possibly attested to such experiences. Alternatively, one would expect that the
Complainants came across some authentic report documenting such experiences by
the Bahá’í. The very nature of the allegation they make about the administrative
practices presupposes that one has some evidence that is indicative of a practice that
is prevalent.
173. The Complainants have not offered any evidence symptomatic of the alleged
practice. Neither do they assert that it was impossible to obtain such evidence and
produce it to the Commission. Moreover, the Respondent State has had no opportunity
to respond with facts and evidence regarding these two new allegations. In the
circumstances, the Commission is unable to consider (for purpose of the claim of
discrimination) the alleged practice of requiring applicants for documents to produce
official documentation listing their parents as Bahá’í or indeed the alleged refusal to
facilitate the making of powers of attorney.
174. On the other hand, by contrast, the issue of refusal to document Bahá’í
marriages appears to be corroborated by the Respondent State. The Respondent State
affirms that issues of personal status are governed by personal law. It recognised three
personal laws based on the three recognised religions. It is clear that because the
Respondent State does not recognise Bahá’í as a religion, it does not also recognise
personal law based on the Bahá’í faith. Where personal law based on Christianity or
Judaism is not applicable, Islamic Sharia applies as a default legal regime. Moreover,
because it does not recognise Bahá’í as a religion, it cannot document or recognise
marriages that are contracted based on the Bahá’í faith. There does not appear to be
any neutral legal regime that governs personal matters such as contracting or
dissolution of marriages. Having been so corroborated, the allegation of refusal to
document marriages will be considered in respect of the claim of discrimination
together with the allegations advanced by the Complainant in their initial submissions
on the merits.
175. Further, among the initial basis for the complaint of discrimination is the fact
that the Respondent State refuses to permit Bahá’ís to indicate their religion in official
documents while it permits adherents of the recognised religions to do so. The
Complainants contend that this is differential treatment and amounts to
discrimination. This can be disposed of briefly. Article 2 of the Charter guarantees the
enjoyment of the rights and freedoms under the Charter without discrimination. The
indication of one’s religion on official documents does not constitute exercise of any
right or freedom under the Charter, including in particular the practice of religion. The
official documents still serve their purposes when religion is not indicated on them.
The insistence on official documents bearing “Bahá’í” appears to be for the political
purpose of securing recognition by the State, an obligation the Respondent State has
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