E/CN.4/1991/56
page 23
Such minority communities, Jewish or Christian, benefit from the
necessary de jure and de facto protection.
Article 48-2 of the Press Code, promulgated under Act No. 75-32 of
28 April 1975, stipulates imprisonment for three months to two years and a
fine as the penalty for an insult (in the press or by any other intentional
method of dissemination) against an authorized religion.
Article 53 of the Code adds that defamation by the same means of a group
of persons belonging by origin to a particular race or religion is punishable
by imprisonment for one month to one year in addition to a fine, if the aim is
to incite hatred amongst citizens or inhabitants.
These provisions are not
early as 1913, the Penal Code
addition to a fine for anyone
buildings, memorials, emblems
the first to ensure protection of worship. As
(still in force) stipulated imprisonment in
who destroys, demolishes, defaces or defiles
or objects used for religious worship (art. 161).
The same penalties apply to anyone who defaces or destroys books or
manuscripts kept in religious buildings (art. 163).
This relates to protection of religious places and property, and the law
does not overlook the elimination of obstacles to the practice of a religion.
For example, disturbing or hindering the practice of religious worship or
performance of religious ceremonies is punishable by six months' imprisonment
and a fine, without prejudice to heavier penalties incurred for insults,
assault or threats (art. 165).
Again, the Tunisian Penal Code does not fail to safeguard freedom to
practise or not to practise religious worship; article 166 stipulates a
penalty of three months' imprisonment for anyone who, without legal authority,
uses violence or threats to force anyone to engage or not to engage in
religious worship.
This attitude is even reflected in civil procedures for the enforcement
of sentences and for serving notices. For instance, article 292 of the
Tunisian Code of Civil and Commercial Procedure prohibits any act of
enforcement of a judgement on religious holidays or in religious ceremonies,
either for Muslims, or for Jews or Christians."
Uruguay
"The rights of citizens forming a minority religious group are fully
guaranteed in Uruguay, in addition to the religious belief concerned.
Citizens enjoy the right to free association (art. 39 of the Constitution),
the right to peaceful, unarmed assembly (art. 38 of the Constitution), the
right to free expression of thought (art. 29 of the Constitution), the right
to ownership (art. 29 of the Constitution), and all other rights inherent in
the individual or stemming from the republic form of government (art. 72 of
the Constitution)."
Yugoslavia
The Government of Yugoslavia provides the same reply to questions (a),
(b) and (c).