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).
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