A/51/542/Add.1
English
Page 10
39. According to the non-governmental representatives, it is necessary for the
Greek State to adopt legislation recognizing the right to conscientious
objection with respect to military service in order to put an end to
infringements of the religious freedom of conscientious objectors, in particular
Jehovah’s Witnesses, and of their human rights in general within Greek society
(see chap. II, sect. A, "The Jehovah’s Witnesses"). The well-known Exemption of
Ministers of Religion Act (Act No. 1763/1988) should also be fully applied (see
chap. II, sect. A, "Protestant minority").
40. The Special Rapporteur draws attention to resolution 1989/59 of
8 March 1989 of the Commission on Human Rights of the United Nations, reaffirmed
inter alia in 1991 (resolution 1991/65 of 6 March 1991) and in 1993 (resolution
1993/84 of 10 March 1993), which recognizes "the right of everyone to have
conscientious objections to military service as a legitimate exercise of the
right to freedom of thought, conscience and religion as laid down in article 18
of the Universal Declaration of Human Rights as well as article 18 of the
International Covenant on Civil and Political Rights" (para. 1) and which
recommends to Member States "with a system of compulsory military service, where
such provision has not already been made, that they introduce for conscientious
objectors various forms of alternative service" (para. 3) which "should be in
principle of a non-combatant or civilian character, in the public interest and
not of a punitive nature" (para. 4).
2.
Specific provisions concerning Muslims
41. The relevant texts concerning the Muslim minority of Western Thrace are,
first, the 1923 Treaty of Lausanne which, inter alia, guaranteed freedom of
religion, equality before the law, the right to establish and control any
charitable, religious and social institutions and any schools and full
protection for religious establishments and, second, the Constitution in
article 5, paragraph 2 (protection of life and freedom without, in particular,
any distinction on grounds of religious belief) and article 4, paragraph 1
(equality before the law). The Special Rapporteur studied the legislation
relating to muftis, waqfs and education.
(a)
Legislation concerning muftis
42. Greek legislation originally provided for a procedure for electing muftis
in accordance with article 11 of the Treaty of Athens of 1913; the relevant
provision of the Treaty subsequently became part of Greek domestic legislation
by virtue of Act No. 3345/1920, adopted by Greece in 1920. According to the
Greek authorities, these provisions have not, however, been put into effect, in
particular as a result of exchanges of Greek and Turkish populations in 1922 and
the conclusion of a new agreement, the Treaty of Peace signed at Lausanne in
1923.
43. The decree of 25 December 1990 subsequently abolished the legal procedure
for the election of muftis, in favour of a nomination procedure. Under that
decree, a committee chaired by the prefect, and composed of men of religion and
eminent Greek Muslim citizens, is responsible for proposing to the Minister of
Education and Worship a list of qualified persons (who must, in particular, be
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