A/HRC/4/21/Add.1
page 65
Observations
274. The Special Rapporteur is concerned that she has not received a response from the
Government and she would like to reiterate her question concerning the prospects of the death
sentence being commuted or pardon being granted. The Special Rapporteur would like to draw
the Government’s attention to article 2(1) of the 1981 Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief, which provides that
“[n]o one shall be subject to discrimination by any State, institution, group of persons, or person
on the grounds of religion or other belief.” Article 4(1) of the 1981 Declaration goes on to state
that “[a]ll States shall take effective measures to prevent and eliminate discrimination on the
grounds of religion or belief in the recognition, exercise and enjoyment of human rights and
fundamental freedoms in all fields of civil, economic, political, social and cultural life.”
Furthermore, the Special Rapporteur would like to refer to her framework for communications,
more specifically to the international human rights norms and to the mandate practice concerning
“Persons deprived of their liberty” (see above para. 1, category III. 2.) and “Right to life, right to
liberty” (category IV. 2.). Moreover, she reminds the Government that she is still awaiting a
reply to her request to visit the country.
Serbia and MontenegroCommunication sent on 8 May 20061
275. The Special Rapporteur brought to the attention of the Government information she had
received concerning the adoption and signing of a new law on religion. According to the
allegations, on 27 April 2006, President Tadic signed a new law on religion, after Parliament
approved the law on 20 April 2006. The law was passed with 129 of the 250 parliamentarians
taking a vote, of which 120 voted in favour of the law. The new law differentiates between seven
traditional and all other faiths, and awards different privileges and rights to each category. For
example, non-traditional faiths will lose, and will have to reapply for, legal status, as well as
losing their tax-exempt status. The Special Rapporteur has raised concerns about this issue twice
before, in 2004 and 2005. President Tadic has also reportedly expressed concerns about the law
and has called for amendments that would bring the legislation in line with relevant international
standards.
Observations
276. The Special Rapporteur is concerned that she has not received a response from the
Government and she would like to reiterate her observations related to previous communications
on the draft law on religion (see E/CN.4/2005/61/Add.1, paras. 210-213 and
E/CN.4/2006/5/Add.1, paras. 336-340). Moreover, she reminds the Government that she is still
awaiting a reply to her request to visit the country. Furthermore, the Special Rapporteur would
like to refer to her framework for communications, more specifically to the international human
1
The communication was transmitted before 3 June 2006 when the Secretary-General received a
letter from the President of the Republic of Serbia informing him that the membership of Serbia
and Montenegro in the United Nations was to be continued by the Republic of Serbia and that the
name “Republic of Serbia” was henceforth to be used instead of the name “Serbia and
Montenegro”.