A/HRC/13/40/Add.3
70.
The Special Rapporteur would also like to refer to the concluding observations
of the Human Rights Committee (CCPR/C/UNK/CO/1, paras. 20-21), which was
concerned about the widespread discrimination against minorities in Kosovo and
noted that members of minority communities have only limited access to the conduct
of public affairs. Further efforts should be made to increase the representation of
minority communities, including members of religious minorities, in the judiciary and
to improve their access to public service.
71.
The Kosovo authorities should exert their utmost efforts to ensure that
religious sites are fully respected and protected and to take additional measures in
cases where they are vulnerable to desecration and destruction. The Kosovo
authorities should also aim to foster a culture of tolerance and respect for the diversity
of religions and for religious sites, which represent an important aspect of the
collective heritage of humankind. In general, further efforts should be made by all
actors to improve the communication between the Kosovo authorities and the Serbian
Orthodox Church.
3.
Recommendations for the consideration of religious communities and their leaders
72.
One of the tools for promoting religious tolerance is a meaningful interreligious and intra-religious dialogue, particularly in order to address contentious
issues that religious leaders can resolve amicably through negotiations rather than
confrontation. The Special Rapporteur would urge a more cooperative attitude in this
regard, especially from the leader of the Serbian Orthodox Church in Kosovo. At this
critical moment, religious leaders have a responsibility to play a constructive role so
that freedom of religion or belief can be enhanced in a democratic, nondiscriminatory and depoliticized manner. The religious leaders’ public positions have
a direct impact on their communities and can have either positive or detrimental
effects on religious harmony.
73.
Ultimately, dialogue at the grass-roots levels as well as joint meetings or artistic
events that bring together from different religious backgrounds may help in building
bridges between the communities and seeking reconciliation. In this regard, the
General Assembly emphasizes in its resolution 63/181 the importance of a continued
and strengthened dialogue among and within religions or beliefs, at all levels and with
broader participation, including of women, to promote greater tolerance, respect and
mutual understanding. The Assembly also stresses the need to address the rise of
religious extremism that affects the rights of individuals, as well as the misuse of
religion or belief for ends inconsistent with the Charter of the United Nations and
other relevant instruments.
4.
Recommendations for the consideration of the international community
74.
It is vital to send a clear message that violence and incitement to racial or
religious hatred will not be tolerated. The Special Rapporteur would like to reiterate
the Human Rights Committee’s concern (CCPR/C/UNK/CO/1, para. 12) about the
continuing impunity enjoyed by some perpetrators of war crimes and crimes against
humanity committed prior to the UNMIK mandate and about ethnically motivated
crimes perpetrated since June 1999, including those committed in March 2004, as well
as the failure to effectively investigate many of these crimes and bring perpetrators to
justice.
75.
One of the lessons learned from the violent conflicts in the past decade is to
remain vigilant in detecting any emerging religious tensions and to try defusing them
before they suddenly deteriorate and turn violent. In this regard, the Human Rights
Council, the system of special procedures and the treaty bodies have an important
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