A/HRC/4/21/Add.2 page 16 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.

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