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.

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