A/64/159 Human Rights Committee. The Government stated that legislation in Turkmenistan was currently under reform, including legislation on religious organizations, in keeping with the new Constitution and the Special Rapporteur’s recommendations. The presentation of the review of Turkmenistan’s legislation on religious organizations, with the participation of international experts and representatives of relevant State bodies, was scheduled for the first half of 2009. Furthermore, the Government of Turkmenistan indicated that it was also taking steps to ensure that the right to freedom of thought, conscience and religion could be reconciled with compulsory military service by introducing alternative service within non-military structures of the Ministry of Defence, such as in medical and construction units. 2. Mission to the former Yugoslav Republic of Macedonia 44. At the end of her visit from 26 to 29 April 2009 to the former Yugoslav Republic of Macedonia, the Special Rapporteur noted the high level of tolerance in its multi-ethnic, multicultural and multi-religious society. She emphasized that the country’s diversity was its strength and that the Government, too, had shown respect for freedom of religion or belief and religious diversity. In that regard, she welcomed the Government’s initiative in organizing the World Conference on Dialogue among Religions and Civilizations in October 2007. The fact that the Government had issued a standing invitation to all the special procedures mandate holders showed its cooperation with the United Nations and openness to human rights monitoring. 45. At the same time, the Special Rapporteur referred to the perception of a number of her interlocutors that the two biggest registered religious communities in the country wielded considerable political influence, including with regard to the constitutional concept of separation of State and religion. In that regard, she referred to the considerable public debate triggered by a judgement of 15 April 2009 in which the Constitutional Court had struck down provisions on a subject in primary school that studied a particular religion, including rules according to which an adherent to that religion should behave. She noticed that the judgement did not in any way impinge upon the freedom to receive religious instruction outside of primary school teachings and she referred to the explanations provided by the Human Rights Committee in paragraph 6 of its general comment No. 22 (1993). With regard to the outrage expressed publicly by certain religious leaders and politicians against the judgement of the Constitutional Court, the Special Rapporteur emphasized that respect for an independent judiciary, which was able to adjudicate upon religious matters without fear or favour, was crucial for safeguarding freedom of religion or belief and ultimately for the functioning of democracy. 46. The Special Rapporteur also expressed her concerns on reports she had received regarding expressions of incitement to racial or religious hatred, thus contributing to a climate of intolerance and threatening the security of individuals in the former Yugoslav Republic of Macedonia. She emphasized that impunity in cases of incitement to religious hatred emboldened forces of bigotry and that the Government had a primary obligation to protect its citizens from acts of religious intolerance and discrimination. It needed the active support of civil society to create awareness on human rights issues, including freedom of religion or belief. An informed public opinion could promote tolerance and needed to be created through monitoring and advocacy of human rights. According to her experience throughout the mandate, legislation alone could not create an atmosphere of social harmony and 09-40869 15

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