A/HRC/4/21/Add.2
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86.
To address these concerns as well as other related human rights, the Special Rapporteur
emphasizes that the existence of effective independent and impartial administrative and judicial
mechanisms is of crucial importance. While she is aware of the difficulties that Azerbaijan has
faced during this transition period, the Special Rapporteur strongly encourages the Government,
as well as the other actors in the society, to work towards the strengthening of institutions, which
are essential in the construction of a democratic society.
Acts of religious intolerance and other forms of persecution of religious minorities
87.
In a few cases, the control exercised by the authorities has unfortunately transformed in
real forms of persecution. The Government should rapidly take the appropriate measures so that
such incidents do not reoccur in the future. In this regard, the Special Rapporteur is particularly
concerned that, because of fear, some religious communities were reluctant to talk to her.
88.
Moreover, she was disappointed to note that the level of tolerance between religious
communities is sometimes significantly challenged. This challenge is, inter alia, the result of the
actions carried out by the relevant mechanisms and by the negative role played by some media in
stigmatizing certain religious communities. In this respect, the Special Rapporteur would like to
stress the responsibility of the media and draw attention to the relevant provisions of
international law that prohibit any form of incitement to religious hatred, such as article 20 of the
International Covenant on Civil and Political Rights.
Registration
89.
The Special Rapporteur considers that a certain margin of appreciation is left to the States
in the adoption of regulations related to the conditions of registration of religious associations.
The registration procedures however, have, to be followed impartially and objectively by the
authorities concerned and cannot be affected by personal and partial opinions. Moreover, they
should comply with the minimum safeguards that the Special Rapporteur has referred to in her
last report to the Commission on Human Rights (see E/CN.4/2005/61, paras. 55 to 58). In
particular, registration procedures should be facilitative and quick and not depend on extensive
formal requirements in terms of the number of members or the period of time since the group
was established. It should not depend on reviews of the substantive content of the belief, the
structure, or the clergy. Besides the different aspects of the registration procedure, the Special
Rapporteur insists 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 this regard, the Special Rapporteur often heard that obstacles faced by religious
communities in their exercise of the right to freedom of religion or belief, such as the right to
worship, were justified by their absence of registration.
Religious literature
90.
The control exercised by SCWRA on the content of religious literature, in particular that
which is imported from abroad, is very tight. The Special Rapporteur considers that the
authorities have not demonstrated that their meticulous scrutiny of religious books was necessary
to protect public safety, order, health, or morals and that they exercised this control in a
reasonable manner. On the contrary, certain instances of control may have constituted undue
limitations to the right to manifest one’s religion or belief.