E/CN.4/1991/56 page 11 neither freedom of conscience and belief nor freedom of worship. Article 49, paragraph 2, of the Federal Constitution contains an absolute prohibition on compelling an individual to belong to a church (ATF 101 la 379), anyone who wishes to leave a church may do so at any time, without being subjected to an irksome or unduly protracted procedure (ATF 104 la 79). With regard to article 50 of the Federal Constitution, the Federal Tribunal, in hearing a case in which prison authorities scheduled religious service for members of official churches but did not do so for Muslim prisoners, said as follows: 'Recognition of one religious community as the official church may not be a criterion for the admissibility of a collective religious service. In so far as the decision to deny Muslim prisoners the celebration of their Friday prayer is based on the fact that the Islamic community does not enjoy public law status, it is seen to be incompatible with the freedom of worship guaranteed by article 50 of the Federal Constitution.' A popular initiative presented on 17 September 1976, requesting that the cantons should have their sovereignty in ecclesiastical matters withdrawn and that a federal constitutional rule should impose on them the complete separation of State and Church was rejected by a large majority of the people and by all the cantons." Tunisia "Neither legislation nor practice in Tunisia make distinctions between religions and sects in the respect and protection due to them. There is no text determining the legality or otherwise of religions. Religions gain acceptance on their own merits and compel respect by their origin and by the holy books which sanctify them. However, because of their very structure, religious associations are subject to the Associations Act of 7 November 1959 and amended by the Act of 2 August 1988. This Act sets out the conditions for the establishment and existence of associations and also concerns foreign associations set up or engaged in any activity in Tunisia. In order for it to be lawful, the association must not have an object or a purpose which is contrary to the law and public morals or which infringes public order or undermines national territorial integrity and the republican system. The founders and leaders must not have been convicted for a crime or offence against public morals (art. 2 of the Act). They are required to deposit at the head offices of the governorate (Regional Administration) or those of the delegation (Subregional Administration) in which the registered office of the association is located, a statement simply giving the name of the association, its object, its purpose and its head office, together with an administrative file.

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