A/54/386
28. Uganda. The national legislation reportedly does not
guarantee the right to conscientious objection on grounds
of religious belief.
29. Uzbekistan. An official of the Seventh Day Adventists
was reportedly arrested in November 1998 on the grounds
that his congregation was not registered and that he had
no pastoral qualifications. He is said to have been released
after paying $1,000 and to have left the town where he was
arrested. In the town of Navoi, the Seventh Day Adventists
are reported to have built a church which the authorities
are refusing to register.
30. In a detailed reply dealing with the case of arrest
summarized above, the Government of Uzbekistan
explained that the individual in question had violated the
legislation on religious organizations by reason of the
activities he engaged in without the Seventh Day
Adventists being officially registered in the town of Karshi.
It confirmed that he had been sentenced to a fine in
accordance with the Code of administrative responsibility,
and explained that he had left the town to return to his
place of residence. It added that the Seventh Day
Adventists were registered by the Justice Department in
Navoi region on 13 January 1999. In that respect, the
Government explained that any religious organization
could be established on the initiative of at least 100 citizens
aged 18 or over and permanently resident in the territory.
For the coordination and supervision of religious activities,
a central administrative body could be established by the
Constituent Assembly of representatives of the religious
organization registered, operating in at least eight
territorial divisions of Uzbekistan. A religious organization
acquired legal status and could carry on its activities only
after being registered by the Ministry of Justice and its
representatives in the province. The Special Rapporteur
wishes to draw attention to the fact that regulation of the
exercise of worship, while being useful and very often
necessary, must not constitute an obstacle to freedom of
religion.
31. Pakistan. In Karachi, four men were reportedly
murdered by Shiites in January 1999 while at prayer in a
mosque. The police are said to have arrested members of
the Sipah-e-Sahaba extremist group, who reportedly denied
any responsibility. In December 1998, a bomb is said to
have exploded in the cathedral, injuring a worshipper. In
addition, an Ahmadi was reportedly murdered by a member
of an anti-Ahmadi organization.
32. Peru. Following an order of May 1998 amending the
legislation on exemption from property tax for religious
organizations recognized by the State, a number of
6
Christian congregations, particularly Evangelist ones,
reportedly ceased their activities because of the absence of
financial resources needed to pay taxes. In Lima, some of
these organizations are said to have filed a complaint
against the municipal authorities on the grounds that the
order did not apply to the Catholic church, which was
contrary to the constitutional principle of equality before
the law.
33. Syrian Arab Republic. The right to conscientious
objection on grounds of religious belief is reportedly not
recognized by law. The Government of the Syrian Arab
Republic replied that there were no cases of conscientious
objectives on grounds of religion and belief in its territory.
The Special Rapporteur thanks the Government of the
Syrian Arab Republic for its reply, and would like to know
whether Syrian legislation guarantees conscientious
objection.
34. Republic of Korea. The national legislation
reportedly does not guarantee the right to conscientious
objection on grounds of religious belief.
35. In its reply, the Government of the Republic of Korea
emphasized the importance it attaches to freedom of
religion and belief, while recalling its sovereign right and
responsibility for defence of the territory and maintenance
of public order in conformity, according to its
representatives, with the provisions of article 29 of the
Universal Declaration of Human Rights providing for
limitations for purposes of public order and the general
welfare. It explained that the unique security situation of
the Korean peninsula made the maintenance of a system
of compulsory and universal conscription inevitable. It
added that the introduction of an alternative form of service
would be difficult because public opinion was sensitive to
equity in the performance of military service.
36. The Special Rapporteur, while understanding the
concerns of the Government of the Republic of Korea,
wishes to recall that the United Nations Commission on
Human Rights, in several resolutions such as resolution
1998/77, recognized 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 International
Covenant on Civil and Political Rights and General
Comment No. 22(48) of the Human Rights Committee. It
also reminded States with a system of compulsory military
service, where such a provision has not already been made,
of its recommendation that they provide for conscientious
objectors various forms of alternative service which are
compatible with the reasons for conscientious objection,