A/HRC/25/58/Add.2
arise with legal questions concerning personal status – marriage, divorce, custody of
children and inheritance issues – because non-registered communities do not have their
own religious tribunals. In such situations, members of non-recognized Christian churches
have the option of either submitting their issues to the ecclesiastical tribunals of a
denomination to which they feel some attachment or of resorting to a civil court. Both
options include practical problems. While resorting to other ecclesiastical tribunals requires
an appeal to the voluntary hospitality of the relevant community, civil courts by and large
operate on the basis of the tenets of Islam.
24.
When responding to a request for full recognition as a religious community on an
equal footing with traditional churches, the Government generally consults with the
Council of Churches, even though this is not required by law. From a human rights
perspective, however, questions concerning recognition or registration of a group should
not be made dependent on the consensus of other denominations. Instead, applications for
recognition or registration should be decided by the administration on the basis of
transparent criteria applicable to all groups, without discrimination.
25.
A few small communities, including the Baha’is and some Evangelical
denominations, do not have any status as a legal personality. Not only do they lack formal
recognition as religious communities, they are also deprived of the advantages of
registration under the law of immovable property. This leads to serious problems for them
in organizing a sustainable community life; for example, a community lacking any status as
a collective legal entity cannot open bank accounts, purchase real estate or employ
professional staff for educational or other purposes. As a result, such activities can only be
undertaken by private individuals operating in the service of the community. The situation
can always change when such a person dies or for any reason cannot continue to function
on behalf of the community. Under such precarious conditions, the development of an
infrastructure needed for sustaining community affairs is certainly difficult, if possible at
all. This raises serious concerns under freedom of religion or belief, which is not a right of
individuals alone but also of communities.
26.
At the level of the individual person, everyone’s religious adherence is registered on
an identity card. Before the computerization of the issuance of identity cards, some 20 years
ago, the administration at times accommodated religious adherence beyond the two main
religions of the country (Islam and Christianity). For instance, the Baha’is reported some
cases in the past in which membership in the Baha’i community had been handwritten into
identity documents. With the full computerization of the issuance of identity cards,
however, this option no longer exists. As a result, the remaining options are confined to
Islam, Christianity or no religion (indicated by a dash or a few dots).
27.
The Special Rapporteur reiterates his view that the State should ensure that religious
orientations are not identified against the will of the individual. This particularly concerns
passports, identity cards and similar documents. The fact that such documents play a crucial
role in administrative dealings – such as the enrolment of children in school, applications
for public positions, participation in elections or applications for a visa – renders the
holders vulnerable to discriminatory treatment on the basis of their religion or belief. The
Special Rapporteur noted with approval that Jordanian passports no longer include the
category “religion”. When speaking with the Minister for the Interior and other
representatives of the Government, he learned that proposals were currently being
discussed concerning a possible removal of the category “religion” also in identity cards.
The Special Rapporteur encourages such a development.
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