E/CN.4/2006/5/Add.1 Page 67 308. Reports indicated that, under the draft law, only the "recognised religious denominations" or "cults" had the right to provide religious education in public schools, establish their own religious schools, or receive financial support from the state. 309. Besides, Article 13 paragraph 3 of the draft prescribes punishment only for those who obstruct the religious practice of members of the “recognised denominations”, providing no such protection to unrecognised communities. In this regard, concern was also expressed about the alleged undefined powers which the law gives to the State in deciding which religious communities should gain the status of “recognized religious denominations”. Observations 310. The Special Rapporteur is concerned that the Government has not responded to her communication. In this regard she would like to draw the Government’s attention to paragraph 4(a) of Resolution 2005/40 of the Commission on Human Rights which urges States to ensure that their constitutional and legislative systems provide adequate and effective guarantees of freedom of thought, conscience and religion and belief to all without distinction. Furthermore, paragraph 4(c) of the same Resolution requires States “to review whenever relevant existing registration practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or private.” 311. In addition, the Special Rapporteur would like to reiterate the points made with regard to this issue by her predecessor in the report submitted to the Commission on Human Rights following his visit to Romania in September 2003 (E/CN.4/2004/63/Add.2, paras 94 to 96): “With regard to the distinction between recognized religions and non-recognized religions or religious or faith-based communities, the Special Rapporteur […] considers that the principle of freedom of religion or belief, as enshrined in international human rights law, is difficult to reconcile with a formal or legal distinction between different kinds of religious or faith-based communities insofar as such a distinction in their status must imply a difference in rights or treatment, which may, in some cases, constitute discrimination that is incompatible with the exercise of human rights”. The Special Rapporteur therefore encouraged “the RomanianGovernment to abolish the distinction between recognized and non-recognized religions, possibly when it adopts the new law on religions, which it is hoping to do in the near future. In any case, the Government should ensure that this distinction does not lead to discrimination that is incompatible with international human rights law or to restrictions that might curtail the right to freedom of religion or belief, in violation of international law”. 312. The Special Rapporteur wishes to receive further information from the Government, including regarding the compatibility of its measures concerning religious communities with relevant international human rights law. Russian Federation Response from the Government dated 30 June 2004 to a communication sent on 26 March 2004 (See E/CN.4/2005/61/Add. 1, at paragraph 202)

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