OSCE, Council of Europe concerned over Serbian Law on Churches and Religious Communities

BELGRADE, 25 April 2006 - The Mission to Serbia and Montenegro of the Organization for Security and Co-operation in Europe (OSCE) and the Council of Europe (CoE) Office in Belgrade express their concern about certain provisions of the recently adopted Serbian Law on Churches and Religious Communities which appear to be inconsistent with standards set by the two organizations, in particular the European Convention on Human Rights, ratified by Serbia and Montenegro in 2004.

The CoE and the OSCE acknowledge that a number of the suggestions provided by their experts to the Serbian Government in 2005 were reflected in an improved version of the bill presented by the Government to Parliament in March 2006.

However, a number of shortcomings remain in the recently approved legislation, in particular concerning the need for more precise criteria to define the discretionary powers provided by the law to state and religious authorities; the uncertain effect of "non-registration" on some basic guarantees of freedom of religion; and the need for a more precise definition of the legal status of canon laws and ecclesiastical decisions.

The two organizations also note that the manner in which the legislation was presented by the Government and debated and adopted by Parliament did not allow for a thorough review of the final draft of the law by experts, nor for a full public debate to take into consideration significant concerns raised by various stakeholders in Serbia itself.

The OSCE and CoE therefore note that the law, as adopted, will not contribute in the best way towards the implementation of Serbia's commitments to promote freedom of religion and belief or to positive relations and co-operation among religious communities in Serbia. The two organizations stand ready to provide further advice and assistance in connection with any future efforts to improve this fundamental legislation.