A/HRC/13/40/Add.2 2001 contributed to the emergence of an internal armed conflict in the former Yugoslav Republic of Macedonia, with Government forces combating ethnic Albanian opposition groups. The conflict ended with the signing of the Ohrid Framework Agreement on 13 August 2001, providing a framework for addressing the problems that had prompted the armed conflict. This 2001 Agreement was brokered by the international community, which also assisted in post-conflict verification and disarmament.12 V. Issues of concern for the mandate 23. The Special Rapporteur would like to highlight some aspects of the status of freedom of religion or belief in the former Yugoslav Republic of Macedonia. In this chapter, she will focus on the following five issues of concern for her mandate: (a) religious instruction in primary schools; (b) religious symbols; (c) the application of the 2007 Law on the Legal Status of a Church, a Religious Community and a Religious Group; (d) places of worship; and (e) incitement to religious hatred. A. Religious instruction in primary schools 24. Following the enactment of the 2008 Law on Primary Education, an elective subject on religious instruction designed to study substantive tenets of a particular religion was introduced to public primary schools for the school year 2008/09. Alternatively, the pupils could choose a subject about history of religions. However, the Special Rapporteur was informed that pressure was exerted on teachers to have their pupils choose religious instruction rather than the subject on history of religions. Proceedings for the introduction and development of the curriculum on religious instruction as well as the hiring of teaching staff were criticized as non-transparent. In addition, some religious instruction classes reportedly started with prayers and tuition was readily offered for Orthodox Christians and Muslims, but not necessarily for other believers. Furthermore, there were complaints that religious instruction at the primary education level breached the principle of secularity of the State, according to which religious instruction can be organized on a voluntary basis outside the public schools but not in the framework of compulsory primary education. 25. In its judgement of 15 April 2009, the Constitutional Court struck down article 26 of the 2008 Law on Primary Education and thus abolished the possibility of having a subject on religious instruction in primary schools. In its judgement, the Constitutional Court took into consideration the way in which article 26 of the 2008 Law on Primary Education had been implemented since September 2008 and the fact that religious instruction classes were designed to educate pupils about the rules according to which an adherent to that religion should behave. The Constitutional Court emphasized that the State must maintain its neutrality and may not interfere in issues of faith or religious communities or confessional groups, may not motivate adherence to a certain faith, nor may it obstruct the expression of faith and impose religious conformity or demand the practice of religious activities as socially desirable conduct. 26. While this judgement of 15 April 2009 has raised considerable public debate in the former Yugoslav Republic of Macedonia, the Special Rapporteur would like to highlight that it does not in any way impinge upon the freedom to receive religious instruction outside of primary school teachings. The Constitutional Court explicitly referred in its judgement to constitutional amendment VII, which delegated the issue of religious 12 See the reports by the Special Representative of the Secretary-General on the situation of human rights defenders (E/CN.4/2004/94/Add.2, para. 7 and A/HRC/7/28/Add.4, para. 10). 9

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