A/HRC/10/8/Add.4 page 18 53. Religion is a complex issue and law-making in this area is equally sensitive. Legislation on religion must conform to international human rights standards. It should be directly related to the objectives it propounds to achieve, such as promoting religious tolerance or facilitating the transparent establishment of religious groups. Vague or excessive legislative provisions in the area of freedom of religion or belief are susceptible to create tensions and give rise to multiple problems rather than solving them. 54. Moreover, such provisions may be subject to arbitrary interpretation or abuse of discretion and discrimination by the law enforcement agencies and local administration. When raising with the authorities various allegations of abuse or harassment of religious communities, the Special Rapporteur noted that law enforcement officials mostly denied any responsibility and instead argued that their task was limited to the implementation of domestic law. As such, they justified their actions as legal even though certain provisions of the law had led to abusive practices. The Special Rapporteur would like to emphasize that the authorities also have to abide by human rights standards. Article 6 of the Constitution of Turkmenistan recognizes the precedence of generally recognized norms of international law. In addition, article 2 of the Religious Organizations Law underlines that if an international treaty to which Turkmenistan is a signatory party sets rules which are different from those contemplated in this law, the rules of the international treaty shall apply. 55. The role of the judiciary is vital for the application of any specific legislation on religious issues. Indeed, all laws have to be interpreted by an independent judiciary, which should guarantee protection and offer means of legal redress for individuals whose rights, including freedom of religion or belief, are violated. 56. The imposition of legal or policy restrictions by the authorities of Turkmenistan on registration, places of worship, religious material, religious education and proselytism do, in some instances, amount to undue limitations to freedom to manifest one’s religion or belief, but also to other rights enshrined in the International Covenant on Civil and Political Rights. In the case of restrictions on religious material, proselytism and religious education, there may be repercussions on freedom of expression. With regard to restrictions on places of worship, there may be adverse implications on freedom of association with others. The Special Rapporteur would like to emphasize that the burden of justifying any limitation on freedom of religion or belief lies with the State. Consequently, the authorities need to demonstrate that these tight restrictions are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others and that they exercised this control in a reasonable manner. 57. On registration, the Special Rapporteur wishes to reiterate that the right to freedom of religion or belief is not limited to members of registered communities. Registration should not be a precondition for practising one’s religion, although it is appropriate to require registration 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 length of time a particular religious group has existed. Furthermore, registration should not depend on the review of the substantive content of the belief, the structure of the faith group and methods of appointment of the clergy. Finally, no religious group should be empowered to decide on the registration of another religious group.