A/51/542/Add.1
English
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concerning constitutionality, particularly with regard to article 4,
paragraphs 1 and 6, concerning the equality of all before the law and the
contribution of citizens to the defence of their country, the Special Rapporteur
recommends a revision of the Constitution in order to include a provision
guaranteeing the right of conscientious objection.
138. As for the special provisions concerning Muslims and, more particularly,
muftis and waqfs, the Special Rapporteur recalls article 6, paragraph (g), of
the 1981 Declaration, which guarantees freedom to "train, appoint, elect or
designate by succession appropriate leaders called for by the requirements and
standards of any religion or belief".
139. The Special Rapporteur believes it necessary for the Greek authorities to
comply fully and in good faith with the Treaty of Lausanne and with the
country’s international undertakings. He also recalls the need to refrain from
interfering in the affairs of a religion, apart from the restrictions provided
for in international law, and calls for respect for the traditions of each
religious group within the framework of internationally recognized norms.
140. The Special Rapporteur also emphasizes that the status of the Muslims of
Thrace, and in particular that of the muftis and waqfs, should not be
subordinated to considerations concerning Turkey, and strongly urges the parties
involved to comply with their international undertakings, especially the Treaty
of Lausanne.
141. Lastly, regarding other legal issues, while noting the statements made by
the Greek authorities to the effect that the International Covenant on Civil and
Political Rights will be ratified as soon as possible, the Special Rapporteur
believes it necessary to ensure that internal law is consistent with
international law. With regard to the revision of the Constitution, the Special
Rapporteur would like to see the necessary changes introduced in that context or
set out in formal texts, with assurances that they will be interpreted in a
manner consistent with religious freedom.
142. As regards implementation of the laws and policies in force, given the
complexity of the situation, the Special Rapporteur in his analysis examined
successively the Christian minorities (Catholic, Protestant, Jehovah’s
Witnesses), Jews and Muslims and their relations with the dominant Orthodox
Church and the State.
143. In the religious sphere, the Christian minorities are facing a challenge to
their legal recognition, with regard both to their places of worship and their
right to conscientious objection.
144. With regard to places of worship, the Christian minorities are encountering
severe difficulties in obtaining building permits because of the negative
opinions frequently expressed by the Orthodox Church, which in practice are
often binding on the authorities. The Necessity Acts are invoked in order to
punish anyone responsible for illegal places of worship. Moreover, places of
worship and religious objects have been the targets of sporadic attacks of
vandalism.
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