E/CN.4/2005/61/Add.1
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Observations
103. The Special Rapporteur is grateful for the reply sent by the Government and
notes that her concerns have also been expressed by the Committee on the Rights of
the Child in its concluding observations on the initial periodic report of Eritrea
(CRC/C/15/Add.204). She would appreciate receiving a reply to her communications
of 15 March, 14 June and 3 November 2004 as well as to her request for an invitation
to visit the country.
Fiji
Follow-up to previously transmitted communication
104. By letter dated 19 January 2004, the Government of Fiji, in response to a
communication sent by the Special Rapporteur on 10 October 2003, replied that its
Constitution guarantees the right of every person to exercise his/her right of freedom of
conscience, religion and belief within certain limitations on the grounds of public
safety, public order, public morality, public education, and prevention of nuisance or the
protection of interests of others. The Constitution also provides for any person whose
right has been contravened to seek High Court assistance for redress. Finally, the
Registration of Religious Bodies Act (Cap 68) was enacted in 1881 and needs to be
reviewed.
105. The Government adds that in the aftermath of 11 September 2001, the Security
Council adopted resolution 1373 (2001) which has far-reaching implications for the
obligations of States. The resolution recognizes the threats posed to international peace
and security by acts of terrorism motivated by intolerance and extremism and calls on
States to work together in preventing and suppressing terrorist acts. The Government
treats its obligations under resolution 1373 (2001) seriously because of the financial
implications and sanctions that would follow for non-compliance with a decision of
the Security Council, and considers that its obligations under the said resolution
include adopting measures that would allow for an oversight mechanism over the
activities of natural persons as well as legal persons and entities. The Government
considers such measures necessary as in the recent past, charitable organizations,
cultural organizations and religious bodies have been abused by criminal and terrorist
groups in order to promote their illegal criminal activities. It has therefore been
deemed appropriate and timely for the Government to act now on the abovementioned 1881 Act.
106. The Government further indicates that the ministry charged with the
administration of the Registration of Religious Bodies Act was currently reviewing
the legislation so that appropriate changes could be made to ensure the accountability
of officials of religious bodies and that the assets of such bodies are not misused or
misappropriated for illegal purposes. It is a fact that the mushrooming of many new
religious bodies within the Fijian community in particular has caused strain in
relations within Fiji. These organizations have been the main catalyst for the
breakdown in the orderly running of many villages and communities of rural Fiji. The
Government considers that such a trend is not only new and foreign, but has also
increased the burden of ensuring law and order amongst rural Fijians. The Fiji