A/HRC/19/60/Add.2
managed to achieve registration status, repeatedly complained about the procedure being
cumbersome, time-consuming, overly bureaucratic and rigid. Reportedly, they often did not
understand the reasons for the refusal of their applications. Non-registered religious
communities lack legal personality, and therefore cannot take collective legal action. The
Ministry of Justice clarified that they can nonetheless practice their religion freely, and that
activities of such groups are not deemed illegal. Representatives of the Muslim community,
however, stated that persons attending worship had been subjected to identity checks by the
authorities. This practice reportedly stopped in March 2011 after one Muslim organization
was officially recognized.
56.
In the past, cases of administrative sanctions applied to individuals belonging to
unregistered religious organisations or to non-citizens carrying out religious activities in
public places for not providing advance notification to municipalities, under article 54(4) of
the Contravention Code had been reported and relayed by international human rights
mechanisms.15 The Special Rapporteur was told, however, that there had been
improvements in this area. In this context, he supports the call of the Committee on the
Elimination of Racial Discrimination to the Government of the Republic of Moldova to
respect the right of members of registered and non-registered religions to freely exercise
their freedom of religion, review existing registration regulations and practices in order to
ensure the right of all persons to manifest their religion or belief, alone or in community
with others and in public or in private, regardless of registration status. 16
57.
In addition, the Special Rapporteur notes the existence in both article 54(4) of the
Contravention Code and in the 2007 Law on Religious Denominations of provisions that
are explicitly discriminatory against non-citizens. For example, the current law requires 100
signatures by citizens of the Republic of Moldova to establish a religious organization.17
58.
The Ministry of Justice declared its readiness to revise the law and initiated a
consultation process with religious and belief communities and civil society, by which the
Government sets a good example of transparency and participation.18 In this context, the
Special Rapporteur reiterates that registration procedures for religious or belief
communities should be quick, transparent and non-discriminatory, and not impose an undue
burden on groups who wish to achieve registration status. It is important to make clear in
the law that freedom of religion or belief, following from its nature as a universal human
right, covers a broad range of religions and beliefs. Indeed, it includes theistic, non-theistic
and atheistic convictions, as well as the possibility of not professing any religion or belief.19
The Special Rapporteur also reiterates his view that no religious community should be
allowed to exercise a “veto” or otherwise influence the decision to register or not to register
another religious or belief group. All registration decisions must be based on formal
elements of law and in full conformity with international law. Consequently, any formal or
informal approach that allows only one registered community of a particular faith should be
removed.
59.
In the Transnistrian region of the Republic of Moldova, new rules issued in 2009
oblige all religious communities to re-register in order to retain or obtain legal status. For a
period of 10 years after registration, which a high-ranking representative of the
15
16
17
18
19
16
See in particular CERD/C/MDA/CO/8-9 and CCPR/C/MDA/CO/2.
CERD/C/MDA/CO/8-9.
See Committee on the Elimination of Racial Discrimination, general recommendation No. 30.
See footnote 5. The Special Rapporteur was also informed that, to facilitate the registration procedure,
the Ministry of Justice has elaborated a set of sample documents, available on the website
www.justice.gov.md.
See Human Rights Committee, General Comment No. 22 (1993).