E/CN.4/2005/61/Add.1
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and residential dwellings have been erected on the site where the monastic structures
used to be located.
42.
Finally, the Government stresses that article 39 of the Act has established
liability for the induction of juveniles into religious organizations and the teaching of
religion to juveniles against their will and without the consent of the parents or
persons acting in loco parentis. Nevertheless, article 5 of the Act specifies that parents
or persons acting in loco parentis are entitled by mutual consent to bring up their
children in accordance with their own attitude towards religion. The State may not
interfere in the upbringing of a child based on the particular religious views of the
parents or persons acting in loco parentis, except in cases where inducement to
perform religious acts directly threatens the child's life and health or violates his or
her legal rights. This provision is consistent with article 18, paragraph 4, of the
International Covenant on Civil and Political Rights, which recognizes the liberty of
parents and legal guardians to ensure the religious and moral education of their
children in conformity with their own convictions. With regard, in particular, to the
question about the requirement of local authorities that religious organizations should
provide lists with the names and dates of birth of children attending Sunday schools, it
is pointed out that this has not been made compulsory and information has only been
requested about the number of study groups and the approximate number of children
attending such schools.
43.
On 10 June 2004, the Special Rapporteur sent a communication to the
Government of Belarus regarding thousands of Jewish graves that were reportedly
desecrated since June 2003 in the western town of Grodno, where the site of an
historic cemetery was being excavated to allow the expansion of a football stadium.
Grodno's 300-year-old cemetery was reportedly used for burials until the 1950s. It
was reportedly taken over by the Soviet authorities in 1958. The tombstones were
destroyed and Grodno's current football stadium was built on about a fifth of the
cemetery. The work allegedly aimed at expanding the football stadium and providing
extra sports facilities. Among those buried in the cemetery are reportedly thousands of
Jews killed in the Holocaust and important Jewish sages, including Reb Nochumka
Horodna, the Yesod Veshoresh Hoavoda and the Gaon Rav Shimon Khkop.
44.
By letter dated 27 December 2004, the Government of Belarus responded that
the above allegation was completely false. The Jewish cemetery is not being
destroyed and the stadium, built in 1964 on the site of a cemetery that had been closed
in 1949, is being refurbished.
45.
Until the end of the 1940s, a Jewish cemetery was situated approximately
within the confines of Gorky, Kalinovsky and Kommunalnaya streets but no
Holocaust victims were buried in that cemetery. Pursuant to Decision No. 276 of 26
April 1949 of the executive committee of the Grodno city Soviet of Workers’
Deputies, the aforementioned Jewish cemetery was closed. The relatives of the
deceased reburied their remains. On 16 July 1960, pursuant to Decision No. 478, the
plot of land was given to the Grodno oblast Council of Trade Unions for the
construction of a stadium.