E/CN.4/1992/52 page 109 United States of America In its reply, the Government of the United States of America did not refer specifically to this question, but stated the following: "The free exercise clause provides protection for the practice of any religion. It requires that the Government not prohibit any religious belief nor confer any benefit or impose any burden on individuals because of their religious beliefs. Additionally, the clause requires that the Government make some accommodation for the practice of religious beliefs. However, this accommodation must not be of such a nature as to favour religion over non-religion. One case recently decided by the U.S. Supreme Court demonstrates the practical limits of the free exercise clause. In employment division, department of human resources of Oregon v. Ball, 110 S.C.T. 1595 (1990), the Court held that the State of Oregon could, consistent with the free exercise clause, deny claimants unemployment compensation benefits on the ground of misconduct where the claimants were dismissed from their drug counselling positions due to their use of the drug peyote, illegal under Oregon Criminal Law, at a ceremony of the native American church. The Court reaffirmed that the free exercise clause includes the right to believe and profess whatever religious doctrine one desires. However, the Court ruled that the right of free exercise of religion does not relieve an individual of an obligation to comply with a valid or neutral law of general applicability on the ground that the law proscribes conduct that is contrary to a religious practice. In deciding this case, the Court also stated that the Government would violate the free exercise clause if it sought to ban religious acts only when they were engaged for religious reasons or only because of the religious belief displayed. The Court also ruled that States could make non-discriminatory religious practice exemptions to drug laws, but that such exemptions were not constitutionally required. The establishment clause of the first amendment essentially ensures the so-called 'separation of Church and State' in the United States. As interpreted by the U.S. Supreme Court, it requires that Government neither aid nor formally establish a religion. The clause also prohibits the Government from promoting a preference for religion over non-religion." Zimbabwe "The answer is 'yes.'" 84. (c) How does your country protect the right of its citizens to practise their faith when they constitute a religious minority? Australia "The rights of citizens to practise their faith (whether such citizens constitute a religious minority or majority) is protected by section 116 of the Constitution, ... above, and by the criminal law of the States and Territories."