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."