A/54/386
legislation forbidding discrimination against women, the
latter are apparently still affected by religious traditions,
especially with regard to marriage. The religious
authorities are said to counsel their faithful in ways
detrimental to women.
82. Ukraine. The duration of alternative service for
conscientious objectors is apparently punitive in character.
Moreover, it is said that only members of officially
registered religious communities whose doctrines prohibit
military service can perform alternative service. Christian
communities which are not indigenous to Ukraine
reportedly encounter difficulties. The legislation on
freedom of conscience and religion apparently states that
the religious activities of foreigners must be confined
strictly within the framework of the host organizations and
must be approved by the authorities which registered the
congregations concerned. The procedures for the
registration of religious organizations originating outside
Ukraine were said to be delayed by the local and regional
authorities, which allegedly impedes the acquisition of
property. The Seventh Day Adventists reportedly encounter
difficulties in educational institutions in the case of
examinations scheduled for the sabbath. The same problem
apparently arises in the workplace.
83. Yemen. Christian communities reportedly cannot
engage in religious activities vis-à-vis Muslims. The
correspondence of the clergy is apparently sometimes
monitored by the authorities in order to prevent any
proselytism. Women are allegedly affected by certain laws,
which seem to be based on religious rules: in particular,
a woman wishing to obtain a passport and travel abroad is
said to need the permission of her father or husband.
C. Late replies/failure to reply to
communications sent for the
fifty-fifth session of the
Commission on Human Rights
84. Germany (reply to the communication contained in
document E/CN.4/1999/58 (para. 29)). The authorities
confirmed that the tennis player Arnaud Boetsch had lost
a contract with a private tennis club which had come under
pressure from its main sponsors because of his membership
in the Church of Scientology. They added: “If Boetsch’s
contract ... were subject to German labor law (dependent
working relationship), he could have challenged the club’s
decision to end his contract at court. It is not known
whether this was the case. In any case, such a step was not
taken by A. Boetsch who, in his later correspondence with
12
the tennis club, was represented by a lawyer.”The
authorities were unable to obtain any information about the
Spanish musician Enrique Ugarte. With regard to the
Berlin police director, the authorities confirmed that an
investigation had been opened to determine whether he was
a member of the Church of Scientology; in the meantime,
he had not been suspended from work but had in fact been
assigned to non-sensitive special duties. The inquiry
having shown that he was not a member of the Church of
Scientology, he had been reinstated in his previous field
of work in July 1998 and had received a promotion.
85. Bulgaria (ibid., para. 46) provided a detailed reply
concerning the cases and situations mentioned by the
Special Rapporteur. The authorities confirmed that a
workshop on Islam organized by citizens of Saudi Arabia
in violation of the law had been discontinued at the express
request of the regional mufti. According to the law on
religious denominations, religious manifestations may be
organized only by, or with the consent of, officially
registered denominations. In this case, the office of the
chief mufti had not been informed that the workshop was
to be held. Moreover, the Saudi Arabian clerics had entered
the country with tourist visas, which did not authorize
them to carry out religious activities.
86. The expulsion of an Austrian Jehovah’s Witness
following an earlier sanction under the Law on Foreigners
Residing in the Republic of Bulgaria was confirmed. With
regard to the case of two Bessarabian Jehovah’s Witnesses,
it was explained that an order banning them from entering
the country had been issued because their residence permits
had expired and not because of their beliefs. During their
appeal, the couple had been granted Bulgarian nationality
and the order banning them from the country had thus been
annulled. The authorities stated that the Directorate on
Religious Denominations and the Chief Prosecutor’s Office
had not received any information concerning attacks on the
Bulgarian Church of God. The Directorate had
nevertheless contacted the High Priest of that church, who
according to the authorities had described the incidents as
insignificant. The confiscation of the religious building of
the Emmanuel Bible Centre was confirmed. This case,
which is linked to violations of the Law on Territorial and
Urban Development, is being prosecuted in the courts.
Concerning the programmes hostile to the Jehovah’s
Witnesses, broadcast by a local television station, the
authorities stated that the programmes, which contained
accusations concerning the kidnapping of children and
incitation to suicide, resulted from a private investigation
conducted by a journalist and that the local leaders of the
Jehovah’s Witnesses community had not complained about