Е/СЫ.4/1992/52 page 102 1 1 known as the 'establishment clause ; the second as the 'free exercise clause . In terms of protecting against religious intolerance, the free exercise clause is considerably more significant. The first amendment as a whole is applicable to the Governments of each of the States by virtue of the fourteenth amendment to the U.S. Constitution. Thus, no distinction is or properly can be made between religion, religious sects and religious associations. When a law or other governmental action is challenged as a violation of the establishment clause, U.S. courts will examine it under a three-part test. First, the law or other governmental action must have a secular purpose. Second, it must have a primarily secular effect. Third, it must not involve the Government in an excessive entanglement with religion." Zimbabwe "The answer is 'no 1 . Our Constitution has a Declaration of Rights or Bill of Rights which is justifiable. One can appeal to the Supreme Court if any of these rights are violated. Section 19 (one of those fundamental rights) of our Constitution provides for the protection of the Freedom of Conscience." 83. (b) Does your country afford equal protection both to believers of all faiths and to non-believers (free thinkers, agnostics and atheists)? If not, in what way is the treatment different? Australia "Section 116 of the Australian Constitution has the effect of affording protection to believers of all faiths. In this context it should be noted that the High Court of Australia has given a broad interpretation to the concept of religion (Church of the New Faith v. Commissioner for Payroll Tax (1983) 49 ALR 65). This broad interpretation would not cover a lack of any religious belief (i.e. atheists) but it should be noted that there are no Australian laws or practices which draw adverse distinctions between believers and non-believers. On the contrary, there are specific efforts made to accommodate both believers and non-believers, such as the provision in public life or the courts for taking either a religious oath or for non-believers, an affirmation (e.g. in relation to the provision of evidence in court)." Bolivia "In this country all persons enjoy equal protection and guarantees without any distinction. Article б of the Political Constitution of the State expressly states: 'Every human being has legal personality and capacity, in accordance with the laws. He enjoys the rights, freedoms and guarantees recognized by this Constitution, without distinction as to race, sex, language, religion, political or other opinion, origin, economic or social condition, or any other. The dignity and freedom of the person are inviolable. To respect them and protect them is a primary duty of the State'." Botswana "There is equal protection to all believers and non-believers."