A/HRC/13/40/Add.2
allegedly underwent numerous bureaucratic procedures, which resulted in long waiting
periods for the necessary documentation, and intervention from the local community which
is against such projects. The relevant authorities often reject applications for building
permits by religious minorities arguing that the development plan does not foresee a
religious building on this piece of land. However, the small religious communities claim
that the development plans often do not provide any such designated areas at all, which
obviously adversely affects their possibility to manifest their religion or belief in worship,
observance, practice and teaching.
44.
Some members of religious minorities reportedly also face discrimination when they
wish to bury family members. This problem is aggravated if the deceased previously
belonged to a different religious community, whose leadership then objects to a burial in a
particular part of a municipal cemetery. Although the local authorities have to take care of
the cemeteries in a non-discriminatory manner, the Special Rapporteur was informed that
the two biggest religious communities in practice behave as if they were the sole owners of
the cemeteries even if the members of the religious minority have their family graves in this
area and have paid for burial places there.
45.
On a more positive note, the Special Rapporteur welcomes the policy of
denationalization of assets belonging to religious communities. A number of religious
communities have already benefited from the 2000 Law on Denationalization. For instance,
the religious properties that belonged to the Jewish community were restituted in 2002 and,
through an agreement concluded in December 2007, the Government also restituted heirless
Jewish property in the country. However, the claims of some other religious communities
remain pending to this day. The Special Rapporteur would like to stress that religious sites
and places of worship have an emotional and spiritual significance for the believers. It is
therefore important to resolve these issues in a sensitive and transparent manner. In this
regard, the controversy concerning the reconstruction of the Carshiya mosque in Prilep,
which was built in the 15th century and destroyed in 2001 during the internal armed
conflict, is one example that needs to be looked into. In addition, the above-mentioned
intra-religious tensions often also relate to places of worship and related ownership issues,
which requires a careful and neutral assessment by all relevant authorities and courts.
E.
Incitement to religious hatred
46.
The Special Rapporteur is concerned about the number of reports she has received
regarding expressions of incitement to racial or religious hatred, which contribute to
creating a climate of intolerance and threaten the security of individuals. According to the
information received by the Special Rapporteur, reports that were filed by members of
religious minorities concerning concrete cases of incitement to violence against them were
not followed up by the local authorities. Impunity in cases of incitement to religious hatred
unfortunately emboldens forces of bigotry. In an otherwise tolerant society, the Special
Rapporteur was saddened to learn that there have been some cases of mob violence, threats
and extreme forms of pressure against members of religious minorities.
47.
The Special Rapporteur also received information that the vague formulation of
article 319 of the Criminal Code to combat incitement of national, racial or religious hatred,
discord and intolerance was allegedly misused against a particular religious leader, Bishop
Jovan (Zoran Vraniskovski).26 In 2004, the domestic courts of first and second instance held
26
See the related allegation letters sent by the Special Rapporteur on 13 October 2003 and 15 March
2004 (E/CN.4/2004/63, para. 48 and E/CN.4/2005/61/Add.1, para. 241) as well as the Government’s
reply of 26 January 2004 (E/CN.4/2005/61/Add.1, paras. 242-257).
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