E/CN.4/2004/63/Add.2
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42.
However, although the Romanian authorities had been considering adopting a new law
since 1990, it was only in September 1999 that a bill agreed upon by the Government was
submitted to Parliament. Then, in February 2000 the Government withdrew the bill because of
the flood of criticisms levelled at it by religious minorities, non-governmental organizations and
the international community.
43.
According to some observers, the September 1999 version of the bill was unacceptable
mainly because it attached disproportionate importance and gave overly dominant status to the
Orthodox Church and established excessively close links between the Church and the State. The
bill also laid down conditions for recognition of a religion that would have been difficult to meet,
such as the requirement that it should represent at least 0.5 per cent of the population, as well as
unacceptable conditions for the registration of religious associations.
44.
A revised bill should be submitted for comments to the religions recognized in Romania
and to some international organizations. The Special Rapporteur also learned about some
alternative draft bills prepared by non-governmental organizations, such as the one prepared by
the Association for the Defence of Human Rights in Romania - the Helsinki Committee.
IV. THE ORTHODOX CHURCH
45.
The Orthodox Church has a great influence on various aspects of society in Romania. It
owes this influence not only to the high percentage of Romanians who describe themselves as
members of it but also to the high proportion of these members who regularly practise their
religion. In this connection, the church authorities drew attention to the growing number of
young people who go to church. Moreover, Orthodox priests have sufficient status to be able to
influence the policy of local authorities.
46.
The Orthodox Church, several of whose members told the Special Rapporteur that it
should be officially made “a State religion” or “a religion of the State”, sees its role as being to
protect the morals of Romanian society, a task it does not believe the State can accomplish. It is
therefore calling on the State to show a spirit of cooperation and mutual respect in which each
partner performs its own role. Orthodox officials explained to the Special Rapporteur that there
would never be a complete separation of Church and State, but they did not see this as a danger.
47.
In contrast, other observers who spoke to the Special Rapporteur stressed the perverse
nature of the cooperation between the State and the Church, given their common interests. These
observers believe that the Orthodox Church influences government policy in areas which go well
beyond purely religious matters and that the authorities in turn use their assistance to the Church
for their own ends.
48.
Regarding the Orthodox Church’s relations with religious minorities, the Special
Rapporteur was told that the Church saw other religious movements as competitors, in the belief
that Romania should be populated by Romanians and that Romanians must belong to the
Orthodox Church. In this light, religious minorities are often considered to represent foreign
interests. Thus, some representatives of the Orthodox Church explained that the Church had
been right to oppose recognition of Jehovah’s Witnesses. Serious doubts were also expressed
about