelfattah Amor
elaborated on religious sects as follows: “In actual fact, the fairly widespread hostility
towards sects can be largely explained by the excesses, the breaches of public order and,
on occasion, the crimes and despicable conduct engaged in by certain groups and
communities which trick themselves out in religion, and by the tendency among the
major religions to resist any departure from orthodoxy. The two things must be treated
separately. Sects, whether their religion is real or a fiction, are not above the law. The
State must ensure that the law – particularly laws on the maintenance of public order and
penalizing swindling, breach of trust, violence and assaults, failure to assist people in
danger, gross indecency, procurement, the illegal practice of medicine, abduction and
corruption of minors, etc. – is respected. In other words, there are many legal courses
open and they afford plenty of scope for action against false pretences and misdirection.
Beyond that, however, it is not the business of the State or any other group or community
to act as the guardian of people’s consciences and encourage, impose or censure any
religious belief or conviction” (E/CN.4/1997/91, para. 99).
22.
The Human Rights Committee in its general comment No. 22 (1993) provided the
following guidance: “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).
23.
In accordance with the foregoing reasoning, the Special Rapporteur also interprets
the scope of application for freedom of religion or belief in a broad sense, bearing in
mind that manifestations of this freedom may be subject to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals or
the fundamental rights and freedoms of others. Ms. Rosalyn Higgins, currently President
of the International Court of Justice and a former member of the Human Rights
Committee during the drafting of General Comment No. 22, “resolutely opposed the idea
that States could have complete latitude to decide what was and what was not a genuine
religious belief. The contents of a religion should be defined by the worshippers
themselves; as for manifestations, article 18, paragraph 3, existed to prevent them from
violating the rights of others” (CCPR/C/SR.1166, para. 48).
24.
Both Commission on Human Rights resolution 2005/40 and Human Rights
Council resolution 6/37 urge States “to 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”. The Special Rapporteur
would like to reiterate that registration procedures should be easy, quick and should
neither depend on reviews of the substantive content of the belief nor on extensive formal