A/HRC/13/40/Add.3 30. The Minister for Religious Affairs indicated that his Ministry was cooperating with the two communities, which are both registered. This approach seems noteworthy since article 15 of the 2006 Law on Churches and Religious Communities recognizes the Islamic community’s legal continuity which it had acquired in compliance with a 1930 Law on the Islamic Religious Community of the Kingdom of Yugoslavia. According to members of civil society organizations, the fact of having registered two Islamic communities shows that the Ministry of Religious Affairs is not consistent in its registration practice with regard to competing strands within a religion. The Special Rapporteur would like to remind the authorities of their duty to remain neutral and impartial, which precludes any State measures favouring a particular leader or specific strands of a divided religious community. F. Conclusions and recommendations 31. The Special Rapporteur visited some multi-ethnic and multi-religious municipalities in central Serbia and Vojvodina, where an atmosphere of religious tolerance seems to flourish. In this regard, she would like to reiterate that interfaith consultations at the local, national and particularly regional levels are important to promote understanding, tolerance and respect between and among the various communities. In addition, the rule of law and the functioning of democratic institutions are prerequisites for the effectiveness of these strategies, which seek to encourage real dialogue in an open and pluralistic environment. Several State institutions can and should continue to play a pivotal role in healing wounds, contributing to reconciliation and building respect for the principles of human rights, including freedom of religion or belief. The issues of equality and non-discrimination on the basis of religion or belief should be among the Government’s priorities. 32. In this context, the Special Rapporteur would recommend a reform and proper implementation of the current law on churches and religious communities in order to restore the confidence amongst various communities. It seems vital that the Ministry of Religion is more transparent in its decision-making and strictly abides by the duties of neutrality and impartiality. As outlined in her report to the Commission on Human Rights (E/CN.4/2005/61, para. 58), registration should not be a precondition for practising one’s religion, but only for the acquisition of a legal personality and related benefits. In the latter case, registration procedures should not be cumbersome and remain uncomplicated so that the procedure itself does not become a stumbling block for registration, for example with regard to the required number of signatures of founders. Registration should not depend on reviews of the substantive content of the belief, the structure or the clergy. In addition, no religious group should be empowered to decide about the registration of another religious group. 33. Concerning places of worship, the Special Rapporteur would like to refer to General Assembly resolution 55/254, in which the Assembly calls upon States to exert their utmost efforts to ensure that religious sites are fully respected and protected in conformity with international standards and in accordance with their national legislation. The Assembly also calls upon all States to adopt adequate measures aimed at preventing all acts or threats of violence, destruction, damage or endangerment, directed against religious sites. 34. The Special Rapporteur noticed that the voices of those individuals who do not profess any religion and those who are dissenters within their communities or dispassionate about religions are being marginalized. These individuals are neither realistically reflected in the latest census nor given an opportunity to institutionally express their views in matters of religion or belief. A truly pluralistic society is the backbone of a democratic system. Theistic, atheistic and non-theistic believers as well 11

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