Freedom of religion or belief in the OSCE region : challenges to law and practice

Abstract

The report on the seminar which was divided into two simultaneous working sessions and dealt with recognition and registration of religious and belief communities as well as restrictions on their activities. OSCE documents neither encourage nor discourage participating States from imposing registration requirements on religious and belief communities. If a participating State chooses to impose local or national registration requirements, such requirements should not become a precondition for the enjoyment of the rights and freedoms set out in OSCE documents, including the 1989 Vienna concluding document and the 1990 Copenhagen concluding document. When certain additional rights and privileges are provided following local or national registration or re-registration, OSCE Participating States must ensure that the registration requirements are transparent, non-discriminatory, and serve a legitimate purpose as agreed in OSCE documents. In both working sessions the need for transparency was emphasized, for instance on how participating States are implementing their commitments and facing their challenges in law and practice. The possibility of a broad public dialogue on all levels of society was suggested. States should also consider inviting groups affected and interested to share their views on laws that are being prepared. The wish for more exchange of information, jurisprudence and best practices at national and international levels was repeatedly expressed. Finally, the work of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief was welcomed. The panel was encouraged to undertake further study, analysis and dissemination of information regarding the issues addressed during the seminar, for instance, by convening expert meetings, by using internet tools, reviewing draft legislation and encouraging discussion within Participating States.