A/52/477
English
Page 13
42. Romania, in reply to a communication summarized under the second, fourth,
fifth and sixth categories of violations, explained its policy on
democratization and respect for the law, including in the area of religion.
"Resolute measures have been taken by the Government of Romania, both at
the administrative and legislative levels, to overcome past injustices and
to guarantee the freedom of religion, as enshrined in the 1991 democratic
Constitution of Romania and in European and international human rights
instruments to which the country is a party".
Referring to the situation of the Greek Catholic church, the Romanian
authorities stated that the process of restitution of properties confiscated
under the former regime had been accelerated.
"The Upper Chamber of the parliament of Romania - the Senate - has passed
new legislation on 12 June 1997 providing that the Greek Catholic Church is
to be given back one church building in each locality in which the Orthodox
Church has several church buildings and there are local residents of Greek
Catholic denomination".
The authorities also stated that they were taking the necessary measures in
relation to all displays of intolerance. With regard to the Jehovah's
Witnesses, the authorities recalled that they were recognized by law and that
their activities were protected against any act violating human rights. The
Government's Department of Religious Affairs in fact adopted on 30 April 1997
"an order addressed to all local public authorities, that recognized their full
entitlement to have or build their own administrative buildings or places of
worship".
43. The Special Rapporteur wishes to thank the Romanian authorities in
particular for their very detailed replies, especially the second reply, which
included a first part entitled "Implementation of the 1981 Declaration"
referring to the "Constitution of Romania" and the "internal regulatory
framework governing the question of religion"; a second part entitled "The
contribution of education to more effective promotion of religious tolerance",
and a third part entitled "Allegations of intolerance by the Orthodox clergy
towards religious minorities: Greek Catholics and Jehovah's Witnesses".
44. Switzerland, in reply to a communication summarized under the first
category of violations, demonstrated in a careful review, especially of cantonal
and federal court decisions, that the members of the Church of Scientology were
not treated in a discriminatory manner in comparison with other religious
communities, particularly in the area of public and private education.
Furthermore, it emphasized that adequate legal means existed at the federal and
cantonal levels, through which the representatives of the Church of Scientology
had been able to secure enforcement of the rights they were claiming.
45. Viet Nam,
of violations,
Hai Chanh) and
carry on their
in reply to a communication summarized under the sixth category
said that Le Quang Vinh (Thich Tri Tu), Nguyen Chon Tam (Thich
Phu Thinh (Thich Hai Thinh) had been released and could freely
religious activities.
/...