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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
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