E/CN.4/2004/63/Add.2 page 10 which subjects them to discriminatory or degrading treatment in comparison with other persons, groups of persons or communities shall be punishable by a fine, if not by punishment under criminal law.” 37. These different forms of discrimination can be committed by natural or legal, public or private persons, and the alleged victims of such discrimination can take their case to the judicial authorities without having to pay stamp duty. 38. Under Ordinance No. 1194/2001, the Government set up the National Council against Discrimination, which has been in operation since August 2002 and which is responsible for, among other things: Preparing proposals on special, legislative or other actions or measures intended to protect disadvantaged individuals and groups; Cooperating with the competent authorities with a view to bringing domestic legislation into line with international standards on non-discrimination; Monitoring the implementation of the rules on the prevention, punishment and elimination of all forms of discrimination and compliance with them by the authorities and by legal and natural persons; Applying the fines provided for in Ordinance No. 137/2000; Cooperating with similar bodies and with human rights non-governmental organizations; and Receiving complaints on violations of the rules concerning the principle of equality and non-discrimination. 39. Under its complaints mechanism, the National Council against Discrimination may impose administrative sanctions directly, but gives priority to mediation. 40. With regard to discrimination based on religion, members of the Council told the Special Rapporteur of the problems they had maintaining contact with religious minorities, whom they found quite secretive. For example, they had received no replies to questionnaires they had sent to several religious minorities. In 2003, of the 323 complaints received by the Council, 5 were directly related to discrimination based on religious affiliation and 8 to discrimination based on belief. So far, the Council has taken a decision on seven of these complaints. E. Bill on the general rules governing religions and the exercise of religious freedom 41. The idea of drafting a new law on the general rules governing religions and the exercise of religious freedom has been on the table since the fall of the communist regime. Some insist that a new law is needed because without one the legislation from 1948 is theoretically still in force even though some of its provisions are clearly unconstitutional. Others have supported the idea of a special law because there is so much arbitrariness in this area.

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