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belonging to other minorities, as well as contacts across frontiers with citizens of other States to
whom they are related by national or ethnic, religious or linguistic ties. However, the freedom to
communicate in matters of religion and belief at the national and international levels has been
jeopardized in some cases. In order to avoid any form of discrimination, the Special Rapporteur
considers that no mention of religion should be included on passports, on identity card
application forms or on any other administrative documents.
(j)
Establish and maintain charitable and humanitarian institutions/solicit and receive
funding
21. The Commission on Human Rights urged States to ensure that, in accordance with
appropriate national legislation and in conformity with international human rights law, the
freedom for all persons and members of groups to establish and maintain religious, charitable or
humanitarian institutions is fully respected and protected. However, on a domestic level, some
religious communities are not authorized to extend their religious activities into social, health or
educational matters. Moreover, their right to solicit and receive voluntary financial and other
contributions from individuals and institutions is sometimes restricted and the registration
procedure is used to prevent funding from abroad. The right to establish such institutions and to
receive funding is not unlimited, however, any limitations imposed must be prescribed by law
and must be necessary to protect public safety, order, health, or morals or the fundamental rights
and freedoms of others, e.g. in order to prevent that such institutions are misused for advancing
their cause through militant means and violence.
(k)
Conscientious objection
22. Many individuals have claimed the right to refuse to perform military service
(conscientious objection) on the basis that such right derives from their freedom of thought,
conscience and religion. The first mandate-holder, Mr. Angelo Vidal d’Almeida Ribeiro,
developed a set of criteria concerning cases of conscientious objection (E/CN.4/1992/52,
para. 185). Conscientious objectors should be exempted from combat but could be required to
perform comparable alternative service of various kinds, which should be compatible with their
reasons for conscientious objection, should such service exist in their country. To avoid
opportunism, it would be acceptable if this service were at least as onerous as military service,
but not so onerous as to constitute a punishment for the objector. They could also be asked to
perform alternative service useful to the public interest, which may be aimed at social
improvement, development or promotion of international peace and understanding.
Conscientious objectors should be given full information about their rights and responsibilities
and about the procedures to be followed when seeking recognition as conscientious objectors,
bearing in mind that application for the status of conscientious objector has to be made within a
specific time frame. The decision concerning their status should be made, when possible, by an
impartial tribunal set up for that purpose or a by a regular civilian court, with the application of
all the legal safeguards provided for in international human rights instruments. There should
always be a right to appeal to an independent, civilian judicial body. The decision-making body
should be entirely separate from the military authorities and the conscientious objector should be
granted a hearing, and be entitled to legal representation and to call relevant witnesses.