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Excerpts of relevant paragraphs of 20 years mandate reporting practice (1986-2006)

E/CN.4/2005/61, paras . 56-58 :

"56. The Special Rapporteur has noted in this regard, on the basis of information brought before her, that registration appeared often to be used as a means to limit the right of freedom of religion or belief of members of certain religious communities.

57. In this regard, the Special Rapporteur would like to expressly refer to the "Guidelines for Review of Legislation Pertaining to Religion or Belief", prepared by the Organization for Security and Cooperation in Europe/Office of Democratic Institutions and Human Rights (OSCE/ODIHR) Advisory Panel of Experts on Freedom of Religion and Belief in consultation with the Council of Europe's Venice Commission in 2004. ["Guidelines for Review of Legislation Pertaining to Religion or Belief" prepared by the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief in consultation with the Council of Europe's Commission for Democracy Through Law (Venice Commission), adopted by the Venice Commission at its fifty-ninth plenary session (Venice, 18-19 June 2004) (see www.osce.org/documents/odihr ).] Since the panel has extensive experience in compiling information about international norms and best practices based on universal documents and standards, its guidelines are particularly relevant for the situations analysed by the Special Rapporteur.

58. Some main points to take into consideration with regard to registration are that:

- Registration should not be compulsory, i.e. it should not be a precondition for practising one's religion, but only 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 time a particular religious group has existed;

- Registration should not depend on reviews of the substantive content of the belief, the structure, the clergy, etc .;

- No religious group should be empowered to decide about the registration of another religious group. "

E/CN.4/2006/5/Add.1, paras . 51-52 and 445-446 (communications report) :

"Observations [concerning the response from the Government of Belarus]

51. The Special Rapporteur is grateful for the Government's response and draws its attention to Resolution 2005/40 of the Commission on Human Rights, in which the Commission urged States, "[t]o review, whenever relevant, existing registration practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or in private" (Paragraph 4(c)). In this regard, the Special Rapporteur wishes to emphasize that the right to freedom of religion is not limited to members of registered religious communities. As she noted in her previous report to the Commission on Human Rights, referring to the OSCE/ODIHR Guidelines for Review of Legislation pertaining to Religion or Belief, "registration should not be compulsory, i.e. it should not be a precondition for practicing one's religion, but only for the acquisition of a legal personality and related benefits" (E/CN.4/2005/61, para . 58).

52. Moreover, the Special Rapporteur takes this opportunity to remind the Government of the views of the Human Rights Committee of 23 August 2005 on communication No. 1207/2003 ( Malakhovsky and Pikul v. Belarus, CCPR/C/84/D/1207/2003) in which the Committee found a violation of Article 18 of the International Covenant on Civil and Political R ights , following the refusal to register Minsk Vaishnava community as a religious association. In its decision the Human Rights Committee made a distinction between the requirement for suitable premises for the purpose of carrying out religious rituals on the one hand and as a precondition for registration on the other hand (paragraphs 7.5 and 7.6). The Committee noted "that the State party has not advanced any argument as to why it is necessary for the purposes of article 18, paragraph 3 [ICCPR], for a religious association, in order to be registered, to have an approved legal address which not only meets the standards required for the administrative seat of the association but also those necessary for premises used for purposes of religious ceremonies, rituals, and other group undertakings. Appropriate premises for such use could be obtained subsequent to registration. [...] Also taking into account the consequences of refusal of registration, namely the impossibility of carrying out such activities as establishing educational institutions and inviting foreign religious dignitaries to visit the country, the Committee concludes that the refusal to register amounts to a limitation of the authors' right to manifest their religion under article 18, paragraph 1 that is disproportionate and so does not meet the requirements of article 18, paragraph 3. The authors' rights under article 18, paragraph 1 have therefore been violated". [...]

Observations [concerning the response from the Government of Uzbekistan]

445. The Special Rapporteur is grateful for the Government's response. She would like to point to the Concluding Observations of the Human Rights Committee, dated 26 April 2005, (CCPR/CO/83/UZB), paragraph 22: "The Committee notes that the provisions of the Freedom of Conscience and Religious Organizations Act require religious organizations and associations to be registered in order to be able to manifest their religion or belief. It is concerned about de facto limitations on the right to freedom of religion or belief, including the fact that proselytizing constitutes a criminal offence under the Criminal Code. The Committee is also concerned about the use of criminal law to penalize the apparently peaceful exercise of religious freedom and the fact that a large number of individuals have been charged, detained and sentenced and that, while a majority of them were subsequently released, several hundred remain in prison." The Special Rapporteur joins the Human Rights Committee in its recommendation that it should ensure that its legislation and practice are in full conformity with article 18 of the International Covenant on Civil and Political Rights.

446. Moreover, the Special Rapporteur wishes to emphasize that the right to freedom of religion is not limited to members of registered religious communities. As she reminded in her previous report to the Commission on human rights, referring to the OSCE/ODIHR Guidelines for Review of Legislation pertaining to Religion or Belief, "registration should not be compulsory, i.e. it should not be a precondition for practicing one's religion, but only for the acquisition of a legal personality and related benefits" (E/CN.4/2005/61, para . 58)."

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