A/HRC/13/40/Add.3
30.
The Minister for Religious Affairs indicated that his Ministry was cooperating with
the two communities, which are both registered. This approach seems noteworthy since
article 15 of the 2006 Law on Churches and Religious Communities recognizes the Islamic
community’s legal continuity which it had acquired in compliance with a 1930 Law on the
Islamic Religious Community of the Kingdom of Yugoslavia. According to members of
civil society organizations, the fact of having registered two Islamic communities shows
that the Ministry of Religious Affairs is not consistent in its registration practice with
regard to competing strands within a religion. The Special Rapporteur would like to remind
the authorities of their duty to remain neutral and impartial, which precludes any State
measures favouring a particular leader or specific strands of a divided religious community.
F.
Conclusions and recommendations
31.
The Special Rapporteur visited some multi-ethnic and multi-religious
municipalities in central Serbia and Vojvodina, where an atmosphere of religious
tolerance seems to flourish. In this regard, she would like to reiterate that interfaith
consultations at the local, national and particularly regional levels are important to
promote understanding, tolerance and respect between and among the various
communities. In addition, the rule of law and the functioning of democratic
institutions are prerequisites for the effectiveness of these strategies, which seek to
encourage real dialogue in an open and pluralistic environment. Several State
institutions can and should continue to play a pivotal role in healing wounds,
contributing to reconciliation and building respect for the principles of human rights,
including freedom of religion or belief. The issues of equality and non-discrimination
on the basis of religion or belief should be among the Government’s priorities.
32.
In this context, the Special Rapporteur would recommend a reform and proper
implementation of the current law on churches and religious communities in order to
restore the confidence amongst various communities. It seems vital that the Ministry
of Religion is more transparent in its decision-making and strictly abides by the duties
of neutrality and impartiality. As outlined in her report to the Commission on Human
Rights (E/CN.4/2005/61, para. 58), registration should not be a precondition for
practising one’s religion, but only for the acquisition of a legal personality and related
benefits. In the latter case, registration procedures should not be cumbersome and
remain uncomplicated so that the procedure itself does not become a stumbling block
for registration, for example with regard to the required number of signatures of
founders. Registration should not depend on reviews of the substantive content of the
belief, the structure or the clergy. In addition, no religious group should be
empowered to decide about the registration of another religious group.
33.
Concerning places of worship, the Special Rapporteur would like to refer to
General Assembly resolution 55/254, in which the Assembly calls upon States to exert
their utmost efforts to ensure that religious sites are fully respected and protected in
conformity with international standards and in accordance with their national
legislation. The Assembly also calls upon all States to adopt adequate measures aimed
at preventing all acts or threats of violence, destruction, damage or endangerment,
directed against religious sites.
34.
The Special Rapporteur noticed that the voices of those individuals who do not
profess any religion and those who are dissenters within their communities or
dispassionate about religions are being marginalized. These individuals are neither
realistically reflected in the latest census nor given an opportunity to institutionally
express their views in matters of religion or belief. A truly pluralistic society is the
backbone of a democratic system. Theistic, atheistic and non-theistic believers as well
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