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minorities, enjoy effective protection against discrimination and are able to enjoy their
own culture, to practise and profess their own religion, and use their own language, in
accordance with article 27 of the Covenant”.
Slovenia
Follow-up to previously transmitted communication
214. By letter dated 15 December 2003, the Government of Slovenia transmitted a
response to a communication sent by the Special Rapporteur on 13 October 2003
regarding complaints concerning the new law on religious communities and the
building of a mosque in Ljubljana.
215. Regarding the complaints and concerns expressed by the minority religious
communities because the Office for Religious Communities had chosen Dr. Lovro
Sturm as head of the expert team tasked with preparing an initial draft of a new law on
religious communities, the Government informed the Special Rapporteur that,
according to the statement of the governmental Office for Religious Communities,
which is responsible for the law in question, the head of the expert team had been
chosen in a procedure for awarding small public contracts, in compliance with the
legislation of the Republic of Slovenia. The Institute for Human Rights Law, of which
Dr. Sturm is the director, had submitted the lowest bid. In accordance with the
Constitution and relevant international conventions, every person in Slovenia is
guaranteed equal human rights and fundamental freedoms, irrespective of national
origin, race, sex, language, religion, etc. The Government therefore expressed its
belief that the decision as to whether a bid is appropriate or inappropriate may not be
based on the religion of the bidder, since that would be inadmissible and
discriminatory and would violate the Constitution as well as the relevant international
instruments.
216. The Government indicated that the draft law on religious communities, which
would be decided upon by the National Assembly, would ultimately be formulated by
the Government which was not obliged to accept the initial draft as formulated by Dr.
Sturm. After the draft law was formulated and submitted to the National Assembly,
the Government would take the responsibility for its compliance with the Constitution
and international conventions binding on the Republic of Slovenia (particularly for the
respect for the constitutional principles of the separation of Church and State, the
equality of religious communities and their freedom to pursue their activities). It was
thus clear that Dr. Sturm would not be responsible for the draft law on religious
communities, but only for formulating the legal arguments that would provide the
basis of the draft law.
217. Regarding the complaints of the Islamic community, who believed their
freedom of religion was curtailed, the Government responded that, in accordance with
the provisions of the Constitution and the obligations arising from ratified
international instruments, it recognizes the right of any religious community to act
freely and supports their endeavours to acquire appropriate facilities for practicing and
professing their beliefs.