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. 9

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