A/HRC/13/40/Add.4
provinces they insist on registration at the provincial level, too. The Special Rapporteur was
informed that provincial authorities by themselves cannot register religious communities
unless cleared by the central Government, which creates additional bureaucratic hurdles.
33.
While it may be appropriate to require registration for the acquisition of a legal
personality and similar benefits, the Special Rapporteur would like to reiterate that
registration must not be a mandatory precondition for practicing one’s religion.12 Any
registration procedures should be easy and quick, and not depend on extensive formal
requirements in terms of the number of members or the time a particular religious group has
existed. Registration should not depend on reviews of the substantive content of the belief,
the structure of the faith group and methods of appointment of the clergy. It is imperative
that no religious group be empowered to decide about the registration of another religious
group. Similarly, the State has a duty to remain neutral and impartial in its relations with
the various religions and beliefs, which also implies that the authorities must not force
distinct denominations to register under one joint heading, unless the different groups freely
wish to do so themselves. In addition, provisions that are vague or that grant excessive
governmental discretion in giving registration approvals should not be allowed.
Registration procedures must be applied in a non-discriminatory manner.
3.
Extensive oversight and broad powers given to the Lao Front for National
Construction and other Government entities
34.
Furthermore, the Special Rapporteur is concerned about the extensive oversight and
“management” of religious activities in the Lao People’s Democratic Republic, especially
in light of the broad powers given to Government entities by the relevant legislation.
Certain activities can only be conducted with the approval or permission of various
authorities, for example with regard to the dissemination of religious teaching to other
believers (article 12 of the Decree); the printing of books related to religion or documents
for dissemination (article 14 of the Decree); the building of new pagodas or churches
(article 16 of the Decree); communication of believers of each religion with foreign
organizations, religious agencies (article 17 of the Decree); the participation of religious
leaders or individual believers in friendship visits and religious festivals abroad (article 18
of the Decree); the invitation of foreign religious representatives for such meetings in the
Lao People’s Democratic Republic (article 19 of the Decree); and any assistance from
foreign religious agencies, believers or from international organizations (article 20 of the
Decree).
35.
The domestic legislation often requires approval from different administrative
authorities which makes the bureaucratic procedures cumbersome and time-consuming for
the religious communities. According to article 21 of the Decree, the Central Committee of
the Lao Front for National Construction has the duty to implement the Decree, which may
imply its involvement either at the district, provincial or national levels. Furthermore,
several provisions of the Decree require approval from additional authorities, for example
the head of the village, the head of the district, the governor, the head of a special zone, the
Ministry of Education, the Ministry of Propaganda and Culture, or the Prime Minister.
36.
The Special Rapporteur is concerned about the broad scope of the oversight powers
given to the Lao Front for National Construction. Its Central Committee, for example, is
tasked by article 10 of the Decree to promote theology and give instructions to
administrative authorities of each level with regard to the activities of religious
communities in order to ensure that their activities are in conformity with their own
12
12
E/CN.4/2005/61, para. 58.
GE.10-10542