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308.
Reports indicated that, under the draft law, only the "recognised religious
denominations" or "cults" had the right to provide religious education in public
schools, establish their own religious schools, or receive financial support from the
state.
309.
Besides, Article 13 paragraph 3 of the draft prescribes punishment only for
those who obstruct the religious practice of members of the “recognised
denominations”, providing no such protection to unrecognised communities. In this
regard, concern was also expressed about the alleged undefined powers which the law
gives to the State in deciding which religious communities should gain the status of
“recognized religious denominations”.
Observations
310.
The Special Rapporteur is concerned that the Government has not responded
to her communication. In this regard she would like to draw the Government’s
attention to paragraph 4(a) of Resolution 2005/40 of the Commission on Human
Rights which urges States to ensure that their constitutional and legislative systems
provide adequate and effective guarantees of freedom of thought, conscience and
religion and belief to all without distinction. Furthermore, paragraph 4(c) of the same
Resolution requires States “to review whenever relevant existing registration practices
in order to ensure the right of all persons to manifest their religion or belief, alone or
in community with others and in public or private.”
311.
In addition, the Special Rapporteur would like to reiterate the points made
with regard to this issue by her predecessor in the report submitted to the Commission
on Human Rights following his visit to Romania in September 2003
(E/CN.4/2004/63/Add.2, paras 94 to 96): “With regard to the distinction between
recognized religions and non-recognized religions or religious or faith-based
communities, the Special Rapporteur […] considers that the principle of freedom of
religion or belief, as enshrined in international human rights law, is difficult to
reconcile with a formal or legal distinction between different kinds of religious or
faith-based communities insofar as such a distinction in their status must imply a
difference in rights or treatment, which may, in some cases, constitute discrimination
that is incompatible with the exercise of human rights”. The Special Rapporteur
therefore encouraged “the RomanianGovernment to abolish the distinction between
recognized and non-recognized religions, possibly when it adopts the new law on
religions, which it is hoping to do in the near future. In any case, the Government
should ensure that this distinction does not lead to discrimination that is incompatible
with international human rights law or to restrictions that might curtail the right to
freedom of religion or belief, in violation of international law”.
312.
The Special Rapporteur wishes to receive further information from the
Government, including regarding the compatibility of its measures concerning
religious communities with relevant international human rights law.
Russian Federation
Response from the Government dated 30 June 2004 to a communication sent on
26 March 2004 (See E/CN.4/2005/61/Add. 1, at paragraph 202)