A/HRC/13/40/Add.3
Summary
The present report contains the findings and recommendations of the Special
Rapporteur on freedom of religion or belief on her mission from 30 April to 8 May 2009 to
the Republic of Serbia, including a visit to Kosovo.1 Given the painful history of the whole
Balkans region and the deep suffering of individuals and communities caused by violence,
atrocities and wars, the Special Rapporteur notices that the scars of these conflicts remain,
even though all communities yearn for sustainable peace and reconciliation. She notes that,
regrettably, racism as well as religious issues contributed to the recent conflicts. The
Special Rapporteur underlines that interfaith consultations at the grass-roots, national and
regional levels are vital 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.
The first part of the present report focuses on the status of freedom of religion or
belief in central Serbia and Vojvodina. The Special Rapporteur gives an overview of
pertinent international human rights standards, the domestic legal framework on freedom of
religion or belief and the religious demography. With regard to issues of concern in central
Serbia and Vojvodina, the Special Rapporteur highlights discrimination against minority
religious or belief communities; violent attacks against places of worship; intra-religious
tensions; and the implementation of the 2006 Law on Churches and Religious
Communities. The Special Rapporteur recommends reform of this law, which has been
criticized for its discriminatory effects, especially with regard to religious communities not
considered “traditional”. Furthermore, the Ministry of Religious Affairs should be more
transparent and streamline the registration process in order to ensure equal access and
treatment in the application procedure for all religious communities wishing to register. The
Special Rapporteur also reminds the authorities of their duty to remain neutral and
impartial, which precludes any State measures favouring a particular leader or specific
organs of a divided religious community. All places of worship need to be fully respected
and protected and the State should take adequate measures to prevent all acts or threats of
violence.
In the second part of the report, the Special Rapporteur focuses on the status of
freedom of religion or belief in Kosovo. In terms of issues of concern for her mandate, the
Special Rapporteur highlights incidents of violence and incitement to racial or religious
hatred, the controversy about the issue of wearing religious symbols in educational
institutions, and intra-religious and inter-religious tensions. The Special Rapporteur
concludes that the reconstruction of cultural and religious heritage sites damaged or
destroyed during the violence of March 2004 remains of utmost importance. She
recommends that the relevant authorities take swift action and devise creative measures to
counter coercion and violence in the name of religion. She also reminded religious leaders
of their responsibility to play a constructive role so that freedom of religion or belief can be
enhanced in a democratic, non-discriminatory and depoliticized manner. Lastly, the whole
international community should send a clear message that violence and incitement to racial
or religious hatred will not be tolerated.
1
2
All reference to “Kosovo”, whether to the territory, institutions or population, should be understood in
full compliance with Security Council resolution 1244 (1999) and without prejudice to the status of
Kosovo.