E/CN.4/1992/52
page 157
(a)
Distinction between religion, religious sects and religious associations
in national legislation
95. The Governments which replied to the questionnaire addressed a wide
variety of matters in their response to this question. Countries generally
did not provide a clear definition of religion or of religious entities;
the question cannot therefore be answered conclusively. In practice, the
differences between religious entities seem to be manifested mainly in matters
concerning their recognition, legal personality and registration.
96. In its response to the questionnaire, the Government of Switzerland
stated that belief was "any relationship between man and the deity.
Religion is viewed in a broad sense. It includes the right to believe
in.-a,-god», to believe in more than one god s to believe in none s to-believe
in nature or in man in general." It also encompassed the freedom to express
and to disseminate one's religious beliefs and that criticism of the religious
opinions or beliefs of others must therefore be tolerated, provided the limits
of public order were respected.
97. The Government of the Ukrainian Soviet Socialist Republic defined
a religious community as "a local religious association of. believers of
one religion, denomination, sect or doctrine, who are over 18 years of age
and have willingly come together in order to jointly manifest their religion
or belief, worship and perform religious rites and ceremonies".
98. Only the Government of Guinea provided a definition of what constitutes
a religious sect: "A religious sect, as distinguished from a religious
association is a group of individuals initiated into a certain religious
practice and usually bound to each other by a secret act of solidarity."
However, in its answer the Government of Guinea also indicated that it
"does not encourage the existence of religious sects, which are often a source
of intolerance, fanaticism and practices prejudicial to the preservation of
man's life and physical integrity".
99. A number of States pointed out that secrecy of religious rites and
doctrine is not desirable. The Government of Yugoslavia stated in its answer
that "the term religious sect, which members of the largest, traditional
religious communities sometimes use in referring to smaller religious
communities only recently active in the country, is considered derogatory
or insulting".
100. The experience he has acquired over the years has led the Special
Rapporteur to conclude that the difference in the treatment accorded to
religious entities stems from their historical presence in a given country,
their origin and the type of activity they engage in. In a number of
countries, even recognized religions have encountered difficulties, including
censorship and intimidation, in exercising their activities. This has been
the case with respect to the social work carried out among the underprivileged
classes of society performed by members of churches whose followers constitute
a majority in several Central and Latin American countries.