A/HRC/13/40/Add.2
lead to discriminatory differentiation between “established churches”, “religious
communities” and minority “religious groups”. Consequently, only 18 of 24 communities
were reregistered automatically. The Special Rapporteur is concerned that the 1998 cut-off
date for maintaining existent legal personality pursuant to article 35 of the 2007 Law on the
Legal Status of a Church, a Religious Community and a Religious Group seems to be
arbitrary. In addition, while the Constitution also refers to “other religious communities and
religious groups”, it explicitly names only five communities in its amendment VII, thus
establishing an implicit hierarchy.
38.
By letter of 18 December 2009, the Government informed the Special Rapporteur
that 4 applications for registration of churches,19 4 applications for registration of religious
communities20 and 16 applications for registration of religious groups21 have been filed
since 1 May 2008, of which five applications have been granted so far. Several
interlocutors informed the Special Rapporteur during her mission about implementation
problems with regard to the new registration procedures under the 2007 Law on the Legal
Status of a Church, a Religious Community and a Religious Group. These problems refer to
the lack of resources and attention being devoted to registration applications, despite the
tight deadlines provided for in articles 12 to 14 of the law. In addition, the law has allegedly
been interpreted widely to include a possibility for the judge to study outside materials to
ensure that the sources of teaching and liturgy for any new applicant are different than for
any existing registered church. However, its article 10 only requires that the name and
official insignia of a church, religious community and a religious group shall be different
from the names and official insignia of already registered churches, religious communities
and religious groups.
39.
Intra-religious frictions between different streams have led to practical problems,
especially for smaller or schismatic religious communities when they seek a separate
registration with the competent State authorities. In 2004, for example, the Commission for
Relations with Religious Communities and Religious Groups denied as ill-founded the
application for registration of the “Orthodox Archbishopric of Ohrid”. In reasoning its
decision, the Commission stated that the request for registration of the religious group
“Orthodox Archbishopric of Ohrid” was only formal cover for the organization and activity
of a parallel religious community. The Commission argued that the name “Orthodox
Archbishopric of Ohrid” contained the name of the existing religious community
“Macedonian Orthodox Church” and was therefore contrary to the statutory provision
applicable at that time which stipulated that the name of a new religious group should differ
from the names of already registered religious communities.22 Following an appeal, the
Second Instance Government Commission confirmed the decision of the first instance
body. This registration practice has been criticized by civil society organizations as undue
interference by the State, ultimately protecting church monism and thus providing
exclusivity of Orthodoxy on the territory of the former Yugoslav Republic of Macedonia.
The case is currently pending at the level of the European Court of Human Rights.
19
20
21
22
Two applications for registration of churches were rejected due to the lack of complete
documentation, one application was granted and one application was withdrawn.
One application for registration of religious communities was rejected and three applications were
withdrawn.
Four applications for registration of religious groups were rejected as unfounded, seven applications
rejected due to the lack of complete documentation, four applications were granted and one
application was withdrawn.
Article 12, para. 1, of the 1997 Law on Religious Communities and Religious Groups; see also article
10, para. 1, of the 2007 Law on the Legal Status of a Church, a Religious Community and a Religious
Group.
13