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Council of Churches (to which all religious bodies are affiliated) is well aware or this
difficulty.
107. With respect to the statement attributed to the Attorney General and Ministry
of Justice, the Government explains that it should be seen in the context of
establishing a better mechanism for screening persons (locals and foreigners) wishing
to establish Churches in Fiji and monitoring their activities. In this regard, the
Government needs to know their sources of funding, requiring them to submit their
annual reports, including financial statements, which identify the utilization of their
funds. As to the requirements of Council resolution 1373 (2001) mentioned above, the
Government’s activities must be seen also in the context of the recent expulsion of a
Sudanese missionary who spent many years in Fiji after being identified by foreign
Governments as having links with terrorist organizations, which demonstrates that Fiji
is not isolated from the scope of activities of international terrorism.
108. More generally, the Government is of the view that Commission on Human
Rights resolution 2003/54 on religious intolerance must be interpreted as being
subject to resolution 1373 (2001). In other words, the right to freedom of religion is
not absolute and does not exist in isolation. Moreover, section 41 of the Fiji
Constitution provides for constitutional redress for those persons or religions bodies
who or which feel aggrieved by a decision of the Ministry of Justice. The judiciary in
Fiji has always been ready to protect the rights of its citizens, as was amply
demonstrated by the internationally renowned case of Chandrika Prasad . President
of the Republic of Fiji, the Attorney General and others.
Observations
109. The Special Rapporteur is grateful to the Government of Fiji for its reply. She
takes note of the observations made by the Government and would like to emphasize
that, pursuant to article 4 of the International Covenant on Civil and Political Rights,
even in time of emergency which threatens the life of the nation, certain rights cannot
be subject to derogation, including article 18 related to freedom of religion or belief.
Moreover, the Human Rights Committee has repeatedly stressed that counterterrorism measures taken under Security Council resolution 1373 (2001) must be in
full conformity with the Covenant.
France
Communications envoyées et réponses reçues
110. Le 16 mars 2004, la Rapporteuse spéciale a envoyé une communication au
Gouvernement français attirant l’attention de celui-ci sur les informations qui lui ont
été transmises concernant la Loi relative à l’application du principe de laïcité dans les
écoles, collèges et lycées publics adoptée par le parlement français et portant
insertion, dans le Code de l’éducation, d’un article L. 141-5-1 ainsi rédigé: « Dans les
écoles, les collèges et les lycées publics, le port de signes ou tenues par lesquels les
élèves manifestent ostensiblement une appartenance religieuse est interdit. »