E/CN.4/1995/78 page 23 102. With regard to the activities of associations engaging in racist activities, the legislature has provided for the possibility of disbanding such groups by virtue of Act No. 72-545 of 19 July 1972. The President of the Republic may also, by decree issued in the Council of Ministers, decide on the disbandment of associations or groups guilty of incitement to racial or ethnic discrimination, hatred or violence. 103. With regard to control of immigration and reception and residence of foreigners in France, the Special Rapporteur fears that some provisions of the Act of 24 August 1993 may militate against the right of family reunion. In his view, the fact that the competent administrative authority pronounces for or against family reunion following a procedure that involves consulting the mayor of the foreigner’s place of residence about the family’s resources and housing may lead to arbitrary decisions. F. Federal Republic of Yugoslavia 104. The Constitution of the Federal Republic of Yugoslavia guarantees the equality of people and citizens irrespective of their national origin, race, sex, language, religious, political or other belief, education, social origin, financial standing and personal property. The Constitution and laws of the federal units, Serbia and Montenegro, provide the same guarantees. The problem of racial discrimination and racism in their classic forms does not exist in Yugoslavia, so that there is no need for the country to adopt separate programmes to combat racial discrimination and racism. 105. However, as a multinational community, the question of a harmonious coexistence of members of various nations, national minorities and ethnic groups is one of the major factors of the existence and development of the Federal Republic of Yugoslavia. Different nationalities, ethnic communities and languages, as well as different religions and cultures, have always provided richness to a community, but have also presented a difficulty in ensuring the harmony necessary for the existence of a community as a whole. 106. As in other States in which various national groups live, Yugoslavia also has problems deriving from its population structure: they include incitement to national and religious hatred and intolerance, various forms of discrimination and intolerance and the violation of equality on national grounds and the derision of peoples and national minorities. 107. In its federal criminal legislation, the Federal Republic of Yugoslavia has criminalized the following criminal acts: incitement to national, racial and religious hatred, cleavage or intolerance (article 134 of the Criminal Code); criminal act of genocide (article 141 of the Criminal Code); destruction of cultural and historical monuments (article 151 of the Criminal Code); incitement to racial and other discrimination (article 154 of the Criminal Code); violation of equality in employment (article 162 of the Criminal Code); violation of the equality of citizens (article 186), etc. 108. Incitement to, or fanning of, national, racial or religious hatred, cleavage or intolerance among peoples and national minorities living in Yugoslavia is punishable with one to five years in prison. The commission of this criminal act by the use of coercion, ill-treatment, endangering of

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