E/CN.4/2005/61
page 17
IV. GENERAL ISSUES OF FREEDOM OF RELIGION OR BELIEF
54.
During the period under review, the Special Rapporteur has received a great deal of
information concerning issues or questions of a more general nature that may not yet have given
rise to a violation of the right to freedom of religion or belief but that may potentially cause or
constitute such violations. This has mainly been the case of legislation or other forms of
regulation related to the question of freedom of religion. While in many cases it has been the
content itself of the norm that raised the question of compatibility with human rights law, the
difficulty has also often been in the application of that regulation.
A. Registration
55.
In many cases, religious communities have encountered difficulties related to the
procedure for registration, where such exists, of their community. That was the case in
communications sent to the Governments of Belarus, Eritrea, Kyrgyzstan, Mongolia, the
Republic of Moldova, Turkmenistan and Uzbekistan.
56.
The Special Rapporteur has noted in this regard, on the basis of information brought
before her, that registration appeared often to be used as a means to limit the right of freedom of
religion or belief of members of certain religious communities.
57.
In this regard, the Special Rapporteur would like to expressly refer to the “Guidelines for
Review of Legislation Pertaining to Religion or Belief”, prepared by the Organization for
Security and Cooperation in Europe/Office of Democratic Institutions and Human Rights
(OSCE/ODIHR) Advisory Panel of Experts on Freedom of Religion and Belief in consultation
with the Council of Europe’s Venice Commission in 2004.5 Since the panel has extensive
experience in compiling information about international norms and best practices based on
universal documents and standards, its guidelines are particularly relevant for the situations
analysed by the Special Rapporteur.
58.
Some main points to take into consideration with regard to registration are that:
− Registration should not be compulsory, i.e. it should not be a precondition for
practising one’s religion, but only for the acquisition of a legal personality and related
benefits;
− In the latter case, 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, the clergy, etc.;
− No religious group should be empowered to decide about the registration of another
religious group.