E/CN.4/1998/6
page 18
with the provisions of the Shariah and the law, and stated that “all persons
are equal before the Shariah, the Constitution and the law” and that there had
been no discrimination on the ground of belief or nationality.
69.
With regard to the replies of States to communications other than urgent
appeals, the deadline had not expired for four States when this report was
completed; they were Gambia, Mongolia (1), Viet Nam (1) and the Federal
Republic of Yugoslavia. The Special Rapporteur received replies from the
following 19 States: Armenia, Belarus, Bulgaria, China, Czech Republic,
Greece, Iraq, Israel, Oman, Romania, Russian Federation, Singapore, Slovakia,
Switzerland, Thailand, the former Yugoslav Republic of Macedonia, Trinidad and
Tobago, Turkey and Viet Nam.
70.
As regards the content of the replies, Armenia stressed that its
legislation and government policy were in conformity with the 1981 Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief and that the State in no way impeded the activities of
religious organizations. It specified that the “State Council for Religious
Affairs” had registered all the 44 religious organizations, representing
14 denominations, that had made an application and submitted their statutes;
it had not registered the Jehovah's Witnesses on account of the
incompatibility of their activities with the legal provisions on military
service. According to the authorities, apart from an incident in April 1995
involving Hare Krishna, in respect of which the State had taken appropriate
measures, there is no intolerance or discrimination vis-à-vis religious
organizations. They added that for the time being no overall effort was
being made to promote religious tolerance in educational institutions more
effectively.
71.
Belarus explained that the law made provision for alternative service
in lieu of national military service, but that there were no regulations
defining the conditions and terms under which military service could be
replaced by alternative service, or to determine the nature of such service.
According to the authorities, a practical solution had been found to the
problem; citizens who refused to perform military service and said that they
were unable to bear arms, use military equipment or take an oath were assigned
to auxiliary units where their beliefs were respected. They added that a bill
governing matters relating to alternative service was shortly to be submitted
to the National Assembly.
72.
Bulgaria explained that the reason for the refusal to register the
Jehovah's Witnesses community was linked to fundamental tenets of the
community's doctrine, such as the refusal to accept blood transfusions and to
perform military service, which Bulgaria considered as contrary not only to
its own legislation (Acts relating to public health and to general military
service), but also to numerous international instruments to which Bulgaria was
a party. It added that in 1996 the leaders of the Jehovah's Witnesses had
used out-of-date registration documents dating from 1991 to hire rooms and
that the lack of valid registration documents had been one of the grounds
on which the authorities had intervened during public meetings held by the
community. It pointed out that failure to re-register, and the consequent
lack of an authorization for public activities in no way limited the right of
each individual member of the Jehovah's Witnesses to worship and hold his or