E/CN.4/1987/35
page 16
50. In many instances, manifestations of religion or belief are punished. In
one country, it is unlawful to pray, either in private or in public. In
others, sanctions are applied to the faithful who take part in prayers or
worship in public. At times, public worship is prevented in effect, by
demolishing, closing or converting to other uses places of worship and
religious meetings. For instance, in one country, all places of worship have
been closed down. Sometimes there is State control in respect of the creation
of new parishes: in one case, the permission of the State is required for
ordained priests to carry out their ministry. Restrictions on the exercise of
freedom of religion and belief may take other forms: thus, one country limits
the exercise of freedom of worship during the week, and forbids religious
meetings outside the places officially recognized as places of worship;
another has banned the holding of religious meetings in specific regions for a
certain period of time. Elsewhere, public worship is forbidden to communities
that are not officially registered, and religious meetings in which children
and young people participate require official permission. Restrictions on
worship may also take the form of vexations and persecution of various kinds,
ranging from the execution and imprisonment of the faithful to the harassment
of participants in pilgrimages or other religious meetings. The restrictions
may also relate to one or more specific aspects of worship. This is the case,
particularly, in a number of countries, with objectors who refuse, out of
religious belief, to wear uniform or to perform military duties and are
punished for this reason; the same also applies to the ban on specific
religious tribal practices in certain countries.
51. The freedom to establish and maintain appropriate charitable or
humanitarian institutions (art. 6 (b)) is brought into question when a
religion or sect is banned by law, as is regrettably the case with various
denominations in several countries. Further, this freedom is at times
expressly restricted or denied. In one country where a religious community
has been declared unlawful, a decree forbids the members of this denomination
to engage in any community activity. In another country where the
registration of religions and sects with the official authorities is a
prerequisite for the legal exercise of religious observances, this
registration amounts in practice to relinquishing the freedom to establish
charitable or humanitarian institutions. In yet another country, a decree
issued by the Ministry of Justice officially declared a religious commission
which sought social progress to be unlawful and transferred its property to
the State.
52. The freedom to make, acquire and use to an adequate extent the necessary
articles and materials related to the rites and customs of a religion or
belief (art. 6 (c)) is also restricted in practice. Thus, in one country, the
law forbids the possession of liturgical objects. In another, persons were
arrested, in the past, merely because photographs of a spiritual leader had
been found in their homes or for the possession of holy writings and images.
Members of a particular religious community which was persecuted in one
country have been imprisoned for displaying their article of faith on
buildings, banners or insignia. Elsewhere the efforts of the faithful to
import the holy writ of their religion have been punished by ill-treatment and
imprisonment. In another country, several cases of restriction of this
freedom have been reported, such as the arrest of several members of a
religious community, for having secretly used a press to print holy images and
calendars; the fact that the use of certain liturgical objects has been