A/HRC/13/40/Add.3 administration while establishing and overseeing the development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo”. UNMIK regulation no. 2001/9 provides that communities and their members shall have the right to preserve sites of religious, historical or cultural importance to the community, in cooperation with relevant public authorities and to operate religious institutions. 44. The 2004 Anti-Discrimination Law, promulgated by UNMIK regulation no. 2004/32, is designed to prevent and combat discrimination, including those based on religion or belief, to promote effective equality and to apply the principle of equal treatment. Its article 6 provides that all persons exercising a public function shall ensure that those parties to whom they award a public contract, loan, grant or other benefit, will sign a document which states that they will act in compliance with the 2004 AntiDiscrimination Law and will respect and promote a non-discrimination policy when carrying out their obligations related to such a public contract, loan, grant or other benefit. 45. UNMIK, by its regulation no. 2006/48, promulgated effective the Law on Freedom of Religion in Kosovo, adopted by the Assembly of Kosovo on 13 July 2006. However, UNMIK also revised article 5, paragraph 4, of the law to read as follows: “All religions and their communities in Kosovo including the Islamic Community of Kosovo, the Serbian Orthodox Church, the Roman Catholic Church, the Jewish Religious community and the Evangelical Church shall be afforded every protection and enjoyment of the rights and freedoms provided by this law.” While this change should have been reflected in the final official text, the Special Rapporteur was informed that the full text of the 2006 Law on Freedom of Religion in Kosovo, as available online at the website of the Assembly of Kosovo, still reflects the initial version of article 5, paragraph 4.20 46. Article 1, paragraph 2, of the 2006 Law on Freedom of Religion in Kosovo enumerates the various components of the right to freedom of religion or belief, as also stipulated in article 6 (a) to (i) of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to article 4 of the 2006 Law on Freedom of Religion in Kosovo, the right to manifest one’s religion or belief may not be abused by inciting, provoking or stimulating religious or racial intolerance or hatred, by impairing the right to life, the right to physical or mental health, the rights to children or the right to respect for private and family integrity. Its article 5 affirms that there shall be no official religion and that religious communities shall be separated from public authorities. The formation of a religious association which, by name or statute, purports to be officially linked to or recognized by a specific religious community is prohibited by article 6 without the consent of the said community. Religious communities are free in the determination of their religious identity and they shall independently regulate and administer their internal organization. 47. Following the declaration of independence21 by the Kosovo authorities in February 2008, the Assembly of Kosovo passed a constitution for Kosovo on 9 April 2008, which 20 21 14 “Religious communities in Kosovo enjoy all the rights with this Law.” (see page 3 of www.assemblykosova.org/common/docs/ligjet/2006_02-L31_en.pdf); however, the website also includes a remark that this Law is applicable together with UNMIK regulation no. 2006/48 of 24 August 2006 (www.assembly-kosova.org/?cid=2,191,197). On 8 October 2008, the General Assembly adopted resolution 63/3 in which it requested the International Court of Justice to render an advisory opinion on the following question: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”. The advisory proceeding before the International Court of Justice was still ongoing at the time of writing the present report