E/CN.4/1992/52 page 126 "1. The infrequency with which there are clashes between different communities on the basis of religion is a clear indication of the success of Israeli policy of guaranteeing the rights of the various religious communities, protecting the holy places and ensuring the public peace and order. 2. When the State of Israel has been called upon to resolve clashes of a religious nature between the various communities it is most typically in regard to the holy places. Because of the special significance of the holy places to religious peoples the world over and because of the longstanding relationships of religious communities to the holy places, the guardianship of Israel over these areas goes beyond the normal obligations of a government to maintain law and order. The State of Israel sees itself entrusted with the heavy responsibility of protecting religious values, norms and places which are divinely holy for peoples all over the world. 3. The basic approach of the State of Israel towards the holy places is one of openness, liberalness and tolerance. The State's aim is to guarantee the rights of its citizens to fulfil their religious aspirations through a balance of maintaining the status quo while preserving the public order. These goals have been expressed in the numerous public documents and laws protecting the holy places from desecration and ensuring free access to them (these provisions have been discussed in detail above - see answer to question (b)). 4. In a series of cases arousing religious passions and historical complexities, the Israeli Supreme Court was petitioned to allow Jews to pray upon the Temple Mount, also a Muslim holy site. The petition was based upon a police order which decreed that in order to safeguard the public order and safety, Jews were barred from organizing prayer services upon the Temple Mount. 5. In its opinions the Court recognized the profound holiness of the site to Jews as well as their historical and national right to freely enter the Temple Mount area, a right embodied in the Protection of Holy Places Law. The Courts also acknowledged the historical religious right of Jews to pray upon the Temple Mount. A right which harkens back 2000 years, to the time when the Temple of Solomon stood. And yet, in its decisions the Court did not strike the police order. The Court emphasized the fact that Jews had free access to the Temple Mount, but in order to preserve the public order and safety it could not change the status quo and allow Jews to organize prayer services there. Therefore, the current situation is that while Jews are free to visit the Temple Mount they are forbidden from holding prayer services there (22 P.D. (I) 440 (1968) 22 P.D. (II) 141 (1968) 30 P.D. (II) 505 (1976) 35 P.D. (IV) 673 (1981) 38 P.D. (II) 442 (1984))." Luxembourg "No."

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