E/CN.4/2004/63/Add.2
page 2
Summary
The Special Rapporteur on freedom of religion or belief is submitting this report to
the Commission on Human Rights following the visit he made to Romania from 7 to
13 September 2003 within the framework of his mandate, at his own request and at the invitation
of the Government of Romania.
During his visit and in this report, the Special Rapporteur has focused mainly on the
status and importance of the Romanian Orthodox Church, the situation of non-Orthodox
religious minorities and government policy in the area of freedom of religion or belief. The
Special Rapporteur also enquired into the question of the return of religious property confiscated
under the communist regime, particularly the return of Greek Catholic churches.
During his visit, the Special Rapporteur met with a number of representatives of the
Romanian Government, legislature and judiciary, as well as with representatives of most of the
religious minorities in Romania. He also had discussions with various non-governmental
organizations.
In his conclusions, the Special Rapporteur stresses that the principle of freedom of
religion or belief, as recognized by international law, is difficult to reconcile with the distinction
between recognized and non-recognized religions, and he recommends that the Romanian
Government should abolish this distinction. As regards the question of the return of property,
the Special Rapporteur believes that the Government cannot remain on the sidelines in the
dispute-settlement process and recommends that it should be proactive in situations where the
failure to return property may constitute a violation of freedom of religion or belief. The Special
Rapporteur is also concerned that certain religious communities have been intimidated for taking
legal steps to have property returned, and requests the Government to ensure prompt compliance
with court decisions on the return of religious property.