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were taking the necessary measures in relation to all manifestations of
intolerance. With regard to the Jehovah's Witnesses, the authorities recalled
that they were recognized by law and their activities protected against any
act violating human rights. The Government's Department of Religious Affairs
in fact adopted, on 30 April 1997, “an order addressed to all local public
authorities, that recognized their full entitlement to have or build their own
administrative buildings or places of worship”.
86.
The Special Rapporteur particularly wishes to thank the Romanian
authorities for their very detailed replies, especially the second reply,
which included a first part entitled “Implementation of the 1981 Declaration”
referring to the “Constitution of Romania” and the “internal regulatory
framework governing the question of religion”; a second part entitled “The
contribution of education to more effective promotion of religious tolerance”;
and a third part entitled “Allegations of intolerance by the Orthodox clergy
towards religious minorities: Greek Catholics and Jehovah's Witnesses”.
87.
Singapore stated that the Jehovah's Witnesses were banned because
of their refusal to perform military service, as required by national
legislation. Consequently, the organization of meetings and distribution of
literature by Jehovah's Witnesses were prohibited and punishable by fines, or
even imprisonment if they refused to pay the fines. Mrs. Sylvia Lim, aged 72,
had been sentenced to two weeks' imprisonment for having refused to pay such
a fine. It was pointed out that the Jehovah's Witnesses arrested in
February 1995 by the police had been decently treated and released on bail
after having made statements. According to the authorities, the imprisoned
Jehovah's Witnesses had been fairly treated and imprisoned under humane
conditions and had not lodged any complaints with the visiting justices
of the peace during their custody.
88.
Slovakia provided a detailed explanation of its legal and procedural
machinery for dealing with conscientious objection to military service.
Regarding the duration of civilian service, which is twice that of military
service, the authorities said that it was not punitive in character but was
related to a complex procedure for creating job opportunities for persons
performing civilian service, and in particular to the need to ensure a degree
of stability within the public and private entities employing conscientious
objectors. Regarding the time limit of 30 days following the decision of the
conscription office declaring them fit for military service, within which the
law requires conscientious objectors to apply for civilian service, in its
decision PL-US 18/95C 17/95C the Constitutional Court found that “the
constitutional right not to be forced to perform military service or military
games is guaranteed to all who have executed it within the legal framework
enabling its execution”.
89.
Switzerland, in reply to a communication summarized under the
first category of violations, demonstrated in clear and convincing fashion,
after a careful review of cantonal and federal court decisions in particular,
that the members of the Church of Scientology were not treated in a
discriminatory manner in comparison with other religious communities,
particularly in the area of public and private education. It further stated
that adequate legal means existed at the federal and cantonal levels, through