A/HRC/61/50/Add.1 compares very positively in relation to international norms. 33 The Office of the Chief Registrar of Societies reviews applications for their religious purpose and carries out a security check. 36. Freedom of religion or belief norms insist that registration should not be compulsory and it should not represent a precondition for practising one’s religion, but only be for the acquisition of 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 that a particular religious group has existed. Moreover, the registration should not depend on reviews of the substantive content of the belief, of the structure of the religious community or of its internal organizational structure.34 37. The Special Rapporteur notes that, along with a moratorium new registrations that has been in place since 2019, this introduces risks in terms of freedom of religion or belief obligations. The United States Department of State, in its report of 2023 on religious freedom in Zambia, 35 has also repeatedly raised concerns about the requirement for all religious organizations and faith-based organizations to be registered in the Register of Societies,36 and about preconditions, including being a part of a mother body. C. Public manifestation of religion or belief 38. When engaging interlocutors on the question of freedom of religion or belief – governmental, provincial or civil society organizations and community-based organizations – the response, without exception, was restricted to the freedom to worship and non-interference towards them. In the legal, political and public imagination, therefore, the scope of freedom of religion or belief is extremely narrow. The implications of this are threefold: blind spots regarding indirect discrimination on the basis of religion or belief, a lack of reasonable accommodation of manifestation of religion or belief, and an absence of consideration of positive obligations towards religious and belief communities. 39. International human rights law standards give detailed guidance on when limitations on manifestation of religion or belief are legitimate and when they are against international human rights law. Practices that violate the human rights and freedoms of others, that were regularly raised during the visit, related to witchcraft. The human rights and freedoms violated related to the rights of the elderly, of women and children, of persons with albinism, and others. 40. Article 19 of the Constitution of Zambia protects both the forum internum and forum externum elements of the freedom of religion or belief, including the right to change religion or belief, to propagate it, to receive religious education in line with people’s beliefs and to provide religious instruction, as well as the right not to take an oath contrary to one’s religion or belief. 41. According to the Government, there is no major difference between article 19 of the Constitution and article 18 of the International Covenant on Civil and Political Rights. However, the Special Rapporteur finds that article 19 of the Constitution diverges from the protection of article 18 of the Covenant in four main ways, which require careful consideration. 42. Firstly, no compulsion “to take any oath” contrary to or “in a manner which is contrary” to one’s religion or belief is upheld, but the significant “no coercion” clause in the International Covenant on Civil and Political Rights is not reflected in the Constitution. 43. Secondly, the Constitution specifies the right to provide religious instruction for community members and to establish and maintain institutions for this purpose. This is more 33 34 35 36 8 OSCE Office for Democratic Institutions and Human Rights, Guidelines on the Registration of Religious or Belief Communities, available from https://odihr.osce.org/odihr/139046. Provides an informative analysis of relevant international standards. E/CN.4/2005/61, paras. 56–58. See https://www.state.gov/reports/2023-report-on-international-religious-freedom/zambia/. See https://www.mohais.gov.zm/?page_id=1615. GE.26-02761

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