MACEDONIA: RELIGION LAW MEETS INTERNATIONAL

UNCLAS SECTION 01 OF 02 SKOPJE 000970

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EUR/SCE AND DRL/IRF

E.O. 12958: N/A
TAGS: PGOV PHUM PREL KIRF MK
SUBJECT: MACEDONIA: RELIGION LAW MEETS INTERNATIONAL
STANDARDS

REF: SKOPJE 290

SUMMARY


1. (SBU) The Macedonian parliament adopted a new Law on
Religious Communities and Groups in September that
significantly strengthens religious freedom provisions,
generally meets OSCE/ODIHR and Venice Commission standards,
and supports Macedonia's NATO membership bid. Due to take
effect in May 2008, the new law guarantees the right to
freely practice one's religion and is arguably the most
liberal in the region. The new law still requires religious
entities to officially register to attain legal status in
Macedonia, but the registration language is in line with
international standards. We will carefully monitor
implementation of the law to ensure it is evenly applied to
all/all groups seeking to register and practice their
religious beliefs here. End summary.

NEW RELIGIOUS FREEDOM LAW


2. (SBU) The Macedonian parliament passed the new Law on the
Legal Status of Churches, Religious Communities and Religious
Groups on September 5, after a two-year drafting process.
Both Prime Minister Gruevski and Foreign Minister Milososki
lobbied vigorously for the law, particularly with leaders of
the Macedonian Orthodox Church (MOC) and the Islamic
Community of Macedonia (ICM). Those efforts followed earlier
approaches by the Ambassador and EmbOffs to GOM leaders
underscoring the need to strengthen religious freedom in
Macedonia as a key NATO membership criterion.


3. (U) The new law on religion will go into effect on May 1,

2008. The Ministry of Justice is tasked with drafting
guidelines for implementation, and with training judges to
properly enforce the law. Under the new law, the Skopje
Basic Court will be responsible for registering religious
groups; under existing legislation, the Minister of Interior
has that responsibility. Judges are scheduled to begin their
training in January and February 2008.

LIBERAL REGISTRATION PROVISIONS


4. (SBU) The new law further elaborates on freedom of
religion guarantees provided in the Macedonian Constitution.
Unlike the existing legislation, the new law states that an
individual has the right to practice his religion in public
or private and does not have to be a member of a registered
group in order to do so. The law includes, however, a
registration requirement for those religious entities wishing
to obtain legal status in order to own property or open a
bank account. Registration is not/not required to form a
religious group, or to perform religious ceremonies or rites,
another positive departure from the previous law.


5. (SBU) The registration requirement was of concern to
domestic and international observers throughout the drafting
process. Original drafts of the law sought to limit
registration to only one registered group per confession (a
position favored by established religious groups such as the
MOC and ICM) and to allow existing registered groups to veto
the registration of a new group. In its final form, however,
the law on religion eliminated all controversial registration
requirements, simply requiring each religious group to
register under a name and official insignia differentiating
it from other groups (similar to a trademark registration).
The new law arguably is the most liberal in the region.


6. (SBU) The new law contains a grandfather clause for all
religious entities registered prior to 1998. Any religious
entities registered after 1998 will be required to adjust
their registration status according to the new law, and will
have 60 days to comply with that requirement.

LIKELY TEST CASES FOR THE NEW LAW


7. (SBU) The registration of two often controversial
religious groups in Macedonia likely will be the first test
cases of the manner in which the GOM will implement the new
law. The "Ohrid Orthodox Archbishopric" led by Jovan
Vraniskovski, a defrocked Macedonian Orthodox Church Bishop

SKOPJE 00000970 002 OF 002


now aligned with the Serbian Orthodox Church, attempted to
register in 2004 and was refused under provisions of existing
legislation (reftel). Vraniskovski is likely to re-submit a
registration application when the new law takes effect next
May.


8. (SBU) In a December 3 meeting with Poloff, the Minister of
Justice's Chief of Staff, Nikolco Lazarov, said
Vraniskovski's group would be able to register as long as his
group does not use the name "Macedonian Orthodox Church" or
"Ohrid Archbishopric," both of which already have been
registered under the auspices of the MOC. The other
potentially controversial registration involves the Bektashi,
a Sufi Islamic sect, that is involved in an ongoing property
dispute with the larger ICM, which does not recognize the
Bektashi as an independent religious group. The Bektashi
registered in 2000, but will be subject to re-registration
under the new law's grandfather clause.


9. (SBU) Lazarov said that the new law on religion shows the
GOM's support for a fair registration process for all
religious groups, since the authority to approve registration
requests has been vested in the courts, and groups can appeal
a decision against registration. The new law also addresses
OSCE/ODIHR and Venice Commission recommendations that it
stipulate that all religious entities are "equal before the
law," and that there is no numerical threshold for
registration of a religious group.

THE RIGHT TO PERFORM RELIGIOUS RITES


10. (SBU) OSCE/ODIHR and the Venice Commission made suggested
changes to the draft law in the section addressing the
performance of religious rites and ceremonies. Nearly all
the suggested changes were accepted, and the law now clearly
states that individuals or groups can freely perform
religious rites in public or private. The one remaining
controversial clause addresses the "false representation of a
religious servant" (e.g., a priest illegally claiming to
represent a church in which he has not been ordained, or from
which he has been expelled). Both OSCE/ODIHR and the Venice
Commission suggested clarifying language in order to ensure
this clause would not be misused, but that suggestion was not
incorporated into the law.

COMMENT


11. (SBU) According to OSCE/ODIHR and Venice Commission
assessments, the new law generally meets international
standards and represents a significant improvement over
previous versions. The GOM, working with the religious
groups in Macedonia and in coordination with OSCE/ODIHR and
the Venice Commission, took an important step forward in
creating a legal framework for protecting freedom of
religion, which some international observers have suggested
could be a model for the region. We will monitor
implementation carefully to ensure that the registration
provisions are evenly applied to all/all groups seeking to
register and practice in Macedonia, provided they meet the
relevant criteria.
MILOVANOVIC