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personality granted to them by the Government. A number of Governments have
indicated that no religious faith has been denied legal personality or had it
withdrawn. However, the disbanding of a religious association may ensue when
authorities perceive it as being involved in activities which are not related
to religious beliefs. Several Governments have stated that they have no
legislation relating to religions or religious associations, nor any related
court rulings. Others only recognize "known" religions.
105. In its reply to the questionnaire, the Government of Portugal stated
that a religion or religious association has to request legal recognition
from the Ministry of Justice through a petition which must be signed by
at least 500 followers identified as residing in Portugal. In addition,
recognition requires that those wishing to constitute a religion indicate the
principles of its doctrine and its disciplinary norms, provide a description
of the religious rites, and disclose the identity and hierarchy of its leaders.
All confessions are said to enjoy tax exemption. The Government of Tunisia
stated that "religions gain acceptance on their own merits and compel respect
by their origin and the holy books which sanctify them". It also indicated
that the founders and leaders of a denomination must not have been convicted
of a crime or offence against public morals.
106. A number of countries provided details on the religious denominations
which have been recognized officially and information about the laws governing
different religious denominations, including the jurisdiction of the courts
belonging to the respective denominations in matters of religious laws
relating to personal, status such as marriage, divorce, alimony, maintenance,
guardianship, legitimization of minors, succession, legacies and the
administration of the property of absent persons.
107. Although the laws of a given country may oblige the State to take a
neutral stance on religious issues, certain denominations may in reality enjoy
beneficial treatment. This is most often the case when a denomination has had
a historically important position in a country. The priviliged status is
manifested primarily where religious communities acquire public law status and
the right to levy taxes, as can be seen from the response provided by the
Government of Switzerland. Where there is a separation between the church
and the State, as is the case in Germany, only religious communities that
are corporate bodies are entitled to levy taxes. However, the existence
of official churches with public law status and of private law religious
communities is not perceived by the countries in question as infringing
on the freedom of religious observance.
108. On the basis of the information he has received over the years, the
Special Rapporteur notes that persons belonging to churches or associations
considered as "unofficial" may face persecution in some countries. This has
reportedly been the case of Catholic priests in China who have expressed their
loyalty to the Holy See rather than to the Patriotic Catholic Association.
Priests are said to have been prosecuted in Viet Nam for organizing
unauthorized pilgrimages.
109. However, the treatment accorded to religious entities is mostly
based on their registration with the competent authorities. According to
a communication from the Government of Myanmar, all religious organizations